Senate Study Bill 1165 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act relating to the regulation by counties and cities of 1 continuing nonconforming uses of manufactured, modular, and 2 mobile homes and site-built dwelling units. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2321XC (2) 89 js/ns

S.F. _____ Section 1. Section 335.3, subsection 2, Code 2021, is 1 amended to read as follows: 2 2. a. When Except as provided in paragraph “b” , when there 3 is a replacement of a preexisting manufactured, modular, or 4 mobile home with another any other manufactured, modular, or 5 mobile home containing no more than the original number of 6 dwelling units, or a replacement of a preexisting site-built 7 dwelling unit with a manufactured, modular, or mobile home or 8 site-built dwelling unit, within a manufactured home community 9 or a mobile home park, the board of supervisors shall not adopt 10 or enforce any ordinance, regulation, or restriction , or impose 11 any conditions on the replacement home that were not required 12 of the preexisting home, that would prevent the continuance of 13 the property owner’s lawful nonconforming use that had existed 14 relating to the preexisting home unless any of the following 15 apply: . 16 b. Paragraph “a” does not apply if any of the following 17 conditions exist: 18 a. (1) A discontinuance is necessary for The replacement of 19 the particular home would result in an increased risk to the 20 safety of life or property. 21 b. (2) The property owner has voluntarily discontinued 22 and abandoned the nonconforming use has been discontinued 23 for the period of time established by ordinance, unless such 24 discontinuance is caused by circumstances outside the control 25 of the property owner. The period of time so established shall 26 be not less than one year. For purposes of this subparagraph, 27 circumstances outside the control of the property owner 28 include floods, fires, destructive thunderstorm events such 29 as derechos and tornadoes, and similar catastrophic events 30 causing widespread or localized severe property damage. For 31 purposes of this subparagraph, a property owner shall not be 32 considered to have voluntarily discontinued and abandoned the 33 nonconforming use if the property owner demonstrates that the 34 applicable home site continues to be available for use as a 35 -1- LSB 2321XC (2) 89 js/ns 1/ 4

S.F. _____ home site for a replacement home. 1 c. (3) The replacement results in the overall nature and 2 character of the present use being substantially or entirely 3 different from the original lawful preexisting nonconforming 4 use. 5 d. (4) The replacement results in an obstruction to a 6 shared driveway or shared sidewalk providing vehicular or 7 pedestrian access to other homes and uses unless the property 8 owner makes modifications to such shared driveway or sidewalk 9 that extinguishes such obstruction or the effects of such 10 obstruction. 11 Sec. 2. Section 414.1, subsection 1, paragraph c, Code 2021, 12 is amended to read as follows: 13 c. (1) When Except as provided in subparagraph (2), when 14 there is a replacement of a preexisting manufactured, modular, 15 or mobile home with another any other manufactured, modular, 16 or mobile home containing no more than the original number of 17 dwelling units, or a replacement of a preexisting site-built 18 dwelling unit with a manufactured, modular, or mobile home or 19 site-built dwelling unit, within a manufactured home community 20 or a mobile home park, the city shall not adopt or enforce 21 any ordinance, regulation, or restriction , or impose any 22 conditions on the replacement home that were not required of 23 the preexisting home, that would prevent the continuance of 24 the property owner’s lawful nonconforming use that had existed 25 relating to the preexisting home unless any of the following 26 apply: . 27 (2) Subparagraph 1 does not apply if any of the following 28 conditions exist: 29 (1) (a) A discontinuance is necessary for The replacement 30 of the particular home would result in an increased risk to the 31 safety of life or property. 32 (2) (b) The property owner has voluntarily discontinued 33 and abandoned the nonconforming use has been discontinued 34 for the period of time established by ordinance, unless such 35 -2- LSB 2321XC (2) 89 js/ns 2/ 4

S.F. _____ discontinuance is caused by circumstances outside the control 1 of the property owner. The period of time so established shall 2 be not less than one year. For purposes of this subparagraph 3 division, circumstances outside the control of the property 4 owner include floods, fires, destructive thunderstorm events 5 such as derechos and tornadoes, and similar catastrophic events 6 causing widespread or localized severe property damage. For 7 purposes of this subparagraph division, a property owner 8 shall not be considered to have voluntarily discontinued 9 and abandoned the nonconforming use if the property owner 10 demonstrates that the applicable home site continues to be 11 available for use as a home site for a replacement home. 12 (3) (c) The replacement results in the overall nature and 13 character of the present use being substantially or entirely 14 different from the original lawful preexisting nonconforming 15 use. 16 (4) (d) The replacement results in an obstruction to a 17 shared driveway or shared sidewalk providing vehicular or 18 pedestrian access to other homes and uses unless the property 19 owner makes modifications to such shared driveway or sidewalk 20 that extinguishes such obstruction or the effects of such 21 obstruction. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the regulation by counties and cities 26 of continuing nonconforming uses of manufactured, modular, and 27 mobile homes and site-built dwelling units. 28 Current law prohibits a county or city from adopting 29 or enforcing any ordinance, regulation, or restriction 30 that would prevent the continuance of a property owner’s 31 lawful nonconforming use that had existed for a preexisting 32 manufactured, modular, or mobile home that is being replaced 33 by another manufactured, modular, or mobile home containing 34 no more than the original number of dwelling units, or a 35 -3- LSB 2321XC (2) 89 js/ns 3/ 4

S.F. _____ preexisting site-built dwelling unit that is being replaced 1 with a manufactured, modular, or mobile home or site-built 2 dwelling unit, within a manufactured home community or a mobile 3 home park. In addition to the current prohibitions, the bill 4 prohibits a county or city from imposing any conditions on the 5 replacement home that were not required of the preexisting home 6 that would prevent the continuance of a lawful nonconforming 7 use. 8 Current law provides four exceptions to the prohibitions, 9 two of which the bill amends. One exception is if a 10 discontinuance is necessary for the safety of life or property. 11 The bill instead states that the prohibitions do not apply 12 if the replacement of a particular home would result in an 13 increased risk to the safety of life or property. 14 The second exception is if the nonconforming use has been 15 discontinued for the period of time established by ordinance, 16 unless such discontinuance is caused by circumstances outside 17 the control of the property owner. The bill specifies that 18 this exception applies if the property owner has voluntarily 19 discontinued and abandoned the nonconforming use. The bill 20 provides examples for when a discontinuance is caused by 21 circumstances outside the control of the property owner. 22 The bill also states that a property owner shall not be 23 considered to have voluntarily discontinued and abandoned the 24 nonconforming use if the property owner demonstrates that the 25 applicable home site continues to be available for use as a 26 home site for a replacement home. 27 -4- LSB 2321XC (2) 89 js/ns 4/ 4