Senate Study Bill 1176 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act relating to nonconforming uses when there is a 1 replacement of a preexisting manufactured, modular, or 2 mobile home or site-built dwelling unit, and including 3 retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2164XC (2) 90 js/ns

S.F. _____ Section 1. Section 335.3, subsection 2, paragraph b, 1 subparagraph (2), Code 2023, is amended to read as follows: 2 (2) The property owner has , subsequent to July 1, 2022, 3 discontinued and abandoned the nonconforming use upon the 4 entirety of the owner’s property for the period of time 5 established by ordinance, unless such discontinuance is caused 6 by circumstances outside the control of the property owner. 7 The period of time so established shall be not less than one 8 year. For purposes of this subparagraph, circumstances outside 9 the control of the property owner include floods, fires, 10 destructive thunderstorm events such as derechos and tornadoes, 11 and similar catastrophic events causing widespread or localized 12 severe property damage. For purposes of this subparagraph, a 13 property owner shall not be considered to have discontinued 14 and abandoned the nonconforming use if the property owner 15 demonstrates that the applicable home site continues to be 16 available for use as a home site for a replacement home. 17 Sec. 2. Section 414.1, subsection 1, paragraph c, 18 subparagraph (2), subparagraph division (b), Code 2023, is 19 amended to read as follows: 20 (b) The property owner has , subsequent to July 1, 2022, 21 discontinued and abandoned the nonconforming use upon the 22 entirety of the owner’s property for the period of time 23 established by ordinance, unless such discontinuance is 24 caused by circumstances outside the control of the property 25 owner. The period of time so established shall be not less 26 than one year. For purposes of this subparagraph division, 27 circumstances outside the control of the property owner 28 include floods, fires, destructive thunderstorm events such as 29 derechos and tornadoes, and similar catastrophic events causing 30 widespread or localized severe property damage. For purposes 31 of this subparagraph division, a property owner shall not be 32 considered to have discontinued and abandoned the nonconforming 33 use if the property owner demonstrates that the applicable home 34 site continues to be available for use as a home site for a 35 -1- LSB 2164XC (2) 90 js/ns 1/ 2

S.F. _____ replacement home. 1 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 2 retroactively to July 1, 2022. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to nonconforming uses when there is a 7 replacement of a preexisting manufactured, modular, or mobile 8 home or site-built dwelling unit. Under current law, when 9 there is a replacement of a preexisting manufactured, modular, 10 or mobile home with any other manufactured, modular, or mobile 11 home containing no more than the original number of dwelling 12 units, or a replacement of a preexisting site-built dwelling 13 unit with a manufactured, modular, or mobile home or site-built 14 dwelling unit, within a manufactured home community or a 15 mobile home park, a county or city is generally prohibited 16 from adopting or enforcing any ordinance, regulation, or 17 restriction, or imposing any conditions on the replacement 18 home, home site upon which the home sits, or the owner’s 19 property that were not required of the preexisting home, home 20 site, or property, that would prevent the continuance of the 21 property owner’s lawful nonconforming use that had existed 22 relating to the preexisting home, home site upon which the 23 home sat, or the owner’s property. A county or city may 24 generally adopt or enforce such an ordinance, regulation, 25 or restriction or impose such conditions when the property 26 owner has discontinued and abandoned the nonconforming use 27 for the period of time established by ordinance. The bill 28 specifies that a county or city may generally adopt or enforce 29 such an ordinance, regulation, or restriction or impose such 30 conditions when the property owner has, subsequent to July 1, 31 2022, discontinued and abandoned the nonconforming use upon 32 the entirety of the owner’s property for the period of time 33 established by ordinance. The bill is retroactively applicable 34 to July 1, 2022. 35 -2- LSB 2164XC (2) 90 js/ns 2/ 2