SSB 1176 (LSB 2164XC (2) 90)

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 replacement of a preexisting manufactured, modular, or mobile home or site-built dwelling unit, and including retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 335.3, subsection 2, paragraph b, subparagraph (2), Code 2023, is amended to read as follows:
   (2)  The property owner has, subsequent to July 1, 2022, discontinued and abandoned the nonconforming use upon the entirety of the owner’s property for the period of time established by ordinance, unless such discontinuance is caused by circumstances outside the control of the property owner. The period of time so established shall be not less than one year. For purposes of this subparagraph, circumstances outside the control of the property owner include floods, fires, destructive thunderstorm events such as derechos and tornadoes, and similar catastrophic events causing widespread or localized severe property damage. For purposes of this subparagraph, a property owner shall not be considered to have discontinued and abandoned the nonconforming use if the property owner demonstrates that the applicable home site continues to be available for use as a home site for a replacement home.
    Sec. 2.  Section 414.1, subsection 1, paragraph c, subparagraph (2), subparagraph division (b), Code 2023, is amended to read as follows:
   (b)  The property owner has, subsequent to July 1, 2022, discontinued and abandoned the nonconforming use upon the entirety of the owner’s property for the period of time established by ordinance, unless such discontinuance is caused by circumstances outside the control of the property owner. The period of time so established shall be not less than one year. For purposes of this subparagraph division, circumstances outside the control of the property owner include floods, fires, destructive thunderstorm events such as derechos and tornadoes, and similar catastrophic events causing widespread or localized severe property damage. For purposes of this subparagraph division, a property owner shall not be considered to have discontinued and abandoned the nonconforming use if the property owner demonstrates that the applicable home site continues to be available for use as a home site for a replacement home.
    Sec. 3.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to July 1, 2022.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to nonconforming uses when there is a replacement of a preexisting manufactured, modular, or mobile home or site-built dwelling unit. Under current law, when there is a replacement of a preexisting manufactured, modular, or mobile home with any other manufactured, modular, or mobile home containing no more than the original number of dwelling units, or a replacement of a preexisting site-built dwelling unit with a manufactured, modular, or mobile home or site-built dwelling unit, within a manufactured home community or a mobile home park, a county or city is generally prohibited from adopting or enforcing any ordinance, regulation, or restriction, or imposing any conditions on the replacement home, home site upon which the home sits, or the owner’s property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner’s lawful nonconforming use that had existed relating to the preexisting home, home site upon which the home sat, or the owner’s property. A county or city may generally adopt or enforce such an ordinance, regulation, or restriction or impose such conditions when the property owner has discontinued and abandoned the nonconforming use for the period of time established by ordinance. The bill specifies that a county or city may generally adopt or enforce such an ordinance, regulation, or restriction or impose such conditions when the property owner has, subsequent to July 1, 2022, discontinued and abandoned the nonconforming use upon the entirety of the owner’s property for the period of time established by ordinance. The bill is retroactively applicable to July 1, 2022.