House File 701 - Reprinted HOUSE FILE 701 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 100) (As Amended and Passed by the House April 3, 2019 ) A BILL FOR An Act relating to the continuance of lawful preexisting 1 nonconforming uses by manufactured, modular, and mobile 2 homes and site-built dwelling units. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 701 (3) 88 js/rn/md

H.F. 701 Section 1. Section 335.3, Code 2019, is amended to read as 1 follows: 2 335.3 Powers. 3 1. Subject to section 335.2 , the board of supervisors 4 may by ordinance regulate and restrict the height, number of 5 structures, and size of buildings and other structures, the 6 percentage of lot that may be occupied, the size of yards, 7 courts, and other open spaces, the density of population, 8 and the location and use of buildings, structures, and land 9 for trade, industry, residence, or other purposes, and may 10 regulate, restrict, and prohibit the use for residential 11 purposes of tents, trailers, and portable or potentially 12 portable structures. However, such powers shall be exercised 13 only with reference to land and structures located within the 14 county but lying outside of the corporate limits of any city. 15 2. When there is a replacement of a preexisting 16 manufactured, modular, or mobile home with another 17 manufactured, modular, or mobile home containing no more than 18 the original number of dwelling units, or a replacement of 19 a preexisting site-built dwelling unit with a manufactured, 20 modular, or mobile home or site-built dwelling unit, within a 21 manufactured home community or a mobile home park, the board 22 of supervisors shall not adopt or enforce any ordinance, 23 regulation, or restriction that would prevent the continuance 24 of the property owner’s lawful nonconforming use that had 25 existed relating to the preexisting home unless any of the 26 following apply: 27 a. A discontinuance is necessary for the safety of life or 28 property. 29 b. The nonconforming use has been discontinued for 30 the period of time established by ordinance, unless such 31 discontinuance is caused by circumstances outside the control 32 of the property owner. The period of time so established shall 33 be not less than one year. 34 c. The replacement results in the overall nature and 35 -1- HF 701 (3) 88 js/rn/md 1/ 3

H.F. 701 character of the present use being substantially or entirely 1 different from the original lawful preexisting nonconforming 2 use. 3 d. The replacement results in an obstruction to a shared 4 driveway or shared sidewalk providing vehicular or pedestrian 5 access to other homes and uses unless the property owner 6 makes modifications to such shared driveway or sidewalk 7 that extinguishes such obstruction or the effects of such 8 obstruction. 9 Sec. 2. Section 414.1, subsection 1, Code 2019, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . c. When there is a replacement of a 12 preexisting manufactured, modular, or mobile home with another 13 manufactured, modular, or mobile home containing no more than 14 the original number of dwelling units, or a replacement of 15 a preexisting site-built dwelling unit with a manufactured, 16 modular, or mobile home or site-built dwelling unit, within a 17 manufactured home community or a mobile home park, the city 18 shall not adopt or enforce any ordinance, regulation, or 19 restriction that would prevent the continuance of the property 20 owner’s lawful nonconforming use that had existed relating to 21 the preexisting home unless any of the following apply: 22 (1) A discontinuance is necessary for the safety of life or 23 property. 24 (2) The nonconforming use has been discontinued for 25 the period of time established by ordinance, unless such 26 discontinuance is caused by circumstances outside the control 27 of the property owner. The period of time so established shall 28 be not less than one year. 29 (3) The replacement results in the overall nature and 30 character of the present use being substantially or entirely 31 different from the original lawful preexisting nonconforming 32 use. 33 (4) The replacement results in an obstruction to a shared 34 driveway or shared sidewalk providing vehicular or pedestrian 35 -2- HF 701 (3) 88 js/rn/md 2/ 3

H.F. 701 access to other homes and uses unless the property owner 1 makes modifications to such shared driveway or sidewalk 2 that extinguishes such obstruction or the effects of such 3 obstruction. 4 -3- HF 701 (3) 88 js/rn/md 3/ 3