Senate File 368 - IntroducedA Bill ForAn Act 1relating to restrictions on lawful preexisting
2nonconforming uses by cities and counties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 335.3, Code 2019, is amended to read as
2follows:
   3335.3  Powers.
   41.  Subject to section 335.2, the board of supervisors
5may by ordinance regulate and restrict the height, number of
6structures, and size of buildings and other structures, the
7percentage of lot that may be occupied, the size of yards,
8courts, and other open spaces, the density of population,
9and the location and use of buildings, structures, and land
10for trade, industry, residence, or other purposes, and may
11regulate, restrict, and prohibit the use for residential
12purposes of tents, trailers, and portable or potentially
13portable structures. However, such powers shall be exercised
14only with reference to land and structures located within the
15county but lying outside of the corporate limits of any city.
   162.  a.  The board of supervisors shall not adopt or enforce
17any ordinance, regulation, or restriction that would prevent
18the continuance of a property owner’s lawful preexisting
19nonconforming use unless any of the following apply:
   20(1)  A discontinuance is necessary for the safety of life or
21property.
   22(2)  The nonconforming use is legally abandoned.
   23(3)  The nonconforming use is enlarged or extended. For
24purposes of this subparagraph, a nonconforming use is deemed
25to have been enlarged or extended only when the overall nature
26and character of the present use are substantially or entirely
27different from the original lawful preexisting nonconforming
28use.
   29b.  When there is a replacement of a preexisting manufactured
30or mobile home with another manufactured or mobile home
31within a manufactured home community or mobile home park,
32respectively, any lawful nonconforming use that existed
33relating to the preexisting home shall not be deemed to have
34been enlarged or extended except when the overall nature and
35character of the present use are substantially or entirely
-1-1different from the original lawful preexisting nonconforming
2use.
3   Sec. 2.  Section 414.1, subsection 1, Code 2019, is amended
4by adding the following new paragraph:
5   NEW PARAGRAPH.  c.  (1)  A city shall not adopt or enforce
6any ordinance, regulation, or restriction that would prevent
7the continuance of a property owner’s lawful preexisting
8nonconforming use unless any of the following apply:
   9(a)  A discontinuance is necessary for the safety of life or
10property.
   11(b)  The nonconforming use is legally abandoned.
   12(c)  The nonconforming use is enlarged or extended. For
13purposes of this subparagraph division, a nonconforming use is
14deemed to have been enlarged or extended only when the overall
15nature and character of the present use are substantially
16or entirely different from the original lawful preexisting
17nonconforming use.
   18(2)  When there is a replacement of a preexisting
19manufactured or mobile home with another manufactured or mobile
20home within a manufactured home community or mobile home
21park, respectively, any lawful nonconforming use that existed
22relating to the preexisting home shall not be deemed to have
23been enlarged or extended except when the overall nature and
24character of the present use are substantially or entirely
25different from the original lawful preexisting nonconforming
26use.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill affects the powers of cities and counties when
31enforcing zoning ordinances. The bill prohibits a city or
32county from adopting or enforcing an ordinance, regulation,
33or restriction that would prevent a nonconforming use from
34continuing if the use was legal before adoption of such
35ordinance, regulation, or restriction unless a discontinuance
-2-1is necessary for the safety of life or property, the
2nonconforming use is legally abandoned, or the nonconforming
3use is enlarged or extended.
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