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Senate Study Bill 1176 - IntroducedA Bill ForAn Act 1relating to nonconforming uses when there is a
2replacement of a preexisting manufactured, modular, or
3mobile home or site-built dwelling unit, and including
4retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 335.3, subsection 2, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) The property owner has, subsequent to July 1, 2022,
4 discontinued and abandoned the nonconforming use upon the
5entirety of the owner’s property for the period of time
6established by ordinance, unless such discontinuance is caused
7by circumstances outside the control of the property owner.
8The period of time so established shall be not less than one
9year. For purposes of this subparagraph, circumstances outside
10the control of the property owner include floods, fires,
11destructive thunderstorm events such as derechos and tornadoes,
12and similar catastrophic events causing widespread or localized
13severe property damage. For purposes of this subparagraph, a
14property owner shall not be considered to have discontinued
15and abandoned the nonconforming use if the property owner
16demonstrates that the applicable home site continues to be
17available for use as a home site for a replacement home.
18 Sec. 2. Section 414.1, subsection 1, paragraph c,
19subparagraph (2), subparagraph division (b), Code 2023, is
20amended to read as follows:
21(b) The property owner has, subsequent to July 1, 2022,
22 discontinued and abandoned the nonconforming use upon the
23entirety of the owner’s property for the period of time
24established by ordinance, unless such discontinuance is
25caused by circumstances outside the control of the property
26owner. The period of time so established shall be not less
27than one year. For purposes of this subparagraph division,
28circumstances outside the control of the property owner
29include floods, fires, destructive thunderstorm events such as
30derechos and tornadoes, and similar catastrophic events causing
31widespread or localized severe property damage. For purposes
32of this subparagraph division, a property owner shall not be
33considered to have discontinued and abandoned the nonconforming
34use if the property owner demonstrates that the applicable home
35site continues to be available for use as a home site for a
-1-1replacement home.
2 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies
3retroactively to July 1, 2022.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to nonconforming uses when there is a
8replacement of a preexisting manufactured, modular, or mobile
9home or site-built dwelling unit. Under current law, when
10there is a replacement of a preexisting manufactured, modular,
11or mobile home with any other manufactured, modular, or mobile
12home containing no more than the original number of dwelling
13units, or a replacement of a preexisting site-built dwelling
14unit with a manufactured, modular, or mobile home or site-built
15dwelling unit, within a manufactured home community or a
16mobile home park, a county or city is generally prohibited
17from adopting or enforcing any ordinance, regulation, or
18restriction, or imposing any conditions on the replacement
19home, home site upon which the home sits, or the owner’s
20property that were not required of the preexisting home, home
21site, or property, that would prevent the continuance of the
22property owner’s lawful nonconforming use that had existed
23relating to the preexisting home, home site upon which the
24home sat, or the owner’s property. A county or city may
25generally adopt or enforce such an ordinance, regulation,
26or restriction or impose such conditions when the property
27owner has discontinued and abandoned the nonconforming use
28for the period of time established by ordinance. The bill
29specifies that a county or city may generally adopt or enforce
30such an ordinance, regulation, or restriction or impose such
31conditions when the property owner has, subsequent to July 1,
322022, discontinued and abandoned the nonconforming use upon
33the entirety of the owner’s property for the period of time
34established by ordinance. The bill is retroactively applicable
35to July 1, 2022.
-2-js/ns
2replacement of a preexisting manufactured, modular, or
3mobile home or site-built dwelling unit, and including
4retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 335.3, subsection 2, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) The property owner has, subsequent to July 1, 2022,
4 discontinued and abandoned the nonconforming use upon the
5entirety of the owner’s property for the period of time
6established by ordinance, unless such discontinuance is caused
7by circumstances outside the control of the property owner.
8The period of time so established shall be not less than one
9year. For purposes of this subparagraph, circumstances outside
10the control of the property owner include floods, fires,
11destructive thunderstorm events such as derechos and tornadoes,
12and similar catastrophic events causing widespread or localized
13severe property damage. For purposes of this subparagraph, a
14property owner shall not be considered to have discontinued
15and abandoned the nonconforming use if the property owner
16demonstrates that the applicable home site continues to be
17available for use as a home site for a replacement home.
18 Sec. 2. Section 414.1, subsection 1, paragraph c,
19subparagraph (2), subparagraph division (b), Code 2023, is
20amended to read as follows:
21(b) The property owner has, subsequent to July 1, 2022,
22 discontinued and abandoned the nonconforming use upon the
23entirety of the owner’s property for the period of time
24established by ordinance, unless such discontinuance is
25caused by circumstances outside the control of the property
26owner. The period of time so established shall be not less
27than one year. For purposes of this subparagraph division,
28circumstances outside the control of the property owner
29include floods, fires, destructive thunderstorm events such as
30derechos and tornadoes, and similar catastrophic events causing
31widespread or localized severe property damage. For purposes
32of this subparagraph division, a property owner shall not be
33considered to have discontinued and abandoned the nonconforming
34use if the property owner demonstrates that the applicable home
35site continues to be available for use as a home site for a
-1-1replacement home.
2 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies
3retroactively to July 1, 2022.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to nonconforming uses when there is a
8replacement of a preexisting manufactured, modular, or mobile
9home or site-built dwelling unit. Under current law, when
10there is a replacement of a preexisting manufactured, modular,
11or mobile home with any other manufactured, modular, or mobile
12home containing no more than the original number of dwelling
13units, or a replacement of a preexisting site-built dwelling
14unit with a manufactured, modular, or mobile home or site-built
15dwelling unit, within a manufactured home community or a
16mobile home park, a county or city is generally prohibited
17from adopting or enforcing any ordinance, regulation, or
18restriction, or imposing any conditions on the replacement
19home, home site upon which the home sits, or the owner’s
20property that were not required of the preexisting home, home
21site, or property, that would prevent the continuance of the
22property owner’s lawful nonconforming use that had existed
23relating to the preexisting home, home site upon which the
24home sat, or the owner’s property. A county or city may
25generally adopt or enforce such an ordinance, regulation,
26or restriction or impose such conditions when the property
27owner has discontinued and abandoned the nonconforming use
28for the period of time established by ordinance. The bill
29specifies that a county or city may generally adopt or enforce
30such an ordinance, regulation, or restriction or impose such
31conditions when the property owner has, subsequent to July 1,
322022, discontinued and abandoned the nonconforming use upon
33the entirety of the owner’s property for the period of time
34established by ordinance. The bill is retroactively applicable
35to July 1, 2022.
-2-js/ns