Bill Text: IA SSB1176 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: 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.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-22 - Subcommittee: Schultz, Bousselot, and Giddens. [SSB1176 Detail]
Download: Iowa-2023-SSB1176-Introduced.html
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
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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
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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.
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