Bill Text: IA SSB1141 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to restrictions on lawful preexisting nonconforming uses by cities and counties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-13 - Subcommittee recommends passage. [SSB1141 Detail]
Download: Iowa-2019-SSB1141-Introduced.html
Senate
Study
Bill
1141
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
restrictions
on
lawful
preexisting
1
nonconforming
uses
by
cities
and
counties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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.
a.
The
board
of
supervisors
shall
not
adopt
or
enforce
16
any
ordinance,
regulation,
or
restriction
that
would
prevent
17
the
continuance
of
a
property
owner’s
lawful
preexisting
18
nonconforming
use
unless
any
of
the
following
apply:
19
(1)
A
discontinuance
is
necessary
for
the
safety
of
life
or
20
property.
21
(2)
The
nonconforming
use
is
legally
abandoned.
22
(3)
The
nonconforming
use
is
enlarged
or
extended.
For
23
purposes
of
this
subparagraph,
a
nonconforming
use
is
deemed
24
to
have
been
enlarged
or
extended
only
when
the
overall
nature
25
and
character
of
the
present
use
are
substantially
or
entirely
26
different
from
the
original
lawful
preexisting
nonconforming
27
use.
28
b.
When
there
is
a
replacement
of
a
preexisting
manufactured
29
or
mobile
home
with
another
manufactured
or
mobile
home
30
within
a
manufactured
home
community
or
mobile
home
park,
31
respectively,
any
lawful
nonconforming
use
that
existed
32
relating
to
the
preexisting
home
shall
not
be
deemed
to
have
33
been
enlarged
or
extended
except
when
the
overall
nature
and
34
character
of
the
present
use
are
substantially
or
entirely
35
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different
from
the
original
lawful
preexisting
nonconforming
1
use.
2
Sec.
2.
Section
414.1,
subsection
1,
Code
2019,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
c.
(1)
A
city
shall
not
adopt
or
enforce
5
any
ordinance,
regulation,
or
restriction
that
would
prevent
6
the
continuance
of
a
property
owner’s
lawful
preexisting
7
nonconforming
use
unless
any
of
the
following
apply:
8
(a)
A
discontinuance
is
necessary
for
the
safety
of
life
or
9
property.
10
(b)
The
nonconforming
use
is
legally
abandoned.
11
(c)
The
nonconforming
use
is
enlarged
or
extended.
For
12
purposes
of
this
subparagraph
division,
a
nonconforming
use
is
13
deemed
to
have
been
enlarged
or
extended
only
when
the
overall
14
nature
and
character
of
the
present
use
are
substantially
15
or
entirely
different
from
the
original
lawful
preexisting
16
nonconforming
use.
17
(2)
When
there
is
a
replacement
of
a
preexisting
18
manufactured
or
mobile
home
with
another
manufactured
or
mobile
19
home
within
a
manufactured
home
community
or
mobile
home
20
park,
respectively,
any
lawful
nonconforming
use
that
existed
21
relating
to
the
preexisting
home
shall
not
be
deemed
to
have
22
been
enlarged
or
extended
except
when
the
overall
nature
and
23
character
of
the
present
use
are
substantially
or
entirely
24
different
from
the
original
lawful
preexisting
nonconforming
25
use.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
affects
the
powers
of
cities
and
counties
when
30
enforcing
zoning
ordinances.
The
bill
prohibits
a
city
or
31
county
from
adopting
or
enforcing
an
ordinance,
regulation,
32
or
restriction
that
would
prevent
a
nonconforming
use
from
33
continuing
if
the
use
was
legal
before
adoption
of
such
34
ordinance,
regulation,
or
restriction
unless
a
discontinuance
35
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