§ 335.3 — Powers

Iowa § 335.3

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 335: COUNTY ZONING

Text

1. Subjecttosection335.2,theboardofsupervisorsmaybyordinanceregulateandrestrict
the height, number of structures, and size of buildings and other structures, the percentage
of lot that may be occupied, the size of yards, courts, and other open spaces, the density of
population, and the location and use of buildings, structures, and land for trade, industry,
residence, or other purposes, and may regulate, restrict, and prohibit the use for residential
purposes of tents, trailers, and portable or potentially portable structures. However, such
powersshallbeexercisedonlywithreferencetolandandstructureslocatedwithinthecounty
but lying outside of the corporate limits of any city.
2. a. Except as provided in paragraph “b”, when there is a replacement of a preexisting
manufactured, modular, or mobile home with any other manufactured, modular, or mobile
home containing no more than the original number of dwelling units, or a replacement of a
preexistingsite-builtdwellingunitwithamanufactured,modular,ormobilehomeorsite-built
dwelling unit, within a manufactured home community or a mobile home park, the board of
supervisors shall not adopt or enforce any ordinance, regulation, or restriction, or impose
any conditions on the replacement home, home site upon which the home sits, or the owner’s
property that were not required of the preexisting home, home site, or property, that would
prevent the continuance of the property owner’s lawful nonconforming use that had existed
relatingtothepreexistinghome, homesiteuponwhichthehomesat, ortheowner’sproperty.
b. Paragraph “a” does not apply if any of the following conditions exist:
(1) The replacement of the preexisting home with the replacement home would
substantially increase the risk to the safety of life or property.
(2) The property owner has discontinued and abandoned the nonconforming use for
the period of time established by ordinance, unless such discontinuance is caused by
circumstances outside the control of the property owner. The period of time so established
shall be not less than one year. For purposes of this subparagraph, circumstances outside
the control of the property owner include floods, fires, destructive thunderstorm events such
as derechos and tornadoes, and similar catastrophic events causing widespread or localized
severe property damage. For purposes of this subparagraph, a property owner shall not
be considered to have discontinued and abandoned the nonconforming use if the property
owner demonstrates that the applicable home site continues to be available for use as a
home site for a replacement home.
(3) The replacement results in the overall nature and character of the present use being
substantially or entirely different from the original lawful preexisting nonconforming use.
(4) The replacement results in an obstruction to a shared driveway or shared sidewalk
providing vehicular or pedestrian access to other homes and uses unless the property owner
makes modifications to such shared driveway or sidewalk that extinguishes such obstruction
or the effects of such obstruction.

Legislative History

[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §358A.3; 81 Acts, ch 117, §1071]