SF 498 (LSB 2246SV (2) 91)

SENATE FILE 498

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SSB 1108)

A BILL FOR

An Act relating to county and city landscaping regulation in commercial and multifamily residential zones.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  335.29  Landscape regulation in commercial zones.
   1.  A county shall not adopt or enforce an ordinance, motion, resolution, or amendment that establishes a standard for landscape design including the products, materials, or aesthetic methods that must be used in areas zoned for commercial or multifamily residential use.
   2.  Notwithstanding subsection 1, a county may adopt or enforce an ordinance, motion, resolution, or amendment that does any of the following:
   a.  Creates a buffer between an area zoned for commercial or multifamily residential use and an area zoned for any different use.
   b.  Regulates landscaping in commercial or multifamily residential areas to conform with chapter 317 or as otherwise required by law.
   c.  Regulates landscape design in ditches, easements, and other areas of a commercial or multifamily residential district that may obstruct a motorist’s view or create any other public safety issue.
   d.  Is in accordance with other provisions of law governing topsoil conservation and storm water runoff.
   3.  This section does not prohibit or diminish the rights of private parties to enact regulations regarding landscape design standards as created by valid private covenants or other contractual agreements among property owners of commercial buildings including but not limited to restrictive covenants, or as otherwise permitted under Iowa law.
   4.  For purposes of this section, “landscape design” means the arranging of land and the elements thereon for public and private use and enjoyment, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools, and other structures. “Landscape design” includes the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape and aesthetic value in accordance with accepted professional standards of public health, welfare, and safety. “Landscape design” shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of public streets and highways, utilities, storm and sanitary sewers, or sewage treatment facilities ordinarily included in the practice of engineering or architecture. Additionally, “landscape design” shall not include the making of land surveys or final land plats for official approval or recording.
    Sec. 2.  NEW SECTION.  364.10  Landscape regulation in commercial zones.
   1.  A city shall not adopt or enforce an ordinance, motion, resolution, or amendment that establishes a standard for landscape design including the products, materials, or aesthetic methods that must be used in areas zoned for commercial or multifamily residential use.
   2.  Notwithstanding subsection 1, a city may adopt or enforce an ordinance, motion, resolution, or amendment that does any of the following:
   a.  Creates a buffer between an area zoned for commercial or multifamily residential use and an area zoned for any different use.
   b.  Regulates landscaping in commercial or multifamily residential areas to conform with chapter 317 or as otherwise required by law.
   c.  Regulates landscape design in ditches, easements, and other areas of a commercial or multifamily residential district that may obstruct a motorist’s view or create any other public safety issue.
   d.  Is in accordance with other provisions of law governing topsoil conservation and storm water runoff.
   3.  This section does not prohibit or diminish the rights of private parties to enact regulations regarding landscape design standards as created by valid private covenants or other contractual agreements among property owners of commercial buildings including but not limited to restrictive covenants, or as otherwise permitted under Iowa law.
   4.  For purposes of this section, “landscape design” means the arranging of land and the elements thereon for public and private use and enjoyment, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools, and other structures. “Landscape design” includes the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape and aesthetic value in accordance with accepted professional standards of public health, welfare, and safety. “Landscape design” shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of public streets and highways, utilities, storm and sanitary sewers, or sewage treatment facilities ordinarily included in the practice of engineering or architecture. Additionally, “landscape design” shall not include the making of land surveys or final land plats for official approval or recording.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a county or city from adopting or enforcing an ordinance, motion, resolution, or amendment to establish a standard for landscape design including the products, materials, or aesthetic methods that must be used in areas zoned for commercial or multifamily residential use. A county or city may adopt or enforce an ordinance, motion, resolution, or amendment that does any of the following: creates a buffer between an area zoned for commercial or multifamily residential use and an area zoned for any different use; regulates landscaping in commercial or multifamily residential areas to conform with Code chapter 317 or as otherwise required by law; regulates landscape design in ditches, easements, and other areas of the commercial or multifamily residential property that may obstruct a motorist’s view or create any other public safety issue; is in accordance with other provisions of the law governing topsoil conservation and storm water runoff. The bill does not prohibit or diminish the rights of private parties to enact regulations regarding landscape design standards as created by valid private covenants or other contractual agreements among property owners of commercial buildings including but not limited to restrictive covenants, or as otherwise permitted under Iowa law.
   The bill defines “landscape design” to mean the arranging of land and the elements thereon for public and private use and enjoyment, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools, and other structures. “Landscape design” includes the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape and aesthetic value in accordance with accepted professional standards of public health, welfare, and safety. “Landscape design” does not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of public streets and highways, utilities, storm and sanitary sewers or sewage treatment facilities ordinarily included in the practice of engineering or architecture. Additionally, “landscape design” does not include the making of land surveys or final land plats for official approval or recording.