SSB 1108 (LSB 2246XC (2) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER)

A BILL FOR

An Act relating to county and city landscaping regulation in commercial 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 use.
   2.  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.
    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 use.
   2.  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.
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 use. 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.