Senate Study Bill 1108 - Introduced 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 1 commercial zones. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2246XC (2) 91 ll/js S.F. _____ Section 1. NEW SECTION . 335.29 Landscape regulation in 1 commercial zones. 2 1. A county shall not adopt or enforce an ordinance, 3 motion, resolution, or amendment that establishes a standard 4 for landscape design including the products, materials, 5 or aesthetic methods that must be used in areas zoned for 6 commercial use. 7 2. This section does not prohibit or diminish the rights 8 of private parties to enact regulations regarding landscape 9 design standards as created by valid private covenants or other 10 contractual agreements among property owners of commercial 11 buildings including but not limited to restrictive covenants, 12 or as otherwise permitted under Iowa law. 13 Sec. 2. NEW SECTION . 364.10 Landscape regulation in 14 commercial zones. 15 1. A city shall not adopt or enforce an ordinance, 16 motion, resolution, or amendment that establishes a standard 17 for landscape design including the products, materials, 18 or aesthetic methods that must be used in areas zoned for 19 commercial use. 20 2. This section does not prohibit or diminish the rights 21 of private parties to enact regulations regarding landscape 22 design standards as created by valid private covenants or other 23 contractual agreements among property owners of commercial 24 buildings including but not limited to restrictive covenants, 25 or as otherwise permitted under Iowa law. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 This bill prohibits a county or city from adopting or 30 enforcing an ordinance, motion, resolution, or amendment 31 to establish a standard for landscape design including 32 the products, materials, or aesthetic methods that must be 33 used in areas zoned for commercial use. The bill does not 34 prohibit or diminish the rights of private parties to enact 35 -1- LSB 2246XC (2) 91 ll/js 1/ 2 S.F. _____ regulations regarding landscape design standards as created 1 by valid private covenants or other contractual agreements 2 among property owners of commercial buildings including but not 3 limited to restrictive covenants, or as otherwise permitted 4 under Iowa law. 5 -2- LSB 2246XC (2) 91 ll/js 2/ 2