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Senate
File
498
-
Introduced
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
1
commercial
and
multifamily
residential
zones.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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498
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
or
multifamily
residential
use.
7
2.
Notwithstanding
subsection
1,
a
county
may
adopt
or
8
enforce
an
ordinance,
motion,
resolution,
or
amendment
that
9
does
any
of
the
following:
10
a.
Creates
a
buffer
between
an
area
zoned
for
commercial
or
11
multifamily
residential
use
and
an
area
zoned
for
any
different
12
use.
13
b.
Regulates
landscaping
in
commercial
or
multifamily
14
residential
areas
to
conform
with
chapter
317
or
as
otherwise
15
required
by
law.
16
c.
Regulates
landscape
design
in
ditches,
easements,
and
17
other
areas
of
a
commercial
or
multifamily
residential
district
18
that
may
obstruct
a
motorist’s
view
or
create
any
other
public
19
safety
issue.
20
d.
Is
in
accordance
with
other
provisions
of
law
governing
21
topsoil
conservation
and
storm
water
runoff.
22
3.
This
section
does
not
prohibit
or
diminish
the
rights
23
of
private
parties
to
enact
regulations
regarding
landscape
24
design
standards
as
created
by
valid
private
covenants
or
other
25
contractual
agreements
among
property
owners
of
commercial
26
buildings
including
but
not
limited
to
restrictive
covenants,
27
or
as
otherwise
permitted
under
Iowa
law.
28
4.
For
purposes
of
this
section,
“landscape
design”
means
29
the
arranging
of
land
and
the
elements
thereon
for
public
and
30
private
use
and
enjoyment,
including
the
alignment
of
roadways
31
and
the
location
of
buildings,
service
areas,
parking
areas,
32
walkways,
steps,
ramps,
pools,
and
other
structures.
“Landscape
33
design”
includes
the
grading
of
the
land,
surface
and
subsoil
34
drainage,
erosion
control,
planting,
reforestation,
and
the
35
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498
preservation
of
the
natural
landscape
and
aesthetic
value
in
1
accordance
with
accepted
professional
standards
of
public
2
health,
welfare,
and
safety.
“Landscape
design”
shall
not
3
include
the
design
of
structures
or
facilities
with
separate
4
and
self-contained
purposes
for
habitation
or
industry,
or
the
5
design
of
public
streets
and
highways,
utilities,
storm
and
6
sanitary
sewers,
or
sewage
treatment
facilities
ordinarily
7
included
in
the
practice
of
engineering
or
architecture.
8
Additionally,
“landscape
design”
shall
not
include
the
making
9
of
land
surveys
or
final
land
plats
for
official
approval
or
10
recording.
11
Sec.
2.
NEW
SECTION
.
364.10
Landscape
regulation
in
12
commercial
zones.
13
1.
A
city
shall
not
adopt
or
enforce
an
ordinance,
14
motion,
resolution,
or
amendment
that
establishes
a
standard
15
for
landscape
design
including
the
products,
materials,
16
or
aesthetic
methods
that
must
be
used
in
areas
zoned
for
17
commercial
or
multifamily
residential
use.
18
2.
Notwithstanding
subsection
1,
a
city
may
adopt
or
enforce
19
an
ordinance,
motion,
resolution,
or
amendment
that
does
any
20
of
the
following:
21
a.
Creates
a
buffer
between
an
area
zoned
for
commercial
or
22
multifamily
residential
use
and
an
area
zoned
for
any
different
23
use.
24
b.
Regulates
landscaping
in
commercial
or
multifamily
25
residential
areas
to
conform
with
chapter
317
or
as
otherwise
26
required
by
law.
27
c.
Regulates
landscape
design
in
ditches,
easements,
and
28
other
areas
of
a
commercial
or
multifamily
residential
district
29
that
may
obstruct
a
motorist’s
view
or
create
any
other
public
30
safety
issue.
31
d.
Is
in
accordance
with
other
provisions
of
law
governing
32
topsoil
conservation
and
storm
water
runoff.
33
3.
This
section
does
not
prohibit
or
diminish
the
rights
34
of
private
parties
to
enact
regulations
regarding
landscape
35
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S.F.
498
design
standards
as
created
by
valid
private
covenants
or
other
1
contractual
agreements
among
property
owners
of
commercial
2
buildings
including
but
not
limited
to
restrictive
covenants,
3
or
as
otherwise
permitted
under
Iowa
law.
4
4.
For
purposes
of
this
section,
“landscape
design”
means
5
the
arranging
of
land
and
the
elements
thereon
for
public
and
6
private
use
and
enjoyment,
including
the
alignment
of
roadways
7
and
the
location
of
buildings,
service
areas,
parking
areas,
8
walkways,
steps,
ramps,
pools,
and
other
structures.
“Landscape
9
design”
includes
the
grading
of
the
land,
surface
and
subsoil
10
drainage,
erosion
control,
planting,
reforestation,
and
the
11
preservation
of
the
natural
landscape
and
aesthetic
value
in
12
accordance
with
accepted
professional
standards
of
public
13
health,
welfare,
and
safety.
“Landscape
design”
shall
not
14
include
the
design
of
structures
or
facilities
with
separate
15
and
self-contained
purposes
for
habitation
or
industry,
or
the
16
design
of
public
streets
and
highways,
utilities,
storm
and
17
sanitary
sewers,
or
sewage
treatment
facilities
ordinarily
18
included
in
the
practice
of
engineering
or
architecture.
19
Additionally,
“landscape
design”
shall
not
include
the
making
20
of
land
surveys
or
final
land
plats
for
official
approval
or
21
recording.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
prohibits
a
county
or
city
from
adopting
or
26
enforcing
an
ordinance,
motion,
resolution,
or
amendment
27
to
establish
a
standard
for
landscape
design
including
the
28
products,
materials,
or
aesthetic
methods
that
must
be
used
29
in
areas
zoned
for
commercial
or
multifamily
residential
use.
30
A
county
or
city
may
adopt
or
enforce
an
ordinance,
motion,
31
resolution,
or
amendment
that
does
any
of
the
following:
32
creates
a
buffer
between
an
area
zoned
for
commercial
or
33
multifamily
residential
use
and
an
area
zoned
for
any
different
34
use;
regulates
landscaping
in
commercial
or
multifamily
35
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S.F.
498
residential
areas
to
conform
with
Code
chapter
317
or
as
1
otherwise
required
by
law;
regulates
landscape
design
in
2
ditches,
easements,
and
other
areas
of
the
commercial
or
3
multifamily
residential
property
that
may
obstruct
a
motorist’s
4
view
or
create
any
other
public
safety
issue;
is
in
accordance
5
with
other
provisions
of
the
law
governing
topsoil
conservation
6
and
storm
water
runoff.
The
bill
does
not
prohibit
or
diminish
7
the
rights
of
private
parties
to
enact
regulations
regarding
8
landscape
design
standards
as
created
by
valid
private
9
covenants
or
other
contractual
agreements
among
property
10
owners
of
commercial
buildings
including
but
not
limited
to
11
restrictive
covenants,
or
as
otherwise
permitted
under
Iowa
12
law.
13
The
bill
defines
“landscape
design”
to
mean
the
arranging
14
of
land
and
the
elements
thereon
for
public
and
private
use
15
and
enjoyment,
including
the
alignment
of
roadways
and
the
16
location
of
buildings,
service
areas,
parking
areas,
walkways,
17
steps,
ramps,
pools,
and
other
structures.
“Landscape
design”
18
includes
the
grading
of
the
land,
surface
and
subsoil
drainage,
19
erosion
control,
planting,
reforestation,
and
the
preservation
20
of
the
natural
landscape
and
aesthetic
value
in
accordance
with
21
accepted
professional
standards
of
public
health,
welfare,
22
and
safety.
“Landscape
design”
does
not
include
the
design
23
of
structures
or
facilities
with
separate
and
self-contained
24
purposes
for
habitation
or
industry,
or
the
design
of
public
25
streets
and
highways,
utilities,
storm
and
sanitary
sewers
or
26
sewage
treatment
facilities
ordinarily
included
in
the
practice
27
of
engineering
or
architecture.
Additionally,
“landscape
28
design”
does
not
include
the
making
of
land
surveys
or
final
29
land
plats
for
official
approval
or
recording.
30
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