Davenport City Zoning Code
CHAPTER 17
01 TITLE, PURPOSE, AND APPLICABILITY
17.01.010 Title.
This ordinance is known, cited, and referred to as the "Zoning Ordinance of the City of Davenport, Iowa," "Zoning Ordinance," or "ordinance," and incorporates the City of Davenport Official Zoning Map.
17.01.020 Purpose.
The intent of this document is to establish zoning regulations to serve the City of Davenport, which may be cited as "the City" or "City." This Zoning Ordinance is adopted for the following purposes:
A.
To promote and protect the public health, safety, and welfare.
B.
To promote the orderly development of Davenport in accordance with the Comprehensive Plan and adopted land use policies.
C.
To organize the City into zoning districts, according to use of land and structures, height and bulk of structures, intensity of use of the lot, or other classification, as deemed best suited to carry out the purposes of this ordinance.
D.
To protect the character and maintain the stability of the City's residential and non-residential areas.
E.
To preserve and enhance the value of structures, communities, and neighborhoods that constitute the distinct places within the City.
F.
To promote infill development.
G.
To promote economic development within the City that balances the needs of the current and future economy with a high quality-of-life standard.
H.
To promote the preservation, protection, and conservation of natural resources.
I.
To protect against fire, explosions, noxious fumes, and other dangers.
J.
To provide for the gradual elimination of nonconformities.
K.
To define and limit the powers and duties of the administrative officers and bodies as provided in this ordinance.
L.
To prescribe penalties for the violation of and methods for the enforcement of the provisions of this ordinance.
17.01.030 Applicability.
A.
Territorial Application. This ordinance applies to all land, uses, and structures within the corporate limits of the City of Davenport. However, per Section 17.03.040, rights-of-way and utilities are not controlled by this Zoning Ordinance.
B.
General Application. In their interpretation and application, the provisions of this ordinance are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.
C.
Required Conformance. Any part or whole of a structure must be erected, constructed, reconstructed, moved, and enlarged in conformance with the requirements of this ordinance. Any structure or land must be used and occupied in conformance with the requirements of this ordinance.
D.
Relation to Private Agreements. This ordinance does not nullify any private agreement or covenant. However, where this ordinance is more restrictive than a private agreement or covenant, this ordinance controls. The City will not enforce any private agreement or covenant.
E.
Relation to Other Laws and Regulations. Unless otherwise specifically provided, this ordinance controls over less restrictive City statutes, ordinances, or regulations, and more City restrictive statutes, ordinances, or regulations control over the provisions of this ordinance.
F.
Rules of Ordinance Construction. This ordinance contains graphics in order to assist the user in understanding and applying the ordinance. However, where there is any inconsistency between the text of this ordinance and any such graphics, the text controls unless otherwise specifically stated.
17.01.040 Transition rules.
[Amended 12-11-2024 by Ord. No. 2024-522]
A.
Existing Illegal Structures and Uses. A structure or use that is illegal at the time of the adoption of, but is made legal by the provisions of this ordinance, is deemed lawful as of the effective date of this ordinance. However, if that structure or use does not conform to every requirement of this ordinance, then that structure or use remains illegal and is subject to the enforcement provisions of this ordinance.
B.
Existing Uses.
1.
If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this ordinance or any subsequent amendment to this ordinance, and now that use is classified as a permitted use as of the effective date of this ordinance or any subsequent amendment to this ordinance, that use is classified as a permitted use.
2.
If a structure or land is used in a manner that was classified as a special use prior to the effective date of this ordinance or any subsequent amendment to this ordinance, and now that use is classified as a special use as of the effective date of this ordinance or any subsequent amendment to this ordinance, that use is classified as a special use and subject to the approval conditions under which it was originally approved.
3.
If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this ordinance or any subsequent amendment to this ordinance, and now that use is classified as a special use as of the effective date of this ordinance or any subsequent amendment to this ordinance, that use is deemed a special use. Any subsequent addition, enlargement, or expansion of that use must conform to the procedural and substantive requirements of this ordinance for special uses.
4.
If a structure or land is used in a manner that was classified as a special use prior to the effective date of this ordinance or any subsequent amendment to this ordinance, and that use is now classified as a permitted use as of the effective date of this ordinance or any subsequent amendment to this ordinance, that use is deemed a permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any ordinance requirements for such permitted use and is no longer subject to any approval conditions under which it was originally approved.
5.
If a structure or land is used in a manner that was classified as permitted or special use prior to the effective date of this ordinance or any subsequent amendment to this ordinance, but this ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions of Chapter 17.15.
C.
Structures Rendered Nonconforming. If a structure existing on the effective date of this ordinance was a conforming structure before the effective date of this ordinance, but such structure does not meet all standards set forth in this ordinance in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Chapter 17.15.
D.
Lots Rendered Nonconforming. If a lot of record existing on the effective date of this ordinance was a conforming lot before the effective date of this ordinance, but such lot does not meet all standards set forth in this ordinance in the zoning district in which it is located, that lot is deemed a nonconforming lot of record and is controlled by the provisions of Chapter 17.15.
E.
Site Characteristics Rendered Nonconforming. If a site characteristic existing on the effective date of this ordinance was conforming before the effective date of this ordinance or any subsequent amendment to this ordinance, but such site characteristic does not meet all standards set forth in this ordinance in the zoning district in which it is located, that site characteristic is deemed a nonconforming site characteristic and is controlled by the provisions of Chapter 17.15.
F.
Previously Issued Building Permits. If a building permit for a structure was lawfully issued prior to the effective date of this ordinance, and remains active and in good standing, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended.
G.
Previously Granted Variances. All variance approvals granted prior to the effective date of this ordinance remain in full force and effect, unless such variance is no longer needed after the effective date. The recipient of the variance may proceed to develop the property in accordance with the approved plans and all applicable conditions. However, if the recipient has failed to act on the variance before the approval expires, including any approved periods of extension, then the provisions of this ordinance govern.
H.
Previously Granted Special Uses.
1.
All special uses granted prior to the effective date of this ordinance, but where the use has not yet commenced, remain in full force and effect. The recipient of the special use may proceed to use the property in accordance with the approved plans and all applicable conditions.
2.
However, if the special use becomes a permitted use in the district as of the effective date, such special use approval is no longer needed.
3.
If the recipient has failed to act on the special use before the approval expires, including any approved periods of extension, then the special use is null and void.
I.
Previously Approved Planned Developments
1.
Previously approved TND Traditional Neighborhood Development Districts remain in effect and continue to control the development of land that is subject to such approval. These previously approved planned development districts are considered planned unit developments as of the effective date of this ordinance. Any amendments to existing planned developments are subject to the amendment procedures of planned unit developments unless specific amendment process has been included as part of the approval.
2.
Previously approved PID Planned Institutional Districts remain in effect and continue to control the development of land that is subject to such approval. These previously approved planned development districts are considered the IC Institutional Campus District as of the effective date of this ordinance. Any amendments to existing planned developments are subject to the amendment procedures of the IC District unless specific amendment process has been included as part of the approval.
J.
Pending Applications.
1.
A variance, special use, or design review application that has been deemed complete and has been scheduled for a public hearing or meeting, as applicable, is subject to the ordinance requirements in effect on the date the application was deemed complete.
2.
A building permit that has been submitted and deemed complete is subject to the ordinance requirements in effect on the date the application was deemed complete.
17.01.050 Severability.
If any section, paragraph, subdivision, clause, sentence, or provision of this ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of this ordinance. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.