Davenport City Zoning Code
CHAPTER 17
14 ZONING APPLICATIONS
17.14.010 Application.
A.
Filing and Pre-Application Conference.
1.
All zoning applications must be filed with the Zoning Administrator. The application must be on forms provided by the City and filed in such quantity as required by the instructions.
2.
Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is required. The purpose of the pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the application. Certain applications may require specific submittals at the pre-application conference.
B.
Completeness.
1.
The application must include all information, plans, and data as specified in the application requirements. Any required plans must be at a scale sufficient to permit a clear and precise understanding of the proposal, unless specifically required to be at a set scale.
2.
The Zoning Administrator will examine all applications within five working days of filing to determine completeness. If the application does not include all the submittal requirements for the application, the Zoning Administrator will reject the application and provide the applicant with the reasons for the rejection. The Zoning Administrator will take no further steps to process the application until all deficiencies are remedied.
3.
After an application is determined to be complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees. However, once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a change to the application.
C.
Fees. Each application must be accompanied by the required filing fee. The failure to pay such fee when due is grounds for refusing to process the application and renders the application incomplete. If an application is submitted by any board, commission, or official of the City, then fee requirements are waived.
D.
Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled. The applicant must submit a request for withdrawal in writing. There will be no refund of fees.
E.
Consideration of Successive Applications.
1.
Within one year of the date of denial, a subsequent application for the same zoning approval will not be reviewed or heard unless there is substantial new evidence available, or if a significant mistake of law or of fact affected the prior denial.
2.
If the application is resubmitted earlier than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration.
3.
The Zoning Administrator will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If the Zoning Administrator finds that there are no new grounds for consideration of the subsequent application, he/she will summarily, and without hearing, deny the request.
17.14.020 Notice.
[Amended 9-11-2019 by Ord. No. 2019-363; ]Ord. No. 2019-195]
A.
Notice. Table 17.14-1: Notice indicates the types of notice for public hearings on zoning applications. Certain applications may contain additional notice requirements within their specific provisions.
Table 17.14-1: Notice | ||||
|---|---|---|---|---|
Type | ||||
Zoning Application | Published Notice | Mailed Courtesy Notice | Mailed Required Notice | Posted Notice |
Zoning text amendment | • | |||
Zoning Map amendment | • | • | • | • |
Special use | • | • | • | |
Hardship variance | • | • | • | |
Design review | ||||
Planned unit development | • | • | • | |
Administrative exception | • | |||
Zoning appeals | • | |||
B.
Published notice. When published notice is required, the Zoning Administrator will publish notice in a newspaper of general circulation within the City. The notice must include the date, time, and location of the hearing/decision, a description of the application, the name of the applicant, and the address or locational description if an address is not available of the subject property. Notice must be published as follows:
C.
Mailed courtesy notice.
1.
General notice requirements.
a.
The City may mail notice.
b.
The notice should include the date, time, and location of the hearing/decision, a description of the application, the name of the applicant, and the address or locational description if an address is not available of the subject property.
c.
Nothing in this section prevents the applicant from giving additional notice as he/she may deem appropriate.
2.
Mailed notice. The City may follow the following standards when mailing courtesy notices per Table 17.14-1. Courtesy notice is not required. If notice does not meet these standards or is not mailed, it does not invalidate, impair, or otherwise affect the public hearing or any subsequent approval following the public hearing.
3.
Mailed required notice. Per Table 17.14-1, administrative exceptions require mailed notice.
D.
Posted notice. The City may follow the following standards when posting notices per Table 17.14-1. Posted notice is not required. If notice does not meet these standards or is not posted, it does not invalidate, impair, or otherwise affect the public hearing or any subsequent approval following the public hearing.
1.
The City may post notice on the subject property.
2.
The sign may be posted at a prominent location on the property, near the sidewalk or public right-of-way, so that it is visible to pedestrians and motorists. Properties with more than one street frontage may be required to post one sign visible on each street frontage.
3.
The posting period may be no less than seven days and no more than 20 days in advance of the scheduled hearing date.
4.
The applicant is responsible for removal of a sign within 10 days of the issuance of a decision.
E.
Council notice policy. The City Council, by resolution, has adopted a public notice policy for zoning applications in order to increase transparency beyond what is legally required and to foster public participation and input. It may be amended from time to time as modes of communication evolve and knowledge of the effectiveness of our communications grows. Future amendments of this policy resolution that add modes of communication, add to types of information contained in the notice, increase the geographic scope of the notice, or increase the lead time of the notice may be passed by a simple majority vote; but future amendments that remove, lessen or otherwise diminish these attributes require eight affirmative votes of the City Council membership to pass.
17.14.030 Public hearing.
A.
Pre-Hearing Examination. Once required notice is given, any person may examine the application and material submitted in support of or in opposition to the application during normal business hours, subject to the exceptions set forth in the Freedom of Information Act. Upon reasonable request, any person is entitled to copies of the application and related documents. A fee may be charged for such copies.
B.
Conduct of the Public Hearing. The public hearing must be conducted in accordance with all applicable requirements of Iowa law and the rules and regulations of the body conducting the hearing.
C.
Continuances. The body conducting the hearing may continue a public hearing. No new notice is required to reopen the public hearing if the hearing is continued to a date specific, provided that a public announcement of the future date, time, and place of the continued hearing is made at the current hearing and recorded in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notice must be given that would have been required for the initial public hearing.
17.14.040 Zoning text and map amendment.
A.
Purpose. The regulations imposed and the districts created by this ordinance may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party. Zoning map amendments are also called "rezonings."
B.
Initiation.
1.
The City or a property owner in the City, or person expressly authorized in writing by the property owner, may propose a zoning text or map amendment.
2.
A map amendment may be proposed by multiple interested property owners. Such application must be signed by the owners of 50% of the area of all the real estate included within the boundaries of the tract of real estate described in the application.
C.
Authority. The City Council, after receiving a recommendation from the Plan and Zoning Commission, will take formal action on requests for zoning text or map amendments.
D.
Procedure. All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Plan and Zoning Commission. Amendments initiated by the City Council, a commission, or an official also require an application but are exempt from fees.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
Neighborhood meeting. The City may require the applicant to conduct a neighborhood meeting prior to the Plan and Zoning Commission public hearing. A neighborhood meeting is not required. If the neighborhood meeting does not meet these standards or does not occur, it does not invalidate, impair, or otherwise affect the public hearing or any subsequent approval following the public hearing.
a.
The purpose of the neighborhood meeting is to share the details of the application, answer questions, and receive feedback.
b.
The City may mail notification of the meeting to all property owners within the 200 feet of the subject property. The City may expand the notification of the neighborhood meeting if deemed warranted.
c.
The applicant must provide the City with a list of attendees following the neighborhood meeting.
2.
Action by the Plan and Zoning Commission.
a.
After receipt of a complete application, the Plan and Zoning Commission will consider the proposed zoning amendment at a public hearing. If, in the Plan and Zoning Commission’s judgment, the application does not contain sufficient information to enable proper review and consideration, the Plan and Zoning Commission may request additional information from the applicant and the public hearing may be continued.
b.
Within 30 days of the close of the public hearing, the Plan and Zoning Commission must forward its recommendation to the City Council, unless an extension is agreed to by the applicant. If no decision is made in 30 days, or within the agreed upon extension of time, the application is deemed to have a recommendation of approval and forwarded to the City Council.
c.
The Plan and Zoning Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Plan and Zoning Commission must recommend approval, approval with conditions, or denial of the application.
3.
Action by the City Council.
a.
The City Council must hold a public hearing on the application within 60 days of receipt of the Plan and Zoning Commission recommendation.
b.
Following the public hearing, the City Council must take action in the form of approval, approval with conditions, or denial on applications. The City Council may also refer the application back to the Plan and Zoning Commission for further consideration.
c.
If the recommendation of the Plan and Zoning Commission on a proposed amendment is denial or if a protest against a proposed map amendment is signed by 20% or more of the area of the lots included in such proposed change or by owners within 200 feet of the exterior boundaries of such proposed map amendment, it may only be approved by a favorable 3/4 vote of the City Council.
E.
Approval standards. The Plan and Zoning Commission recommendation and the City Council decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Plan and Zoning Commission and the City Council must consider the following standards. The approval of amendments is based on a balancing of these standards.
1.
Approval standards for map amendments.
a.
The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.
b.
The compatibility with the zoning of nearby property.
c.
The compatibility with established neighborhood character.
d.
The extent to which the proposed amendment promotes the public health, safety, and welfare of the City.
e.
The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for one or more of the uses permitted under the existing zoning classification.
f.
The extent to which the proposed amendment creates nonconformities.
2.
Approval standards for text amendments.
a.
The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.
b.
The extent to which the proposed amendment promotes the public health, safety, and welfare of the City.
c.
The consistency of the proposed amendment with the intent and general regulations of this ordinance.
d.
Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy or change in development trends or technology.
e.
The extent to which the proposed amendment creates nonconformities.
17.14.050 Special use.
A.
Purpose. This ordinance is based upon the division of the City into districts. Within each district the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be permitted in a particular district or districts without individual consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
B.
Initiation. A property owner in the City, or person expressly authorized in writing by the property owner, may file an application to use his/her land for one or more of the special uses authorized within the zoning district. A property owner may only propose a special use for property under his/her control.
C.
Authority. The Zoning Board of Adjustment will take formal action on special use applications.
D.
Procedure. An application for a special use must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Adjustment.
1.
Action by the Zoning Board of Adjustment
a.
After receipt of a complete application, the Zoning Board of Adjustment will consider the special use at a public hearing. If, in the Zoning Board of Adjustment's judgment, the application does not contain sufficient information to enable proper review and consideration, the Zoning Board of Adjustment may request additional information from the applicant and the public hearing may be continued.
b.
The Zoning Board of Adjustment will evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Adjustment must make a decision of approval, approval with conditions, or denial of the special use within 30 days of the close of the public hearing, unless an extension is agreed to by the applicant.
2.
Conditions on Special Uses. The Zoning Board of Adjustment may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public health, safety, and welfare.
E.
Approval Standards. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this ordinance. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The decision of the Zoning Board of Adjustment must make findings to support each of the following conclusions:
1.
The establishment, maintenance, and operation of the proposed special use will not endanger the public health, safety, or welfare.
2.
The proposed special use is compatible with the general land use of adjacent properties and other property within the immediate vicinity.
3.
The special use in the specific location proposed is consistent with the spirit and intent of this ordinance and adopted land use policies.
F.
Modifications to Approved Special Uses.
1.
Administrative Modifications. The Zoning Administrator may approve the following administrative modifications to an approved special use when it is determined by the Zoning Administrator that such changes are in substantial conformance with the approved special use. Any changes considered a major modification, as defined in this section, cannot be approved as an administrative modification. No notice is required for an administrative modification.
a.
A change of business name.
b.
Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, or structural safety.
c.
Modifications that do not increase the building footprint, gross floor area, or height.
d.
Changes in building design, including building materials that continue to meet the requirements of this ordinance and any conditions of the approval.
e.
Any additions or enlargements to a structure that are in conformance with this ordinance where the floor area devoted to a special use is increased by less than 10%.
f.
The modification of existing accessory structures or the addition of new accessory structures related to the special use when in conformance with the requirements of this ordinance. This does not include the addition or modification of any outdoor service components of the special use.
g.
The modification of existing signs or the addition of new signs related to the special use when in conformance with the requirements of this ordinance.
2.
Major Modifications. The Zoning Board of Adjustment may approve any other changes to an approved special use that do not qualify as an administrative modification. The Zoning Board of Adjustment will process the modification as a special use application to consider such major modifications.
G.
Expiration. A special use approval expires if any one of the following conditions occurs and no request for an extension of the special use approval is pending.
1.
When an approved special use is changed to another use.
2.
For special uses tied to new construction or additions or enlargements to an existing structure, the special use approval expires within 180 days of the date of approval if a building permit has not been issued, unless an extension has been approved by the Zoning Board of Adjustment. An applicant may apply in writing for an extension of time at any time prior to the date of expiration.
3.
For special uses within existing structures or on lots where no structure is planned, the special use approval expires within 180 days of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained.
17.14.060 Hardship variance.
A.
Purpose. The purpose of the hardship variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this ordinance that create practical difficulties or particular hardships.
B.
Initiation. A property owner in the City, or person expressly authorized in writing by the property owner, may file an application for a hardship variance. A property owner, or his/her designee, may only propose a hardship variance for property under his/her control.
C.
Authority.
1.
The Zoning Board of Adjustment will take formal action on hardship variance applications. However, the Zoning Administrator is authorized to grant certain administrative exceptions, as described in Section 17.14.070.
2.
Hardship variances to allow uses that are not allowed within a zoning district are prohibited.
D.
Procedure. All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Adjustment.
1.
After receipt of a complete application, the Zoning Board of Adjustment will consider the proposed hardship variance at a public hearing. If, in the Zoning Board of Adjustment's judgment, the application does not contain sufficient information to enable proper review and consideration, the Zoning Board of Adjustment may request additional information from the applicant and the public hearing may be continued.
2.
The Zoning Board of Adjustment must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section.
3.
The Zoning Board of Adjustment must approve, approve with conditions, or deny the hardship variance within 30 days of the close of the public hearing, unless an extension is agreed to by the applicant.
4.
The Zoning Board of Adjustment may impose conditions and restrictions upon the hardship variance as deemed necessary for the protection of the public health, safety, and welfare. The Zoning Board of Adjustment may grant a hardship variance that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the hardship variance application.
E.
Approval Standards. The Zoning Board of Adjustment decision must make findings to support each of the following:
1.
The strict application of the terms of this ordinance will result in hardship unless the specific relief requested is granted.
2.
The particular physical surroundings, shape, or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
3.
The plight of the owner is due to unique circumstances that do not apply to a majority of adjoining or nearby property, and is not a self-created hardship.
4.
The hardship variance, if granted, will not alter the essential character of the locality.
F.
Expiration. An approved hardship variance will expire one year from the date of approval unless a building permit is obtained or construction has begun prior to the end of the one-year period. The Zoning Board of Adjustment may grant an extension for a period of validity longer than one year as part of the original approval. An applicant may apply in writing for an extension of time at any time prior to the date of expiration.
17.14.070 Administrative exception.
A.
Purpose. The purpose of the administrative exception is to provide relief from carrying out a requirement of this ordinance that may cause a minor practical difficulty.
B.
Initiation. A property owner in the City, or person expressly authorized in writing by the property owner, may file an application for an administrative exception. A property owner, or his/her designee, may only propose an administrative exception for property under his/her control.
C.
Authority. The Zoning Administrator is authorized to grant certain administrative exception, as defined below. Only those items listed below are eligible for an administrative exception; all other requests for relief are considered hardship variances (Section 17.14.060).
1.
A modification to any dimensional standard in this ordinance of no more than 10%.
2.
Minor modifications to the design standards of this ordinance, but may not waive them in entirety.
3.
A reduction of required off-street parking spaces by no more than 10% of that required or two spaces, whichever is greater.
4.
A reduction in required bicycle parking of no more than 30%.
5.
Minor modifications to the required landscape or a reduction in required plant materials.
6.
A modification that allows additional materials for sign construction that are not listed as permitted.
D.
Procedure.
1.
All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will consider an application for an administrative exception. The Zoning Administer may decide that an application for an administrative exception, even if it meets the thresholds established in this section, is a hardship variance that must be decided by the Zoning Board of Adjustment. In such case, the Zoning Administrator will resubmit the application to the Zoning Board of Adjustment as a hardship variance. No additional fees are required.
2.
The Zoning Administrator must review and evaluate the complete administrative exception application, pursuant to the standards of this section.
3.
The Zoning Administrator must render a decision within 15 days of the date listed on the required notice as the date a decision can be rendered, and either approve, approve with conditions, or deny the application.
4.
If the Zoning Administrator fails to act within 15 days of the date listed on the required notice, the administrative exception will be resubmitted to the Zoning Board of Adjustment as a hardship variance, in accordance with the requirements of Section 17.14.060. No additional fees are required.
5.
If an objection is lodged against the administrative exception in writing, prior to the date indicated on the notice that the Zoning Administrator may render a decision, the application must be resubmitted as a hardship variance, in accordance with the requirements of Section 17.14.060. No additional fees are required.
6.
The Zoning Administrator may impose conditions and restrictions upon the administrative exception as may be deemed necessary for the protection of the public health, safety, and welfare. The Zoning Administrator may grant an administrative exception that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the application.
E.
Approval Standards. The decision of the Zoning Administrator must make findings to support the following conclusion:
1.
The administrative exception, if granted, will not alter the essential character of the locality.
[Ord. No. 2019-195 § 9]
F.
Expiration. An approved administrative exception will expire one year from the date of approval unless a building permit is obtained. The Zoning Administrator may grant an extension for a period of validity longer than one year. An applicant may apply in writing for an extension of time at any time prior to the date of expiration.
G.
Appeal. The decision of the Zoning Administrator may be appealed to the Zoning Board of Adjustment within 30 days of the date of the decision.
17.14.080 Planned unit development.
A.
Purpose. Planned unit developments (PUD) are a special approval intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations and should only be applied to further those applications that provide compensating amenities to the City. The underlying zoning district dimensional, design, and use regulations apply to a PUD unless specifically modified through the approval process. Through the flexibility of the planned unit development technique, a PUD is intended to:
1.
Encourage flexibility in the development of land and in the design of structures.
2.
Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this ordinance.
3.
Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning controls.
4.
Combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different uses in an innovative and functionally efficient manner.
5.
Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, circulation patterns, and utilities.
6.
Encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions.
7.
Facilitate the implementation of adopted City land use policies, particularly with respect to areas planned for potential redevelopment.
B.
Initiation. The entire property proposed for the planned unit development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners.
C.
Authorization. A planned unit development is authorized in all zoning districts.
D.
Exceptions From District Regulations.
1.
A planned unit development is subject to the underlying district regulations, including use, unless an exception is specifically granted. The Plan and Zone Commission may recommend and the City Council may grant exceptions to the zoning district regulations, including use, for a planned unit development.
2.
Exceptions from district regulations may be granted for planned unit developments, if the exceptions:
a.
Enhance the overall merit of the planned unit development.
b.
Promote the objectives of both the City and the development.
c.
Enhance the quality of the design of the structures and the site plan.
d.
Will not cause excessive adverse impact.
e.
Are compatible with adopted City land use policies.
f.
Provide a public benefit to the City, as described below.
3.
The underlying zoning district regulations, including use, apply unless an exception is granted as part of the planned unit development approval. In no case may an exception to district regulations be granted unless the applicant demonstrates a substantial benefit to the City. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following:
a.
Community amenities including plazas, malls, formal gardens, and pedestrian facilities.
b.
Preservation of existing environmental features.
c.
Preservation of historic features.
d.
Open space and recreational amenities such as recreational open space, including accessory buildings, jogging trails and fitness courses, and playgrounds, dog parks, skate parks, and similar recreational features.
e.
Reduction of impervious surface throughout the development below the threshold required by the district.
f.
Adaptive reuse of existing buildings.
g.
Provision of public car and/or bike share facilities.
h.
Affordable housing set-asides.
E.
Procedure. The following procedures, requirements, restrictions, and conditions are required. The approval of a planned unit development includes a pre-application consultation, preliminary plan approval, and final plan approval.
1.
Pre-Application Consultation.
a.
Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is required.
b.
At a pre-application consultation, the applicant must provide:
i.
A map (or maps) in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site.
ii.
A summary of the public benefits and amenities and any anticipated exceptions to this ordinance.
iii.
A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction.
c.
The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of the preliminary plan, so that the applicant may determine whether the proposed planned unit development is in compliance with this ordinance and other applicable regulations, and whether the proposed planned unit development aligns with the adopted land use policies of the City.
d.
The pre-application conference does not require formal application, fee, or filing of a planned unit development application. Any opinions or advice provided by the Zoning Administrator are in no way binding with respect to any official action that may be taken on the subsequent formal application. No decision will be made on the application.
2.
Preliminary Plan. An application for a preliminary plan for a planned unit development must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Plan and Zoning Commission.
a.
Action by the Plan and Zoning Commission.
i.
After receipt of a complete application, the Plan and Zoning Commission will consider the preliminary plan at a public hearing.
ii.
Within 30 days of the close of the public hearing, the Plan and Zoning Commission must forward its recommendation to the City Council, unless an extension is agreed to by the applicant.
iii.
The Plan and Zoning Commission must evaluate the preliminary plan based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Plan and Zoning Commission must recommend approval, approval with conditions, or denial of the preliminary plan.
b.
Action by City Council. The City Council will review the preliminary plan upon receipt of the Plan and Zoning Commission recommendation, and must approve, approve with conditions, or deny the preliminary plan.
c.
Conditions. The Plan and Zoning Commission may recommend and the City Council may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned unit development as may be deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in the final plan.
d.
Approval Standards. The recommendation of the Plan and Zoning Commission and decision of the City Council must make a finding that the following standards for a planned unit development have generally been met.
i.
The proposed planned unit development meets the purpose of a planned unit development.
ii.
The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property.
iii.
There is provision for adequate utilities and infrastructure, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities.
iv.
There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets. A traffic study may be required to provide evidence that the circulation system is adequate.
v.
The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses.
e.
Expiration.
i.
The preliminary plan approval expires if a complete application for approval of a final plan has not been filed within one year after the date the City Council grants preliminary plan approval. As part of the approval of the preliminary plan, the City Council may extend this period of time including approval of a phasing plan where the validity period is longer than one year for the planned unit development.
ii.
An extension of this one-year period may also be granted by the City Council if the applicant requests an extension in writing prior to the expiration date of the approval. A public hearing for an extension of time of a preliminary plan is not required.
3.
Final Plan. Following the approval of the preliminary plan, an application for a final plan for a planned unit development must be filed with the Zoning Administrator.
a.
Action by Zoning Administrator. The Zoning Administrator will review the final plan upon receipt of the complete final plan application and take the following action:
i.
If the final plan is in substantial compliance with the approved preliminary plan, the Zoning Administrator will recommend approval of the final plan to the Plan and Zoning Commission. The Zoning Administrator will certify to the Plan and Zoning Commission that the final plan is in substantial conformance with the previously filed preliminary plan.
ii.
If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator must inform the applicant as to specific areas found not to be in compliance, and the applicant must resubmit the final plan to the Zoning Administrator with changes to those areas found not to be in substantial compliance and the validity of the preliminary plan remains in effect. If the revised final plan remains noncompliant with the preliminary plan, the applicant may request that the Zoning Administrator render a decision to be forwarded to the Plan and Zoning Commission. In such case, the Zoning Administrator will recommend to the Plan and Zoning Commission that the final plan be denied and the plan and recommendation will be forwarded to the Plan and Zoning Commission.
b.
Action by Plan and Zoning Commission. Upon receipt of the Zoning Administrator recommendation, the Plan and Zoning Commission must review the final plan. The Plan and Zoning Commission must approve or deny the final plan. If denied, the applicant may reapply by submitting a new final plan and the validity of the preliminary plan remains in effect. Alternatively, the applicant may submit the final plan as a new preliminary plan at the preliminary plan stage.
c.
Effect of Approval. After final plan approval, the final plan will constitute the development regulations applicable to the subject property. The planned unit development must be developed in accordance with the final plan, rather than the zoning district regulations otherwise applicable to the property. Violation of any condition is a violation of this ordinance and constitutes grounds for revocation of all approvals granted for the planned unit development.
d.
Expiration.
i.
The final plan approval expires if a building permit has not been issued within two years after the date of final plan approval. As part of the Plan and Zoning Commission approval of the final plan, the Plan and Zoning Commission may extend this period of time including approval of a phasing plan where the validity period is longer than two years for the PUD.
ii.
An extension of this two year validity period may be granted by the City Council prior to the expiration date of the approval if the applicant requests an extension in writing prior to the expiration date of the approval.
F.
Modifications to Approved Final Plans. No adjustments may be made to the approved final plan, except upon application to the City in accordance with the following.
1.
Administrative Modifications. The Zoning Administrator may approve the following administrative modifications to an approved final plan when it is determined by the Zoning Administrator that such changes are in substantial conformance with the approved final plan. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. The Zoning Administrator, at his/her sole discretion, may choose to classify a modification that meets the criteria of this section as a minor modification to be approved by the Plan and Zoning Commission. No notice is required for an administrative modification.
a.
Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation, to be confirmed by the City Engineer.
b.
Changes in building location of no more than 10 feet that continue to meet the requirements of this ordinance and any conditions of the final plan approval.
c.
Changes in the location of walkways, vehicle circulation ways, and parking areas of up to 10 feet that continue to meet the requirements of this ordinance and any conditions of the final plan approval.
d.
Changes to a structure that do not increase the building footprint, gross floor area, or height.
e.
Changes in building design, including building materials, that continue to meet the requirements of this ordinance and any conditions of the final plan approval.
f.
Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this ordinance.
g.
Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform with all landscape requirements of this ordinance.
h.
Modification of existing signs or the addition of new signs when in conformance with sign regulations.
2.
Minor Modifications. The Plan and Zoning Commission may approve the following minor modifications to an approved final plan when it is determined by the Plan and Zoning Commission that such changes are in general conformance with the approved final plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. The Plan and Zoning Commission, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the City Council. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number.
a.
An increase or decrease in building height of up to 10%.
b.
An increase or decrease in building coverage up to 10%.
c.
A change of in the location of walkways, vehicle circulation ways, and parking areas over 10 and up to 20 feet.
d.
An increase or decrease in the number of parking spaces of up to 20 parking spaces.
e.
A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this ordinance.
f.
Altering any final grade by no more than 20% of the originally planned grade.
3.
Major Modifications.
a.
The City Council may approve any other changes to an approved final plan that do not qualify as an administrative or minor modification. In addition, any of the following are considered major modifications:
i.
Any request for an extension of time of the approved final plan.
ii.
Changes to any conditions imposed as part of the approved final plan.
iii.
Reductions or alterations in the approved public benefit and amenities to be provided.
iv.
Any development action that does not comply with zoning district regulations.
b.
All major modifications to the final plan must be approved by the City Council in a public hearing. The City Council may only approve changes to the final plan if they find such changes are in general conformance with the approved final plan, necessary for the continued successful functioning of the planned unit development, respond to changes in conditions that have occurred since the final plan was approved, and/or respond to changes in adopted City land use policies.
c.
Upon review of the proposed major modifications, the City Council may determine that the proposed modifications constitute a new planned unit development and the final plan must be resubmitted as a preliminary plan and follow the procedures of approval in this Section. The applicant may submit the final plan as a new preliminary plan at the preliminary plan stage.
17.14.090 Site plan review.
A.
Purpose. The site plan review process is intended to promote orderly development and redevelopment in the City, and to assure that such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with City's adopted land use policies, and promotes the public health, safety, and welfare of the City. This section provides standards by which to determine and control the physical layout and design to achieve compatibility of uses and structures, efficient use of land, minimization of traffic and safety hazards, and incorporation of stormwater management and sustainable design techniques.
B.
Authority. The Zoning Administrator reviews and issues final approval of site plans. The Zoning Administrator may convene a technical review committee, comprised of City staff, as he/she deems appropriate.
C.
Required site plan review.
1.
Site plan review and approval is required for the following developments. Site plan review and approval is not required for planned unit developments.
a.
New townhouse, multi-family, nonresidential, and mixed-use development, including construction of additional principal buildings on a developed site.
b.
Additions to townhouse, multi-family, nonresidential, and mixed-use development that increase the gross floor area by 3,000 square feet or more.
c.
Parking lots of 15 or more spaces.
d.
Drive-through facilities.
D.
Procedure.
[Amended 6-10-2020 by Ord. No. 2020-233]
1.
Applications for site plan review must be submitted to the Zoning Administrator. The Zoning Administrator may convene a technical review group comprised of City staff to review the application.
2.
The Zoning Administrator must begin the review of the site plan within 30 days of the date the application is deemed complete. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the site plan.
3.
Site plan approvals are applicable as follows:
a.
When no other approvals are required, the site plan approval must occur before a building permit is issued. If the Zoning Administrator approves the site plan subject to certain conditions, all plans and drawings to be submitted as part of the application for a building permit or zoning approval must be revised to include those conditions.
b.
When a special use approval is required, and site plan approval is required, the site plan must be deemed reasonably complete by the Zoning Administrator prior to the hearing on the special use request. The reasonably complete site plan would be forwarded with the application and the staff recommendation on the request. The approving body would be allowed to impose additional conditions on the site plan.
c.
When a variance or administrative exception is required, the variance or administrative exception must be approved prior to final approval of the site plan. Once the variance or administrative exception is approved, the site plan may be submitted for review and approval. If the approving body imposed additional conditions as part of the variance or administrative exception approval, the site plan must include such conditions. If the Zoning Administrator approves the site plan subject to certain conditions, the site plan forwarded with the approval application must be revised to include those conditions and any conditions of the variance or administrative exception.
E.
Approval standards. The following will be evaluated in the review of site plans:
1.
Conformity with the regulations of this ordinance and other applicable regulations of the Municipal Code, and the Comprehensive Plan and adopted land use policies.
2.
The location, arrangement, size, design, and general site compatibility of all structures, lighting, and signs to ensure:
a.
Efficient use of land that responds to the existing off-site utilities and service conditions in order to minimize the demand for additional municipal services, utilities, and infrastructure.
b.
Compatibility with and mitigation of any potential impact upon adjacent property.
c.
Lighting designed and installed to minimize adverse impact on adjacent properties.
d.
Signs in conformance with the ordinance.
3.
Landscape and the arrangement of open space or natural features on the site should:
a.
Create a desirable and functional open space environment for all site users.
b.
Preserve unique natural resources, including measures to preserve and protect existing healthy plantings.
c.
Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.
d.
Utilize native and naturalized plant materials suitable to withstand the climatic conditions of the City and microclimate of the site.
e.
Use of screening to minimize the impact of the development on adjacent uses and mitigate impacts between incompatible uses, creating a logical transition to adjoining lots and developments.
4.
Circulation systems and off-street parking designed to:
a.
Provide adequate and safe access to the site for motor vehicles as well as other modes of transportation, including pedestrians and bicyclists.
b.
Minimize potentially dangerous traffic movements.
c.
Minimize curb cuts, including the use of cross-access easements and shared parking.
d.
Clearly define a network of pedestrian connections in and between parking lots, street sidewalks, open spaces, and structures that is safe, visible, and identifiable.
F.
Minor adjustments to certain design standards. The Zoning Administrator is authorized to grant minor adjustments to off-street parking and loading and landscape design standards when carrying out the requirement may cause a minor practical difficulty. Such adjustment may be granted when it will not adversely affect the purposes and intent of this chapter or simply grant a convenience to the applicant.
[Added 9-11-2019 by Ord. No. 2019-363]
G.
Modifications to approved site plans.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
An application for a modification to an approved site plan must be submitted to the Zoning Administrator. Modification applications must include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.
2.
The Zoning Administrator may approve the following minor modifications to approved site plans. Only those elements of the site plan being modified need to be submitted for review.
a.
Minor changes required during construction as related to final engineering issues, such as topography, drainage, underground utilities, structural safety, or vehicular circulation.
b.
Exterior renovations to a building facade when in conformance with the requirements of this ordinance.
c.
The modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this ordinance.
d.
The construction of additional bicycle or parking spaces.
e.
The addition of any open space.
f.
A reduction in the amount of bicycle or parking spaces so long as the remaining number of spaces is in conformance with the requirements of this ordinance.
g.
Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and remain in conformance with all landscape requirements.
h.
The modification of existing signs or the addition of new signs when in conformance with the requirements of the ordinance.
3.
Any modification not considered a minor modification requires resubmittal of a full site plan.
H.
Expiration. The site plan approval expires if a building permit has not been issued or construction has not begun within one year alter the date of site plan approval. An extension of this one-year validity period may be granted by the Zoning Administrator prior to the expiration date of the approval, if the applicant requests an extension, in writing, prior to the expiration date of the approval.
[Amended 9-11-2019 by Ord. No. 2019-363]
17.14.100 Design review.
[6-10-2020 by Ord. No. 2020-233; 9-11-2019 by Ord. No. 2019-363]
A.
Purpose. The purpose of design review is to ensure that the buildings, improvements, signs, landscape design, and siting complies with the adopted performance standards and design guidelines, including City of Davenport's adopted Downtown Design Guidelines, Downtown Davenport Streetscape Improvement Plan, Village of East Davenport Performance Standards, and Elmore Corners Plan.
B.
Initiation. Any person with an interest in the property may file an application for design approval.
C.
Authority. The Design Review Board issues final design approval. Design review approval is required prior to site plan review approval. If a site plan is not required, design review approval is required prior to issuance of a building permit.
D.
Required Design Review Board Approval. Design Review Board approval is required in the C-D, C-V, and C-E Districts for the following:
1.
New construction or an alteration to the exterior of a structure where changes are visible from the public right-of-way.
2.
Installation of any sign or action related to a sign.
3.
New parking lots, fencing/walls and landscaping or an alteration to existing parking lots, fencing/walls or landscaping.
4.
Streetscape elements within the right-of-way, only when there is a substantial deviation from the standards contained in the Downtown Davenport Streetscape Improvement Plan.
5.
Demolition within the C-D and C-V Districts requires the owner(s) of record or the City to apply for a demolition approval. Alternately, the City Fire Marshal and/or the Chief Building Official may order the partial or complete demolition of a structure because it possesses an immediate, definite and serious threat to the life, health and safety of the general public. In such cases, the Design Review Board review is limited to reviewing the design, construction, and/or condition of any shared party wall made visible by the demolition.
E.
Procedure. All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Design Review Board.
1.
Action by the Design Review Board
a.
After receipt of a complete application, the Design Review Board will consider the application at a public meeting. If, in the Design Review Board’s judgment, the application does not contain sufficient information to enable proper review and consideration or achieve consistency with Downtown Design Guidelines, Downtown Davenport Streetscape Improvement Plan, Village of East Davenport Performance Standards, and Elmore Corners Plan, as applicable, the Design Review Board may request additional information from the applicant or an alteration and the public meeting may be continued. The Design Review Board may continue any application a maximum of three regularly schedule consecutive meetings unless the applicant requests additional continuances.
b.
The applicant may appeal the Design Review Board’s determination to the City Council. A written appeal must be submitted to the Zoning Administrator within thirty calendar days of the Design Review Board’s decision.
F.
Approval Standards for Design Review. Applications will be reviewed for consistency with the adopted Downtown Design Guidelines, Downtown Davenport Streetscape Improvement Plan, Village of East Davenport Performance Standards, and Elmore Corners Plan, as applicable.
G.
Expiration. An approved design review will expire one year from the date of approval unless a building permit is obtained within such period. The Zoning Administrator may grant an extension for a period of validity longer than one year. An applicant may apply in writing for an extension of time at any time prior to the date of expiration.
17.14.110 Sign permit.
A.
Purpose. No sign, unless specifically identified as exempt by this ordinance, may be erected, constructed, altered, or relocated without first obtaining approval of a sign permit in accordance with the following. A sign permit is intended to ensure that all signs are installed in compliance with this ordinance.
B.
Authority. Davenport Public Works issues sign permits.
C.
Application. A complete application for a sign permit is required and accompanied by all required submittals, unless waived by Davenport Public Works. When a sign permit applicant proposes to install a sign on property not owned by the applicant, written permission from the property owner or his/her authorized agent must be submitted as part of the sign permit application.
D.
Process. Upon the filing of a complete application for a sign permit, Davenport Public Works will examine the plans and specifications for the proposed sign and will issue a sign permit if the plans comply with the requirements of this ordinance and other applicable City codes and ordinances.
E.
Fees. All fees must be paid to receive a permit. No permit will be issued without full payment of required fees.
F.
Expiration. If the work authorized under a sign permit is not completed within 180 days of issuance of the permit, unless Davenport Public Works has allowed a longer time period of validity at the issuance of the sign permit, the sign permit expires and becomes null and void.
17.14.120 Zoning interpretation.
A.
Purpose. The interpretation authority is intended to recognize that the provisions of this ordinance, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. However, this zoning interpretation authority is not intended to add or change the essential content of the ordinance.
B.
Initiation. The City Council, the Plan and Zoning Commission, Zoning Board of Adjustment, or a property owner in the City, or person expressly authorized in writing by the property owner, may request a zoning interpretation. All interpretation requests must be for the purpose of furthering some actual development.
C.
Authority. The Zoning Administrator will review and make final decisions on written requests for zoning interpretations.
D.
Procedure. All applications for interpretations must be filed with the Zoning Administrator. The Zoning Administrator must review a written request for an interpretation and render the interpretation in writing within a reasonable time. The Zoning Administrator may request additional information prior to rendering an interpretation.
17.14.130 Zoning appeals.
A.
Purpose. The zoning appeals process is intended to provide appropriate checks and balances on the administrative authority of the Zoning Administrator
B.
Initiation. A property owner in the City, or person expressly authorized in writing by the property owner, that is directly affected by a determination of the Zoning Administrator may file an appeal of the Zoning Administrator's decision on an administrative exception, zoning interpretation, temporary use permit, or other administrative decision related to this Zoning Ordinance.
C.
Authority. The Zoning Board of Adjustment will take formal action on zoning appeal applications.
D.
Procedure. All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Adjustment.
1.
After receipt of a complete application, the Zoning Board of Adjustment will consider the proposed zoning appeal at a public hearing. If, in the Zoning Board of Adjustment's judgment, the application does not contain sufficient information to properly review and consider the application, the Zoning Board of Adjustment may request additional information from the applicant and the public hearing may be continued.
2.
Within 30 days of the close of the public hearing, the Zoning Board of Adjustment must either confirm or overturn the Zoning Administrator's decision.
E.
Limitations on Zoning Appeals. A decision of the Zoning Administrator may only be appealed if an application is filed within 30 days of the date of notice of the Zoning Administrator's decision.
17.14.140 Health services and congregate living permit.
A.
Purpose. Certain uses related to health services and congregate living require a health services and congregate living permit to ensure that such facilities have address issues of public safety for both the populations served and those in the surrounding area. A health services and congregate living permit is only required when the use identified in Table 17.08-1 requires such a permit.
B.
Initiation. A property owner in the City, or person expressly authorized in writing by the property owner, may initiate a health services and congregate living permit application.
C.
Authority. The Zoning Administrator will review and make final decisions on health services and congregate living permit applications.
D.
Procedure.
1.
All applications for health services and congregate living permit must be filed with the Zoning Administrator. The Zoning Administrator must render a decision on the health services and congregate living permit within 30 days of the date the application is deemed complete. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.
2.
If the use is also a special use, per Table 17.08-1, approval of a health services and congregate living permit does not constitute a special use approval. The Zoning Administrator will forward the health services and congregate living permit's approval or denial to the Zoning Board of Adjustment for final decision.
E.
Submittal Requirements. Application for a health services and congregate living permit requires the following:
1.
Description of principal and accessory uses on-site.
2.
Description of the target clientele population to be served.
3.
The size of the facility (maximum number of beds or persons permitted to be served by the facility).
4.
Name and phone number of person acting as twenty-four-hour contact.
5.
Designation of a manager who will serve as a point of contact for the public and the City.
6.
A management plan detailing operation of the use, number and professional qualifications of staff, management of volunteers, and policy for client conduct and violent clients.
7.
A neighborhood communication policy. This is not required for a domestic violence shelter or a children's home.
8.
A security plan to ensure safety for staff and clients.
9.
Evidence that all required governmental licenses to operate lawfully have been obtained.
10.
Evidence that the licensee has a clean criminal background check, to be verified annually by the Davenport Police Department. Licensee must pay the cost of providing the criminal background check.
11.
The manager contact information must be printed legibly and posted in such a way as to be conspicuous and readable from the exterior of each building to a person at the front entrance of a building. The posting must contain the address of the property, the name of the manager of the property, and the phone number of the manager. This is not required for a domestic violence shelter.