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Muscatine City Zoning Code

CHAPTER 10

16 S-1 SPECIAL DEVELOPMENT DISTRICT

10-16-1 Intent And Purpose

It is the purpose of this District to provide an opportunity for modern and imaginative architectural design, site arrangement, and city planning for certain special and unusual areas. These areas are not extensive; they will be generally described and outlined on the Official Zoning District Map. Within them, there should be a carefully planned combination of residential, commercial, public, and semi-public uses, or of some of these uses.

10-16-2 Application For Special Development District

The owner or owners of land included in areas suitable for establishment of a Special Development District, as shown on the Official Zoning District Map of the City, may petition the Council for the establishment of the Special Development District. The application for the establishment of this District shall indicate:

  1. The area to be encompassed in said District.
  2. Citation of the City's Comprehensive Plan's recommendations or comments on the area encompassed in said District and whether the proposal varies from or conforms to the City's Comprehensive Plan.
  3. Evidence of unified ownership and control of the area applied for.
  4. Evidence of financial capability of the petitioners to carry out the general type of development contemplated for the area.
  5. Evidence of applicant's proposed general use of the area.
  6. In establishing a Special Development District, the Planning & Zoning Commission and the Council shall give consideration among their factors to the criteria listed in Section 10-16-5 hereof.

Establishment of said Special Development District shall be by amendment of this Ordinance in accordance with the procedures established herein.

10-16-3 Permissive Uses

  1. Single-family dwelling, two family dwelling, or multi-family dwelling.
  2. Public park or playground.
  3. Place of worship.
  4. Public or private school.
  5. Rooming house or boarding house.
  6. Office building or medical clinic.
  7. Nursing, rest, or convalescent home.
  8. Public building erected by any governmental agency.
  9. Automobile parking lot or storage or parking garage.
  10. Bank or financial institution.
  11. Mortuary.
  12. Personal service uses, including barber shop, beauty parlor, photographic or art studio, messenger, taxicab, newspaper or telegraphic branch station, laundry or dry cleaning receiving station, and other uses of a similar character.
  13. Retail store, in connection with which there shall be no slaughtering of animals or poultry, nor commercial fish cleaning and processing on the premises.
  14. Theater, not including drive-in theaters.
  15. Restaurants, cafeterias, bars, and taverns, not including drive-in establishments.
  16. Automobile service station.
  17. Bowling alley or billiard parlor.
  18. Dancing or music academy.
  19. Display and salesroom.
  20. Hotel or motel.
  21. Laboratory, research, experimental, or testing.
  22. Milk distributing station.
  23. Radio or television broadcasting station or studio.
  24. Rental agency.
  25. Dyeing, cleaning, laundry, printing, painting, plumbing, tin smithing, tire sales and service, upholstering and other general service or repair establishment of similar character. Not more than ten percent of the lot or tract occupied by such establishment shall be used for the open and unenclosed storage of materials or equipment.
  26. Bakery.
  27. Bottling works.
  28. Wholesale establishment or warehouse in a completely enclosed building.
  29. Bus terminal.

10-16-4 Height And Density Regulations

Height and density limits in the S-1 District are established by setbacks and floor area ratios as follows:

  1. For residential, industrial, hotel, motel, and multi-family dwelling uses, there shall be a maximum floor area ratio of 4:1.
  2. For commercial uses in the S-1 District, there shall be a maximum floor area ratio of 4:1.

10-16-5 Approval Of Plans

Before land is used or a building is erected or used in the Special Development District, a preliminary and a final plan shall be approved by the Planning & Zoning Commission and the Council for all contiguous property within this District in any one location. The Commission shall have ninety (90) days to consider and approve or reject a preliminary plan with or without modifications, although this period may be extended by agreement of the parties concerned.

The final plan shall be approved or rejected by the Commission within ninety (90) days of submittal. Final plans will be approved when in accordance with the approved preliminary plans. In approving plans, the Commission and the Council shall consider the following factors.

  1. Those affecting the community as a whole:
    1. Uses or use.
    2. Intensity of use.
    3. Traffic.
  2. Those affecting the neighborhood:
    1. Heights.
    2. Front, side, and rear yard definitions and uses where they occur at the development periphery.
  3. Those affecting the development itself:
    1. Gross commercial building areas.
    2. Area ratios and the designation of the land surfaces to which they apply.
    3. Spaces between buildings. Open areas, if any.
    4. Width of streets in the development, if any.
    5. Setbacks from such streets, if any.
    6. Off-street parking and loading standards.
  4. Those affecting the development procedures:
    1. The order in which development will likely proceed in complex multiple use developments.
    2. Estimates of time required to complete the development and its various stages, if any.
    3. List of streets, lighting, parking, or other improvements by the City, which in any way affect the development.

From time to time during construction, the developer may make minor technical changes in an approved final plan, so long as such changes have been approved by the Planning & Zoning Commission or upon denial of approval by the Planning & Zoning Commission, with the approval of the Council. Any other changes to the approved final plan shall be accomplished by the submission of preliminary plans and final plans of such changes, which shall be approved under the procedures, as set forth herein, for the approval of the original preliminary plans and the approval of the original final plans. No building permit or certificate of occupancy shall be issued for any building or use that is not in accordance with an approved final plan.

10-16-6 Plan Requirements

The preliminary plan shall:

  1. Be drawn to scale.
  2. Show boundaries of property to be developed.
  3. Show existing topography with contour intervals of not less than two feet obtained from a field survey and referred to an approved City bench mark.
  4. Show the proposed size, location, use, and arrangement of the buildings and the proposed arrangement of stalls and the number of cars, entrance and exit driveways, and their relationship to existing and proposed street parking areas.
  5. Show drainage plan with sufficient control grades to indicate the intent of the developer.
  6. Indicate location, type, and size of structures on adjacent properties within 200 feet of the boundary of the Special Development District.
  7. Provide for the dedication of any rights-of-way for the widening, extension, or connection of major streets as shown in the adopted Comprehensive Plan or adopted Capital Improvement Plan.
  8. Indicate the stages, if any, which will be followed in carrying out the construction of the project and interim use and maintenance of areas not under construction at any given time.
  9. Contain a traffic analysis prepared by a registered professional engineer who is skilled in the science of traffic engineering, indicating the estimated traffic to be generated by the complete development of the project with said estimates shown for the average week, 24-hour period, and for the peak morning and evening traffic hours. The impact of this new traffic on existing traffic in the vicinity of the project shall be appraised and a list submitted of new street construction and new traffic control measures required to accommodate the estimated traffic increases.

The final plan shall be the standard plot plan required to obtain a building permit, except that it shall show the use or types of uses to be accommodated in each building or portion thereof.

10-16-7 Construction Schedule And Assurance Of Completion

  1. With the final plan, the proponents shall submit a construction schedule.
  2. Construction shall begin within one year after approval of the final plan and shall be completed within years after approval of the final plan, except that the Council may extend and/or change such periods upon a showing of good and sufficient cause.
  3. With the final plan, the applicant shall file a surety bond or escrow agreement to insure the construction of the project within the period specified. No such bond or escrow shall be acceptable, unless it is enforceable by or payable to the City in a sum at least equal to the estimated costs of all of the site improvements (streets, drives, walks, walls, storm and sanitary sewers, landscape planting, ornamental features not on a building, and terraces) for the entire project.
  4. Said bond or escrow shall be in a form and with surety and conditions approved by the City Attorney.
  5. In the event of default under such bond or escrow, the City shall use the sum defaulted to construct said site improvements.