Chapter 17.04
PREAMBLE
Sections:
17.04.040 Maintenance of minimum requirements.
17.04.050 Authorization of similar uses.
17.04.090 Use of the word “city.”
17.04.110 Interpretation and application.
17.04.120 Validity and saving clause.
17.04.010 Purpose.
The purpose of this title includes the following:
(1) To promote orderly city growth;
(2) To conserve the value of property;
(3) To encourage the most appropriate use of land;
(4) To establish standards for population density;
(5) To protect adequate open space and recreation areas;
(6) To facilitate fire and police protection;
(7) To plan for adequate traffic flow;
(8) To provide guidelines for the protection of the public health, safety, convenience and general welfare. (Ord. 669, 1990).
17.04.020 Short title.
The ordinance codified in this title shall be known as the “zoning ordinance” of the city. (Ord. 669, 1990).
17.04.030 Compliance.
A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied, or used only as this title permits. (Ord. 669, 1990).
17.04.040 Maintenance of minimum requirements.
No lot, area, yard, or off-street parking area existing on or after December 1, 1975, shall be reduced below the minimum requirements of this title. (Ord. 669, 1990).
17.04.050 Authorization of similar uses.
The planning commission may rule that a use not specifically permitted in a zone shall be permitted if it is similar to permitted uses and if its effect on adjacent properties is substantially the same as the permitted uses. (Ord. 669, 1990).
17.04.060 Interpretation.
If the conditions imposed by this title are less restrictive than any other ordinance of the city, the provision which is more restrictive shall apply. (Ord. 669, 1990).
17.04.070 Scope of terms.
The word “may” as used is permissive as indicating a use of discretion in making a decision; the word “shall” as used is mandatory. (Ord. 669, 1990).
17.04.080 Review of title.
It shall be the responsibility of the planning commission to review and update this title every five years; however, changes and/or additions shall be made whenever it is deemed necessary. Recommendations for changes/additions shall be made per Chapter 17.88 DMC. (Ord. 669, 1990).
17.04.090 Use of the word “city.”
The word “city” refers to the city of Davenport. (Ord. 669, 1990).
17.04.100 Fees.
Fees shall be established by action of the city council and shall be posted at the city clerk-treasurer’s office. A fee for action under this title shall be paid by the applicant at the time of application. Applicant shall also be responsible for payment of all direct costs of hearing notifications incurred by the city as a result of his/her application. (Ord. 669, 1990).
17.04.110 Interpretation and application.
In their interpretations and application, the provisions of this title shall be held to be minimum requirements adopted for the public health, safety or general welfare. Whenever the requirements of this title differ with requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the highest standards shall govern. (Ord. 669, 1990).
17.04.120 Validity and saving clause.
If any section, subsection or paragraph of this title is for any reason held to be unconstitutional or invalid, such portion shall not affect the validity of the remaining portion or portions of the title. (Ord. 669, 1990).