A. Intent: This district is intended to establish a physically attractive pattern of development in the city and to protect these areas from the negative effects of incompatible development while preserving and expanding the tax base of the city.
B. Applicability: The regulations set forth in this chapter, or set forth elsewhere in this title when referred to in this chapter, are the regulations in the DMP. This district shall be described as follows:
1. Commencing at the intersection of Grant Street, State Street, and Sixth Street of the City of Bettendorf, Scott County, Iowa, which is the point of beginning for the tract herein described; thence southerly to the Mississippi River, thence easterly along the meanders of the Mississippi River to the west line of Section 34-78-4; thence northerly along the west line of Sections 34-78-4 and 27-78-4 to the northern R.O.W. line of the Iowa, Chicago, and Eastern Railroad; thence westerly along the northern R.O.W. line of the Iowa, Chicago, and Eastern Railroad to the intersection of 26th Street; thence northerly to the intersection of 26th Street and State Street; thence westerly to the intersection of State Street and Grant Street; thence westerly along Grant Street to the intersection of Grant Street and 19th Street; thence northerly to the intersection of 19th Street and Brown Street; thence westerly to the intersection of Brown Street and 14th Street; thence northerly to the intersection of 14th Street and Mississippi Boulevard; thence westerly to the intersection of Mississippi Boulevard and 13th Street; thence southerly to the intersection of 13th Street and Brown Street; thence westerly to the intersection of Brown Street and 12th Street; thence southerly to the intersection of 12th Street and Grant Street; thence westerly to the intersection of Grant Street, State Street, and Sixth Street, the Point of Beginning.
2. Prior to the issuance of a building permit for the construction of a building, structure, or sign for any property within the DMP, the plans shall be reviewed and approved by a design review committee whose membership shall consist of the city planning and zoning commission (hereinafter referred to as the commission) established as herein provided, to ensure that the building, structure, or sign complies with the performance standards and guidelines established herein.
a. Exceptions:
(1) Single-family and two-family dwellings and accessory structures thereto are not subject to review.
(2) The review of public utility structures (except for public utility buildings which are subject to architectural review) shall be limited to requirements for berming and landscaping. Requirements may be extensive and shall include a mix of plant materials having year-round effectiveness.
(3) Political signs, as enumerated in Chapter 14 of this title.
(4) Temporary signs, which are in compliance with the regulations enumerated in Chapter 14 of this title.
b. Authority:
(1) As part of the review of a final site plan, the commission shall review the materials referenced in Subsection C.1. of this section and make recommendations to the city council relative to the compliance of the application with the criteria set forth in Subsection 11-6-3 G. of this chapter.
(2) For other construction subject to the provisions of this chapter but not subject to final site plan approval, the commission shall review the materials referenced in Subsection C.1. of this section and approve, conditionally approve, continue, or deny any application, basing its decisions on the criteria set forth in Subsection 11-6-3G of this chapter.
C. Procedure: In the interests of neighborhood harmony and courtesy, prior to filing the materials required, developers are encouraged to schedule a meeting with adjacent property owners and neighbors.
1. Prior to the preparation of final architectural drawings and prior to the issuance of any building permit for any proposal, the applicant shall submit the following information and materials:
a. The completed application form;
b. A dimensioned site plan, including the locations of any proposed or existing buildings on the subject parcel and on surrounding parcels, if the buildings are within (100') one hundred feet of the subject parcel;
c. A verifiable legal description or a land survey where deemed necessary by the planning official;
d. A map showing the existing topography of the subject parcel and the topography of other properties at two-foot contour intervals, extending one hundred feet (100') from the subject parcel;
d. A preliminary grading plan showing before and after grades at two (2)-foot contour intervals;
f. A landscape plan in conformance with Chapter 12 of this title;
g. Elevation drawings, in color and drawn to scale, of the front, sides, rear, and roof lines of all proposed buildings or structures, illustrating the appearance and treatment of required screening elements for roof-mounted equipment. A second set of elevations (not colored) shall be submitted on eight and one-half inch by eleven inch (8 ½ x 11") paper;
h. Samples of each type of exterior building materials, including the color; and
i. Samples of the materials, including the color, along with scaled, accurately-colored elevations, of any proposed sign and/or sign package.
2. Prior to the issuance of a building permit, the planning official shall determine that the submitted plans for the building permit are in substantial conformance with those approved as part of the final site plan, as stated in Subsection 11-6-3 B.1. of this section or by the commission, as stated in Subsection 11-6-3 B.2. of this section, and that the time period for approvals has not expired. The stamping of the plans and the signature of the planning official, and the date of the signature shall indicate that the plans are in conformance.
3. Prior to any external change described below, including, but not limited to, a remodeling or elevation alteration which includes changes in materials or colors, the property owner or his or her designated representative shall present the change for review to the planning official. The planning official may approve a change to the color scheme of an existing building, a building addition or structure, or a revised landscape plan based upon the following criteria:
a. Building Addition Or Structure: The addition of an accessory structure shall not substantially alter the appearance of the site as viewed from off the site or be visually incompatible with the existing building or structure when the modification consists of:
(1) An addition to an existing building or accessory structure of one thousand (1,000) square feet or less; or
(2) If the increase in the area of coverage does not exceed fifteen percent (15%), does not increase the number of stories, or propose substantial changes to the building materials.
b. Landscaping:
(1) The quantity, density, and quality of the plant material is increased and upgraded; and
(2) The changes reflect a substantial improvement of the plan.
Exterior changes not meeting the criteria of Subsections C.3.a. and C.3.b. of this section shall be reviewed pursuant to the provisions of Subsection B of this section.
4. Any conditions prescribed through the approval of the final site plan or by the commission shall be considered an integral part of the construction plans. The conditions shall be noted on all plans as may be required by applicable city departments.
5. Any building, structure, or sign which has been approved, constructed, or installed in accordance with the approval of a final site plan or of the commission may be removed. However, it shall not be modified, altered, or changed in any manner without additional review by the planning official, who shall decide whether the proposed change shall need to be reviewed by the design review committee.
6. Initiating construction or development prior to the issuance of building permits or noncompliance with approved plans and conditions shall be grounds for either stopping work on the project or denial of a certificate of occupancy.
7. Upon completion, prior to the issuance of a certificate of occupancy, the property owner or general contractor shall certify in writing that, to the best of his or her knowledge, the building, structure, and site detail have been completed in accordance with the approved design and applicable codes.
8. Lack of maintenance of any portion of an approved project approved through the approval of a final site plan or by the commission shall constitute a violation of this chapter.
D. Additional Provisions:
1. Petitions brought before the commission shall be considered in a timely manner. Unless the applicant requests the commission to table the application, it shall not be tabled for more than three consecutive meetings (approximately ninety (90) days). After that time, the commission shall make a recommendation to the city council.
2. In conjunction with its review of proposals pursuant to Subsection 11-6-3 B.2. of this section:
a. The commission shall not continue any application more than three (3) regularly scheduled consecutive meetings unless the applicant requests additional continuances. If the continuances are based on the petitioner's failure to provide required information, the commission may make a decision on the information available or it may return the petition to the party submitting it for future resubmission.
b. Approvals by the commission shall be valid for a period of one year from the date of approval by the commission or the city council. If no building permit has been issued pursuant to the development of the approved project within one year of approval, the approval shall expire.
c. In the event that an application is denied by the commission, the commission shall reserve the right to refuse to consider the same proposal, as determined by the planning official, for a period of one year. An applicant desiring to reapply for consideration of the same proposal less than one year from the date appearing on the previous application shall submit a letter requesting the commission to reconsider its denial. Any request for reconsideration must be based on new grounds not covered in the previous application. If the reconsideration is approved, the applicant may then reapply for the request, filing a new application with all attachments and paying the applicable fee.
d. An applicant may appeal the determination of the planning official that the proposal intended to be submitted is the same proposal by submitting a letter to the commission. The planning official shall present the basis of his or her determination and shall comment on the information presented by the appellant. The commission shall uphold or reverse the determination of the planning official.
E. Appeal:
1. The applicant for design review or the planning official may appeal any decision of the commission to the city council by filing written notice of appeal and any applicable appeal fee with the city clerk within ten (10) working days of the date of the commission decision. Notice of such appeal and the date for its consideration by the city council shall be published once, not less than seven days prior to the council meeting at which such appeal is to be heard.
2. The city clerk shall set the date for hearing the appeal within forty (40) days of the appeal being filed.
3. The city council shall base its decision to affirm, modify, or reverse the decision of the commission on the information and materials previously submitted to the commission, the minutes of the commission, and such additional evidence as the parties or public wish the council to consider.
F. Violations And Penalties: It shall be unlawful to construct, erect, install, alter, change, maintain, or permit the construction, erection, installation, alteration, change, maintenance of any building, structure, sign, wall, or landscaping, or use or permit the use of any lot or other land contrary to, or in violation of, any of the provisions of this chapter.
G. Performance Standards: All uses and buildings permitted within the DMP shall comply in total with the following performance standards:
1. Open Space And Landscaping Requirements: Minimum site landscaping requirements for the downtown and riverfront corridor area are established in: The City of Bettendorf, Iowa Downtown Master Plan Update and Streetscape Plan, February 2016. The "Design Standards: Landscape Guidelines" section of that plan are hereby included in and made a part of the zoning requirements under this title.
2. Architectural Standards: Minimum building architectural standards for the downtown and riverfront corridor area are established in: The City of Bettendorf, Iowa Downtown Master Plan Update and Streetscape Plan, February 2016. The "Design Standards: Architectural Character and Materials" section of that plan are hereby included in and made a part of the zoning requirements under this title.
3. Parking: The provisions contained within Chapter 13, "Off Street Parking and Loading," of this title shall apply and govern in all zoning districts. In all cases, parking lots shall be constructed with concrete or asphalt curbing. In addition, parking design standards for the downtown and riverfront corridor area are established in: The City of Bettendorf, Iowa Downtown Master Plan Update and Streetscape Plan, February 2016. The "Design Standards: Parking" section of that plan is hereby included in and made a part of the zoning requirements under this title.
4. Parking, Site Specific Principles, and Streetscape Improvements: Parking, site specific principles, and streetscape improvements standards for the downtown and riverfront corridor area are established in: The City of Bettendorf, Iowa Downtown Master Plan Update and Streetscape Plan, February 2016. The "Design Standards: Parking, Site Specific Principles, and Typologies for Streetscape Improvements" sections of that plan are hereby included in and made a part of the zoning requirements under this title.
5. Land Use: Recommended future land uses for the downtown and riverfront corridor area are established in: The City of Bettendorf, Iowa Downtown Master Plan Update and Streetscape Plan, February 2016. The "Overall Master Plan Concept and Districts: Development Character" sections for each DMP subdistrict are hereby included in and made a part of the requirements under this title.
6. Restricted Uses: There are some uses that require additional restrictions within the DMP to lessen their negative impact and make them more compatible with the goals of this title. The following uses are restricted:
a. Class E Liquor Licensed Establishments:
(1) No establishment which holds a Class E liquor control license, as defined in Iowa Code Section 123.30(3)(e), shall be located within one-fourth mile (1,320 feet) of another existing establishment which holds a Class E liquor control license in the DMP.
(2) Any existing establishment which holds a Class E liquor control license established prior to July 21, 2015, that is nonconforming with regard to the separation requirement between said uses, may continue unless the following conditions occur, then nonconforming rights cease and the use must convert to a conforming use: The liquor license lapses, is revoked, or is discontinued for a period of one year.
(3) The zoning board of adjustment shall have no authority to waive this provision or to authorize any variation thereto.
b. Automobile Salesroom or Showroom, or New or Used Car Sales or Vehicle Storage Lots: Design principles shall be incorporated into the design of auto dealerships which minimize the unattractive aspects of large areas of parked cars. One car deep display areas along arterial and collector streets and freeways shall be permitted. Display rows shall be screened from public rights-of-way with an eighteen-inch (18") earth berm. Additional rows of cars shall be separated from the initial row by a shrubbery hedge that completely conceals the view of these additional rows of cars from the public right-of-way. Five percent (5%) of the balance of the parking lot shall be landscaped and permeable in the form of islands and peninsulas. Signs applied to, located in, or painted onto vehicle bodies or windshields on cars in the display area are prohibited with the exception of factory invoices. The use of pennants and tinsel is prohibited. Elevated or tilted vehicle display platforms are prohibited. An earth berm or other form of landscape buffer shall be located around the sides and rear of the property to shield the view of stored cars from adjoining residences and streets, if any. Berming and landscaping may be required to shield the view from commercial areas depending on sightlines. Lighting design shall be integrated with the design of the dealership. Nonglare, cutoff luminaires shall be required so that lighting does not spill over onto adjacent properties. The leasing or renting of trucks intended for short-term lease of less than seven (7) days shall be prohibited either as a primary or accessory use.
c. Public Garages, Services Stations, Car Washes, Repair Shops, Auto Parts Installation Shops, Auto Service Malls, And Other Similar Uses: Building forms and materials shall emphasize masonry and be compatible with nearby retail buildings. Canopies over pumps and their supports shall have no lettering, logos, or striping, and shall be integrated with the building design. The use of pennants and tinsel is prohibited. Car wash structures shall be a minimum of fifty feet (50') from any residential property line or residential zone. Outdoor storage shall be confined to areas enclosed by masonry walls. Stacks of tires, oil cans, and promotional items are not permitted. Garage bays shall be concealed from view from adjacent streets and parking lots whenever possible. The leasing or renting of trucks for short-term lease of less than seven (7) days shall be prohibited either as a primary or an accessory use.
d. Outdoor Retailing: Outdoor retailing areas, such as garden centers, shall be orderly and attractive, with low screening walls concealing merchandise, except plant materials, from view. Additional landscaping as shown in Chapter 12, "Landscaping," of this title and berming may be required with such uses.
e. Outdoor Vending Machines: For the purpose of this chapter, outdoor vending machines shall also be considered outdoor retailing. Such vending machines shall be screened from public rights-of-way.
f. Gas stations (limited to within one thousand feet [1,000'] of the paved portion of I-74, excluding on and off ramps and adjacent to State Street and Grant Streets).
7. Prohibited Uses: In furtherance of the intent of the DMP as set forth in Section 11-6-3 A., certain uses are prohibited in the DMP. The following uses are prohibited in the DMP, as well as those uses prohibited in the underlying zoning districts:
a. Tobacco, vape shops, and/or CBD shops
b. Tattoo/piercing parlors
c. Storage units
d. Automotive sales
e. Automotive services and body repair
f. Pawn shops
g. Title loan or "quick cash" operations
h. Storage/staging yards or service vehicle parking of any type
i. Adult entertainment venues.
j. Permanent buildings in which fifty percent (50%) or more of the retailer’s retail floor space is allocated to the sale or display of consumer fireworks, or in which fifty percent (50%) or more of annual retail sales are from the sale of consumer fireworks.
8. Existing uses as of March 1, 2005, are allowed to continue as nonconforming uses to the restrictions set forth in Section 11-6-3 G.6. established in this overlay district. However, no new use nor the expansion of any existing use shall be allowed unless such use is allowed within the November 2002 Bettendorf, Iowa, Future Land Use Map and conforms to the regulations herein. Existing uses as of January 7, 2020, are allowed to continue as nonconforming uses to the restrictions set forth in 11-6-3 G.7.
H. Site And Structure Requirements: All requirements of the underlying zoning districts concerning building height, lot area, and yard depths shall remain applicable with the following exceptions:
1. Planned Complex Park: There shall be no prohibition of the multiple use of a planned complex park on a minimum lot, provided that the control of those facilities and uses which must be installed and maintained for the joint use of the users of the property shall be legally enforceable and acceptable to the city.
2. Variances:
a. The zoning board of adjustment may grant variances in cases where the above setback regulations unduly impact the developability of any lot subdivided for development prior to the effective date hereof. The board may consider the feasibility of complying with the additional setback requirements based upon existing lot size, compatibility with adjacent development, and locational and topographical factors.
b. The zoning board of adjustment may grant variances for buildings to exceed their corresponding district height regulation up to a maximum height of one hundred fifty feet (150'). In order to qualify, the applicant shall provide for adequate spacing between existing and proposed buildings in order to minimize blockage of views from public and private buildings and places and to minimize casting of shadows on public places. Applicants shall provide elevations and shadow diagrams which show the degree, if any, of view blockage or the casting of shadows that would occur. The board of adjustment may limit or condition the amount of extra height and bulk granted in order to minimize the blocking of views from public and private places and to casting of shadows on public places.
I. Environmental Performance Standards: Complete abatement, elimination, or reduction of all generally offensive characteristics such as odors, gases, noise, vibration, pollution of air or water or soil, excessive lighting intensity, hazardous activity, etc. which may be detrimental to the general welfare of the community shall be accomplished. The standards for compliance with this subsection shall be as follows:
1. Air Pollution: The use shall not emit any smoke, dust, odorous gases, or other matter in such quantities as to be readily detectable at any point beyond the perimeter of the site area.
2. Noise: The use shall not include noise which is discernible without instruments on any adjoining lot or property.
3. Vibration: The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
4. Site Lighting And Glare: All lights, other than streetlights, shall be so situated and installed as to reflect away from adjacent streets and residential areas. Light and pole designs shall be compatible with the overall design of the building(s) and site. In large parking lots, poles are to be located within the landscape islands. The scale of the parking area shall be considered in the selection of pole height and spacing. Pole height shall decrease, where possible, near property lines and in low intensity use areas to further reduce glare. Uplighting trees and fountains, accent lighting on shrubs and entrances, and silhouette lighting may be used to create special effects.
5. Traffic Hazard: The use shall not involve any activity substantially increasing the movement of traffic on public streets to a point that capacity and safety limitations are exceeded unless procedures are instituted to limit traffic hazards and congestion.
6. Stormwater Detention: The standard stormwater detention regulations shall prevail.
7. Erosion Control: The standard erosion control regulations shall prevail.
8. Overtax Public Utilities and Facilities: The use shall not involve any activity substantially increasing the burden on any public facilities or utilities unless provisions are made for necessary adjustments.
9. Utility Installation: All utilities provided as new installation shall be underground and comply in full with city regulations.
J. Signage Requirements: Signage materials shall be permanent or long lasting in quality. The lighting of signs shall be nonintrusive with backlighting or other methods of indirect lighting required. Project and business identification signage shall be limited solely to wall signs, monument signs, ground signs, and awnings.
1. Wall Signs: Wall signs shall be limited in size by the regulations of the underlying district. Signs painted on a wall shall be prohibited.
2. Freestanding Ground Signs: For the purposes of this chapter, a "freestanding ground sign" shall mean a sign placed directly on the ground the allowed height of which shall be determined by land use. All such signs shall have monument-type bases of masonry construction. A comparable alternate base material may be used upon written approval of the commission where signage requires final site plan approval. Sign setbacks shall be equivalent to those found in the underlying zoning district.
a. Large Retail Stores And Shopping Centers: For the purposes of this chapter, a "large retail store or shopping center" shall be defined as a single retail store or multiple store center located on a site that is eight acres or more in size. Such store or center shall be allowed one ground sign a maximum of twenty feet (20') in height for center identification with a maximum sign area of four hundred (400) square feet. There shall be a minimum setback requirement of fifteen feet (15') from the property line or one-half the distance of the required yard, whichever is less. Center identification signs can state the name of the shopping center and a major tenant or tenants.
b. Small Retail Stores And Shopping Centers: For purposes of this chapter, a "small retail store or shopping center" shall be defined as any single retail store or multiple store center located on a site that is less than eight (8) acres in size. A retail store shall also be limited to those structures in which the primary use is for retail sales to the public. Such store or tenant shall be limited to one ground sign a maximum of fifteen feet (15') in height with a maximum sign area of one hundred (100) square feet. There shall be a minimum setback requirement of fifteen feet (15') from the property line or one-half the distance of the required yard, whichever is less.
c. Travel Related Uses:
(1) For purpose of this chapter, "travel related uses" are those uses that are used primarily by the motoring public and are limited to hotel/motel, service or gas stations, or restaurants. Such uses shall be limited to one freestanding ground sign fifteen feet (15') in height with a maximum sign area of one hundred (100) square feet.
(2) The board of adjustment may, at its discretion, with the approval of a final site plan, allow an increase in sign height. In such instances, the fifteen foot (15') ground sign may be increased in height. Any increase shall be based on sign visibility at that location and in no case shall exceed forty five feet (45') in height.
(3) All other signage shall consist of building-mounted signage consistent with the regulations of the underlying zoning district.
d. All Other Commercial, Industrial, And Institutional Uses: All other commercial, industrial, and institutional uses shall be limited to one freestanding ground sign not to exceed six feet (6') in height with the maximum area determined by the zoning district. All other signage shall comply with the regulations of the underlying zoning district.
e. Subdivision And Apartment Complex Signs: Subdivision, townhouse, condominium, and apartment complex signs, regardless of zoning district, shall be limited to monument signs with a maximum height of four feet (4'), a maximum sign area of thirty two (32) square feet, and a minimum front yard setback of five feet (5').
f. Tinsel And Pennants: The use of tinsel and pennants or other attention getting devices other than approved signage are prohibited in the DMP other than for a thirty (30) day period immediately following the granting of an occupancy permit for a new business. (Ord. 35-17, 10-17-2017; amd. Ord. 01-20, 1-7-2020; Ord. 03-22, 3-15-2022)