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Muscatine City Zoning Code

CHAPTER 10

26 ADDITIONAL HEIGHT, YARD, AND DENSITY REGULATIONS

10-26-1 Exceptions To Height Limits

Height limits may be exceeded in the following instances:

  1. Public, semi-public, or public service buildings, hospitals, institutions, agricultural buildings, or schools when permitted in a district, other than the CF District, may be erected to a height not exceeding sixty feet (60') and churches and temples may be erected to a height not exceeding seventy-five feet (75'), if the building is set back from each yard line at least one foot (1') for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.

  2. Church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacks, conveyors, and flag poles may be erected to such height as may be authorized by the City Council.
  3. The height of towers, transmission equipment, and wireless supports structures as defined in Section 10-30-2 shall be regulated by Chapter 30.
HISTORY
Amended by Ord. 2025-0044 on 3/6/2025

10-26-2 Additional Yard Requirements

The following additional yard requirements must also be observed:

  1. Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard. For the purpose of side yard regulations, a two-family dwelling or multi-family dwelling shall be considered as one building occupying one lot.

    Illustration 26-2A
  2. Where the R-3, R-4, R-5, and R-6 Districts abut the R-1 or R-2 District, a minimum side yard shall be ten feet.
  3. On a lot fronting on two nonintersecting streets, a front yard must be provided on both streets.

    Illustration 26-2D
  4. On corner lots, there must be a front yard on both streets. On corner lots that are lots of record, the buildable width cannot be reduced to less than 28 feet, except that there shall be a yard along the side street of such a lot of at least five feet.
  5. Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.
  6. In the C-1, M-1, and S-1 Districts, there may be more than one building on a lot, provided that:
    1. The lot is under, and will be retained under, single ownership, whether a private individual or corporation.
    2. A site plan is provided to the Planning and Zoning Commission for approval prior to obtaining a building permit.
    3. All separate buildings and uses are interrelated and part of a cohesive development plan.
    4. The applicable street and utility standards apply.
  7. There may be two or more related multi-family, hotel, motel, or institutional buildings on a lot; provided that:
    1. The required yards be maintained around the group of buildings, and
    2. Buildings that are parallel or that are within 45° of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building.

      Illustration 26-2G
  8. No part of an existing building that violates yard regulations when damaged by any cause whatsoever to the extent of more than 65% of the fair market value of the building immediately prior to damage shall be restored, except in conformity with the yard regulations of this Ordinance.
  9. Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of front or side yard shall be measured from such official line to the nearest line of the building.
  10. The minimum width of side yards for schools, libraries, places of worship, community buildings, and other public and semipublic buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a commercial or industrial district, in which case the width of that yard shall be as required in the district in which the building is located.
  11. Where a parcel which existed as of January 1, 2025, and has less area or frontage than herein required in the district in which it is located, a new single-family residence may nevertheless be constructed on such a parcel provided that:
    1. A single-family residence is a permitted use in zoning district in which the parcel is located.
    2. Side-yard setbacks are maintained, except the buildable width cannot be reduced to less than 20 feet, except that a side yard setback of five feet shall be maintained.
HISTORY
Amended by Ord. 2025-0121 on 5/1/2025

10-26-3 Exceptions To Yard Requirements

The following exceptions may be made to the yard requirements:

  1. Where, on the effective date of this Ordinance, f40% or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:
    1. Where the building furthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.
    2. Where subsection 1 is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
    3. Where neither subsections 1 nor 2 is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
  2. Sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features may project into a required yard a distance not to exceed two feet
  3. Filling station pumps and pump islands may occupy required yards, provided, however, that they are not less than fifteen feet from all lot lines.
  4. Signs in accordance with Chapter 10-21.
  5. Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than five feet, when so placed as to not obstruct light and ventilation.
  6. Open, unenclosed, or screened porches (not glassed in) may extend ten feet into a front yard.
  7. Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line.
  8. No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard as may be required for a commercial or industrial building on the side of a lot adjoining a residential district.
  9. Accessory buildings and uses may be located in a rear yard, but may not occupy more than 40% of a rear yard.
  10. On corner lots, the minimum buildable width of 28 feet for main buildings is reduced to twenty-two feet for accessory buildings.
  11. Satellite receiving dishes shall be erected and maintained behind the building line in residential districts and shall be located not nearer than four feet to any side or rear lot line.

10-26-4 Exceptions To Lot Area And Width Requirements

The minimum lot area and lot width requirements established above may be modified as follows:

  1. Where a lot of record at the time of the effective date of this Ordinance has less area or frontage than herein required in the district in which it is located, said lot may nevertheless be used for any use permitted in the district in which it is located.
  2. The number of permitted dwelling units for multi-family dwellings may be increased in the following instances, with the percentages in sections 1 through 5 to be applied individually and not cumulatively:
    1. By five percent if a landscaped buffer area not used for off-street parking, with a minimum depth of ten feet or a masonry wall six feet in height is provided on all lot lines that are also district boundaries with a less restricted zoning district.
    2. By ten percent if the project provides at least two off-street parking spaces for each dwelling unit.
    3. By five percent if all of the required parking spaces are enclosed or in an underground structure.
    4. By ten percent (if the project includes a club, tennis court, swimming pool, or other major recreation facility occupying at least two-tenths (0.2) of a square foot of land area for each square foot of floor area in the buildings.
  3. Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to existing yard requirements for that district.
  4. Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes, or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.

2025-0044

2025-0121