TITLE 10
ZONING
SUBJECT
CHAPTER
ZONING PURPOSES
1
ZONING DISTRICTS; MAP
2
AG AGRICULTURAL DISTRICT
3
FP FLOOD PLAIN DISTRICT
4
FC FLOOD CHANNEL (FLOODWAY) DISTRICT
5
R-1, R-2, and R-3 RESIDENTIAL DISTRICTS
6
R-4 RESIDENTIAL DISTRICT
7
R-5 RESIDENTIAL DISTRICT
8
R-6 RESIDENTIAL DISTRICT
9
R-L LARGE SCALE RESIDENTIAL DEVELOPMENT DISTRICT
10
C-1 NEIGHBORHOOD AND GENERAL COMMERCIAL DISTRICT
11
C-2 CENTRAL COMMERCIAL DISTRICT
12
C-3 PLANNED COMMERCIAL DISTRICT
13
M-1 LIGHT INDUSTRIAL DISTRICT
14
M-2 GENERAL INDUSTRIAL DISTRICT
15
S-1 SPECIAL DEVELOPMENT DISTRICT
16
S-2 INSTITUTIONAL - OFFICE DISTRICT
17
A-P AIRPORT DISTRICT
18
OTHER USE REGULATIONS
19
ADDITIONAL HEIGHT, YARD, AND DENSITY REGULATIONS
20
ADDITIONAL OFF-STREET PARKING AND LOADING
21
REGULATIONS
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ADMINISTRATION
22
DEFINITIONS
23
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TITLE 10 ZONING
CHAPTER 1
ZONING PURPOSES
SECTIONS:
10-1-1 ShortTitle
10-1-2 Basic Intent and Purpose
10-1-1 Short Title. These regulations shall be referred to
as the Zoning Ordinance of the City of Muscatine, Iowa.
10-1-2 Basic Intent and Purpose. The purpose of this Title
shall be:
(A) These regulations have been based upon the comprehensive plan
for the City of Muscatine, which was adopted by the City of
Muscatine. Said comprehensive plan included estimates of
population growth; land use surveys; a land use plan; plans
for major thoroughfares, other transportation facilities,
community facilities, public services, and utilities; and a
public works program.
(B) Need for public services and facilities in both size and
location depends upon the character and intensity of land
use. Regulation of the use of land is thus fundamental to
a coordinated optimum physical development of the community.
The land use regulations are intended to be the foundation
of the entire process of improvement of the physical environ-
ment.
(C) The regulations are intended to preserve and protect existing
property uses and values against adverse or unharmonious
adjacent uses.
(D) The land use regulations divide the area into a number of
zoning districts:
1. Because of frequent and costly flooding, some areas
should be kept in their natural state and not developed
and development in other areas required to include
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adequate floodproofing. These would be included in a
Flood Plain District.
2. The comprehensive plan indicated the need for various
land uses such as commerce, residence, industry, trans-
portation, and public uses. These urban uses should be
directed into that land area where they may be most
efficiently served by public services and facilities,
such as sewers, water, schools, parks, public trans-
portation, and the like. Remaining lands should be
reserved agricultural and rural uses. Consequently,
the regulations include an Agricultural District for
agricultural and non-urban land uses.
3. In the past, residential neighborhoods have deteriorated
due to encroachment by isolated commercial and industrial
uses. The great majority of our population live in
single-family homes which they own. The regulations
establish residential districts particularly designed
to provide maximum protection for single-family homes.
4. Other residential districts are established for two (2)
family homes, mobile homes, town houses, and for apart-
ments. Density, yard, and parking regulations would
insure good living conditions in these areas. Much of
present day building is by large projects instead of
lot by lot. A Large-Scale Residential District is
provided where large-scale projects may be located with
approval of the site plan. This introduces an important
measure of flexibility into the regulations.
5. Commercial districts recognize the different types of
commercial areas that will be needed by the future growth
of the community. There is a zoning district for the
neighborhood commercial area, i.e., the grocery store,
drugstore complex serving the adjacent residential
neighborhoods and for the more widely used commercial
areas along major streets and highways. There is a
central commercial district for the downtown area and
a special "planned district" for commercial development
based on a site plan.
6. For industry there are two (2) districts: a "light"
industrial district for manufacturing and related
industrial activity, and a "general" industrial district
which provides for additional uses with approval under
the provision for conditional uses.
7. A Special Development District has also been furnished
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to provide the opportunity for imaginative site develop-
ment with a variety of uses in special areas of the
City.
8. The regulations emphasize the character as well as
location and density of the land uses. Special induce-
ments are offered for good design of apartment areas.
Landscape planting is required in all front yards and
for automobile filling stations, parking lots, and
garages. Advertising is carefully controlled.
9. The regulations are reasonable in relation to existing
conditions. Yard dimensions are adjusted to peculiarities
of existing lots. Lots that are now too small may be
used provided current building setbacks can be maintained.
Nonconforming uses are permitted to continue for adequate
time periods.
10. All uses are required to provide their own off-street
parking (with a few exceptions). Over a period of years,
enforcement of this requirement will enable streets to
be used primarily for traffic movement.
11. Each of the regulations have been designed to work
harmoniously with the others with the totality providing
that minimum degree of land use control essential to
the realization of the optimum urban environment.
(E) Jurisdictional Area. These regulations apply to all lands
within the corporate limits of the City of Muscatine.
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TITLE 10 ZONING
CHAPTER 2
ZONINGDISTRICTS; MAPS
SECTIONS:
10-2-1 UseDistricts
10-2-2 District Map and Boundaries
10-2-3 Effect of Vacations on Boundaries
10-2-4 New or Annexed Land
10-2-5 Areas Under Water
10-2-6 Special Large Scale Flood Insurance Rate Map
10-2-7 District Regulations
10-2-1 Use Districts. The City of Muscatine is hereby
divided into the following specific districts:
AG Agricultural
FP Flood Plan
FC Flood Channel
R-1 Single-Family Residential
R-2 Single-Family Residential
R-3 Single-Family Residential
R-4 Two-Family Residential
R-5 Multi-Family Residential
R-6 Multi-Family Residential
RL Large-Scale Residential Development
C-1 Neighborhood and General Commercial
C-2 Central Commercial
C-3 Planned Commercial
M-1 Light Industrial
M-2 General Industrial
S-1 Special Development
S-2 Institutional; Office
A-P Airport District
10-2-2 District Map and Boundaries. The boundaries of the
districts are shown upon the map attached hereto and made a part
hereof, which map is designated as the "District Map". The
District Map and all notations, references, and other information
shown thereon are a part of this Ordinance and have the same force
and effect as if the District Map and all the notations, references,
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and other information shown thereon were all fully set forth or
described herein, the original of which District Map is properly
attested and is on file with the Planning Administrator of the
City of Muscatine, Iowa. The boundary lines are shown upon the
District Map within the center line of streets, alleys, public
ways, and railroads; in cases not covered by the provisions of
this section, the boundary lines shall determine the distances
in feet, if given, from other lines on the map, but if no
distances are given, then by scale of the map. Where boundary
lines are shown approximately on the location of property lines
and the exact location is not indicated by means of figures,
distances, or otherwise, then the property line shall be the
boundary. Appeals may be filed with the Zoning Board of Adjust-
ment.
10-2-3 Effect of Vacations on Boundaries. Whenever any
street, alley, or other public way is vacated by official action
of the City Council of the City of Muscatine, the zoning district
adjoining each side of such street, alley, or public way shall be
automatically extended to the center of such vacation, and all area
included in the vacation shall then and henceforth be subject to
all appropriate regulations of the extended districts.
10-2-4 New or Annexed Land. All territory which may here-
after be annexed to the City of Muscatine shall automatically be
placed in the AG Agricultural District until otherwise changed
by ordinance.
10-2-5 Areas Under Water. All areas within the Corporate
Limits of the City which are under water and not shown as included
within any district, shall be subject to all of the regulations
of the district which immediately adjoins the water area. If the
water area adjoins two (2) or more districts, the boundaries of
each district shall be construed to extend into the water area
in a straight line until they meet the other district.
10-2-6 Special Large Scale Flood Insurance Rate Map. The
Flood Plain and Flood Channel Districts are also shown on, where
available, a special large scale "Flood Insurance Rate Map"
which supplements the District Map and is attached hereto and made
a part hereof. The Flood Insurance Rate Map and all notations,
amendments, references, and other information shown thereon are
a part of this Ordinance and have the same force and effect as if
the said Map and all notations, amendments, references, and other
information shown thereon were fully set forth or described herein,
the original of which is properly attested and is on file with
the Planning Administrator of the City of Muscatine, Iowa.
10-2-7 District Regulations. Except as hereinafter provided:
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(A) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered, nor shall any building or land be used except for a purpose permitted in
the district in which the building or land is located.
(B) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered to exceed the height limit herein established for the district in which the
buildingislocated.
(C) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered except in conformity with the area regulations of the district in which the
buildingislocated.
(D) The density and yard regulations of this Ordinance are minimum regulations for
each and every building existing at the effective date of this Ordinance and for any
building hereafter erected or structurally altered. No land required for yards or
other open spaces about an existing building or any building hereafter erected or
structurally altered shall be considered a yard or lot area for more than one
building.
(E) Every building hereafter erected or structurally altered shall be located on a lot
as herein defined and in no case shall there be more than one main building on a
lot except as otherwise provided in this Ordinance.
(F) No building shall be erected or structurally altered to the extent specifically
provided hereinafter, except in conformity with the off-street parking and loading
regulationsofthisOrdinance.
(G) Cooperatives, condominiums, and all other forms of property ownership do not
affect the provisions of these regulations and all requirements shall be observed
as though the property were under single ownership.
(H) All inhabited mobile homes shall be located in a mobile home park that has
received a conditional use permit, and if appropriate, subdivision approval as
required. No mobile home outside an approved mobile home park shall be
connected to utilities, except those mobile homes being offered for sale and not
inhabited.
(I)
1. Site Plan Review: Approval of site plans should be made in accordance
with good planning practices, taking into consideration: adequate parking
areas, safe ingress and egress to the site, sufficient landscaped areas,
adequate screening of unsightly areas such as loading docks, trash
containers and parking areas. Further the development of one site
should not cause problems relating to surface drainage, noise,
lighting, signing, and incompatible relationships between new and
existing adjacent land uses.
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Site plan review is required for all new construction on undeveloped land in the
followingsituations:
A) The C-1 and C-2 Commercial Districts.
B) The M-1 and M-2 Industrial Districts.
C) All non-residential development in the Residential Districts.
D) For multi-family construction of more than four (4) units per lot.
E) Site plan review approval is required in all of the above situations where
remodeling, modification or alteration of an existing structure will increase
the square footage by fifty percent (50%) or more.
F) A filing fee for such site plan review shall be charged as established
2.
Approval. Approval should be made on the basis of the merits of the plan
presented as it relates to the guidelines set forth below. A Building Permit will not
be issued prior to the approval of the site plan. And a Certificate of Occupancy
Permit will not be granted unless the site is developed according to the plan.
The Site Plan Review Committee shall consist of a representative of the
Department of Public Works, Building Department, and Planning and/or
Zoning, as appointed by the City Administrator. Site plan approval shall
require a unanimous decision. If such a decision is not rendered, an appeal may
be made to the Planning and Zoning Commission.
3.
Site Plan Information to be Provided.
GeneralCriteria
1.
A plan drawn to scale indicating the property boundaries of the site, the
dimensions of all lot lines and square footage or acres involved.
2.
All points of access to and from the site should be identified, and include
data on location, width, and type of all proposed curb and access points.
3.
Parking layout and a notation listing the number of the required parking
spaces and the number to be provided. Indicate the estimated traffic to be
generated by completed development and peak periods during the day.
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TITLE 10 ZONING
CHAPTER 3
AG AGRICULTURAL DISTRICT
SECTIONS:
10-3-1
PermissiveUses
10-3-2
ConditionalUses
10-3-3
Height, Area, ParkingRequirements
10-3-1
PermissiveUses.
(A) Agricultural activity and raising and selling of livestock, except that all livestock
operations or farms with livestock in excess of ten (10) head shall have a minimum
lot area of twenty (20) acres and shall not locate any feed lot or accessory
structures within two hundred feet (200') from any lot in an R-District.
(B) Single-family dwelling, provided that it has a minimum lot area of two (2) areas.
(C) Public park, playground, and recreational area.
(D) Privately operated recreational facility, including riding stable, lake, swimming
pool, tennis court, and golf course, except miniature course or driving range,
provided that any accessory building in connection therewith shall be located not
less than two hundred feet (200') from any lot in an R-District.
(E) Public and private forest, wildlife preservation, or similar conservation project.
(F) Public school, elementary and high, or private school having a curriculum
equivalent to a public elementary or public high school and having no rooms
regularly used for housing or sleeping purposes.
(G) Place of worship.
(H) Greenhouseornurseryfortheraisingofflowersandotherhorticulturalproducts,
including the raising of such products for sale on the premises.
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(I) Cemeteries of ten (10) acres or more in size. Also note 10-19-6 for Cemetery
DevelopmentStandards.
(J) Roadside stand designed for temporary or seasonal use and which is adjacent to a
road and which is used for the sale of farm products primarily produced or grown
on the premises.
(K) Animal hospital, veterinary clinic, or kennel, provided that any building or
enclosure in connection therewith shall be at least one hundred feet (100') from
any lot in an R-District.
(L) Grainbinandfarm-relatedbuilding, whichisusedinconnectionwithon-premises
agriculturalactivity.
(M) Water tower .
(N) Historic site open to the public.
10-3-2ConditionalUses.
(A) Extraction of coal, sand, gravel, top soil, and other natural resources.
(B) Airport, except that all airport facilities are exempt from the height and area
regulations and accessory 1;,,e regulations; provided further, that all airport
facilities shall be developed in accordance with current Federal Aviation
Administrationspecificationsandguidelines.
1. Airportoraircraft-relatedcommercialactivities, providedthatsuchactivities
are located completely within the property of the airport.
2. No use of any land shall be made under this Section which violates the
provisions of Title 10, Chapter 18 of this City Code.
(C)
Electricaldistributionsubstation, pipelinepumpingstation, sewagelagoon, or
sanitarylandfill.
(D)
Farm implement operation for the sale of new and used farm equipment and
implementsincludingtheaccessoryserviceandmaintenancethereof.
1.
A site plan shall be submitted to the Zoning Board of Adjustment. The City
Code (10-2-71), entitled Site Plan Review, shall be followed as a guide in
developingsaidplan.
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2.
Minimum lot size for this activity is 2.5 acres.
(E) Farm supply sales of the following primary products:
1.
A. Agricultural chemicals.
B. Liquid and dry bulk fertilizer.
C. Feed .
D. Fuel .
E. AncillaryagriculturalproductsasapprovedbytheZoningBoardof
Adjustment.
F. Ancillarycarryoutfooditems, packagedreadytoconsume
conveniencesnacksandnon-alcoholicbeverages.
2.
A site plan shall be submitted to the Zoning Board of Adjustment. The City
Code (10-2-71), entitled Site Plan Review, shall be followed as a guide in
developingsaidplan.
3.
Minimum lot size for this activity is 2.5 acres.
10-3-3Height, Area, ParkingRequirements.
(A)
The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front
Side
Rear
Frontage
35*
50
20
50
150
*Note: Chapter 19 - Exceptions to Height Limits.
(B)
The limits in square feet are as follows:
Minimum Lot Area Per Family
Minimum
Lot Area
Single
Two acres
Two acres
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(C) The minimum off-street parking spaces are as follows:
1. Single-family: One (1) per full bath.
2. Place of worship: One (1) per four (4) seats in main room.
3. High schools and colleges: Ten (10) per classroom.
4. Elementary schools: Two (2) per classroom.
5. Community center, library, museum, historic site, or similar public or
semi-publicbuilding: One(1)pereverythreehundred(300)squarefeetin
building.
6. Hospital: Two (2) for each bed.
7. Sanitarium or nursing home: One (1) for each three (3) beds.
8. All other nonresidential buildings: One (1) per every three hundred (300)
squarefeet.
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TITLE 10 ZONING
CHAPTER 4
FP FLOOD PLAIN DISTRICT
SECTIONS:
10-4-1
10-4-2
10-4-3
10-4-4
10-4-5
10-4-6
Intent and Purpose
District Boundaries
Permissive Uses
Conditional Uses
Height, Area, Parking Requirements
Flood Control Manual
10-4-1 Intent and Purpose. It is the purpose of the Flood Plain
District to apply special regulations to the use of land in those
areas of the City which are subject to predictable inundations at
frequent intervals and to assure that flood carrying capacity within
the altered or relocated portion of any watercourse is maintained.
Such land use controls are necessary to qualify property owners for
flood insurance under the National Flood Insurance Act of 1968 (as
amended). The City will notify adjacent communities and the Iowa
Natural Resources Council prior to any alteration or relocation of a
watercourse and submit copies of such notification to the Federal
InsuranceAdministrator.
The regulations, while permitting reasonable economic and social
use of such properties, will help protect health, safety, and general
welfare and reduce financial burdens imposed on the community,
governmental units, and its individuals caused by frequent and
periodic floods and the overflow of lands.
10-4-2 District Boundaries.
(A) All land lying within the flood plain of the one hundred (100)
year frequency flood of the Mississippi River and its tributary
streams is within the flood plain and is subject to these
regulations, in addition to the regulations otherwise
established by the Zoning Ordinance of the City of Muscatine,
Iowa.
(B) The boundaries of the Flood Plain District are hereby
established as shown on the National Flood Insurance Program
Flood Insurance Rate Map, City of Muscatine, Iowa, effective and
revised August 25, 1981, which by this reference is made a part
hereof. All lands included in such Flood Plain Districts shall
be subject to the terms imposed herein, in addition to the terms
imposed by any other zoning use district in which said lands
should be located.
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10-4-3 Permissive Uses. When the use proposed herein is
allowable in a zoning district, the following uses and types of
activities are permitted in the designated flood plain; provided that
such uses and types of activities do not entail any man-made changes
to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations.
(A) Farming and gardening.
(B) Open recreational uses such as parks, playgrounds, playfields,
athletic fields, golf courses, bridle trails, and nature paths.
(C) Marinas .
(D) Public right of ways, private drives, and parking lots.
(E) Public utilities as regulated by the Zoning Ordinance, but not
to allow the erection of a building to be used for storage or as
a place of employment other than for periodic maintenance.
(F) For residential districts, the Flood Plain may be used for
computing lot area requirements and may, therefore, be used for
yard and park areas.
(G) Storage yard for materials and equipment not subject to removal
or major damage by flood waters.
10-4-4 Conditional Uses.
(A) Any permissive or conditional use in the Zoning District
applicable to the land in question and not identified as a
permissive use in the preceding paragraph is considered a
conditional use.
(B) Any man-made change to improved or unimproved real estate in the
flood plain, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations, is considered a conditional
use.
(C) In addition to complying with the provisions of Section 10-22-1
of the Zoning Ordinance, conditional uses in the flood plain
must meet the following criteria to be approved:
1.
Any proposed new construction or substantial
improvements (for the purpose of this Chapter,
"substantial improvement" means any repair,
reconstruction, or improvement of a structure, the
cost of which equals or exceeds fifty percent (50%)
of the market value of the structure either (a) before
the improvement is started, or (b) if the structure(
has been damaged and is being restored, before the
damage occurred, or (c) any addition which increases
the original
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floor area of a building by twenty-five percent (25%) or more.
All additions constructed after August 25, 1981 shall be added
to any proposed addition in determining whether the total
increase in original floor space would exceed twenty-five
percent (25%). "Substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor,
or other structural part of the building commences, regardless
of whether or not that alteration affects the external
dimensions of the structure, but does not include any
alteration to comply with existing state or local Health,
Sanitary, Building, or Safety Codes or regulations) including
prefabricated or factory built homes shall:
a. Be designated and/or modified and anchored to prevent
flotation, collapse, or lateral movement of the structure.
b. Use construction materials and equipment that are resistant
to flood damage.
c. (1)
Use construction methods and practices that shall
minimize flood damage.
(2)
Factory-built homes including those placed in
existing factory-built home parks or subdivisions
shall be elevated on a permanent foundation such
that the lowest floor of the structures is a
minimum of one (1) foot above the one hundred
(100) year flood.
d. (1)
All new construction or substantial improvements of
residential structures located in the flood
plain shall have the lowest floor (including
basement) elevated one (1) foot above the level
of the one hundred (100) year flood.
(2)
All new and substantially improved residential
and non-residential structures with fully
enclosed areas below the "lowest floor" (not
including basements) that are subject to flooding
shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters.
Designs for meeting this requirement must either
be certified by a registered professional
engineer or meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area
of not less than one square inch for every square
foot of enclosed area subject to flooding shall
be provided.
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b. The bottom of all openings shall be no higher
than one foot above grade.
c. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided
that they permit the automatic entry and exit of
floodwaters.
e. All new construction or substantial improvements of non-
residential structures located in the flood plain shall
have the lowest floor (including basement) flood proofed
and elevated one (1) foot above the level of the one
hundred (100) year flood.
(1) All utility and sanitary facilities shall be flood
proofed one (1) foot above the level of the one
hundred (100) year flood so that any space below
the level of the one hundred (100) year flood is
watertight with walls substantially impermeable
to the passage of water with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy.
(2) On site waste disposal systems shall be located or
designed to avoid impairment to the system or
contamination from the system during flooding.
(3) New or replacement water supply systems shall be
designed to minimize or eliminate infiltration of
flood waters into the system. Water supply treatment
facilities shall be provided with a level of
protection equal to or greater than one (1) foot
above the one hundred (100) year flood elevation.
(4) Utilities such as a gas or electrical system shall
be located and constructed to minimize or
eliminate flood damage to the system and the risk
associated with such flood damaged or impaired
systems.
g. All applicants for conditional use permits for new or
substantially improved structures shall be accompanied by
records of elevations and flood proofing levels, and whether
or not such structures contain a basement. It shall be the
responsibility of the applicant to obtain the appropriate
topographic data, engineering studies, or other studies
needed by the Zoning Board of Adjustment, Building and
Zoning Administrator, and/or other appropriate City
agency or official. All such data shall be prepared and
certified by technically qualified persons and will be
maintained by the Building and Zoning Administrator.
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h. All applicants for conditional use permits for new or
substantially improved structures shall be reviewed by
the Building and Zoning Administrator to determine if
the site of the proposed improvements is reasonably
safe from flooding and that all necessary permits have
been received as required by Federal or State law
(including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334).
i. Storage of materials and equipment that are flammable,
explosive or injurious to human, animal or plant life
is prohibited unless elevated a minimum of one (1) foot
above the one hundred (100) year flood level. Other
material and equipment must either be similarly
elevated or (i) not be subject to major flood damage
and be anchored to prevent movement due to flood waters
or (ii) be readily removable from the area within the
time available after flood warning.
Flood control structural works such as levees, flood
walls, etc. shall provide, at a minimum, protection
from a one hundred (100) year flood with a minimum of
3 feet (3') of design freeboard and shall provide for
adequate interior drainage. In addition, structural
flood control works shall be approved by the Department
of Natural Resources.
k. No use shall affect the capacity or conveyance of the
channel or floodway of any tributary to the main
stream, drainage ditch, or other drainage facility or
system.
1. The exemption of detached garages, sheds, and similar
structures from the one hundred (100) year flood
elevation requirements may result in increased premium
rates for insurance coverage of the structure and
contents, however, said detached garages, sheds, and
similar accessory type structures are exempt from the
one hundred (100) year flood elevation requirements
when:
(1) The structure shall not be used for human habitation.
(2) The structure shall be designed to have low flood
damage potential.
(3) The structure shall be constructed and placed on the
building site so as to offer minimum resistance to
the flow of floodwaters.
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(4) Structures shall be firmly anchored to prevent
flotation which may result in damage to other
structures.
(5) The structure's service facilities such as electrical
and heating equipment shall be elevated or
floodproofed to at least one (1) foot above the one
hundred (100) year flood level.
2. All subdivision proposals and all other proposed new
developments located in the flood plain shall be reviewed
by the appropriate agency to assure that:
a.
All such proposals are consistent with the need to
minimize flood damage.
b.
All public utilities and facilities, such as sewer,
gas, electrical, and water systems, are located and
constructed to minimize or eliminate flood damage.
c.
Adequate drainage is provided to reduce exposure to
flood hazards.
d.
All such proposals greater than fifty (50) lots or five
(5) acres, whichever is lesser, include, within such
proposals, base flood elevation data.
3. Factory built home development is considered a conditional
use in the Flood Plain District, provided the subject
property is appropriately zoned for such use and further
provided that such development follows the procedures
designed in the Zoning Ordinance for consideration of such
use.
a. For new factory built home parks, for expansions to
existing factory built home parks and for existing
factory built home parks where the repair ,
reconstruction, or improvement of streets, utilities,
and pads equal or exceeds fifty percent (50%) of the
value of the streets, utilities, and pads before the
repair, reconstruction, or improvement has commenced,
it is required that:
(1) Ground anchors for tie downs be provided in
accordance with the Mobile Home Manufacturers
Association standards.
(2) The special flood hazard is disclosed to the factory
built home and/or lot purchaser or lessee in the
purchase contract, deed, or lease. Notification of
both the one hundred (100) year flood elevation and
the regulatory flood protection elevation shall be(
provided.
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10-4-4
10-4-7
(3) Adequate surface drainage and easy access for a hauler is
provided.
(4) In the instance of elevation on piers, lots are large enough to permit
steps, and steel reinforcement is provided for piers more than six
feet (6') high.
(5) Stands or lots are elevated on compacted fill or piers so that the
lowest floor of the home will be one foot (1') above the level of
the one hundred (100) year flood.
b.
For factory built homes moving into existing factory built home parks,
where concrete pads for the placement of factory built homes are in
existence and where street and utility connections are in existence, it is
required that:
(1)
Ground anchors for tie downs are required in accordance with the
Mobile Home Manufacturers Association standards.
(2)
The special flood hazard is disclosed to the factory built home
and/or lot purchaser or lessee in the purchase contract, deed, or
lease. Notification of both the one hundred (100) year flood
elevation and the regulatory flood protection elevation shall be
provided.
4.
All pressurized tanks and other containers storing materials or bulk materials
hazardous to the public health, safety, and welfare shall be anchored to prevent
lateral movement, collapse, flotation, or buoyancy.
10-4-5 Height, Area, Parking Requirements. The height, area, and parking
requirements must conform to the district on which the FP Flood Plain District is
superimposed.
10-4-6 Flood Control Manual. The 2002 Flood Control Manual for the City of
Muscatine, as amended, is hereby adopted by reference. Said Flood Control Manual shall
have the same force and effect as though fully set forth herein. Copies of said Flood
Control Manual are available in the office of the City Clerk.
10-4-7 Definitions. Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most reasonable application.
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10-4-7
10-4-7
Basement - Any enclosed area of a building which has its floor'
or lowest level below ground level (subgrade) on all sides\
Also see "lowest floor."
Development - Any man-made change to improved or unimproved real
estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
Factory-Built Home - Any structure, designed for residential
use, which is wholly or in substantial part, made, fabricated,
formed or assembled in manufacturing facilities for installation
or assembly and installation, on a building site. For the
purpose of this Ordinance factory-built homes include mobile
homes, manufactured homes and modular homes and also include
park trailers, travel trailers and other similar vehicles placed
on a site for greater than 180 consecutive days.
Factory-Built Home Park - A parcel or contiguous parcels of land
divided into two or more factory-built home lots for rent or
sale.
Flood - A general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the
overflow of streams or rivers or from the unusual and rapid
runoff of surface waters from any source.
Flood Elevation - The elevation floodwaters would reach at a
particular site during the occurrence of a specific flood. For
instance, the 100-year flood elevation is the elevation of flood
waters related to the occurrence of the 100-year flood.
Flood Insurance Rate Map - The official map prepared as part of
(but published separately from) the Flood Insurance Study which
delineates both the flood hazard areas and the risk premium
zones applicable to the community.
Flood Insurance Study - A study initiated, funded, and published
by the Federal Insurance Administration for the purpose of
evaluating in detail the existence and severity of flood
hazards; providing the city with the necessary information for
adopting a flood plain management program; and establishing
actuarial flood insurance rates.
Flood Plain - Any land area susceptible to being inundated by
water as a result of a flood.
Flood Plain Management - An overall program of corrective and
preventive measures for reducing flood damages and promoting the
wise use of flood plains, including but not limited to emergency
preparedness plans, flood control works, floodproofing and flood
plain management regulations.
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10-4-7
10-4-7
Floodproofing - Any combination of structural and nonstructural
additions, changes, or adjustments to structures, including
utility and sanitary facilities, which will reduce or eliminate
flood damage to such structures.
Floodway Fringe - Those portions of the flood plain, other than
the floodway, which can be filled, leveed, or otherwise
obstructed without causing substantially higher flood levels or
flow velocities.
Historic Structure - Any structure that is:
1. Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing
on the National Register;
2. Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance
of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a
registered historic district;
3. Individually listed on a State Inventory of Historic Places
in states with historic preservation programs which have
been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places
in communities with historic preservation programs that
have been certified either:
a. By an approved state program as determined by the
Secretary of Interior, or
b. Directly by the Secretary of Interior in states without
approved programs.
Lowest Floor - The floor of the lowest enclosed area in a
building including a basement except when all the following
criteria are met:
a) The enclosed area is designed to flood to equalize
hydrostatic pressure during floods with walls or openings
that satisfy the provisions of Section 10-4-4(C)1(d), and
b) The enclosed area is unfinished (not carpeted, drywalled,
etc.) and used solely for low damage potential uses such as
building access, parking or storage, and
c) Machinery and service facilities (e.g., hot water heater,
furnace, electrical service) contained in the enclosed area
are located at least one (1) foot above the 100-year flood
level, and
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10-4-7
10-4-7
d) The enclosed area is not a "basement" as defined in this
section.
In cases where the lowest enclosed area satisfies criteria
a,b,c, and d above, the lowest floor is the floor of the
next highest enclosed area that does not satisfy the
criteria above.
New Construction (new buildings, factory-built home parks) -
Those structures or development for which the start of
construction commenced on or after the effective date of the
Flood Insurance Rate Map.
One Hundred (100) Year Flood - A flood, the magnitude of which
has a one (1) percent chance of being equaled or exceeded in
any given year or which, on the average, will be equaled or
exceeded at least once every one hundred (100) years.
Recreational Vehicle - A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest
horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use of a permanent dwelling but
as temporary living quarters for recreational, camping,
travel, or seasonal use.
Further, requirements for recreational vehicles placed on sites
within Zones Al-30, AH and AE on the community's FIRM either:
1. Be on the site for fewer than 180 consecutive days.
2. Be fully licensed and ready for highway use, or
3. Meet the permit, elevation and anchoring requirements for
"manufactured homes".
A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by
disconnect type utilities and security devices, and has no
permanent attached additions.
Substantial Damage - A damage or any original sustained by a
structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
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10-4-7
10-4-7
Substantial Improvement - Any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the
structure before the start of construction of the improvement.
This term includes structures which have incurred substantial
damage regardless of the actual repair work performed. The term
does not, however, include either: (a) any project for
improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement officer
and which are the minimum necessary to assure safe living
conditions; or (b) any alteration will not preclude the
structure's continued designation as a historic structure.
Structure - Anything constructed or erected on the ground or
attached to the ground, including, but not limited to,
buildings, factories, sheds, cabins, factory-built homes,
storage tanks, and other similar uses.
Substantial Improvement - Any improvement to a structure which
satisfies either of the following criteria:
1. Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value
of the structure either (i) before the improvement or
repair is started, or (ii) if the structure has been
damaged, and is being restored, before the damage occurred.
For the purposes of this definition, "substantial
improvement" is considered to occur when the first
alteration affects the external dimensions of the
structure. The term does not, however, include any project
for improvement of a structure to comply with existing
state or local health , sanitary , or safety code
specifications which are solely necessary to assure safe
conditions for the existing use.
2. Any addition which increases the original floor area of a
building by 25 percent or more. All additions constructed
after August 25, 1981 shall be added to any proposed
addition in determining whether the total increase in
original floor space would exceed 25 percent.
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10-5-1
10-5-3
TITLE 10 ZONING
CHAPTER 5
FC FLOOD CHANNEL (FLOODWAY) DISTRICT
SECTIONS:
10-5-1 Intent and Purpose
10-5-2 District Boundaries
10-5-3 Permissive Uses
10-5-4 Conditional Uses
10-5-5 Responsibility for Studies
10-5-1 Intent and Purpose. It is the purpose of the Flood
Channel (Floodway) District to apply special regulations to the
use of land in those areas of the City which are subject to
predictable inundation and flow of flood waters such that the
floodway efficiency will not be affected, or its capacity re-
stricted. Such land use controls are necessary to qualify property
owners for flood insurance under the National Flood Insurance
Act of 1968 (as amended). The regulations, while permitting
reasonable economic and social use of such properties, will help
protect the public health, safety, and general welfare and reduce
financial burdens imposed on the community, governmental units,
and its individuals caused by frequent and periodic floods and
the overflow of lands.
10-5-2 District Boundaries. The boundaries of the Flood
Channel (Floodway) District are hereby established as shown on the
National Flood Insurance Program Flood Insurance Rate Map, City
of Muscatine, Iowa, effective and revised August 25, 1981, which
is attached hereto and made a part hereof. All lands included
in such Flood Channel (Floodway) District shall be subject to the
terms imposed herein.
10-5-3 Permissive Uses. The following open space uses shall
be permitted within the Flood Channel (Floodway) District to the
extent that they are not prohibited by any other ordinance and
provided that they do not require structures, fill, or storage
of materials or equipment unless as otherwise provided by this
Ordinance.
(A) Agricultural uses such as general farming, outdoor plant
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10-5-3
10-5-5
nurseries, horticulture, truck farming, sod farming, and
wild crop harvesting.
(B) Industrial and commercial uses such as docks, dock piers,
boat landings, loading areas, parking areas, and airport
landing strips.
(C) Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery ranges,
picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and hiking and
horseback riding trails.
(D) Open space, nonstructural uses such as lawns, gardens, parking
areas, and play areas.
(E) Other water-oriented uses such as dams, power plants,
underground pipelines, canals, drainage ditches, and
bridges, provided such uses shall be approved by the Iowa
Natural Resources Council and meet other applicable
Federal, State, and local regulations (including Section
404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334).
10-5-4 Conditional Uses. No structure (temporary or per-
manent), fill (including fill for roads and levees), deposit,
obstruction, storage of materials or equipment, or other uses shall
be permitted which acting alone or in combination with existing
or proposed uses affects the efficiency of or restricts the
capacity of the floodway, or restricts flood heights. For any
such use, review shall be conducted by the Iowa Natural Resource
Council to determine if the efficiency and capacity of the flood-
way is affected or restricted or if flood heights are increased.
10-5-5 Responsibility for Studies. Where topographic data,
engineering studies, or other studies are needed by the appropriate
City agency and/or Iowa Natural Resource Council to determine the
effects of flooding on a structure and/or the effects of the
structure on the flow of water, the applicant shall submit such
data or studies. All such data shall be prepared by technically
qualified persons. All such data shall be maintained by the
Building and Zoning Administrator.
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10-6-1
10-6-1
TITLE 10 ZONING
CHAPTER 6
R-1, R-2, AND R-3 RESIDENTIAL DISTRICTS
SECTIONS:
10-6-1
Permissive Uses
10-6-2
Conditional Uses
10-6-3
Height, Area, and Off-Street Parking Requirements
10-6-1PermissiveUses.
(A) Single-family dwelling.
(B) Public park or playground.
(C) Place of worship.
(D) Public school, elementary and high, or private school having a curriculum
equivalent to a public elementary or public high school and having no rooms
regularly used for housing or sleeping purposes.
(E) Golfcourse, exceptminiaturecoursesanddrivingteesoperatedforcommercial
purposes.
(F) Agricultural activity, except that all livestock operations or farms with livestock in
excess of ten (10) head shall have a minimum lot area of twenty (20) acres and
shall not locate any feed lot or accessory structures within two hundred feet (200')
of any lot in the R District.
(G) Privately operated lake, swimming pool, tennis court, or similar recreational uses
on a site of not less than five (5) acres, provided that any building in connection
therewith shall be located not less than two hundred feet (200') from any lot in
an R District; but not a miniature golf course or driving tee operated for
commercialpurposes.
(H) Cemeteries existing at the time of the adoption and incorporation of this
amendment December 4, 1986 namely Greenwood Cemetery, Saint Mary's
Cemetery and Memorial Park Cemetery.
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10-6-2
10-6-2
10-6-2ConditionalUses.
(A)
Group home sponsored by a religious, education, or eleemosynary institution,
provided that such home has single kitchen facilities, and further provided that
such home be under twenty-four (24) hour adult supervision; but not a penal or
mental institution; and further provided that not more than fifty percent (50%) of
the site area is occupied by buildings.
(B)
Nursing, rest, or convalescent home, provided that it is located at least fifty feet
(50') from any lot in an R District and is situated on a site of not less than twenty
thousand (20,000) square feet; and further provided that not more than fifty
percent (50%) of the site area is occupied by buildings.
(C)
Hospital, provided that it is located at least one hundred feet (100') from any lot
in an R District and is situated on a site of not less than five (5) acres; and further
provided that not more than fifty percent (50%) of the site area is occupied by
buildings; andfurtherprovidedthatthebuildingbesetbackfromallrequiredyard
lines an additional foot (1') for each foot (1') of building height.
(D) Educational or philanthropic institution, provided that it is located at least fifty
feet (50') from any lot in an R District and is situated on a site of not less than
twenty thousand (20,000) square feet; and further provided that not more than (
fifty percent (50%) of the site area is occupied by buildings.
(E)
Nursery, day care center, or play school, provided that any play lot used in
connection therewith be suitably fenced and screened in accordance with the
requirements of the Zoning Board of Adjustment.
(F)
Conversionofsingle-familyhomesintotwo-familyhomesinthoselocationswhere
on July 19, 1973, more than forty percent (40%) of the frontage on one side of the
street between two (2) intersecting streets was used for two-family homes or
two-familyhomesandmultiple-familydwellings. Off-streetparkingrequirement
ratios must be complied with for each full bath.
(G) Electrical distribution, substation, or pipeline pumping station or water tower.
(H) Cable T.V. broadcast facility and tower.
(I)
Funeral home, provided that the facility is connected to a sanitary sewer; ample
off-street parking is available as determined by the Zoning Board of Adjustment;
all parking areas are screened from adjacent property with a minimum four-foot
high (above vehicle headlights) screening fence (75% opaque), hedge-type
landscaping, or the equivalent; outside lighting does not shine directly onto
adjacentproperty; andthatthefollowingnotbepermitted: crematory, emergency
ambulance service, exterior display of grave monuments or markers.
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10-6-2
10-6-3
(J)
Any contiguous site expansion to existing cemeteries listed in 10-6-1(H) above shall be subject to
review and approval by the Zoning Board of Adjustment.
(K)
Bed and Breakfast Homes within an existing residence constructed prior to 1930 and located in
an R-3 Zoning District. (Refer to DEFINITIONS in Chapter 23).
(L)
Clinic as a Conditional Use in the R-3 Single Family Residential District specifically within the
geographical area described as those lots adjacent to and fronting along Young Avenue, real
estate located on the southeast side of Parham Street between Young Avenue and Cedar Street
and that real estate north of Cedar Street between Parham Street and Muscatine General Hospital.
(M)
Barber or beauty shop within an owner-occupied home consisting of one (1) single chair,
providing a minimum two (2) off-street standard parking stalls for this chair and complying with
the definition of a Home Occupation (12-23-1).
(N)
Iowa Certified Assisted Living Facility. This development provides for integrated levels of
services and housing for senior living arrangements. The intent is a campus like setting on a
minimum of three (3) acres, served by all utilities. The project may consist of a mixture of single
detached units, cluster units with shared common areas and townhouse type congregate living
features.
10-6-3 Height, Area, and Off-Street Parking Requirements
(A)
The limits in feet are as follows:
Minimum
Yards
Maximum
Minimum
Height
District
Front
Side
Rear
Frontage
35
R-1 & R-2
25
10
25
100, 80 (R-2)
35
R-3
25
6
25
60
(B)
The limits in square feet are as follows:
Minimum Lot Area Per Family
Maximum
LotArea
District
Single
20,000
R-1
20,000
10,000
R-2
10,000
7,000
R-3
7,000
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1/18/9084024
3/6/9786482
-448-
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10-6-3
10-6-3
(C) The minimum off-street parking spaces are as follows:
1. Single-family: One (1) per full bath.
2. Place of workshop: One (1) per four (4) seats in main
room.
3. High schools and colleges: Ten (10) per classroom.
4. Elementary schools: Two (2) per classroom.
5. Community center, library, museum, or similar public or
semi-public building: One (1) per every three hundred
(300) square feet in building.
6. Hospital: Two (2) for each bed.
7. Sanitarium or nursing home: One (1) for each three (3)
beds.
8. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
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10-7-1
10-7-1
TITLE 10 ZONING
CHAPTER 7
R-4 RESIDENTIAL DISTRICT
SECTIONS:
10-7-1 Permissive Uses
10-7-2 Conditional Uses
10-7-3 Height, Area, and Off-Street Parking Requirements
10-7-1 Permissive Uses.
(A) Two-family dwelling.
(B) Single-family dwelling.
(C) Rowhouses, townhouses, and three or four-family houses where
the site being developed is one-half (1/2) acre or larger.
(D) Public park or playground.
(E) Place of worship.
(F) Public school, elementary and high, or private school having
a curriculum equivalent to a public elementary or high school
and having no rooms regularly used for housing or sleeping
purposes.
(G) Golf course, except miniature course and driving tees operated
for commercial purposes.
(H) Mobile home park subdivision. Mobile home shall mean a
factory-assembled or manufactured dwelling unit, with the
necessary utility connections, which is transported to a site
and afixed to a permanent frost-free foundation. Mobile homes
shall be located as a Conditional Use in the R-4 District and
comply with Title 10-19-4 of the Zoning Ordinance, if the
site on which they are located is to be leased by the occupant
of the mobile home. If the purpose of the development of a
mobile home park is to sell individual lots in fee to the
occupants of mobile homes, then the following shall apply:
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10-7-1
10-7-1
1. Proposed, mobile home parks shall be a minimum size of
ten (10) acres prior to the subdivision of the tract
into individual lots.
2. Mobile home parks shall be located in the R-4 Residential
District. The rezoning shall be based on a development
plan for the entire mobile home park.
3. The subdivision of real estate for mobile home lots
shall comply with all applicable standards of Title 11
of the City Code, entitled Subdivision Regulations.
Further, said subdivisions shall comply with the
provisions of the design criteria set forth in this
Chapter.
4. Upon development of a mobile home park, the axel, tongue,
and wheels shall be removed, the unit shall be afixed to
a permanent frost-free foundation and the license shall
be turned over to the County Assessor and the unit shall
then be taxed as real property along with the land on
which it is situated.
5. All mobile home park subdivisions shall be developed
in accordance with the design and performance standards
set forth in this Chapter.
6. Design and performance standards:
(a) The minimum area to be considered for a mobile home
park subdivision shall be ten (10) acres; individual
lots shall be a minimum of five thousand (5,000)
square feet. Each lot shall have a minimum of
fifty feet (50') of frontage on an improved public
street.
(b) The following setback criteria shall apply to the
perimeter property lines of each individual lot:
Front yard:
Fifteen feet (15') minimum.
Side yard:
Six feet (6') minimum.
Rear yard:
Ten feet (10') minimum.
(c) A minimum of two (2) improved off-street parking
spaces shall be provided for each mobile home.
(d) All utilities shall be underground.
(e) The only accessory storage structure permitted shall
be a maximum of nine feet (9') by ten feet (10')
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10-7-1
10-7-2
affixed to a four inch (4") thick concrete slab.
Garages for the storage of motor vehicles are
permitted.
(f) The permanent frost-free foundation shall not
extend more than thirty-six inches (36") above
grade.
(g) Landscaping will be required, as appropriate, by
the Planning and Zoning Commission around the
perimeter of the mobile home park subdivision.
This will be determined on a case-by-case review.
(h) All standards for roads, sidewalks, utilities,
easements, and other applicable criteria as
outlined in Title 11 of the City Code, entitled
Subdivision Regulations, shall apply to the
subdivision of real estate for mobile homes.
(i) Private recreation areas are encouraged within the
mobile home park subdivision.
Deed covenants
established by the subdivider may accomplish this,
the ongoing maintenance would be the responsibility
of the subdivider or a homeowner's association.
(j) All fences encroaching into the front yard shall
have .a maximum height of four feet (4') and be of
chain link material. In view of the reduced set-
back requirement, a safe line of sight is needed
as vehicles back into the street.
(k) All restrictive covenants shall be submitted to the
Commission for review, but enforcement of these
provisions shall be the responsibility of the
subdivider, his assigns or homeowners; association
and shall not be the responsibility of the City of
Muscatine.
(l) Other related items may be required by the
Commission and City Council as determined on a case-
by-casereview.
(m) Upon approval of the final plat, any future changes
to the plat and lot arrangement shall be reviewed
and approved by the Commission.
10-7-2 Conditional Uses.
(A) Mobile homes in accordance with the provisions of Section
10-19-4.
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10-7-2
10-7-3
(B) Group home sponsored by a religious, educational, or
eleemosynary institution, provided that such home has single
kitchen facilities; and further provided that such home be
under twenty-four (24) hour adult supervision; but not a penal
or mental institution.
(C) Nursing, rest, or convalescent home, provided that it is
located at least fifty feet (50') from any lot in an R
District and is situated on a site of at least twenty thousand
(20,000) square feet.
(D) Nursery, day care center, or play school, provided that any
play lot used in connection therewith be suitably fenced and
screened in accordance with the requirements of the Zoning
Board of Adjustment.
(E) Electrical distribution station, pipeline pumping station, or
water tower.
(F) Funeral home, provided that the facility is connected to a
sanitary sewer; ample off-street parking is available as
determined by the Zoning Board of Adjustment; all parking
areas are screened from adjacent property with a minimum
four-foot high (above vehicle headlights) screening fence (75%
opaque), hedge-type landscaping, or the equivalent; outside
lighting does not shine directly onto adjacent property; and
that the following not be permitted: crematory, emergency
ambulance service, exterior display of grave monuments or
markers.
(G) Barber or beauty shop not to exceed two (2) chairs, providing
a minimum of two (2) off-street standard parking stalls for
each chair and substantially complying with the definition of
a Home Occupation 910-23-1). Note, where the predominate use
of the structure prior to the ancillary use of a barber or
beauty shop is non-residential, an outside employee with
standard off-street parking (one per employee) may be
considered.
10-7-3 Height, Area, and off-Street Parking Requirements.
(A) The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front
Side
Rear
Frontage
35
25
6
25
50
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10-7-3
10-7-3
(B) The limits in square feet are as follows:
Minimum Lot Area Per Family
Minimum
LotArea
Single Two Multiple
5,000
5,000 2,500 (Note10-7-1(C))
(C) The minimum off-street parking spaces are as follows:
1. Single and two-family and multiple: One (1) per full
bath.
2. Place of worship: One (1) per four (4) seats in main
room.
3. High schools and colleges: Ten (10) per classroom.
4. Elementary schools: Two (2) per classroom.
5. Sanitarium or nursing home: One (1) for each three (3)
beds.
6. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
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10-8-1
10-8-1
TITLE 10 ZONING
CHAPTER 8
R-5 RESIDENTIAL DISTRICT
SECTIONS:
10-8-1 Permissive Uses
10-8-2 Conditional Uses
10-8-3 Height, Area, and Off-Street Parking Requirements
10-8-1 Permissive Uses.
(A) Multiple-family dwellings or townhouses on tracts of less than
three (3) acres.
(B) Rooming house or boarding house.
(C) Single and two-family dwelling.
(D) Group home sponsored by a religious, educational, or
eleemonsynary-institution, provided that such home have
single kitchen facilities; and further provided that such
home be under twenty-four (24) hour adult supervision: but not
a penal or mental institution.
(E) Nursing, rest, or convalescent home, provided that it be
located at least fifty feed (50') from any lot in an R District
and is situated on a site of at least twenty thousand (20,000)
square feet, and further provided that not more than fifty
percent (50%) of the site area is occupied by buildings.
(F) Private club, fraternity, sorority, or lodge, excepting when
the chief activity of which is a service customarily carried
on as a business.
(G) Public park or playground.
(H) Place of worship.
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(I) Public school, elementary and high, or private school having
a curriculum equivalent to a public elementary or public high
school and having no rooms regularly used for housing or
sleepingpurposes.
(J) Golf course, except miniature course and driving tees
operated for commercial purpose.
(K) Clinics, but not animal clinics.
10-8-2 ConditionalUses.
(A) Nursery, day care center, or play school, provided that any
play lot used in connection therewith be suitably fenced and
screened in accordance with the requirements of the Zoning
Board of Adjustment.
(B) Electrical distribution substation, pipeline pumping station,
or water tower.
(C) Funeral home, provided that the _facility is connected to a
sanitary sewer; ample off-street parking is available as
determined by the Zoning Board of Adjustment; all parking
areas are screened from adjacent property with a minimum
four-foot high (above vehicle headlights) screening fence
(75% opaque), hedge-type landscaping, or the equivalent;
outside lighting does not shine directly onto adjacent
property; and that the following not be permitted: crematory,
emergency ambulance service, exterior display of grave
monuments or markers.
(D) Barber or beauty shop not to exceed two (2) chairs, providing
a minimum of two (2) off-street standard parking stalls for
each chair and substantially complying with the definition of
a Home Occupation (10-23-1). Note, where the predominate use
of the structure prior to the ancillary use of a barber or
beauty shop is non-residential, an outside employee with
standard off-street parking (one per employee) may be
considered.
10-8-3 Height, Area, and Off-Street Parking Requirements.
(A) The limits in feet are as follows:
MinimumYards
Maximum
Minimum
Height
Front Side Rear Frontage
35
25
6
25
50
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(B) The limits in square feet are as follows:
Minimum Lot Area Per Family
Minimum
Lot Area
Single Two Multiple
5,000
5,000 2,500 1,000
(C) The minimum off-street parking spaces are as follows:
1. Multiple-family: One and one-half (1 1/2) per dwelling
unit.
2. Rooming and boarding houses: One (1) per every two
hundred (200) square feet of floor area.
3. Single and two-family: One (1) per full bath.
4. Place of worship: One (1) per four (4) seats in main
room.
5. High schools and colleges: Ten (10) per classroom.
6. Elementary schools: Two (2) per classroom.
7. Hospital: Two (2) for each bed.
8. Sanitarium or nursing home: One (1) for each three (3)
beds.
9. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
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10-9-2
TITLE 10 ZONING
CHAPTER 9
R-6 Residential District
SECTIONS:
10-9-1 Permissive Uses
10-9-2 ConditionalUses
10-9-3 Height, Area, and Off-Street Parking Requirements
10-9-1 Permissive Uses.
(A) Single-family or two-family dwelling.
(B) Rowhouses, townhouses, or multiple-family dwellings on tract
no less than three (3) acres nor more than five (5) acres.
(C) Public park or playground.
(D) Place of worship.
(E) Public school, elementary or high, or private school having a
curriculum equivalent to a public elementary or high school
and having no rooms regularly used for housing or sleeping
purposes.
(F) Golf course, except miniature course and driving tees operated
for commercial purposes.
(G) Clinic, except animal clinic.
(H) Nursing, rest, or convalescent home, provided that it be
located at least fifty feet (50') from any lot in an R
District and is situated on a site of at least twenty thousand
(20,000) square feet, and further provided that not more than
fifty percent (50%) of the site area is occupied by buildings.
10-9-2 Conditional Uses.
(A) Nursery, day care center, or play school, provided that any
play lot used in connection therewith be suitably fenced and
screened in accordance with the requirements of the Zoning
Board of Adjustment.
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(B) Electrical distribution substation, pipeline pumping station,
or water tower.
(C) Funeral home, provided that the facility is connected to a
sanitary sewer; ample off-street parking is available as
determined by the Zoning Board of Adjustment; all parking
areas are screened from adjacent property with a minimum
four-foot high (above vehicle headlights) screening fence
(75% opaque), hedge-type landscaping, or the equivalent;
outside lighting does not shine directly onto adjacent
property; and that the following not be permitted: crematory,
emergency ambulance service, exterior display of grave
monuments or markers.
(D) YMCA, a YWCA, or a Family "Y" which is affiliated with the
National "Y" Organization, provided that any substantial
change in activities to be conducted on the site after
original approval shall be subject to review by the Zoning
Board of Adjustment in the same manner as the original
Conditional Use.
(E) Barber or beauty shop not to exceed two (2) charis, providing
a minimum or two (2) off-street standard parking stalls for
each chair and substantially complying with the definition of
a Home Occupation (10-23-1). Note, where the predominate use
of the structure prior to the ancillary use of a barber or
beauty shop is non-residential, an outside employee with
standard off-street parking (one per employee) may be
considered.
10-9-3 Height, Area and Off-Street Parking Requirements.
(A) The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front
Side
Rear
Frontage
35
25
6
25
50
(B) The limits in square feet are as follows:
Minimum Lot Area Per Family
Minimum
LotArea
Single Two Multiple
7,000
7,000
3,000
3,000
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(C) The minimum off-street parking spaces are as follows:
1. Single and two-family: One (1) per full bath.
2. Multi-family: One and one half (1 1/2) per dwelling.
3. Place of worship: One (1) per four (4) seats in main
room.
4. High schools and colleges: Ten (10) per classroom.
5. Elementary schools: Two (2) per classroom.
6. Community center, library, museum, or similar public or
semi-public building: One (1) per every three hundred
(300) square feet in building.
7. Hospital: Two (2) for each bed.
8. Sanitarium or nursing home: One (1) for each three (3)
beds.
9. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
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10-10-1
10-10-2
TITLE 10 ZONING
CHAPTER 10
R-L LARGE SCALE RESIDENTIAL DEVELOPMENT DISTRICT
SECTIONS:
10-10-1
10-10-2
10-10-3
10-10-4
10-10-5
10-10-6
10-10-7
10-10-8
10-10-9
10-10-10
10-10-11
10-10-12
10-10-13
10-10-14
10-10-15
Purpose
Location
Intensity of Land Use
PermissiveUses
Height and Parking Requirements
Open Space
Conditions Filing
Procedures
Approval of Outline Development Plan
Preliminary Development Plan
Final Development Plan
BuildingPermits
Failure to Begin Planned Development
Changes in Final Development Plan
Enforcement
10-10-1 Purpose. The R-L District is intended to provide the
developer of land in the City of Muscatine the opportunity to
creatively, economically, and aesthetically develop the property
based upon a comprehensive plan for its development. It is the
purpose of this Chapter to encourage flexibility in the design and
development of land in order to promote its most appropriate use;
to facilitate the adequate and economic provision of streets and
utilities; and to preserve the natural and scenic qualities of open
areas.
10-10-2 Location. The R-L District may be applied anywhere in
the City, provided that the objectives and provisions of this
Chapter are satisfied and that the planned development is
consistent with the spirit and intent of the City's Comprehensive
Plan.
(A) Any planned development in which apartments ,
condominiums, or townhouses are proposed, or in which a
mixture of apartment, condominium, townhouse, single
and/or two-family housing types are proposed, and for
which development of at least five (5) acres is proposed,
shall conform to the requirements set forth herein.
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10-10-4
10-10-3 Intensity of Land Use. The following chart shall be
used to determine the residential density range to be permitted
within the R-L District:
Type of Development
Maximum Density Per Acre
Garden apartments (2-3 stories)
15 units or 38 bedrooms
Mid-rise apartments (4-6 stories)
28 units or 57 bedrooms
High-rise apartments (above 6 stories) 60 units or 130 bedrooms
Townhouse
10 units or 25 bedrooms
(A) Where a proposed R-L development is a combination of
different residential types, the Planning and Zoning
Commission shall evaluate the planned development's
density range based upon the relative proportion of
residential types proposed. If single or two-family
houses are proposed, each house must have a minimum lot
area of seven thousand (7,000) square feet; this may
consist of direct ownership and/or common interest in
real estate within the development.
10-10-4 Permissive Uses.
(A) Single-family, two-family, townhouse and multiple-family
residential.
(B) Park or playground.
(C) Customary accessory or associated uses, such as private
garages, storage spaces, recreational, and community
facilities.
(D) Additional uses shall be allowed only to the extent that
the Planning and Zoning Commission find them to be:
1. Designed to serve primarily the residents of the R-
L District.
2. Compatibly and harmoniously incorporated into the
unitary design of the development.
3. Compatibly and harmoniously related to adjacent
neighborhood uses. Such additional uses may
include:
(a) Place of worship.
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(b) Public or private school.
(c) Institution.
(d) Public or semi-public facility.
(e) Golf course, tennis courts, swimming pool, or
other sports facilities.
(f) Nursery, rest, or convalescent home.
(g) Day care center.
10-10-5 Height and Parking Requirements
(A) The limits in feet are as follows:
1. Maximum height: None.
2. Minimum yards: None.
3. Minimum width: None.
(B) The minimum off-street parking spaces are as follows:
1. Multiple-family: One and one-half (1 1/2) per
dwelling unit.
2. Single and two-family residential: One (1) per full
bath.
3. Place of worship: One (1) per four (4) seats in
main room.
4. High schools and colleges: Ten (10) per classroom.
5. Community center, library, museum, or similar
public or semi-public building: One (1) per every
three hundred (300) square feet.
6. Sanitarium or nursing home: Two (2) for each bed.
7. All other nonresidential buildings: One (1) per
every three hundred (300) square feet.
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10-10-6
10-10-7
10-10-6 Open Space. A minimum of twenty-five percent (25%) of
the R-L site area shall be developed as open space, including
walkways, plazas, landscaped areas, pools, fountains, and
playgrounds. Parking areas and vehicle access facilities shall not
be considered in calculating open spaces.
10-10-7Conditions.
(A) The Planning and Zoning Commission may recommend and the
City Council may impose conditions regarding the layout,
circulation, performance, preservation, care, and
maintenance of the proposed development and may require
that appropriate deed restrictions be filed.
(B) Upon recommendation of the Planning and Zoning
Commission, the City Council may require the developer to
file a bond or security to secure the City for the actual
construction and installation to specifications
determined by or in accordance with the regulation of the
City Council.
1. Street Improvements. Streets shall be filled or
excavated to the grade approved by the City and set
by the City Engineer. All streets shall be graded
the full platted width and pavement shall be
constructed of seven inches (7") Portland cement
concrete pavement, unless otherwise concurred with
by the City Engineer and approved by the Planning
and Zoning Commission and City Council.
2. Sewers .
(a) The developers shall make adequate provision
for disposal of sanitary sewage from the
proposed development. The developers shall, at
their expense, construct a sanitary sewer
system, including all necessary pumping
stations, manholes, and other necessary
appurtenances to provide for the discharge of
sanitary sewage from all lots or parcels of
land within the proposed development with an
existing City sanitary sewer; such sewage
system to be designed and constructed in
accordance with the standards and
specifications of the City. Design and
construction of the sewage system and sewer
grades must be approved by, and shall be under
the supervision and inspection of the City
Engineer. The developers may be required to
pay a reasonable charge for such engineering,
inspection service and hookup fees.
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10-10-8
(b) Storm Sewers. Storm drainage structures shall
be constructed where needed as determined by
the City Engineer. Minimum size of all storm
sewer shall be twelve inch (12") Class III
reinforced concrete pipe.
(c) When it is impracticable to connect such
sewage system with an existing City sewer and
it is necessary to dispose of such sanitary
sewage by a septic system, such system and the
installation thereof shall meet the standards
and specifications set by the Department of
Public Health, State of Iowa.
3. Water and Gas Service. The developer shall install,
or cause to be installed, all necessary water
mains, fire hydrants, and gas mains as approved by
local utilities and the City.
4. Electric Service. The developer shall install, or
cause to be installed, all necessary electric
transmissionlines.
5. Sidewalks. Sidewalks shall be installed, or cause
to be installed, by the developer according to
specifications prescribed by the City and located
and set at the grade established by the Engineer.
10-10-8 Filing Procedures. The procedure for obtaining a
change of zoning district to R-L shall be as follows:
(A) A petition for a zoning change to R-L shall be submitted
to the Community Development Department. Such petition
shall comply with all applicable provisions of the Zoning
Ordinance and rules of procedure of the Planning and
ZoningCommission.
(B) The applicant shall accompany the request for a zoning
change with four (4) copies of an outline development
plan. The outline development plan shall include both
maps and written statement, and must show enough of the
area surrounding the proposed planned development to
demonstrate the relationship of the development to
adjoining uses, both existing and proposed.
(C) The outline development plan must contain the following
information:
1. Maps and Diagrams. Maps and diagrams may be in
general schematic form but must include:
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(a) The title by which the development is to be
known and recorded.
(b) The existing topographic character of the site
and adjacent land.
(c) Existing and proposed land uses and the
approximate locations of buildings and other
structures and their exterior facades.
(d) The character and approximate density of
dwellings.
(e) The approximate locations, width, and
dimensions of all existing and proposed
streets, alleys, walkways, and thoroughfares.
(f) The locations and approximate dimensions of
all areas to be reserved for future use as
school sites, parks, playgrounds, or similar
features.
(g) The locations, approximate dimensions, and
character of all areas, sites, grounds,
streets, or similar features which are to be
dedicated for public use.
(h) Landscaping and tree planting plan.
(i) The location and approximate dimensions of
parking lots and areas.
(j) The locations and size of existing storm
and/or sanitary sewers, water mains, or field
drains within or readily accessible to the
tract.
(k) The location and character of all existing
easements.
(1) The bearing and distance from monumented
block or lot corner within the tract to some
corner of a congressional district division
within the City.
(m) A plat giving the names, as shown on the last
deed of record, of all property owners within
two hundred feet (200') of the perimeter of
the tract.
(n) A legal description of the tract.
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(o) The name and seal of the registered engineer
or surveyor who prepared the documents.
2. Written Statement. The written statement must
contain the following information:
(a) A statement of the character of the planned
development, to include:
(1) Its relationship to the Comprehensive
Plan of the City of Muscatine.
(2) Its relationship to adjoining uses, both
existing and proposed.
(3) Its relationship to topographic features
of the site and adjacent land.
(4) Limiting conditions such as soils,
excessive grade or slope, unstable
ground, high water table, etc.
(b) A general indication of the expected schedule
of development.
(c) A statement of the present ownership of all
land included within the planned development.
(d) A list of the current addresses of all
property owners within two hundred feet (200')
of the perimeter of the tract.
10-10-9 Approval of Outline Development Plan.
(A) Within ninety (90) days after the filing of the outline
development plan, the Planning and Zoning Commission
shall forward the outline development plan to the City
Council with a written report recommending that the plan
be approved, approved with modifications, or disapproved
and giving the reasons for these recommendations.
1. Recommendations from City staff and general
concurrence of utility companies are required in
conjunction with the Planning and Zoning Commission
review.
2. The Planning and Zoning Commission shall hold a
public meeting prior to making a recommendation on
the proposal. The public meeting shall be held in
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10-10-9
accordance with State and Municipal codes and
Planning and Zoning Commission rules of procedure.
(B) The Planning and Zoning Commission shall consider the
following factors in making its recommendation to the
City Council:
1. That the proposal substantially conforms to the
Comprehensive Plan for the City.
2. That the existing character of the neighborhood
will not be adversely affected, and that adequate
safeguards are provided to minimize possible
detrimental effects on adjacent properties and the
neighborhood.
3. That there is ample provision for water supply,
sanitary sewage disposal, storm and surface water
drainage, and other utilities.
4. That soil conditions, natural characteristics,
topography, and geography do not present a
substantial hazard to development.
5. That there is adequate availability to police and
fire protection, parks and recreational facilities,
schools, and other community facilities and public
services.
6. That the location, height, and bulk of buildings
and structures on the site are in proportion to
each other and relate well to other structures and
visual perspective in the vicinity.
7. That patterns of pedestrian circulation and the
effective use and design of open spaces,
landscaping, exterior facade, and amenities are
considered.
8. That vehicular access is adequate to and within the
site, that parking and loading spaces are adequate
and well located, and that there are no conflicts
between vehicular traffic and other uses and
activitiesproposed.
9. That the proposed installation of driveways,
landscaping, and other site details are generally
in harmony with the proposed structures, adjacent
properties, and with the rights and interest of the
general public.
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(C) After receiving the Planning and Zoning Commission's
recommendations, the City Council shall hold a public
hearing as provided by the Code of Iowa. Subsequent to
holding said public hearing, the City Council shall
approve, approve with modifications, or disapprove the
outline development.
1. If the outline development plan is approved, the
City Council shall amend the Zoning Map to show the
R-L District.
2. If the outline development plan is approved with
modifications, the City Council shall not amend the
Zoning Map until the applicant has filed with the
City Council written consent to the plan as
modified.
3. No building permits may be issued on land within
the R-L District until the final development plan
has been approved under the procedures provided in
the following sections.
10-10-10 Preliminary Development Plan.
(A) Within six (6) months after an outline development plan
has been approved, an applicant shall file a preliminary
development plan with the Community Development
Department. Upon the filing of a preliminary development
plan, the Community Development Director shall
immediately refer one (1) copy of such plan to the City
Engineer and one (1) copy to the Building and Zoning
Administrator. This preliminary plan shall then be
presented at the next regular Planning and Zoning
Commission meeting.
(B) The Planning and Zoning Commission may authorize the
submission of preliminary development plans in stages, if
so requested by the applicant.
(C) If a preliminary development plan covering at least
twenty percent (20%) of the area of the outline
development plan has not been submitted within six (6)
months following the approval of the outline development
plan, the City Council may withdraw its approval of the
outline development plan. In its discretion and for good
cause, the City Council may extend for three (3) months
the period for filing the preliminary development plan.
(D) The preliminary development plan shall include all of the
followinginformation:
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1. The location, width, and dimensions of all existing
and proposed thoroughfares, streets, alleys,
sidewalks, and walkways.
2. All plot lines and plot designs (if applicable).
3. Areas proposed to be conveyed, dedicated, or
reserved for parks, parkways, playgrounds, school
sites, public buildings, and similar public or
semi-publicuses.
4. The location and dimensions of each building site,
common open area, improvement, and indication of
open spaces around buildings and structures.
5. Elevation and perspective drawings of proposed
structures and improvements, except single-family
residences and single-family residence accessory
buildings. These drawings need not be of final
architectural decisions and need not be in detail.
6. A development schedule indicating approximate dates
for start and completion of the project, if such
schedule varies considerably from the schedule
submitted with the outline development plan.
7. All agreements, provisions, or covenants which will
govern the use, maintenance, protection ,
performance, and/or design of the development and
any of its common open areas.
8. Off-street parking plan.
9. A circulation diagram indicating proposed movement
of vehicles and pedestrians within the development
and to and from existing features and location and
type of traffic regulation devices needed to
facilitate or ensure the safety of this circulation
pattern.
10. A landscaping and tree planting plan.
11. The location and size of all existing storm or
sanitary sewers, water mains, or field drains
within or readily accessible to the development.
12. The location and character of all existing
easements and those proposed to be provided by the
owner.
13. The location of all proposed sewers.
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14. The location of all proposed water and gas mains.
15. Grading plan, to include the location of waterways
on the site or on adjacent land, and drainage plan
with sufficient control grades to indicate the
intent of the developer.
16. The scale used on the drawings.
17. Any other plans, diagrams, or information, as
requested by the Planning and Zoning Commission or
the City Council.
(E) The preliminary development shall be prepared by and have
the seal of an architect or engineer duly registered to
practice in the State of Iowa.
(F) Approval of Preliminary Development Plan. Recognizing
that some developments may proceed in stages and only in
conjunction with outside phased financing approval,
utility installation and related indirect action, the
developer and City may jointly decide on the following
approval process:
1. The Planning and Zoning Commission shall review the
preliminary development plan to determine if it is
in substantial compliance with the outline
development plan and recognized principles of civic
design, land use, and landscape architecture. A
recommendation of the City staff is required prior
to Planning and Zoning Commission review. The
Commission may then recommend to the City Council,
within forty-five (45) days after the filing of the
preliminary development plan, that the plan be
approved, approved with modifications, or
disapproved.
2. After receiving the preliminary development plan,
the Commission may mutually agree with the
developer to concurrently review the preliminary
and final development plan as a single process. If
this option is selected, then the Commission shall
forward a recommendation to City Council on the
final development plan.
3. If the City Council disapproves a preliminary or
final development plan, the applicant shall re-file
within forty-five (45) days of disapproval, or the
City Council may withdraw its approval of the
outline development plan.
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10-10-11
10-10-11 Final Development Plan.
(A) Within six (6) months following the approval of the
preliminary development plan, the applicant shall file
copies of a final development plan. The Community
Development Director shall refer one (1) copy of the plan
and accompanying papers to the Building and Zoning
Administrator and one (1) copy to the City Engineer for
review prior to the next Commission meeting.
1. In its discretion and for good cause, the Planning
and Zoning Commission may extend for six (6) months
the period for the filing of the final development
plan, upon request of the applicant.
(B) The Planning and Zoning Commission shall review the final
development plan and shall recommend to the City Council
within forty-five (45) days after the filing of the final
development plan, that the plan be approved if that plain
is in substantial compliance with the approved
preliminary development plan. If the preliminary
development plan had been approved by the City Council
with modifications, the final development plan shall
include those modifications.
1. If the City Council disapproves a final development
plan, the applicant shall file with the Community
Development Department a revised final development
plan within forty-five (45) days of the date of
disapproval, or the City Council may withdraw its
approval of the outline development plan.
(C) The final development plan shall include all those items
required by the preliminary development plan and, in
addition, the following information:
1. The proposed names of all streets, public ways, and
places dedicated for public use; and the location,
width, dimensions, and specifications of all
streets, alleys, sidewalks, and walkways.
2. The type and location of all permanent monuments at
block and lot corners and elsewhere within the
development.
3. All radii, arcs, chords, points of tangency, and
central angles for curved streets and the radii of
all rounded curves.
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4. The location, size, grade, and specifications of
all proposed sewers, pumping stations, manholes,
and other necessary appurtenances.
5. The location, size, grade, and specifications of
all proposed water and gas mains; and the location,
size, and specifications of all fire hydrants.
6. The location and character of all proposed electric
transmissionlines.
7. The certification of the engineer or architect
preparing the documents with his or her license
number and seal and the date of preparation.
8. Certificate of approval for construction of water,
electric, and gas service from the respective
utility companies accompanied by a plat showing any
easementsrequired.
9. Three (3) sets of improvement plans and profile.
All plans and drawings are to be submitted on
twenty-four inch by thirty-six inch (24" x 36")
plan and profile paper. Note: Any plans or profiles
for recording in the Office of the County Recorder
shall be eleven inches by seventeen inches (11" x
17").
10. Three (3) copies of all easement agreements for
utility or other purposes.
11. Three (3) copies of a proposed resolution to be
adopted by the City Council accepting lands to be
dedicated for public use.
12. Three (3) copies of any agreement to be entered
into between the applicant and the City of
Muscatine providing for the grading of streets and
installation of sewer system and other utilities or
other improvements as may be required.
13. Three (3) copies of any deed restrictions or
convenants required by the City Council under
Section 10-10-7(A) of this Ordinance, or any other
conditions imposed by the City Council under
Section 10-10-7 of this Ordinance.
14. Three (3) copies of a proposed resolution to be
adopted by the City Council approving and accepting
the final development plan.
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10-10-12
10-10-15
10-10-12 Building Permits.
(A) Upon approval of the final development plan, the Building
and Zoning Administrator shall issue building permits in
accordance with all applicable State and local codes,
regulations, and ordinances for buildings and structures
in the area covered by the approved final development
plan.
10-10-13 Failure to Begin Planned Development
(A) If no construction has begun or no use established in the
planned development within one (1) year from the approval
of the final development plan, the final development plan
shall lapse and be of no further effect. In its
discretion and for good cause, the Planning and Zoning
Commission may extend for six (6)additional months the
period for the beginning of the construction or the
establishment of a use.
(B) If a final development plan lapses under the provisions
of this Section, the Community Development Director shall
remove the planned development from the Zoning Map and
shall file a notice of revocation of the recorded final
development plan. The zoning regulations applicable
before the final development was approved shall then be
revised and in effect.
10-10-14 Changes in Final Development Plan.
(A) No changes shall be made in the approved final
development plan during the construction of the planned
development, except under authorization by the Planning
and Zoning Commission. No amendments shall be made in the
approved final development plan, unless they are shown to
be required by change in conditions that have occurred
since the final development plan was approved or by
changes in the development policy of the community.
10-10-15Enforcement.
(A) At least once every six (6) months following the approval
of the final development plan, the Building and Zoning
Administrator shall review all of the building permits
issued for the planned development and examine the
construction which has taken place on the site. The
construction and provision of all of the common open
spaces and public and recreational facilities which are
shown on the final development plan must proceed at the
same rate as the construction of dwelling units.
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10-10-15
10-10-15
(B) If the Building and Zoning Administrator finds that the
final development plan has not been followed, he or she
shall forward this information to the Planning and Zoning
Commission, which may recommend to the City Council
revocation of approval of the final development plan.
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10-11-1
10-11-1
TITLE 10 ZONING
CHAPTER 11
C-1 NEIGHBORHOOD AND GENERAL COMMERCIAL DISTRICT
SECTIONS:
10-11-1
Permissive Uses
10-11-2
Conditional Uses
10-11-3
Height, Area, and Off-Street Parking Requirements
10-11-4
Site Plan Review
10-11-1PermissiveUses.
(A)
Any retail business establishment such as Large Scale Retail Development; appliance
store; auto accessory store; bakery with baking limited to goods for retail sale on the
premises; book or stationery store; restaurant, cafeteria, bar, or tavern, but not drive-in
establishments; camera or photographic supply shop; candy or ice cream store;
delicatessen; drug store; fabric shop; floor covering store; florist shop; furniture store,
including incidental upholstering; gift shop; grocery store; haberdashery or women's
ready-to-war store; tire sales and service; hardware or paint store; variety store; and other
uses of a similar character, except there shall be no slaughtering of animals or poultry nor
commercial fish cleaning and processing on the premises.
(B)
Personal service uses such as a bank or other financial enterprise; barber or beauty shop;
business or professional office; funeral home; theater, but not drive-in theater;
photographic or art studio; laundry or dry cleaning receiving station; self-service laundry
or cleaning establishment; messenger, taxicab, newspaper, or telegraphic branch station;
medical or dental clinic, but not animal clinic; dressmaking; tailoring; shoe repair; repair
of household appliances and bicycles; catering; and other uses of a similar character.
(C)
General service and repair establishments, such as plumbing and heating; printing and
painting; and upholstering.
(D)
Residence when located on the second story of a building or above.
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10-11-1
10-11-3
(E) Place of worship and religious, education, instructional,
and institutional service.
(F) Office or office building.
(G) Indoor recreation facility.
(H) Public park or playground.
(I) Bus terminal .
(J) Private club, fraternity, sorority, or lodge.
10-11-2 Conditional Uses.
(A) Automobile service station or automobile repair shop.
(B) Drive-in establishments, including drive-in restaurants and
drive-in theaters.
(C) Used car sales.
(D) Farm store or feed store, including accessory storage of
liquid or solid fertilizer.
(E) Electrical distribution substation, pipeline pumping station,
or water tower.
(F) Hotel or motel.
(G) Mobile home, boat, or farm implement sales.
(H) Veterinarian clinic, animal hospital, or kennel.
(I) Any other use that is determined by the Zoning Board of
Adjustment to be of the same general character as the fore-
going permissive uses, in accordance with Section 10-22-1
of this City Code.
10-11-3 Height, Area, and Off-Street Parking Requirements.
(A) The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front
Side
Rear
Frontage
45
20
6
20
None
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10-11-3
10-11-4
(B)
The limits in square feet are as follows:
Minimum Lot Area Per Family
Minimum
Lot Area
Single
Two
Multiple
None
N/A
N/A
1,000
(C)
The minimum off-street parking spaces are as follows:
1. Restaurants and drive-in restaurants: One (1) per one hundred (100) square feet of
floor area.
2. Retail food stores over four thousand (4,000) square feet: One (1) per two hundred
(200) square feet of floor area.
3. Residence on second story of building: One (1) per full bath.
4. Place of worship: One (1) per four (4) seats in main room.
5. Community center, library, museum, or similar public or semi-public building: One
(1) per every three hundred (300) square feet in building.
6. All other non-residential buildings: One (1) every three hundred (300) square feet.
7. In Large Scale Retail Development, shared parking is permitted. The assignment
of the same parking spaces to two or more different uses with off peak parking
needs would satisfy the minimum off-street parking space requirement. Example,
retail shopping and cinemas meet the off peak parking needs. The property owner
shall present the proposed shared parking plan to the Site Plan Review Committee
for review and approval.
10-11-4 Site Plan Review. Refer to Section 10-2-7(I).
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10-12-1
10-12-2
TITLE 10 ZONING
CHAPTER 12
C-2 CENTRAL COMMERCIAL DISTRICT
SECTIONS:
10-12-1 Permissive Uses
10-12-2 Conditional Uses
10-12-3 Height, Area, and Off-Street Parking Requirements
10-12-4 Site Plan Review
10-12-1 Permissive Uses.
(A) Any permissive use in the C-1 District.
(B) Printing or newspaper publishing plant.
(C) Hotel or motor hotel.
(D) Laundry .
(E) Auto service station or automobile repair shop.
(F) Wholesale merchandising or storage warehouse.
(G) Public parking lot, customer, and other accessory parking
area.
(H) Private club, fraternity, sorority, or lodge.
10-12-2 Conditional Uses.
(A) Electrical distribution substation and pipeline pumping
station.
(B) Manufacture or assembly of wood or paper products.
(C) Any other use that is determined by the Zoning Board of
Adjustment to be of the same general character as the fore-
going permissive uses, in accordance with Section 10-12-1
of the City Code.
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10-12-3
10-12-4
10-12-3 Height, Area, and Off-Street Parking Requirements.
(A) There shall be a maximum floor area ratio of 4:1 with
buildings not to exceed eight (8) stories, except that where a
building is set back from one (1) or more lot lines, the floor
area of such building or buildings may be increased by two
(2) square feet of additional floor area for each square foot
of open area provided. Maximum floor areas may be further
increased by one (1) square foot of open space that is
landscaped and planted and not paved.
(B) The limits in feet are as follows:
Minimum Yards
Minimum
Front
Side
Rear
Frontage
None
None
None
None
(C) The limits in square feet are as follows:
Mimimum Lot Area Per Family
Minimum
Lot Area
Single Two Multiple
None
None
None
None
(D) The minimum off-street parking spaces are as follows:
1. Wholesale warehouse or similar establishment: One (1)
per five hundred (500) square feet of floor area.
2. Residential: One (1) per full bath.
3. Place of worship: One (1) per four (4) seats in main
room.
4. Community center, library, museum, or similar public
or semi-public building: One (1) per every three
hundred (300) square feet in building.
Exception: All nonresidental uses within the C-2 District
shall be exempt from off-street parking requirements.
10-12-4 Site Plan Review. Review to Section 10-2-7(I).
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10-13-1
10-13-2
TITLE 10 ZONING
CHAPTER 13
C-3 PLANNED COMMERCIAL DISTRICT
SECTIONS:
10-13-1 Permitted Uses
10-13-2 Requirements of Plans
10-13-1 Permitted Uses. A building or premises on tracts
of land may be used only for the retail sale of merchandise;
services, banks, and financial institutions; restaurants; general
and professional offices; service stations; recreation, except
outdoor theaters; parking areas; and other similar facilities.
Before land is used or a building erected or used for any of
the above purposes, a preliminary plan and a final plan shall be
approved by the City Council, upon recommendation from the Planning
and Zoning Commission, for all contiguous property within this
District in any one location. The City Council shall have thirty
(30) 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. Final plans will be
approved when in accordance with approved preliminary plans. From
time to time, the proponents may make changes in the approved final
plan, so long as such changes have been approved by the Planning
and Zoning Commission or upon denial of approval by said Commission,
with the approval of the Council. What constitutes a "minor" change
will be determined in the sole discretion of the Commission. No
building or occupancy permits shall be issued for any building or
use that is not in accordance with an approved final plan.
10-13-2 Requirements of Plans. The preliminary plan shall:
(A) Be drawn to scale.
(B) Show boundaries of property to be developed.
(C) Show the proposed size, location, use, and arrangement of
stalls and the number of cars, entrance and exit driveways,
and their relationship to existing and proposed streets.
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10-13-2
10-13-2
(0) Indicate location, type, use, and size of structures on
adjacent properties within two hundred feet (200') of the
proposed development.
(E) Provide for the dedication of any rights-of-way for the
widening, extension, or connection of major streets as shown
on the official plan.
(F) Indicate the stages, if any, which will be followed in
construction.
The final plan shall be the standard 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.
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10-14-1
10-14-1
TITLE 10 ZONING
CHAPTER 14
M-1 LIGHT INDUSTRIAL DISTRICT
SECTIONS:
10-14-1
10-14-2
10-14-3
10-14-4
10-14-5
PermissiveUses
Conditional Uses
Height, Area, and Off-Street Parking Requirements
NoteApplicableCriteriaforPermissiveandConditionalUses
Site Plan Review
10-14-1 Permissive Uses. (See Note 10-14-4)
(A)
Any use permitted in the C-2 District, as long as the users are not offensive due
to emission of noise, odor, dust, gas, smoke, or vibration, except that no dwelling
other than that for a resident watchman or caretaker employed on the premises
shall be permitted, with the exception of a single-family dwelling located on a lot
two (2) acres or more in size.
(B)
Themanufacturing, assembling, ortreatmentofarticlesormerchandisefromthe
followingpreparedmaterial: canvas, cellophane, cloth, fiber, glass, leather, paper,
plastic, precious or semi-precious metals or stones, rubber, textiles, wood, and
yarn.
(C)
The manufacturing or assembly of bolts, nuts, screws, and rivets; boats;
ornamentalironproducts; firearms; electricalappliances; electronicinstruments
and devices; tools, dies, machinery, and hardware products; medical and dental
equipment; draftingandopticalinstruments; musicalinstruments; watchesand
clocks; andtoysandgames.
(D) Themanufactureorstorageoffoodproducts, includingbeveragebottling, bakery
products, candymanufacture, fruitandvegetableprocessingandcanning; butnot
packing and processing of meat and poultry products, distilling of beverages, or
slaughteringofanimals.
(E)
The manufacture, compounding, processing, packaging, or treatment of
suchproductsascosmetics, pharmaceuticals, andtoiletries.
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10-14-1
10-14-3
(F)
Buildersorcontractorsplantorstorageyard; buildingmaterialssalesandstorage
yard, includingconcretemixing; andlumberyard, includingmillwork.
(G)
Open yard for storage and sale of feed, fertilizer, or fuel.
(H)
Automobile, truck, trailer, andgardenandfarmimplementestablishmentsfor
sales, display, andhire, includingsaleslots.
(I)
Truck or motor freight terminals, provided that service yards or docks are located
at least two hundred feet (200') from any lot in an R District.
(J)
Drive-in restaurant.
(K)
Animalhospital, veterinaryclinic, orkennel, providedthatbuildingsorenclosures
are at least one hundred feet (100') from any lot in an R District.
(L)
Publicorprivateopen-airrecreationaluses, providedthatsuchusesarenotwithin
two hundred feet (200') of any R District.
(M)
Greenhouse or nursery.
(N) Agricultural activity, except that all livestock operations or farms in excess of
ten (10) head shall have a minimum of twenty (20) acres.
10-14-2 Conditional Uses. (See Note 10-14-4)
(A) Electrical distribution substation, pipeline pumping station, or water tower.
(B) Any other use that is determined by the Zoning Board of Adjustment to be of the
samegeneralcharacterastheforegoingpermissive-uses.
(C)
Solid Waste Transfer Station.
10-14-3Height, Area, andOff-StreetParkingRequirements.
(A) The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front Side
Rear
Width
75
30
None
None
None
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10-14-3
10-14-4
(B) The minimum off-street parking spaces are as follows:
1. Manufacturing or industrial establishment: Two (2)
parking spaces for every three (3) employees on the
maximum shift, plus vehicles used in connection therewith.
2. Place of worship: One (1) per four (4) seats in main
room.
3. Community center, library, museum, or semi-public
building: One (1) per every three hundred (300) square
feet in building.
4. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
10-14-4 Note Applicable Criteria for Permissive and
Conditional Uses. In the event of new construction or substantial
improvements, that is, the repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value, the Permissive and Conditional Uses of
this district shall comply with the following applicable criteria:
(A) Noxious fumes including dust, that is, fumes and dust which
are in sufficient quantity to be harmful to health, shall
not be emitted beyond the property line.
(B) Noise, including vibration, shall not cause the ambient noise
level as measured at the property line to exceed 75 decibels
(dbA).
(C) In such cases where new construction or substantial improve-
ments of a nonresidential nature are proposed adjacent to
existing residential units, no direct outside lighting shall
shine onto adjacent property.
(D) In such cases where new construction or substantial improve-
ments of a nonresidential nature are proposed adjacent to
existing residential units, outside trash receptacles and out-
side storage of equipment shall be screened from view by
fencing (at least seventy-five percent (75%) opaque) or
landscaping of sufficient height and density to provide
screening at maturity or within three (3) years.
10-14-5 Site Plan Review. Refer to Section 10-2-7(I).
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10-15-1
10-15-2
TITLE 10 ZONING
CHAPTER 15
M-2 GENERAL INDUSTRIAL DISTRICT
SECTIONS:
10-15-1 Permissive Uses
10-15-2 Conditional Uses
10-15-3 Height, Area, and Off-Street Parking Requirements
10-15-4 Site Plan Review
10-15-1 Permissive Uses.
(A) Any use, except the following conditional uses and except
that no dwelling other than that for a resident watchman or
caretaker employed on the premises is permitted.
10-15-2 Conditional Uses.
(A) Acid manufacture.
(B) Auto salvage and wrecking operations, industrial and waste
salvage operations, and junkyards, provided that all
operations are conducted within an area enclosed on all sides
with a solid wall of fence not less than eight feet (8') in
height, located not less than two hundred feet (200') from
any R District and one hundred feet (100') from any C District.
No pile of salvage, scrap, or other material shall be higher
than eight feet (8').
(C) Bulk manufacturing, processing, and/or storage plants.
(D) Cement, lime, gypsum, or other similar manufacture.
(E) Distillation, manufacture, or refining of bones, coal, or
tar asphalt.
(F) Explosives manufacture or storage.
(G) Fat, grease, lard, or tallow rendering or refining.
(H) Fertilizer manufacture.
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10-15-2
10-15-3
(I) Gas manufacture and distribution.
(J) Garbage, offal, or dead animal disposal.
(K) Glue manufacture .
(L) Packing plant, slaughter house, or stockyard.
(M) Petroleum products terminal.
(N) Sewage disposal and treatment.
(0) Sanitary landfill.
(P) Feed lot, livestock confinement area, provided location is
not within two hundred feet (200') from any R District.
10-15-3 Height, Area, and Off-Street Parking Requirements.
(A) The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front
Side
Rear
Width
75
30
None
None
None
(B) The minimum off-street parking spaces are as follows:
1. Manufacturing or industrial establishment: Two (2)
parking spaces for every three (3) employees on the
maximum shift, plus vehicles used in connection there-
with.
2. Junkyards: Ten (10) per two thousand (2,000) square
feet of lot area.
3. Place of worship : One (1) per four (4) seats in main
room.
4. High schools and colleges: Ten (10) per classroom .
5. Elementary schools: Two (2) per classroom.
6. Community center, library, museum, or similar public or
semi-public building: One (1) per every three hundred
(300) square feet in building.
7. Hospital: Two (2) for each bed.
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10-15-3
10-15-4
8. Sanitarium or nursing home: One (1) for each three (3)
beds.
9. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
10-15-4 Site Plan Review. Refer to Section 10-2-7(I).
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10-16-1
10-16-2
TITLE 10 ZONING
CHAPTER 16
S-1 SPECIAL DEVELOPMENT DISTRICT
SECTIONS:
10-16-1
10-16-2
10-16-3
10-16-4
10-16-5
10-16-6
10-16-7
Intent and Purpose
Application for Special Development District
Permissive Uses
Height and Density Regulations
Approval of Plans
Plan Requirements
Construction Schedule and Assurance of Completion
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 establish-
ment 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 applica-
tion for the establishment of this District shall indicate:
(A) The area to be encompassed in said District.
(B) 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.
(C) Evidence of unified ownership and control of the area applied
for.
(D) Evidence of financial capability of the petitioners to carry
out the general type of development contemplated for the area.
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10-16-2
10-16-3
(E) Evidence of applicant's proposed general use of the area.
(F) In establishing a Special Development District, the 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.
(A) Single-family dwelling, two (2) family dwelling, or multi-
familydwelling.
(B) Public park or playground.
(C) Place of worship.
(D) Public or private school.
(E) Rooming house or boarding house.
(F) Office building or medical clinic.
(G) Nursing, rest, or convalescent home.
(H) Public building erected by any governmental agency.
(I) Automobile parking lot or storage or parking garage.
(J) Bank or financial institution.
(K) Mortuary .
(L) 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.
(M) Retail store, in connection with which there shall be no
slaughtering of animals or poultry, nor commercial fish
cleaning and processing on the premises.
(N) Theater, not including drive-in theaters.
(0) Restaurants, cafeterias, bars, and taverns, not including
drive-in establishments.
10-16-3
10-16-5
(P) Automobile service station.
(Q) Bowling alley or billiard parlor.
(R) Dancing or music academy.
(S) Display and salesroom.
(T) Hotel or motel.
(U) Laboratory, research, experimental, or testing.
(V) Milk distributing station.
(W) Radio or television broadcasting station or studio.
(X) Rental agency .
Dyeing, cleaning, laundry, printing, painting, plumbing,
tinsmithing, tire sales and service, upholstering and other general
service or repair establishment of similar character. Not more than
ten percent (10%) of the lot or tract occupied by such
establishment shall be used for the open and unenclosed storage of
materials or equipment.
(Z) Bakery.
(AA) Bottling works.
(BB) Wholesale establishment or warehouse in a completely enclosed
building.
(CC) 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. For residential, industrial, hotel, motel, and
multiple dwelling uses, there shall be a maximum floor area ratio
of 4:1. 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 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
- 488 -
10-16-5
10-16-5
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.
(A) Those affecting the community as a whole:
1 . Uses or use .
2 . Intensity of use.
3. Traffic.
(B) Those affecting the neighborhood:
1 . Heights .
2 . Front, side, and rear yard definitions and uses where
they occur at the development periphery.
(C) 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.
(D) 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 Commission, or upon
- 489 -
10-16-5
10-16-6
denial of approval by the Planning 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:
(A) Be drawn to scale.
(B) Show boundaries of property to be developed.
(C) Show existing topography with contour intervals of not less
than two feet (2') obtained from a field survey and referred
to an approved City bench mark.
(D) 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.
(E) Show drainage plan with sufficient control grades to
indicate the intent of the developer.
(F) Indicate location, type, and size of structures on adjacent
properties within two hundred feet (200') of the boundary
of the Special Development District.
(G) Provide for the dedication of any rights-of-way for the
widening, extension, or connection of major streets as shown
on the Comprehensive Plan.
(H) 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.
(I) 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, twenty-four (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
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10-16-6
10-16-7
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.
With the final plan, the proponents shall submit a construction
schedule. Construction shall begin within one (1) year after
approval of the final plan and shall be completed within five (5)
years after approval of the final plan, except that the Council
may extend and change, or either of them, such periods upon a
showing of good and sufficient cause. 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.
Said bond or escrow shall be in a form and with surety and con-
ditions approved by the City Attorney. In the event of default
under such bond or escrow, the City shall use the sum defaulted
to construct said site improvements.
(
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10-17-1
TITLE 10 ZONING
CHAPTER 17
S-2 INSTITUTIONAL - OFFICE DISTRICT
SECTIONS:
10-17-1 Permissive Uses
10-17-2 Conditional Uses
10-17-3 Height, Area, and Off-Street Parking Requirements
10-17-1 Permissive Uses.
(A) Single and two (2) family dwellings.
(B) Bank .
(C) General business office.
(D) Professional office.
(E) Medical or dental clinic.
(F) Studio for artist, photographer, sculptor, or musician.
(G) Art gallery.
(H) Place of worship.
(I) Hospital or sanitarium.
(J) Public building.
(K) Educational, religious, or philanthropic institution.
(L) Nursing, rest, or convalescent home.
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10-17-2
(M) Business, dancing, music, and other similar schools and
colleges.
(N) Lodge, club, fraternity, or sorority.
(0) Library.
(P) Parking structure or lot.
(Q) Laboratory and research center.
(R) Private or public school.
10-17-2 Conditional Uses.
(A) Retail Sales. As of the effective date of the adoption of
this Section of the Ordinance, existing uses within the S-2
District Boundaries may be considered for conversion to
retail uses. Site criteria required:
1. A map indicating land uses, property owners and their
mailing addresses within two hundred feed (200') of the
parcel of lot(s) proposed for retail sales.
2. Yard setback requirements.
3. A floor plan of the proposed structure or conversion of
an existing operation.
4. The location and direction of outside lighting.
5. The location of curb cuts, internal traffic circulation
on the site, and parking lot layout.
6. Sign location and size.
7. Visual screening from adjacent properties.
8. Location of outside storage, trash receptacles, and
vending machines, including can and bottle redeeming
machines.
9. Other such information as may be requested by the
Zoning Board of Adjustment.
10. The intensity of projected traffic on the site of the
proposed retail use should not be significantly greater
than the existing traffic intensity.
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10-17-3
10-17-3 Height, Area, and Off-Street Parking Requirements.
(A) The limits in feet are as follows:
Minimum Yards
Maximum
Minimum
Height
Front
Side
Rear
Frontage
45
20
6
20
None
(B) The limits in square feet are as follows:
Minimum Lot Area Per Family
Minimum
Lot Area
Single Two
Multiple
7,000
7,000
3,000
N/A
(C) The minimum off-street parking spaces are as follows:
1. Single and two (2) family: One (1) per full bath.
2. Place of worship: One (1) per four (4) seats in main
room.
3. High schools and colleges: Ten (10) per classroom.
4. Elementary schools: Two (2) per classroom.
5. Community center, library, museum, or similar public
or semi-public building: One (1) per every three
hundred (300) square feet in building.
6. Hospital: Two (2) for each bed.
7. Sanitarium or nursing home: One (1) for each three (3)
beds.
8. All other nonresidential buildings: One (1) per every
three hundred (300) square feet.
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10-17A-1
10-17A-3
TITLE 10 ZONING
CHAPTER 17-A
S-3 LARGE SCALE MIXED USE DEVELOPMENT (MXD) DISTRICT
SECTIONS:
10-17A-1
10-17A-2
10-17A-3
10-17A-4
10-17A-5
Intent and Purpose
Permissive Uses
Conditional Uses
Approval of Development Plans
Height, Area, and Off-Street Parking Requirements
10-17A-1 Intent and Purpose. It is the primary purpose of
this S-3 Mixed Use Development (MXD) District to provide large
scale areas in the City within which commercial, light industrial,
and residential uses can locate with the assurance of a high
permanent level of design quality, extensive site amenity, open
space and compatibility with existing land uses. Stringent site
planning, aesthetically desirable design, screening standards,
buffer strips, sign requirements and other appropriate procedures
will be used to achieve the desired results of compatibility with
existing uses and protection between future residential and non-
residential land uses.
As this S-3 MXD District will be a unique setting with a wide
array of land uses, it requires a site with a minimum size of
eighty (80) acres for said designation.
10-17A-2 Permissive Uses:
(A) Any uses permitted in the Residential Zoning Districts.
Residential development shall occur on tracts of a minimum
size of five (5) acres and an open space buffer 50 feet wide,
within which no structure is permitted, is required to
separate all non-residential uses from residential uses.
(B) Any uses permitted in the M-1 Light Industrial Zoning
District, further including such uses as research and
development facilities, industrial parks, and office parks
shall occur on tracts of a minimum size of five (5) acres. In
the case of minor residential streets, the minimum right-of-
way may be 50 feet.
10-17A-3 Conditional Uses:
(A) Those uses listed as Conditional Uses in the Residential
Zoning District.
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10-17A-4
(B) Those uses listed as Conditional Uses in the M-1 Light
Industrial Zoning District.
10-17A-4 Approval of Development Plans. The subdivision of
any real estate within the S-3 MXD District shall be in accordance
with Title 11, Subdivision Regulations, of the City Code. To
facilitate the development approval process a preliminary site plan
may be submitted to the Planning and Zoning Commission. If
Commission approval is granted on the preliminary site plan, the
developer then has the assurance that the proposal is consistent
with the intent of the S-3 MXD District. The following preliminary
site plan information shall be required, but not limited to, such
criteria as:
1. Proposed facility description, including type of use,
process, or service, approximate number of employees on
initial start and within five years.
2. Information on traffic generation, deliveries, employee
parking, and public access to the facility.
3. Information on required utilities, utility extensions if
required, and any unique requirements for material
disposal or pre-treatment of sanitary sewage.
4. Approximate perimeter boundaries, acreage, and
topographicalfeatures.
5. Proposed location, or alternative locations, of any
structures, parking lots, outside storage and landscaping.
This may be in the form of a concept layout.
6. Information on proposed public improvements necessary to
serve the development. This includes the extension of
public streets, sidewalks, storm and sanitary sewers,
public transit shelters or any other public amenities.
The above information shall be submitted in narrative and/or
graphic format to the Director of Planning and Community
Development; a meeting for the purpose of taking action on the
preliminary site plan shall then be conducted within the ten (10)
days by the Planning and Zoning Commission. Upon approval of the
preliminary site plan, the developer has the assurance that the
proposal conforms to the intent of the S-3 MXD District and the
proposal shall be permitted. A final site plan shall then be
developed and approved in accordance with the Site Plan Review
Criteria of the City Code in Title 10, Chapter 2, Section 7, as
amended.
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10-17A-5
10-17A-5
10-17A-5 Height, Area and Off-Street Parking Requirements.
A minimum tract of real estate consisting of eighty (80) acres is
required for designation as the S-3 MXD District. A minimum tract
of five (5) acres is required for all residential development and
non-residential. An open space buffer 50 feet wide, within which
no structure is permitted, is required to separate all non-
residential uses from residential uses. All other dimensional
requirements are associated with the respective uses listed in the
Residential Districts and M-1 Light Industrial District. These
respective Zoning District requirements shall be construed as
minimum applicable requirements for development in the S-3
District.
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10-18-1
10-18-1
TITLE 10 ZONING
CHAPTER 18
A-P AIRPORT DISTRICT
SECTIONS:
10-18-1
10-18-2
10-18-3
10-18-4
10-18-5
10-18-6
10-18-7
10-18-8
10-18-9
10-18-10
10-18-11
10-18-12
Basic Intent and Purpose
Definitions
Airspace Zones
Height Restrictions
Land Use Restrictions
Lighting
Airport Zoning Map
Nonconforming Uses
Permits
Variances
Appeals
Conflicting Regulations
10-18-1 Basic Intent and Purpose. It is hereby found that:
(A) An airport hazard endangers the lives and property of users
of the Muscatine Municipal Airport and property or occupants
of the land in its vicinity, and also if of the obstructive
type, in effect reduces the size of the area available for
the landing, takeoff, and maneuvering of aircraft, thus
tending to destroy or impair the utility of the Muscatine
Municipal Airport and the public investment therein.
(B) The creation or establishment of an airport hazard is a public
nuisance and an injury to the region served by the Muscatine
Municipal Airport.
(C) For the protection of the public health, safety, order,
convenience, prosperity, and general welfare, it is
necessary to prevent the creation of airport hazards to
regulate and restrict the use of land in the vicinity of the
Muscatine Municipal Airport.
(D) The prevention of airport hazards should be accomplished, to
the extent legally possible, by the proper exercise of the
police power.
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10-18-1
10-18-2
(E) The prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation,
or marking and lighting of existing airport hazards are public
purposes for which municipalities may raise and expend public
funds, as an incident to the operation of airports, to acquire
lands or property interests therein.
10-18-2 Definitions. As used in this Chapter, unless the
context otherwise requires:
(A) "Airport" means the Muscatine Municipal Airport.
(B) "Airport elevation" means the established elevation of the
highest point on the usable landing area, which elevation is
established to be five hundred forty-seven and one-half feet
(547.5') above mean sea level.
(C) "Airport hazard" means any structure or object of natural
growth located on or in the vicinity of the airport, or any
use of land near such airport, which obstructs the airspace
required for the flight of aircraft in landing or takeoff at
such airport or is otherwise hazardous to such landing or
takeoff of aircraft.
(D) "Decision height" means the height at which a decision must
be made during an instrument landing system instrument approach
to either continue the approach or to execute a missed
approach procedure.
(E) "Height". For the purpose of determining the height limits
in all zones set forth in this Chapter and shown on the
Muscatine Municipal Airport Zoning Map, the datum shall mean
sea level elevation, unless otherwise specified.
(F) "Instrument runway" means a runway having an existing
instrument approach procedure utilizing air navigation
facilities or area type navigation equipment for which an
instrument approach procedure has been approved or planned.
(G) "Landing area" means the area of the airport used for the
landing, taking off, or taxiing of aircraft.
(H) "Minimum descent altitude" means the lowest altitude, expressed
in feet above mean sea level, to which descent is authorized
on final approach or during circle-to-land maneuvering in
execution of a standard approach procedure where no electronic
glide slope is provided.
(I) "Minimum enroute altitude" means the altitude in effect
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10-18-2
10-18-2
between radio fixes which assures acceptable navigational
signal coverage and meets obstruction clearance requirements
between those fixes.
(J) "Minimum obstruction clearance altitude" means the specified
altitude in effect between radio fixes on very high frequency
omni-range station airways, off-airway route, or route
segments which meets obstruction clearance requirements for
the entire route segment and which assures acceptable
navigational signal coverage only within twenty-two (22) miles
of a VOR.
(K) "Nonconforming use" means any pre-existing structure, object
of natural growth, or use of land which is inconsistent with
the provisions of this Chapter or an amendment thereto.
(L) "Nonprecision instrument runway" means a runway having an
existing instrument approach procedure utilizing air
navigation facilities with only horizontal guidance, or area
type navigation equipment, for which a straight-in non-
precision instrument approach procedure has been approved or
planned, and for which no precision approach facilities are
planned or indicated on a planning document having the approval
of the Federal Aviation Administration (FAA).
(M) "Person" means an individual, firm, partnership, corporation,
company, association, joint stock association, or governmental
entity. It includes a trustee, receiver, assignee, or similar
representative of any of them.
(N) "Planned". As used in this Chapter, only those proposed
future airport developments that are so indicated on a planning
document having the approval of the FAA and the City of
Muscatine.
(0) "Primary surface" means a surface longitudinally centered on
a runway. When the runway has a specially prepared hard
surface, the primary surface extends two hundred feet (200')
beyond each end of that runway, but when the runway has no
specially prepared hard surface, or planned hard surface,
the primary surface ends at each end of that runway. The
elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway center-
line. The width of a primary surface is:
1. Two hundred fifty feet (250') for utility runways having
only visual approaches.
2. Five hundred feet (500') for utility runways having
nonprecision instrument approaches.
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10-18-2
3. For other utility runways the width is:
(a) Five hundred feet (500') for visual runways having
only visual approaches.
(b) Five hundred feet (500') for
runways having visibility minimums greater than
three
The width of the primary surface of a runway will be that
width prescribed in this subse
approach existing or planned for ei
(R) "Runway" means any existing or planned paved surface or turf
covered area of the airport which is specifically designated,
or used or planned to be used for the landing or takeoff of
aircraft.
(S) "Slope" means an incline from the hor
arithmetic ratio of horizontal magnitude to vertical
magnitude.
Example:
Slope = 3:1 (3 feet horizontal to 1 foot vertical)
(P) "Tree" means any object of natural growth.
(Q) "Utility runway" means a runway that is constructed for an
intended use by propeller
five hundred (12,500) pounds maximum gross weight or less.
(T) "Visual runway" means a runway intended solely for the operation
of aircraft using visual approach procedures with no straight
in instrument approach proc
indicated on an FAA
planning document submitted to the FAA by competent authority.
10-18-3 Airspace Zones.
of this Chapter, there are hereby cr
following airspace zones, whose locations and dimensions are
For other utility runways the width is:
Five hundred feet (500') for visual runways having
only visual approaches.
Five hundred feet (500') for nonprecision instrument
runways having visibility minimums greater than
three-fourths (3/4) statute mile.
The width of the primary surface of a runway will be that
width prescribed in this subsection for the most precise
approach existing or planned for either end of that runway.
"Runway" means any existing or planned paved surface or turf
covered area of the airport which is specifically designated,
or used or planned to be used for the landing or takeoff of
"Slope" means an incline from the horizontal expressed in an
arithmetic ratio of horizontal magnitude to vertical
Slope = 3:1 (3 feet horizontal to 1 foot vertical)
"Tree" means any object of natural growth.
"Utility runway" means a runway that is constructed for an
intended use by propeller-driven aircraft of twelve thousand,
five hundred (12,500) pounds maximum gross weight or less.
"Visual runway" means a runway intended solely for the operation
of aircraft using visual approach procedures with no straight
in instrument approach procedure and no instrument designation
indicated on an FAA-approved airport layout plan, or by any
planning document submitted to the FAA by competent authority.
Airspace Zones. In order to carry out the provisions
of this Chapter, there are hereby created and established the
following airspace zones, whose locations and dimensions are
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10-18-3
Five hundred feet (500') for visual runways having
nonprecision instrument
runways having visibility minimums greater than
The width of the primary surface of a runway will be that
tion for the most precise
ther end of that runway.
"Runway" means any existing or planned paved surface or turf-
covered area of the airport which is specifically designated,
or used or planned to be used for the landing or takeoff of
izontal expressed in an
arithmetic ratio of horizontal magnitude to vertical
Slope = 3:1 (3 feet horizontal to 1 foot vertical)
"Tree" means any object of natural growth.
"Utility runway" means a runway that is constructed for an
driven aircraft of twelve thousand,
five hundred (12,500) pounds maximum gross weight or less.
"Visual runway" means a runway intended solely for the operation
of aircraft using visual approach procedures with no straight-
edure and no instrument designation
approved airport layout plan, or by any
planning document submitted to the FAA by competent authority.
In order to carry out the provisions
eated and established the
following airspace zones, whose locations and dimensions are
10-18-3
10-18-3
described below and which are shown on the Muscatine Municipal
Airport Zoning Map, consisting of two (2) sheets and dated October
16, 1975, which is made a part hereof by reference and is on file
in the Office of the City Clerk. An area located in more than one
of the following zones is considered to be only in the zone with
the more restrictive height limitation. The various zones are
hereby established and defined as follows:
(A) "Primary zone
,
' means all that land which lies directly under
the primary surface.
(B) "Horizontal zone" means all that land which lies directly
under an imaginary horizontal surface one hundred fifty feet
(150') above the established airport elevation, or a height of
six hundred ninety-seven and one-half feet (697.5') above mean
sea level, the perimeter of which is constructed by swinging
arcs of five thousand feet (5,000') radii from the center of
each end of the primary surface of existing or planned runways
designated as utility or visual and ten thousand feet (10,000')
for all others, and connecting adjacent arcs by lines tangent to
these arcs. The radius of the arc specified for each end of a
runway will have the same arithmetical value. That value will
be the highest determined for either end of the runway. The
horizontal zone does not include the approach and transitional
zones.
(C) "Conical zone" means all that land which lies directly under
an imaginary conical surface extending upward and outward from
the periphery of the horizontal zone at a slope of twenty to
one (20 to 1) for horizontal distance of four thousand feet
(4,000') as measured radially outward from the periphery of
the horizontal surface. The conical zone does not include the
precision instrument approach zones and transitional zones.
(D) "Approach zone" means all that land which lies directly under
an imaginary approach surface centered on the extended center-
line at each end of a runway. The inner edge of the approach
surface is at the same width and elevation as, and coincides,
with the end of the primary surface. The approach surface
is applied to each end of each runway based upon the type of
approach available or planned for that runway end.
1. The inner edge of the approach surface is:
(a) Two hundred fifty feet (250') wide for visual
utility runways.
(b) Five hundred feet (500') wide for visual runways
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10-18-3
10-18-3
other than utility runways and nonprecision instrument
runways.
(c) One thousand feet (1,000') for precision instrument
runways.
2. The outer edge of the approach zone is:
(a) One thousand, two hundred fifty feet (1,250') for
visual utility runways.
(b) One thousand, five hundred feet (1,500') for visual
runways other than utility runways.
(c) Four thousand feet (4,000') for nonprecision
instrument runways.
(d) Sixteen thousand feet (16,000') for precision
instrument runways.
3. The approach zone extends for a horizontal distance of:
(a) Five thousand feet (5,000') at a slope of twenty
to one (20 to 1) for all visual runways.
(b) Ten thousand feet (10,000') at a slope of thirty-
four to one (34 to 1) for nonprecision instrument
runways.
(c) Ten thousand feet (10,000') at a slope of fifty to
one (50 to 1), and then twelve thousand feet (12,000')
at a slope of forty to one (40 to 1), and then
restricted to five hundred feet (500') above airport
elevation for twenty-eight thousand feet (28,000')
for precision instrument runways.
(E) "Transitional zone" means all that land which lies directly
under an imaginary surface extending upward and outward at
ninety degree (90
°
) angles to the runway centerline and the
runway centerline extended at a slope of seven to one (7 to 1)
from the sides of the primary surface and from the sides of the
approach surfaces. Transitional surfaces for those portions of
the precision approach surface which project through and beyond
the limits of the conical surface, extend a distance of five
thousand feet (5,000') measured horizontally from the edge of
the approach surface and at right angles to the runway
centerline. The transitional surface for the precision
approach extends upwards and outward at a slope of seven to one
(7 to 1) until it intersects a plane five
- 500 -
10-18-3
10-18-5
hundred feet (500') above the airport elevation, at which
time it becomes a plane five hundred feet (500') above the
airport elevation.
(F) No structure shall be erected that raises the published
minimum descent altitude or decision height for an instrument
approach to any runway, nor shall any structure be erected
that causes the minimum obstruction clearance altitude or
minimum enroute altitude to be increased on any Federal
airway.
10-18-4 Height Restrictions. Except as otherwise provided
in this Chapter, and except as necessary and incidental to airport
operations, no structure or tree shall be constructed, altered,
maintained, or allowed to grow in any airspace zone created in
Section 10-18-3 so as to project above any of the imaginary air-
space surfaces described in said Section 10-18-3 hereof. Where
an area is covered by more than one height limitation, the more
restrictive limitations shall prevail.
10-18-5 Land Use Restrictions.
(A) Subject to all times to the height restrictions set forth
in Section 10-18-4, no use shall be made of any land in any
of the airspace zones defined in Section 10-18-3 which
creates or causes interference with the operations of radio
or electronic facilities of the airport or with radio or
electronic communications between the airport and aircraft,
makes it difficult for pilots to distinguish between airport
lights and other lights, results in glare in the eyes of
pilots using the airport, impairs visibility in the vicinity
of the airport, or otherwise endangers the landing, taking
off, or maneuvering of aircraft using or intending to use
the Muscatine Municipal Airport.
(B) The primary zone shall contain no buildings or temporary
structures and shall be restricted to those uses which will
not create, attract, or bring together an assembly of persons
thereon. Permissive uses include agricultural activities,
light outdoor recreation (nonspectator), and auto parking.
(C) The following uses are specifically prohibited under the
approach zones:
1. Theaters, fairgrounds, and auditoriums.
2. Gas and oil facilities.
3. Trash dumps and incinerators.
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10-18-5
10-18-8
4. Poultry and mink farms.
(D) Subject to all times to the restrictions set forth in Sections
10-18-4 and 10-18-5(A), (3) and (C), the land in the air-
space zones are subject to the regulations and requirements
of the zoning district in which they are situated, as shown
on the District Map of the City of Muscatine, as described
in Section 10-2-2 of the Zoning Ordinance.
10-18-6 Lighting.
(A) Notwithstanding the provisions of Section 10-18-5, the owner
of any structure over two hundred feet (200') above ground
level must install on the structure lighting in accordance
with FAA Advisory Circular 70-7460-ID and amendments.
Additionally, any structure constructed after the effective
date of this Ordinance and exceeding nine hundred forty-nine
feet (949') above ground level must install on that structure
high intensity white obstruction lights in accordance with
Chapter 6 of FAA Advisory Circular 70-7460-ID and amendments.
(3) Any permit or variance may be so conditioned as to require
the owner of the structure or growth in question to permit
the City of Muscatine at its own expense to install, operate,
and maintain thereto such markers or lights as may be
necessary to indicate to pilots the presence of an airspace
hazard.
10-18-7 Airport Zoning Map. The several zones herein
established are shown on the Muscatine Municipal Airport Zoning
Map, consisting of two (2) sheets and dated October 16, 1975,
made a part hereof by reference and on file in the Office of the
City Clerk, which map, together with such amendments thereto as
may from time to time be made, and all notations, references,
elevations, data, zone boundaries, and other information thereon,
shall be and the same is hereby adopted as part of this Chapter.
10-18-8 Nonconforming Uses.
(A) Regulations Not Retroactive. The regulations provided in
this Chapter shall not be construed to require the removal,
lowering, or other changes or alteration of any structure
or tree not conforming to the regulations as of the effective
date of this Chapter, or otherwise interfere with the
continuance of a nonconforming use. Nothing contained herein
shall require any change in the construction, alterations,
or intended use of any structure, the construction or alter-
ation of which was begun prior to the effective date of this
Chapter, and is diligently prosecuted.
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10-18-8
10-18-9
(B) Marking and Lighting. Notwithstanding the preceding provision
of this Section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation,
operation, and maintenance thereon of such markers and lights
as shall be deemed necessary by the appropriate official who
may be charged with the duty of determining the necessity of
lighting and marking to indicate to the operators of aircraft
in the vicinity of the airport the presence of such airport
hazards.
10-18-9 Permits.
(A) Future Uses. No material changes shall be made in the use
of land and no tree or structure shall be erected, altered,
planted, or otherwise established in any zone hereby created,
unless a permit therefore shall have been applied for and
granted by the Building and Zoning Administrator.
1. However, a permit for a tree or structure of less than
seventy-five feet (75') of vertical height above the
ground shall not be required in the horizontal and conical
zones or in any approach and transitional zones beyond
a horizontal distance of four thousand, two hundred feet
(4,200') from each end of the runway, except when such
tree or structure, because of terrain, land contour, or
topographic features, would extend the height limits
prescribed for the respective zone.
2. Nothing contained in this foregoing exception shall be
construed as permitting or intending to permit any
construction or growth of any structure or tree in
excess of any of the height limitations established by
this Chapter.
(B) Existing Uses. Before any existing use or structure may be
replaced, substantially altered or repaired, or rebuilt within
any zone established herein, a permit must be secured
authorizing such replacement, change, or repair. No permit
shall be granted that would allow the establishment or
creation of an airport hazard or permit a nonconforming use,
structure, or tree to become a greater hazard to air naviga-
tion than it was on the effective date of this Ordinance or
any amendments thereto, or than it is when the application
for a permit is made. Except when indicated, all applications
for such permit shall be granted.
(C) Nonconforming Uses Abandoned or Destroyed. Whenever the
Building and Zoning Administrator determines that a noncon-
forming tree or structure has been abandoned or more than
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10-18-9
10-18-13
sixty-five percent (65%) torn down, physically deteriorated,
or decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or
otherwise deviate from the zoning regulations.
10-18-10 Variances. Any person desiring to erect or increase
the height of any structure, permit the growth of any tree, or use
his property not in accordance with the regulations prescribed in
this Chapter, may apply to the Zoning Board of Adjustment for a
variance from such regulations. Such variances shall be allowed
where it is duly found that a literal application or enforcement of
the regulations would result in practical difficulty or unnecessary
hardship and relief granted would not be contrary to the public
interest but will do substantial justice and be in accordance with
the spirit of this Chapter.
(A) No application for variance to the requirements of this Chapter
may be considered by the Zoning Board of Adjustment, unless
a copy of the application has been submitted to the Airport
Manager of the Muscatine Municipal Airport for an opinion as
to the aeronautical effects of such a variance.
10-18-11 Appeals. Any person aggrieved, or any taxpayer
affected, by any decision by the Building and Zoning Administrator
made in the administration of this Chapter may appeal to the Zoning
Board of Adjustment by complying with the provisions of Section 10-
22-2(c) of the Zoning Ordinance.
10-18-12 Conflicting Regulations. Where there exists a
conflict between any of the regulations or limitations prescribed
in this Chapter and any other regulations applicable to the same
area, whether the conflict be with respect to the height of
structures or trees, the use of land, or any other matter, the
more stringent limitation or requirement shall govern and prevail.
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10-19-1
10-19-1
TITLE 10 ZONING
CHAPTER 19
OTHER USE REGULATIONS
SECTIONS:
10-19-1
10-19-2
10-19-3
10-19-4
10-19-5
10-19-6
AccessoryBuildings
Signs, Canopies, andAwningRegulations
FenceRegulations
Mobile Home Regulations
NonconformingUseRegulations
CemeteryDevelopmentStandards
10-19-1AccessoryBuildings. Accessorybuildingsandusesarepermittedwhenin
accordancewiththefollowing:
(A) In the AG District, accessory buildings and uses are limited to:
1.
Dwellings for persons employed on the premises, including mobile homes,
provided such mobile homes are occupied by persons employed on the
premises or immediate members of the family and do not exceed one (1) per
farmtract.
(B) In the R Districts, accessory buildings and uses are limited to:
1. A noncommercial greenhouse that does not exceed in floor area twenty-five
percent (25%) of the ground floor area of the main building.
2. In the R-1, R-2, and R-3 Districts, accessory buildings, which includes
garages for the storage of non-commercial vehicles, shall not exceed one
thousand, four hundred forty (1,440) square feet. This maximum square
footage is determined by conforming to the setback requirements for the
District Zone and by not exceeding forty percent (40%) coverage of the rear
yard. The square footage of any existing accessory building or garage,
whether attached or detached, is deducted from the computation derived.
In the R-4, R-5, and R-6 Districts, required parking is determined by the
appropriate ratio based on the required number per full baths or the
required number per dwelling unit. All required parking shall be located in
the side or rear yard. All required parking may be enclosed, provided
appropriatesetbacksaremaintained.
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10-19-2
3. Home occupation.
4. Raising and keeping of small animals and fowl, not on a commercial basis,
not to exceed twenty-four (24) in number, with no grain fed species to
exceed twenty-five (25) pounds in weight, on a site of not less than two (2)
acres.
5.
Tennis court, swimming pool, garden house, ornamental gate, barbecue
oven, fireplace, andsimilarusescustomarilyaccessorytoresidentialuses.
(C) In commercial districts, there may also be:
1. Parking lots and garages conforming with the requirements of Chapter 21
hereof.
2. Use of not more than forty percent (40%) of the floor area of a building for
incidental storage or light industrial activity.
(D) There shall be the following additional regulations for accessory buildings:
1. No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced, and no accessory
building shall be used unless the main building on the lot is also being used.
However, nothing shall prevent the use of a temporary construction shed
or road wagon for the storage of tools, material, and equipment by a
contractorduringbuildingconstruction.
2. No accessory building may be erected in front of a main building, unless the
accessory building is attached to the main building by a common wall.
10-19-2 Signs, Canopies, and Awning Regulations. Regulations regarding signs
shall be as follows:
(A)
General. Permit Required. It shall be unlawful for any person to erect, or cause
to be erected or constructed within the City, any sign or awning without having
first secured a permit therefore from the Building and Zoning Administrator. A
permit fee, as designated in this Ordinance, for each sign or awning shall be
charged to the applicant securing the required permit. Said fees may be subject
to change from time to time by resolution of the City Council.
(B)
The following signs are allowed in all districts:
1.
Temporary signs not exceeding twelve (12) square feet in area advertising
the sale or lease of real estate when located upon the property to which the
sign refers. Said signs shall be removed upon sale or lease of the property.
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10-19-2
2. Temporary ground signs advertising future use or development of property on which such
signs are located may be maintained, subject to the provisions of this Section, provided such
signs do not exceed thirty two (32) square feet in area or remain longer than six (6) months.
“For Rent” and “For Lease” signs in commercial and industrial districts for new buildings
shall not exceed forty eight (48) square feet or remain for more than ninety (90) days after the
building is completed.
3. Churches, and other permitted uses in single family residential zoning districts, shall be
permitted to erect one bulletin board sign in addition to other signage permitted in this
chapter. The bulletin board sign may be illuminated changeable letter or LED message center
not to exceed eighteen (18) square feet in area, be turned off between the hours of 11 p.m.
and 7 a.m. and shall be set back from all property lines a minimum of twenty-five (25) feet,
or the same distance as the principal structure; whichever is less. Electronic message centers
(EMC) permitted by this section shall be restricted to red or amber alpha numeric displays on
a dark background. Message changes shall not occur more frequently than once in every four
(4) seconds.
4. Traffic and public signs.
(C)
In the R-5, R-6, and S-2 Districts, there may be one (1) wall sign related to the name or use of
each occupant, and not more than one (1) electronic message center, per parcel, set back from the
front property line the distance at least equal to the square footage of the EMC, but in no case
shall the EMC exceed twenty-five (25) square feet in area. EMC’s permitted in this section shall
be restricted to red or amber alpha numeric display on a dark background. Message changes shall
not occur more frequently than once in every four (4) seconds.
(D)
In the C-1, C-3, M-1, and S-1 Districts, there may be roof signs, wall signs, projecting signs, post
signs, marquee signs, electronic message centers, and awning signs when displaying no
advertising matter, except pertaining to the business conducted in the building on the premises on
which such sign is placed. Exception:
The use of signs to promote not-for-profit communitywide
events or activities. The total square foot area of all signs attached or affixed to any building or
wall shall not exceed one-fifth (1/5) of the total square foot area of the face of the building on
which they are placed, but in no event shall the maximum square foot area of all such signs
exceed two hundred forty (240) square feet.
Signs in the S-3 Mixed-Use Development (MXD) District shall be permitted through the process
of Site Plan Review approval. The existing Sign Code Regulations contained herein for the
respective uses in the residential, commercial, and light industrial zoning districts shall be
construed as the guide in reviewing proposed signs in the Site Plan Review process. Resolution of
sign size or location conflicts in the S-3 Mixed Use Development (MXD) District may be
appealed to the Zoning Board of Adjustment and the Planning and Zoning Commission.
In the C-2 District, Electronic Message Center (EMC) signs shall not exceed twenty-five (25)
square feet in area and shall be restricted to alpha numeric displays on a dark background.
Message changes shall not occur more frequently than once every four (4) seconds.
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10-19-2
(D.1) In a Large Scale Retail Development, the following sign regulations apply:
(a) The total surface area in square feet of all signs on a building shall not be more than three (3)
times the number of lineal feet in the length of the longest elevation of the building, measured
from exterior face of building wall to exterior face of building wall directly across the plane
of the building elevation, not including building setbacks, nor protrusions, nor canopies, nor
the like appurtenances of the building.
Signs may be erected on each wall of the building and shall not exceed one-fifth (1/5) of the
total square foot area of the face of the building on which they are placed, but in no event
shall the total square footage of all such signs on a building exceed the total sign surface area
as defined above.
(b) All signs shall be affixed on the building walls and/or canopies and shall not extend outward
therefrom more than twelve (12) inches or project higher than thirty-five (35) feet above curb
level or five (5) feet above building height, whichever is lower.
(c) One (1) pylon sign for each public road frontage adjacent to the property; each of which may
identify the name of the Large Scale Retail Development (and may also identify the name and
services or merchandise of each or any of the retail stores, offices, cinemas and restaurants
located in the development), may be erected in addition to the signs affixed to the building
walls as permitted in 10-19-2(D.1)a above. Such signs shall: have a total surface area of not
more than five hundred (500) square feet on each side; not project higher than thirty-five (35)
feet above grade at the sign; may be erected so that the sign begins directly at grade level; but
may not be located within ten (10) feet of property lines. Should the sign height be three (3)
feet or less in height measured from the ground elevation at the base of sign, no setback from
property line is required.
(d) Post Signs for Large Scale Retail Developments shall comply with all requirements of
Section 10-19-2(F)4 with the exception of the quantity of Post Signs, which shall be proposed
by the property owner and subject to the approval of the Site Plan Review Committee.
(e) Ground Signs for Large Scale Retail Developments shall comply with all requirements of
Section 10-19-2(F)1 with the exception that not more than one (1) ground sign is allowed per
street frontage as otherwise permitted in the sign ordinance. Additional ground signs may be
allowed at public access points into Large Scale Retail Developments but shall be limited to
not more than ten (10) feet in height and subject to the approval of the Site Plan Review
Committee.
(E)
In the C-2 and M-2 Districts, there may be any sign allowed in subsection (D) and ground signs;
provided that no ground sign shall exceed four hundred (400) square feet in area; not more than
one (1) ground sign shall be erected on any one (1) lot or tract of land, or one (1) sign for each
four hundred feet (400’) apart on such lot or tract of land; and no ground sign, when erected on a
lot fronting on intersecting streets, shall be erected within fifty feet (50’) of the intersection of the
streets.
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87447-1299
10-19-2
10-19-2
(F)
The following additional sign regulations shall be observed:
1. Ground Signs. No ground sign shall be at any point over twenty-five feet (25’) above the
ground level. The ground sign shall be stoutly constructed in a secure and substantial manner
and shall be at least ten feet (10’) distant from any lot line.
2. Wall Signs: No wall sign shall extend beyond the building more than twelve inches (12”). No
wall signs shall be so erected as to cover the doors or windows of any building or otherwise
prevent free ingress or egress to or from any window, door, or any fire escape of any
building.
3. Projecting Signs. Projecting signs may extend from the building into the front yard, provided
that if the projecting sign is within ten feet (10’) of any property line at its closest point, a
minimum of ten feet (10’) of vertical clearance must be maintained from ground level to the
lowest edge of the sign.
4. Post Signs. The maximum square foot area for each face of a post sign shall not exceed two
(2) square feet for each lineal foot of the longest dimension of that lot; however, the
maximum square foot area for each face of a post sign shall not exceed two hundred forty
(240) square feet. No post sign shall exceed thirty-five (35) feet in height. There shall be not
more than one (1) post sign per lot. Post signs shall be wholly maintained within private
property lines. Post signs constructed within ten feet (10’) of any property line must maintain
at least ten feet (10’) of vertical clearance from the ground or pavement to the lowest edge of
the sign. No post sign may be extended downward nearer than five feet (5’) to the ground or
pavement.
5. Marquee Signs. Marquees may extend eight feet (8’) into a front yard. Marquees shall be not
less than ten feet (10’) above the ground at its lowest level. A sign may be placed on a
marquee, provided such sign does not extend more than three feet (3’) above nor one foot (1’)
below such marquee.
6. Conditional and Nonresidential Permissive Uses may have signs as allowed by the Zoning
Board of Adjustment.
7. Signs not Visible from a Public Street. Existing signs, as of July 1, 1981, not visible from a
public street, which are located on public property or private property, may remain if
maintained in a reasonable manner.
8. Paper Posters, Portable Signs, and Certain Signs or Devices Prohibited. Portable signs or
paper posters applied directly to the wall, building, pole, or other support and letters or
pictures in the form of advertising, printed or applied directly on the wall of a building, are
prohibited.
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10-19-2
Temporary signs may be displayed in or attached to the inside of show or display windows,
provided the total sign area does not exceed twenty percent (20%) of the show or display
window area. Signs or devices which by color, location, or design resemble or conflict with
traffic control signs or devices are prohibited. No sign shall contain flashers, animators, or
mechanical movements or contrivances of any kind, excepting time and temperature devices.
However, temporary signs promoting yard sales, political campaigns, referendums, public
notices, and similar purposes shall be permitted, provided such signs shall be removed within
three (3) days after the date the event, sale, election, etc., occurs.
9. History Consideration. Repairs or alterations necessary for the preservation, restoration, or
continued use of a sign, awning, marquee, or canopy may be made without conformance to
all the requirements of this Ordinance when authorized by the Zoning Board of Adjustment
provided:
(a) The building or structure to which it is affixed has been designated by official action as
having special historical or architectural significance.
(b) All unsafe conditions are corrected.
10. In the Agricultural District (AG), farm produce signs are permitted accordingly:
(a) Permanent Sign. One on-premises sign not to exceed 32 square feet is allowed. Special
exceptions may be approved by the Zoning Board of Adjustment for approval of any
permanent monuments, insignia, device, symbol, or object regardless of the nature of the
material thereof and manner of composition or construction.
(b) Temporary Signs. Permits for farm-related produce operations in the Agricultural District
(AG) shall be for temporary signs not exceeding the period of June 1
st
through November
10
th
, at which time they shall be removed. Permits shall be renewed annually. A permit for a
temporary sign shall include all such temporary signs on the premises.
11. Large Scale Development Guidelines. For those developments exceeding the Sign Code
provisions of 10-19-2(F)4 which permits a maximum size sign of 240 square feet with 120
linear feet of frontage along a public street, the following guideline applies. To exceed the
240 square foot maximum with 120 feet of street frontage, an additional 1 square foot of sign
is permitted for every two linear feet of public street frontage. However, no single sign
exceeding 600 square feet in size is permitted.
12. Community Sponsored Events. That is, signs that denote public, civic, or educational
activities or events shall require City Council approval for any signs located in the public
right-of-way under the terms and conditions as the City Council may require. Approved sign
permits shall remain effective only for the duration granted by City Council and shall then be
removed by the sponsor.
13. Grand Openings and Special Events. Banners, pennants, propellers, valances, balloons,
sandwich boards, and similar advertising display shall require a sign permit for a period not
to exceed 14 days. Under appropriate circumstances, the 14 day period permit may be
renewed once
by the Building and Zoning Administrator. Appeals may be made to the
Zoning Board of Adjustment. These displays shall not interfere with traffic or pedestrian
safety when erected.
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10-19-2
(G)
Signs, Canopies, and Awnings Constructed on or Over Public Right-of-Way. General. Signs,
canopies, and awnings constructed on or over public right-of-ways are prohibited, except as
otherwise allowed herein.
1. Face mounted signs not exceeding twenty percent (20) of the face of the building on which
they are attached and not exceeding more than twelve inches (12”) from the building.
2. Signs constructed below a canopy or awning, provided the sign does not extend further than
the outer edge of the canopy, the sign does not exceed eighteen inches (18”) in height, and a
vertical clearance of seven feet (7’) is maintained from the lowest point of the sign to the
ground or pavement.
3. Canopies and Awnings. All canopies and awnings shall be constructed on private property
only and cantilevered over public right-of-ways. They shall be of stoutly constructed
materials capable of withstanding imposed loads and shall provide a minimum of seven feet
(7’) of vertical clearance from the bottom edge of the canopy or awning to grade.
4. Historic Consideration. Repairs or alterations necessary for the preservation, restoration, or
continued use of a sign, awning, marquee, or canopy may be made without conformance to
all the requirements of this Ordinance when authorized by the City Council following a
review and recommendation of the Zoning Board of Adjustment provided:
(a) The building or structure to which it is affixed has been designated by official action as
having special historical or architectural significance.
(b) All unsafe conditions are corrected.
5. Overhanging signs, canopies, and awnings which overhang public right-of-ways as of
September 16, 1981, and which otherwise conform to all applicable provisions of this
Ordinance may continue to be maintained, provided the owner(s) of said signs, awnings, or
canopies shall agree in writing to indemnify the City of Muscatine from any and all claims or
suits for damages caused by the signs, awnings, or canopies on forms provided by the City.
Further, the owner(s) shall provide the City of Muscatine with proof of public liability
insurance in the amount of one hundred thousand dollars ($100,000).
6. Signs, awnings, or canopies referenced in Title 10, Chapter 19, Section 2(G)5 shall be
brought into compliance with all provisions of this ordinance when they are changed, altered
or replaced.
7. Proposals for any new sign, canopy, or awning which will overhang public right-of-ways
shall be reviewed by the Zoning Board of Adjustment with a recommendation forwarded to
the City Council for their approval or denial.
(H)
Nonconforming Uses. All legal nonconforming uses at the effective date of the passage of this
Ordinance are entitled to maintain sign(s) until said sign(s) are changed, altered, or replaced at
which time they shall be brought into conformance with all regulations set out herein.
(I)
Violation. Any person who violates any of the provisions contained herein shall be guilty of a
misdemeanor and each day of the violation may be considered a separate and distinct offense.
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10-19-3 Fence Regulations.
Regulations regarding fences shall be as follows:
(A)
No sign, fence, wall, shrub, or other obstruction to vision exceeding three feet (3’) in height
above the established street grade shall be erected, planted, or maintained within the area of a
corner lot that is included between the lines of the intersecting streets and a straight line
connecting them at points thirty feet (30’) distant from the intersection of the street lines.
(B)
All newly constructed outdoor swimming pools shall be enclosed by a six (6) foot fence. Such
fencing shall be of a material sufficient to prevent infant children from crawling through.
(C)
Fences not exceeding six feet (6’) in height may be located on any part of a lot except the area
beyond the front of the dwelling or twenty-five feet (25’) from the property line, whichever is
less. Any fence located beyond the front of a dwelling or twenty-five feet (25’( from the front
property line, whichever applies, shall not exceed three feet (3’) in height or may be six feet (6’)
in height with the provision that it shall be of an open type (at least 75% open) chain link or
woven material that does not create a safety hazard for pedestrians or vehicular traffic.
10-19-4 Mobile Home Regulations.
Regulations regarding mobile homes shall be as follows:
(A)
All inhabited mobile homes shall be located in a mobile home court which has received a
conditional use permit and which conforms with the requirements of the following paragraph. No
mobile home outside of an approved mobile home court shall be connected to utilities, except
those mobile homes being offered for sale and not inhabited.
(B)
Mobile home courts shall meet the following minimum standards:
1. Each lot provided for the occupancy of a single mobile home unit shall have an area of not
less than four thousand (4,000) square feet and a width of not less than forty-five feet (45’),
and no court shall be permitted an average density of mobile home lots of more than nine (9)
per acre, and each mobile home court shall provide an area of not less than ten (10) acres.
Each lot shall have provisions for at least two (2) frame ties and two (2) over-the-top
tiedowns equal to or better than the specifications outlined in Booklet Tr-75 published by the
Department of Defense.
2. All mobile home courts shall provide lots sufficient in size that no mobile home or any
structure, addition, or appurtenance thereto is located less than ten feet (10’) from the nearest
adjacent court boundary.
3. Space between mobile homes may be used for the parking of motor vehicles if the space is
clearly designated and the vehicle is parked at least ten feet (10’) from the nearest adjacent
buildings.
4. Each mobile home site shall abut or face a clear unoccupied space, driveway, roadway, or
street of not less than twenty feet (20’) in width, which shall have unobstructed access to a
public highway, street, or alley.
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10-19-5
5. The mobile home court shall be surrounded by a landscaped strip of open space fifty feet
(50’) wide along the street frontage of a major street and twenty-five feet (25’) wide along all
other lot lines or street frontage.
10-19-5 Nonconforming Use Regulations.
(A)
Nonconforming Use of Buildings. The lawful use of a building existing at the effective date of
this Ordinance may be continued, although such does not conform to the provisions hereof,
provided no structural alterations are made. A nonconforming use of a building may be changed
to another nonconforming use of the same or of a more restricted classification. Whenever a
nonconforming use has been changed to a more restricted use or to a conforming use, such use
shall not thereafter be changed to a less restricted use.
(B)
New Structures. No new structures shall be erected nor shall any additional area of land be
utilized other than that which is lawfully occupied and used at the time this Ordinance takes
effect.
(C)
Abandonment. A nonconforming building, structure, or use shall be deemed abandoned if the
building, structure, or use is discontinued for a period of one (1) year. Said building, structure, or
property shall not thereafter be returned to such nonconforming use and shall be used only in
conformity to and with these regulations. A nonconforming use shall be considered abandoned:
1. When the intent of the owner to discontinue the use is apparent; or
2. When the characteristic equipment and the furnishings of the nonconforming use have been
removed from the premises and have not been replaced by similar equipment within one (1)
year; or
3. When a nonconforming use is replaced by a conforming use; or
4. When a nonconforming use has been changed to another use under proper permit from the
Board of Adjustment.
(D)
Rebuilding or Restoration. If a nonconforming building or use is damaged by fire, explosion, or
other catastrophe to such an extent that the cost of restoration would be less than fifty percent
(50%) of the assessed value of the building at the time of the catastrophe, such building or use
may be rebuilt or restored and used again as previously. Such rebuilding or restoration shall be
completed within twelve (12) months after such catastrophe, and the building as restored shall not
be greater in volume or floor space than the original nonconforming structure. If destroyed to
such an extent that the cost of restoration would exceed fifty percent (50) of said value, such
building or use shall not be restored and may be replaced only by a conforming building and use.
(E)
Discontinuance. If a nonconforming building, structure, or use is abandoned for one (1) year after
the adoption of this Ordinance, it shall not return to its nonconforming state, but must be brought
into conformity with the regulations of the district in which it is located.
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(F)
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a
nonconforming use. A nonconforming use may be changed to a use of the same or more
conforming classification and such use thereafter shall not be changed to a less conforming
classification.
(G)
Alterations to Nonconforming Uses. The Board of Adjustment may, in appropriate circumstances
and with appropriate safeguards, permit a nonconforming use to be changed to another
nonconforming use, provided such changed use is more in conformity with the spirit and intent of
this Ordinance than the prior use and is not more injurious, obnoxious, or offensive to the
neighborhood. The Board of Adjustment may, in appropriate circumstances and with appropriate
safeguards, permit an expansion of a nonconforming use if such expansion would not be
injurious, obnoxious, or offensive to the neighborhood and would not constitute an expansion of
more than fifty percent (50%) of the previous gross floor area.
(H)
Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of
fact and shall be decided by the Board of Adjustment after public notice and hearing and in
accordance with the rules of the Board.
(I)
Intermittent Use. The casual intermittent, temporary, or illegal use of land or buildings shall not
be sufficient to establish the existence of a nonconforming use on the part of a lot or tract shall
not be construed to establish a nonconforming use on the entire lot or tract.
10-19-6 Cemetery Development Standards.
New Cemeteries:
(A)
An irrevocable permanent care and maintenance trust fund shall be established for all interment
of the dead in burial plots, mausoleums and columbariums in accordance with the laws and
regulations of the State of Iowa for perpetual care as presently set forth and as hereafter amended.
(B)
An initial site plan shall be submitted for review and approval by the Planning and Zoning
Commission and City Council prior to any site development. The Site Plan Review Process as
adopted and amended shall be construed as the guide in developing a site plan for review. Any
alteration or modification of the initially approved site plan shall require resubmission under the
Site Plan Review Process.
(C)
No mausoleum or columbarium shall be located within 300 feet of any cemetery property line or
public street.
(D)
All structures and buildings erected for incidental business uses of the cemetery shall comply
with the Uniform Building Code and provide public parking in the ratio of one (1) space per three
hundred (300) square feet of gross floor area and one (1) space per four (4) permanent seats in the
case of chapels.
(E)
A sign is permitted indicating the name of the cemetery, it shall not exceed twenty-five (25)
square feet. Any other sign for incidental and accessory uses shall be face mounted on a building
or structure and in total shall not exceed twenty-five (25) square feet. Internal signs not visible
from the property line directing cemetery traffic, posting of cemetery rules, and designating areas
within a cemetery are permitted.
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10-19-6
(F)
No above ground monument or structure shall be placed within 50 feet of any property line or
public streets.
(G)
Outside storage or display shall be screened from view of adjacent property and public streets by
landscaping or fencing at least seventy-five percent (75) opaque. This includes, but is not limited
to, trash bins and vaults or headstones for sale or future use.
(H)
No burial plots or facilities are permitted on areas designated as flood plain by the City’s Federal
Flood Insurance Rate Maps.
(I)
Assurances must be provided that water supplies of surrounding properties will not be adversely
affected by cemetery operations.
Existing Cemeteries
(as of the adoption of this amendment December 4, 1986):
(A)
An irrevocable permanent care and maintenance trust fund shall be established for all interment
of the dead in burial plots, mausoleums and columbariums in accordance with the laws and
regulations of the State of Iowa for perpetual care as presently set forth and as hereafter amended.
(B)
A site plan shall be submitted for review and approval prior to obtaining a permit for the erection
of any building or structure in accordance with the site plan review process as adopted and
amended. Any alteration or modification of an approved site plan shall require resubmission
under the site plan review process.
(C)
No mausoleum or columbarium shall be located within 200 feet of any cemetery property line or
public street.
(D)
All structures and buildings erected for incidental business uses of the cemetery shall comply
with the Uniform Building Codes and provide public parking in the ratio of one (1) space per
three hundred (300) square feet of gross floor area and one (1) space per four (4) permanent seats
in the case of chapels.
(E)
All existing signs shall continue to be permitted. In the event any existing sign visible from
adjacent property or public street is to be changed or replaced, it shall comply with all other local
regulations as well as the provisions of 10-19-6 (New Cemeteries) (E) above.
(F)
Subsurface grave site interments in development areas may continue in accordance with the
pattern established by existing burials. Undeveloped areas abutting adjacent residential lots are
subject to a setback provision of 25 feet from said property line. The use of the first 25 feet of
undeveloped areas adjacent to public streets shall be restricted to flush mounted subsurface
gravesite interments only.
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10-19-6
(G)
Proposed outside storage or display shall be screened from view of adjacent property and public
streets by landscaping or fencing at least seventy-five percent (75%) opaque. This includes but is
not limited to, trash bins, and vaults or headstones for sale or future use.
(H)
Subject to applicable property line and public street setback requirements as set out in 10-19-
6II.C, a crematory shall be a permissive use within Memorial Park Cemetery.
-515A-
90128-0807
10-20-1
10-20-2
TITLE 10 ZONING
CHAPTER 20
ADDITIONAL HEIGHT, YARD, AND DENSITY REGULATIONS
SECTIONS:
10-20-1 Exceptions to Height Limits
10-20-2 Additional Yard Requirements
10-20-3 Exceptions to Yard Requirements
10-20-4 Exceptions to Lot Area and Width Requirements
10-20-1 Exceptions to Height Limits. Height limits may be
exceeded in the following instances:
(A) Public, semi-public, or public service buildings, hospitals,
institutions, agricultural buildings, or schools when per-
mitted in a 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.
(B) Television and radio towers, 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.
10-20-2 Additional Yard Requirements. The following additional
yard requirements must also be observed:
(A) Whenever a lot abuts upon a public alley, one-half (1/2) of
the alley width may be considered as a portion of the required
yard. For the purpose of side yard regulations, a two (2)
family dwelling or multiple dwelling shall be considered as
one (1) building occupying one (1) lot.
(B) 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 (10').
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10-20-2
(C) On a lot fronting on two (2) nonintersecting streets, a front
yard must be provided on both streets.
(D) 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 twenty-eight feet (28'),
except that there shall be a yard along the side street of
such a lot of at least five feet (5').
(E) Where a frontage is divided among districts with different
front yard requirements, the deepest front yard required shall
apply to the entire frontage.
(F) In the C-1, M-1, and S-1 Districts, there may be more than one
(1) 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.
(G) There may be two (2) or more related multi-family, hotel,
motel, or institutional buildings on a lot; provided that
(a) the required yards be maintained around the group of
buildings, and (b) buildings that are parallel or that are
within forty-five degrees (45
0
) of being parallel be separated
by a horizontal distance that is at least equal to the height
of the highest building.
(H) No part of an existing building that violates yard regulations
when damaged by any cause whatsoever to the extent of more
than sixty-five percent (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.
(I) 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.
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10-20-3
(J) The minimum width of side yards for schools, libraries, places
of worship, community buildings, and other public and semi-
public buildings in residential districts shall be twenty-
five feet (25'), 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.
10-20-3 Exceptions to Yard Requirements. The following
exceptions may be made to the yard requirements:
(A) Where, on the effective date of this Ordinance, forty percent
(40%) or more of a frontage was occupied by two (2) 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 (10') 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
one hundred feet (100') of a building on each side, then
the front yard is a line drawn from the closest front
corners of these two (2) adjacent buildings.
3. Where neither subsections 1 nor 2 is the case, and the
lot is within one hundred feet (100') of an existing
building on one side only, then the front yard is the
same as that of the existing adjacent building.
(B) Sills, belt courses, window air-conditioning units, chimneys,
cornices, and ornamental features may project into a required
yard a distance not to exceed twenty-four inches (24").
(C) Filling station pumps and pump islands may occupy required
yards, provided, however, that they are not less than fifteen
feet (15') from all lot lines.
(D) Signs in accordance with Section 10-19-2.
(E) 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 (5'), when so placed as to not obstruct
light and ventilation.
(F) Open, unenclosed, or screened porches (not glassed in) may
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10-20-4
extend ten feet (10') into a front yard.
(G) 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 (2') from the
adjacent side lot line.
(H) 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.
(I) Accessory buildings and uses may be located in a rear yard,
but may not occupy more than forty percent (40%) of a rear
yard.
(J) Any accessory building or use closer than ten feet (10') to
a main building shall be considered as part of the main building
and shall be provided with the side and rear yards required
for the main building.
(K) An accessory building or use more than ten feet (10') to a
main building may be erected within four feet (4') of a side
or rear lot line, but must be located at least sixty feet
(60') from the front lot line when entry is from an alley or
street at the rear, and four feet (4') behind the front
building line of the main building when entry is from the
street at the front.
(L) Where a garage door is parallel to the alley and is entered
from an alley, it must be setback ten feet (10') from the
alley line.
(M) On corner lots, the minimum buildable width of twenty-eight
feet (28') for main buildings is reduced to twenty-two feet
(22') for accessory buildings.
(N) Satellite receiving dishes shall be erected and maintained
behind the building line in residential districts and shall be
located not nearer than four feet (4') to any side or rear lot
line.
10-20-4 Exceptions to Lot Area and Width Requirements.
The minimum lot area and lot width requirements established above
may be modified as follows:
(A) 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 never-
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10-20-4
theless be used for any use permitted in the district in
which it is located.
(B) The number of permitted dwelling units for multiple dwellings
may be increased in the following instances:
1. By five percent (5%) if a landscaped buffer area not
used for off-street parking, with a minimum depth of
ten feet (10') or a masonry wall six feet (6') in height
is provided on all lot lines that are also district
boundaries with a less restricted zoning district.
2. By ten percent (10%) if the project provides at least
two (2) off-street parking spaces for each dwelling unit.
3. By five percent (5%) if all of the required parking
spaces are enclosed or in an underground structure.
4. By ten percent (10%) 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.
5. By five percent (5%) if the buildings proposed in the
project meet the requirements of the Department of
Defense, Office of Civil Defense, and can be officially
designated as Fallout Shelters having a capacity equal
to or greater than the number of residents allowed in
the project.
The above percentages are to be applied individually and not
cumulatively.
(C) Existing buildings that are in violation of lot area require-
ments may be remodeled or repaired, but may not be recon-
structed or structurally altered unless made to conform to
existing yard requirements for that district.
(D) 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.
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10-21-1
10-21-2
TITLE 10 ZONING
CHAPTER 21
ADDITIONAL OFF-STREET PARKING AND LOADING REGULATIONS
SECTIONS:
10-21-1 Rules for Computing
10-21-2 Location of Required Parking Spaces
10-21-3 Standards for Parking Lots and Garages
10-21-4 Operation of Parking Lots and Garages
10-21-5 Off-Street Loading Requirements
10-21-6 Exceptions
10-21-1 Rules for Computing. In computing the number of
required off-street parking spaces, the following rules shall apply:
(A) Floor area shall mean the gross floor area of the specific
use, excluding any floor or portion thereof used for parking,
as herein defined.
(B) Where fractional spaces result, the parking spaces required
Shall be the nearest whole number.
(C) In the case of mixed uses, the parking spaces required shall
equal the sum of the requirements of the various uses computed
separately.
(D) Whenever an existing building or use is changed or enlarged
in floor area, number of employees, number of dwelling units,
seating capacity, or otherwise, parking spaces shall be
provided on the basis of the enlargement of change.
10-21-2 Location of Required Parking Spaces. All parking
spaces required herein shall be located as follows:
(A) The parking spaces required for residential buildings or uses
shall be located on the same lot with the building or use
served and located behind the front building line. The parking
spaces required for any other building or use may be located on
an area within three hundred feet (300') of said building and two
(2) or more owners of buildings may join together in providing the
required parking spaces. Where the required
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10-21-3
parking spaces are not located on the same lot with the
building or use served, the usage of the lot or tract upon
which said parking spaces are provided shall be restricted
by an instrument of record describing the premises for which
said parking is provided and assuring the retention of such
parking so long as required by this Ordinance.
(B) No required parking spaces may be located in a front yard in
any R Residential District.
10-21-3 Standards for Parking Lots and Garages. Parking
lots and garages shall conform with the following improvement and
maintenance standards:
(A) Such lot shall be surfaced with asphalt or concrete for all-
weather parking.
(B) Adequate provision shall be made for the disposal of storm
water so that water will not flow onto adjoining property or
adjacent sidewalks in a quantity or manner that would be
detrimental thereto, or inconvenient to persons using the
sidewalk.
(C) A structurally sound wall or other abutment approved by the
City Engineer to insure safety shall be installed around each
side of the parking lot wherever necessary to prevent the
washing of soil to and from adjoining property, and a wall
or screen of such height and character as are necessary for
adequate screening of the parking lot from adjacent property
shall also be provided to meet requirements of the City
Engineer.
(D) The location and width of entrances and exits to and from
the lot or garage shall be as determined by the City Engineer,
but there shall not be more than one (1) entrance and one
(1) exit, or one (1) combined entrance or exit, along any
one (1) street, unless the same is deemed necessary by the
Council for the alleviation of traffic congestion and
interference of traffic movement along such street.
(E) The location of each parking space and the location and direc-
tion of movement along the driveways providing access thereto
shall be indicated by painting upon the surface, by raised
directional signs, or by markers or other similar measures
placed in the surfacing, where required by the City Engineer.
(F) Wherever the parking lots or garages are to be used during
darkness, a system of flood lighting shall be installed to
provide an adequate standard of illumination over the entire
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10-21-4
parking lot. All flood lights shall be shielded so that
minimum glare will extend to adjacent property and shall meet
the requirements of the City Engineer.
(G) A sign, the size and character of which shall be approved by
the City Engineer, shall be installed showing the ownership
of the lot or garage and the permitted use thereof. If the
lot or garage is so operated that a charge is made for the
use of the parking facilities, the rates for parking shall
be legibly shown upon the sign.
(H) Landscape planting shall be installed on all parking lots and
on or adjacent to all garages. Such planting shall consist
of at least one (1) standard tree of three inch (3") diameter
or more for each ten (10) parking spaces in the lot or garage.
(I) A temporary shelter for the use of parking lot attendants may
be maintained on the lot, provided the location, construction,
and design of the same shall first be approved by the City
Engineer.
(J) The parking lot or garage shall be maintained in a manner to
keep it as free as practicable from dust, paper, and other
loose particles, and snow and ice shall be promptly removed
by the operator. All adjacent sidewalks shall be kept free
from dirt, ice, sleet, and snow and in a safe condition for
use by pedestrians. All signs, markers, or any other methods
used to indicate direction of traffic movement and location
of parking spaces shall be maintained in a neat and legible
condition. Likewise, any walls, trees, and shrubbery, as
well as surfacing of the parking lot or garage, shall be
maintained in good condition throughout its use for parking
purposes and the City Engineer shall have the authority to
prohibit the use of the area for parking purposes, unless and
until proper maintenance, repair, or rehabilitation is
completed.
10-21-4 Operation of Parking Lots and Garages. Any person
operating a parking lot or garage shall either:
(A) File with the City a bond in such form as may be prescribed
by the City Attorney and in such amount as required by the
Council, which shall be surety for any judgment for damages
rendered against the operator of the parking lot resulting
to person or property when incurred while using the parking
lot; or
(B) Carry public liability insurance in such amount as may be
required by the Council.
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10-21-5
10-21-6
10-21-5 Off-Street Loading Requirements. There shall be
provided at the time any building is erected or structurally altered,
off-street loading space in accordance with the following require-
ments:
(A) Office buildings, apartments, apartment hotels, motels, and
hotels: One (1) space for each five thousand (5,000) to
fifty thousand (50,000) square feet of gross floor area; two
(2) spaces for each fifty thousand (50,000) to two hundred
thousand (200,000) square feet of gross floor area; one (1)
additional space for each seventy-five thousand 75,000 square
feet of gross floor area above two hundred thousand (200,000)
square feet.
(B) Retail or service establishment or wholesale commercial use:
One (1) space for each two thousand (2,000) to twenty thousand
(20,000) square feet of gross floor area; two (2) spaces for
each twenty thousand (20,000) to one hundred thousand (100,000)
square feet of gross floor area; one (1) additional space for
each seventy-five thousand (75,000) square feet of gross
floor area above one hundred thousand (100,000) square feet.
(C) Manufacturing or industrial use: One (1) dock per ten thousand
(10,000) square feet; two (2) docks per twenty thousand
(20,000) square feet; and three (3) docks per thirty thousand
(30,000) square feet of floor space. For any structure of
greater size, an applicant may present, upon his application
for a building permit, justification for deviating from this
ratio to the Building Official, who may at his or her discretion
allow a reduced ration of loading docks.
(D) In all cases where the off-street loading space is located
in a manner that a truck must back directly from a major
street into a loading space, a maneuvering space of not less
than fifty feet (50') shall be provided on the lot on which
the industry is located.
(E) All off-street loading spaces shall be paved and shall be
screened from any front yard area, either by the building
existing on the lot or by a planting screen or fence.
10-21-6 Exceptions. All nonresidential uses within the C-2
Central Commercial District shall be exempt from off-street parking
and loading requirements.
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10-22-1
10-22-1
TITLE 10 ZONING
CHAPTER 22
ADMINISTRATION
SECTIONS:
10-22-1 Conditional Uses
10-22-2 Board of Adjustment
10-22-3 Enforcement of Ordinance
10-22-4 Permits
10-22-5 Boundaries of Districts
10-22-6 Interpretations
10-22-7 Amendments of Ordinance
10-22-1 Conditional Uses. Application for conditional permits
for uses specifically authorized for consideration in the district
use regulations shall be filed with the Building and Zoning
Administrator, together with the appropriate application fee, and
upon such filing, the Building and Zoning Administrator shall
immediately refer the application to the Board of Adjustment for
hearing after publication of a public notice as provided by law.
Before authorizing the issuance of such a conditional use
permit, the Board of Adjustment may impose such conditions as will,
in the Board's judgment, ensure that:
(A) The establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the public's health,
safety, morals, comfort, or general welfare.
(B) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted.
(C) The conditional use will not substantially diminish and impair
property values within the neighborhood.
(D) The conditional use will be compatible with and will not
impede adjoining development and the proposed character of
the zoned district where it is to be located.
(E) Adequate utilities, access roads, drainage, and/or other
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10-22-2
necessary facilities will be provided.
(F) Adequate off-street parking and loading are provided and
ingress and egress are so designed as to minimize traffic
congestion in the public street.
(G) The conditional use shall in all other respects conform to
the applicable regulations of the district in which it is
located and all other applicable regulations provided in the
Zoning Ordinance.
(H) The Zoning Board of Adjustment shall find that there is a
public benefit for the conditional use.
10-22-2 Board of Adjustment.
(A) A Board of Zoning Adjustment consisting of five (5) members,
all of whom shall be residents and all of whom shall be
persons with knowledge of construction, architecture, fine
arts, engineering, landscape architecture, or law shall be
appointed by the Council. The terms of all members shall be
five (5) years and not more than two (2) members of the Board
shall be members of the Planning and Zoning Commission. Each
member shall serve until his or her successor is appointed.
Members of the Board shall be removable for nonperformance
of duty, misconduct in office, or other cause by the Council
upon written charges having been filed with the Council and
after a public hearing has been held regarding such charges,
a copy of the charges having been served upon the member so
charged at least ten (10) days prior to the hearing, either
personally, by registered mail, or by leaving the same at
his usual place of residence. The member shall be given an
opportunity to be heard and answer such charges. Vacancies
shall be filled by the Council and shall be for the unexpired
term.
(B) The Board shall organize and adopt rules in accordance with
the provisions of this Ordinance and with the Iowa Statutes.
Meetings of the Board shall be held at the call of the
chairman and at such other times as the Board may determine.
The chairman, or in his or her absence, the acting chairman,
may administer oaths and the Board may compel the attendance
of witnesses. All meetings of the Board shall be open to the
public. All business of the Board shall be transacted at
such meetings. The Building and Zoning Administrator shall
keep minutes of its proceedings showing the vote of each
item in question, and shall keep records of its examinations
and other official actions, all of which shall be immediately
filed in the Office of the Building and Zoning Administrator
and shall be a public record.
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10-22-2
10-22-2
(C)
Appeals to the Board may be taken by any person aggrieved. Such appeal shall be taken
within twenty (20) days after the decision by filing with the officer from whom the
appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken. The Board
shall fix a reasonable time for the hearing of the appeal, given seven (7) days' notice to
the parties in interest by publication of notice of hearing, and decide the same within a
reasonable time after it is submitted. Upon the hearing, any party may appear in person or
by attorney. The appropriate fee as established by resolution in Section 5-15-2 of this
Code shall be paid to the Building and Zoning Administrator at the time the notice of
appeal is filed, which the Building and Zoning Administrator shall forthwith pay over to
the Clerk to the credit of the General Revenue Fund.
(D)
The powers of the Board are:
1.
To interpret the Ordinance, being:
(a)
To hear and decide appeals where it is alleged there is an error in any
order, requirement, decision, or determination made by the Building
and Zoning Administrator in the enforcement of this ordinance.
(b)
To permit the extension of a district where the boundary line of a district
divides a lot held in a single ownership at the time of the passage of this
Ordinance.
(c)
To interpret the provisions of this Ordinance in such a way as to carry
out the intent and purpose of the plan, as shown upon the map fixing the
several districts accompanying and made a part of this Ordinance where the
street layout on the ground varies from the street layout as shown on the
mapaforesaid.
2.
To permit the following three (3) exceptions:
(a)
Use of premises for public utility.
(b)
Reconstruction of a nonconforming building that would otherwise be
prohibited by Section 10-18-5 where such action would not constitute
continuation of a monopoly.
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10-22-2
10-22-3
(c) Authorize upon appeal, whenever a property owner
can show that a strict application of the terms of
this Ordinance relating to the use, construction,
or alterations of buildings or structures or the
use of land will impose upon him unusual and
practical difficulties or particular hardship, such
variations of the strict application of the terms
of this Ordinance as are in harmony with its general
purpose and intent, but only when the Board is
satisfied that a granting of such variation will
not merely serve as a convenience to the applicant,
but will alleviate some demonstrable and unusual
hardship or difficulty so great as to warrant a
variation from the Comprehensive Plan as established
by this Ordinance, and at the same time, the
surrounding property will be properly protected.
3. To permit the following two (2) variations:
(a) Vary the yard regulations where there is an excep-
tional, unique, or unusual physical condition of a
lot, and which condition, when related to the yard
regulations of this Ordinance, would prevent a
reasonable or sensible arrangement of buildings on
the lot.
(b) Vary the parking regulations where an applicant
demonstrates conclusively that the specific use of
a building would make unnecessary the parking spaces
required by this Ordinance, but providing that such
a reduction not be more than fifty percent (50%)
of the usual requirement.
4. Exceptions. Interpretations, exceptions, and variations
involving the Flood Plain or Flood Channel Districts
shall be referred to the Iowa Natural Resources Council.
5. To allow conditional uses pursuant to the provisions of
Section 10-22-1 of the City Code.
10-22-3 Enforcement of Ordinance.
(A) Building and Zoning Administrator:
1. Duties. It shall be the duty of the Building and Zoning
Administrator to enforce this Ordinance. He or she
shall receive applications required by this Ordinance,
issue permits, and furnish the prescribed certificates.
He or she shall examine premises for which permits have
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10-22-4
been issued and shall make necessary inspections to
see that the provisions of law are complied with. He
or she shall enforce all laws relating to the construction,
alteration, repair, removal, demolition, equipment, use,
occupancy, location, and maintenance of buildings
and structures, except as may be otherwise provided for.
He or she shall, when requested by the City Administrator,
or when the interests of the Municipality so require,
make investigations in connection with matters referred
to in this Ordinance and render written reports on the
same. For the purpose of enforcing compliance with law,
he or she shall issue such notices or orders as may be
necessary.
2. Records. The Building and Zoning Administrator shall
keep careful and comprehensive records of minutes, of
applications or permits issued, of certificates issued,
of inspections made, of reports rendered, and of notices
or orders issued. He or she shall retain on file copies
of all papers in connection with building work so long
as any part of the building or structure to which they
relate may be in existence. All such records shall be
open to public inspection at reasonable hours, but shall
not be removed from the Office of the Building and Zoning
Administrator.
3. Cooperation of Other Officials. The Building and Zoning
Administrator may request and shall receive, so far as
may be necessary in the discharge of his or her duties,
the assistance and cooperation of the Engineer in
fixing grades, of the Chief of Police in enforcing
orders, of the Attorney in prosecuting violations, and
of other officials.
10-22-4 Permits.
(A) When Required. It shall not be lawful to construct, alter,
repair, remove, or demolish or to commence the construction,
alteration, removal, or demolition of a building or structure,
without first filing with the Building and Zoning Administrator
an application in writing and obtaining a formal permit.
(B) Form. An application for a permit shall be submitted in such
form as the Building and Zoning Administrator may prescribe.
Such application shall be made by the owner or lessee, or
agent of either, or the architect, engineer, or builder
employed in connection with the proposed work. If such
application is made by a person other than the owner in fee,
10-22-4
10-22-4
it shall be accompanied by a duly verified affidavit of the
owner in fee, or the person making the application that the
proposed work is authorized by the owner in fee and that the
person making the application is authorized to make such
application. Such application shall contain the full names
and addresses of the applicant and of the owner, and, if the
owner is a corporate body, of its responsible officers. Such
application shall describe briefly the proposed work and
shall give such additional information as may be required by
the Building and Zoning Administrator for an intelligent
understanding of the proposed work. Such application shall
be accompanied by payment of such fees as the Council may
determine from time to time.
(C) Plans. Application for permits shall be accompanied by such
drawings of the proposed work, including such floor plans,
sections, elevations, and structural details as the Building
and Zoning Administrator may require.
(D) Plat Diagram. There shall also be filed one (1) copy of a
plat diagram in a form and size suitable for filing per-
manently with the permit record, with all dimensions figured,
showing accurately the size and exact location of all
proposed new construction or, in the case of demolition, of
such construction as is to be demolished and of all existing
buildings.
(E) Amendments. Nothing in this Section shall prohibit the filing
of amendments to an application or to a plan or other record
accompanying the same at any time before the completion of the
work for which the permit was sought. Such amendments, after
approval, shall be filed with and be deemed a part of the
original application.
(F) Completion of Existing Buildings. Nothing contained in this
Ordinance shall require any change in the plans, construction,
size, or designated use of a building for which a valid
permit has been issued or lawful approval given before the
effective date of this Ordinance; provided, however, con-
struction under such permit or approval shall have been
started within six (6) months and the ground story framework,
including structural parts of the second floor, shall have
been completed within one (1) year and the entire building
completed within two (2) years after the effective date of
this Ordinance.
(G) Action on Application. It shall be the duty of the Building
and Zoning Administrator to examine applications for permits
within a reasonable time after filing. If, after examination,
- 530 -
10-22-4
10-22-4
he or she finds no objection to the same and it appears that
the proposed work will be in compliance with the laws and
ordinances applicable thereto, he or she shall approve such
application and issue a permit for the proposed work as soon
as practicable. If his or her examination reveals otherwise,
he or she will reject such application noting his or her finding
in a report to be attached to the application and delivering
a copy to the applicant.
(H) Approval in Part. Nothing in this Section shall be construed
to prevent the Building and Zoning Administrator from issuing a
permit for the construction of part of a building or structure
before the entire plans and detailed statements of said
building or structure have been submitted or approved, if
adequate plans and detailed statements have been presented for
the same and have been found to comply with this Ordinance.
(I) Condition of the Permit. All work performed under a permit
issued by the Building and Zoning Administrator shall conform
to the approved application and plans and approved amendments
thereof. The location of all new construction as shown on the
approved plot diagram, or an approved amendment thereof, shall be
strictly adhered to. It shall be unlawful to reduce or
diminish the area of a lot or plot of which a plot diagram has
been filed and has been used as the basis for a permit, unless
a revised plot diagram showing the proposed change in
conditions shall have been filed and approved; provided that
this shall not apply when the lot is reduced by reason of a
street opening or widening or other public improvement.
(J) Signature to Permit. Every permit issued by the Building and
Zoning Administrator under the provisions of this Ordinance
shall have his or her signature affixed thereto; but this
shall not prevent him or her from authorizing a subordinate
to affix such signature.
(K) Limitation. A permit under which no work is commenced within
one (1) year after issuance shall expire by limitation.
(L) Posting of Permit. A copy of the permit shall be kept on the
premises open to public inspection during the prosecution
of the work and until the completion of the same. The
Building and Zoning Administrator may require a certified
copy of the approved plans to be kept on the premises at all
times from the commencement of the work to the completion
thereof. The Building and Zoning Administrator shall be
given at least twelve (12) hours' notice of the starting of
work under a permit.
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10-22-4
(M) Revocation. The Building and Zoning Administrator may revoke
a permit or approval issued under the provisions of this
Ordinance in case there has been any false statement or
misrepresentation as to a material fact in the application
or plans on which the permit or approval was based.
(N) Certificate of Occupancy for a Building. No building shall
be occupied before a Certificate of Occupancy has been issued.
A Certificate of Occupancy for a new building or the recon-
struction or alteration of an existing building shall be
applied for coincident with the application for a building
permit and said Certificate shall be issued with three (3)
days after the request for the same shall have been made in
writing to the Building and Zoning Administrator after the
erection or alteration of such building or part thereof shall
have been completed, and in the case of new subdivisions,
when all public improvements, including sewers, streets, and
utilities, have been accepted in accordance with the
provisions of this City Code. Pending the issuance of a
regular Certificate, a temporary Certificate of Occupancy may
be issued by the Building and Zoning Administrator for a
period not exceeding one (1) year during the completion of
alterations or during partial occupancy of a building pending
its completion. Such temporary Certificate shall not be
construed as in any way altering the respective rights,
duties, or obligations of the owners or of the tenants
relating to the use or occupancy of the premises or any other
matter covered by this Ordinance, and such temporary
Certificate shall not be issued, except under such
restrictions and provisions as will adequately insure the
safety of the occupants.
The process of issuing this Certificate of Occupancy shall
be considered the minimum enforcement requirement for the
protection of the public health, safety, and welfare of the
residents of the City of Muscatine. However, if in the case
of a new subdivision, all public improvements are not
acceptable prior to request for a regular Certificate of
Occupancy, the subdivider or his agent may request a waiver
from the City Council of this provision. The developer or
his agent must clearly demonstrate that due to peculiar
conditions pertaining to his subdivision, the literal
enforcement of one or more steps of this process is
impractical or will exact undue hardship. The City Council
may waive the requirement for completion of the public
improvements prior to issuance of a regular Certificate of
Occupancy for a reasonable period of time until the
deficiency is corrected by the subdivider or his agent.
In allowing a waiver due to a specific situation, the City
- 532 -
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Council shall not release the performance bond and also shall
notify the bonding company of the deficiency and a reason-
able period of time for correction to the satisfaction of
the City Council. (Any action taken by the City Council
under the terms of this process shall give primary con-
sideration to the welfare of the entire community.)
(0) Content of Certificate of Occupancy. A Certificate of
Occupancy shall state that the building or proposed use of
the building complies with all the building and health laws
and ordinances and with the provisions of these regulations.
A record of all certificates shall be kept on file in the
Office of the Building and Zoning Administrator and copies
shall be furnished on request to any person having a proprietary
or tenancy interest in the building affected. (Note
Subdivision Regulations, Title 11.)
(P) Building Permit. No permit for construction of any building
shall be issued before application has been made for a
Certificate of Occupancy.
10-22-5 Boundaries of Districts. Where uncertainty exists
with respect to the boundaries of the various districts as shown
on the District Map accompanying and made a part of this Ordinance,
the following rules apply:
(A) The district boundaries are either streets or alleys, unless
otherwise shown, and where the districts designated on the
map accompanying and made a part of this Ordinance are bounded
approximately by street or alley lines, the street or alley
shall be construed to be the boundary of the district.
(B) Where the district boundaries are not otherwise indicated
and where the property has been or may hereafter be divided
into blocks and lots, the district boundaries shall be con-
strued to be the lot lines, and where the districts designated
on the District Map accompanying and made a part of this
Ordinance are bounded approximately by lot lines, the lot
lines shall be construed to be the boundary of the districts,
unless the boundaries are otherwise indicated on the Map.
(C) In unsubdivided property, the district boundary lines on the
Map accompanying and made a part of this Ordinance shall be
determined by use of the scale appearing on the Map.
10-22-6 Interpretations. In interpreting and applying the
provisions of this Ordinance, they shall be held to be the minimum
requirements for the promotion of the public safety, health,
convenience, comfort, morals, prosperity, and general welfare. It
- 533 -
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10-22-7
is not intended by this Ordinance to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, except that if this Ordinance imposes a greater
restriction, this Ordinance shall control.
10-22-7 AmendmentsofOrdinance.
(A)
The Council may, from time to time, on its own motion or on petition, after public notice
and hearing as provided by law and after report by the Commission, amend, supplement,
or change the boundaries or regulations herein or subsequently established. In case the
Commission disapproves the proposed change or in case of a protest against such change
signed by the owners of twenty percent (20%) or more, either of the area of the lots
included in such proposed change, or of those immediately adjacent in the rear thereof or
directly opposite thereto extending the depth of one (1) lot or not to exceed two hundred
feet (200') therefrom or two hundred feet (200') from the street frontage of opposite lots,
such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of
all members of the Council. If no report is received from the Commission in sixty (60)
days, it may be assumed that said Commission has approved the amendment.
(B)
Before any action shall be taken as provided by this Section, the party or parties
proposing or recommending a change in the district boundaries or district regulations
shall file with the Planning Administrator a petition or application accompanied by the
appropriate filing fee as established by resolution in Section 5-15-2 of this Code to cover
the approximate cost of this procedure and under no condition shall said sum or any part
thereof be refunded for failure of said change to be adopted by the City Council.
(C)
Change in Flood Plan or Flood Channel District boundaries shall be referred to the Iowa
ResourcesCouncil.
- 534 -
10-23-1
10-23-1
TITLE 10 ZONING
CHAPTER 23
DEFINITIONS
SECTION:
10-23-1Definitions
10-23-1 Definitions. ForthepurposeofthisOrdinance, certaintermsarehereby
defined:
Wordsusedinthepresenttenseshallincludethefuture; thesingularnumbershall
includethepluralandthepluralthesingular; theword'building"shallincludethewords
"structure" and "premises"; the word "shall" is mandatory and not directory; the words
"used" or "occupied" include the words "intended", "designed", or "arranged to be used or
occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person"
includes a firm, associations, organization, partnership, trust, company, or
corporation, as well as an individual. Any word not herein defined shall be as
defined in any recognized standard English dictionary.
AccessoryBuilding:
Accessory Use:
A subordinate building, the use of which is incidental to
and customary in connection with the principal building
or use and which is located on the same lot with such
principalbuildingoruse.
Asubordinateusewhichisincidentaltoandcustomaryin
connectionwiththeprincipalbuildingoruseandwhichis
located on the same lot with such principal building or
use.
Agricultural
Agriculturalactivity, includingforestsandforestproducts;
Activity:
harvestandmanagement; dairyfarming; livestockgrazing
andpasturage; truckgardening, theraisingofcrops, fruit,
and nursery stock; fish farms; animal kennels and fur
bearing animal farms; the harvesting, processing,
packaging, packing, shipping, and selling of products
produced on the premises, and incidental farm
occupationsandusessuchasmachinery, farmequipment,
and domestic repair and construction; excluding
commercialfeedlots.
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10-23-1
Alley:
AmbientNoise:
Amortization:
Apartment:
Assembling:
AutomobileService
Station:
Basement:
BedandBreakfast
Home:
Billboard:
10-23-1
A public or private thoroughfare which affords only a
secondarymeansofaccesstoabuttingproperty.
The all-encompassing noise associated with a given
environment for a specified period of time, usually being
a composite of sounds from many sources, near and far.
Theestablishedprocessofeliminatingnonconforming
uses over a period of time.
See Dwelling Unit.
Combiningtwo(2)ormorefinishedproductsintoasingle
product.
Any land, building, structure, or premises used for the
sale at retail of motor vehicle fuels, oils, or accessories, or
for servicing or lubricating motor vehicles or installing or
repairing parts and accessories; but not including the
repairing or replacing of motors, bodies, or fenders of
motorvehiclesorpaintingmotorvehicles, publicgarages,
and the open storage of rental vehicles or trailers.
A story having part, but not more than one-half (1/2) of
its height below grade. A basement is counted as a story
for the purposes of height regulation if subdivided and
used for dwelling purposes other than by a janitor
employed on the premises.
Means a private residence which provides lodging and
meals for guests, in which the owner resides and in which
no more than two guest families are lodged at the same
time and which, while it may advertise and accept
reservations, does not hold itself out to the public to be a
restaurant, hotel or motel, does not require reservations
and serves food only to overnight guests.
Any structure or portion thereof upon which are signs or
advertisementsusedonanoutdoordisplay. (SeealsoSign
Ordinance.)
Board:
MeansBoardofAdjustmentestablishedinChapter21.
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10-23-1
BoardingHouse:
BuildableWidth:
Building:
BuildingandZoning
Administrator:
Building Height of:
A building, other than a hotel or apartment hotel, where
for compensation and by pre-arrangement for definite
periods, lodging, meals, orlodgingandmealsareprovided
for three (3) or more persons.
The width of the lot left to be built upon after the side
yardsareprovided.
Anystructurehavingaroofsupportedbycolumnsofwalls
for the shelter or enclosure of persons or property. For
the purposes of this definition "roof' shall include awning
or other similar covering, whether permanent in nature
or not.
The individual designated to administer the Zoning
Ordinance and who is responsible for the enforcement of
theregulationsimposedbysaidOrdinance.
The vertical distance from the grade to (a) the highest
point of a flat roof; (b) the deck line of a mansard roof; (c)
the average height between eaves and ridge for gable, hip,
and gambrel roofs; or (d) the average height between high
and low points of a shed roof.
See Diagram Below
- 537 -
10-23-1
el or apartment hotel, where
arrangement for definite
periods, lodging, meals, orlodgingandmealsareprovided
The width of the lot left to be built upon after the side
Anystructurehavingaroofsupportedbycolumnsofwalls
for the shelter or enclosure of persons or property. For
the purposes of this definition "roof' shall include awning
or other similar covering, whether permanent in nature
signated to administer the Zoning
Ordinance and who is responsible for the enforcement of
theregulationsimposedbysaidOrdinance.
The vertical distance from the grade to (a) the highest
point of a flat roof; (b) the deck line of a mansard roof; (c)
average height between eaves and ridge for gable, hip,
and gambrel roofs; or (d) the average height between high
2/2/8983654
10-23-1
10-23-1
Building Line:
A line parallel to the street establishing the closest point
to the street at which a house is permitted to be
constructed.
Bulk Storage:
The outdoor storage of a product or material in large
quantities.
Cellar:
Cemetery:
That part of a building having more than one-half (1/2)
of its height below the average grade of the adjoining
ground.
Land used or intended (10 acre minimum) to be used for
the burial of deceased humans. A marker or memorial is
erected at each gravesite for permanent remembrance of
the deceased. Other principal uses permitted on land
used or intended for use as a cemetery include
columbariumsandmausoleums; incidentalusesinclude
businessdesignedforthebenefit, service, convenienceor
spiritual uplift of cemetery lot owners or persons visiting
the cemetery. Accessory uses include utility buildings,
maintenance storage areas, chapels and cemetery
administrationoffices.
Note. Interiorcolumbariumsarepermittedancillaryuses
within places of worship.
Chapel:
A structure intended for use as a place of worship or non-
denominationalassemblyorvisitation.
City:
The City of Muscatine, Iowa.
Clinic:
An establishment where patients are not lodged
overnight, but where they may be admitted for
examinationortreatmentorobservationbyanindividual
or group of individuals engaged in certain of the healing
arts. In order to qualify as a clinic, the establishment
must be operated and staffed by an individual or group of
individuals who are licensed under the provision of
Chapter 147 of the 1989 Code of Iowa to practice
medicineandsurgery, podiatry, osteopathy, osteopathic
medicineandsurgery, psychology, chiropractic, physical
therapy, nursing, dentistry, andoptometry.
12/4/8682846
- 538 -
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10-23-1
10-23-1
Club:
Columbarium:
CommercialFeed
Lot:
Commission:
CommonLand:
ConditionalUse:
Condominium:
Council:
Court:
dBA:
Decibel:
District:
Buildings and facilities owned or operated by a
corporation, association, person, or persons for a social,
educational, orrecreationalpurpose, butnotprimarilyfor
profit and not primarily to render a service which is
customarilycarriedonasabusiness.
A building or structure designed with niches for the
location of urns to hold the ashes of cremated persons.
An area of and devoted to raising and feeding of livestock
where the operation is not a part of normal agricultural
activity.
TheCityPlanningandZoningCommissionofMuscatine,
Iowa.
Land held and/or used jointly by two (2) or more owners
of other land in proximity to it. Usually established by
subdivisionregulations.
The use allowed in a zoning district after a permit is
granted by the Board of Adjustment according to the
provisionsofSection10-22-1.
A legal form of ownership of real property, usually
individual ownership of a dwelling unit in a multi-unit
development where some rights are held in common by
the residents of that development.
The City Council of Muscatine, Iowa.
An open space more than one-half (1/2) surrounded by
buildings.
A unit of measure of sound intensity as measured on the
"A" scale, such scale being that which is audible to the
human ear.
A unit of measure in determining sound intensity.
A part of the City wherein regulations of this Ordinance
are uniform.
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Drive-In Use:
Any establishment designed for the general public to
make use from their vehicles of the sales or service
provided on the premises.
Duplex:
A building or structure limited to two (2) individual
residentialunits. (SeeDwellingTwo-Family.)
Dwelling:
Any building or portion thereof which is designated and
usedexclusivelyforresidentialpurposes.
Dwelling
Single-Family:
DwellingTwo-Family:
DwellingMultiple:
DwellingUnit:
Abuildingdesignedfororoccupiedexclusivelybyone(1)
family.
A building or structure limited to two (2) individual
residentialunits. (SeeDuplex.)
A building designed for or occupied exclusively by three
(3) or more families.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single
family as defined herein.
Farm:
SeeAgriculturalActivity.
Farm Residence:
A structure utilized as a residence, located on or in
conjunction with a crop producing farm property of forty
(40) acres or more and housing either the farm owner or
tenant who is actively engaged in the farming of said
property.
Feedlot:
A tract of land or structure wherein any type of fowl or
livestockaremaintainedinclosequartersforthepurpose
of fattening for final shipment to market.
Fence:
Astructureforenclosingorscreening.
Flood Channel:
The channel of a river or other watercourse and the
(Floodway):
adjacent portion of the flood plain required to convey the
one hundred (100) year flood without increasing the
water surface elevation more than one foot (1') at any
point assuming equal conveyance reduction outside the
channel from the two (2) sides of the flood plain.
-540 -
10-23-1
10-23-1
FloodInsurance
Rate Map:
FloodPlain:
FloodProofing:
Floor Area:
FloorAreaRatio:
Frontage:
Garage, Private:
Garage, Public:
Garage, Storage:
The official map prepared by the U.S. Department of
Housing and Urban Development - Federal Insurance
Administrationdelineatingwherefloodinsurancemaybe
sold and the risk premium zones applicable to such area.
The area adjoining a river or other watercourse that on
the average is likely to be flooded once every one hundred
(100) years (i.e., that has a one percent (1%) chance of
flood occurrence in every one year), assuming the
operation of all existing flood control structures.
Any combination of structural and nonstructural
additions, changes, or adjustments to structures,
including utility and sanitary facilities, which would
precludetheentryofwater. Structuralcomponentsshall
have the capability of resisting hydrostatic and
hydrodynamicloadsandtheeffectofbuoyancy.
The square feet of floor space within the outside line of
walls and includes the total of all space on all floors of a
building. Itdoesnotincludeporches, garages, orspacein
a basement or cellar when said basement or cellar space
is used for storage or incidental uses.
The floor area of the building or buildings on any lot
divided by the area of the lot.
That continuous portion of a lot fronting on an improved
publicstreet.
A detached accessory or portion of a main building
housing the motor driven vehicles of the occupants of the
premises, butnotcommercialvehicles.
A building or portion thereof, other than a private or
storagegarage, designedorusedforequipping, servicing,
repairing, hiring, selling, storing, orparkingmotor-driven
vehicles. The term repairing shall not include an
automotive body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles.
Any building or premises used for housing only
motor-drivenvehicles, otherthantrucksandcommercial
vehicles.
- 541 -
10-23-1
10-23-1
Grade:
The average level of the finished surface of the ground
adjacent to the exterior walls of the building.
GroupHome:
HistoricSite:
HomeOccupation:
Hospital:
Hotel:
Any premises, privately or publicly sponsored, where
board and supervision are given to persons not related by
blood or marriage to the owner or primary occupant
thereof, for the purpose of social rehabilitation and/or
long-termshelteredcare.
A site, building, or structure which has local, state, or
national historical significance, as determined by the
appropriateauthority.
Any occupation or profession carried on by a member of
the immediate family residing on the premises in
connection with which there is used no sign other than a
name plate, not more than one (1) square foot in area, or
no display that will indicate from the exterior that the
building is being utilized in whole or part for any purpose
other than that of a dwelling or garage; there is no
commoditysolduponthepremises; nopersonisemployed
other than a member of the immediate family residing on
the premises; and no mechanical equipment is used,
except such as is customarily for purely domestic
householdpurposes, providedthatcobbler'sworkorshoe
repair work (including the use of such mechanical
equipment as is normally used for such repair) shall be
considered a home occupation so long as it meets all the
other occupation criteria set forth herein.
An establishment providing physical or mental health
service, in-patient or overnight accommodations, and
medical or surgical care of the sick or injured. Hospital
includessanitariums.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient
guestsincontradistinctiontoaboardinghouseorlodging
house as herein defined.
Institution:
Anonprofitestablishmentforpublicuse.
Junk:
Any worn out, cast off, or discarded article or material
which is ready for destruction or has been collected or
stored for salvage or conversion to some use.
10-23-1
Junk Yard:
The use of land, whether inside or outside a structure, for the
Kennel:
An establishment where small animals are boarded for
LandscapedArea:
Large Scale Retail
Development:
Lodging or
RoomingHouse:
Lot:
A parcel of land occupied or
Lot, Area:
ILLUSTRATION OF LOT DEFINITIONS
The use of land, whether inside or outside a structure, for the
keeping or abandonment of junk. (Also see salvage.)
An establishment where small animals are boarded for
compensation or where dogs are bred or raised on a commercial
scale.
An area that is permanently devoted and maintained to the growing
of shrubbery, grass, and other plant material.
A property of twenty (20) acres or more including the main lot and
subdivided lot(s), which is used primarily for purposes as defined
in Section 10-11-1(A), (B), (F), and (G); and Sect
(B), (F), (G), (H), and (I). The Large Scale Retail Development can
be one or multiple owners for the entire property or any individual
subdivided lot.
Same as "Boarding House".
A parcel of land occupied or intended for occupancy by a use
permitted in this Ordinance, including one (1) main building
together with its accessory buildings, open spaces, and parking
spaces required by this Ordinance, and having its principal
frontage upon an improved road or street.
The total horizontal area within the lot lines of the lot.
ILLUSTRATION OF LOT DEFINITIONS
Corso.
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- 543 -
10-23-1
The use of land, whether inside or outside a structure, for the
nment of junk. (Also see salvage.)
An establishment where small animals are boarded for
compensation or where dogs are bred or raised on a commercial
An area that is permanently devoted and maintained to the growing
bery, grass, and other plant material.
A property of twenty (20) acres or more including the main lot and
subdivided lot(s), which is used primarily for purposes as defined
1(A), (B), (F), and (G); and Section 10-11-2(A),
(B), (F), (G), (H), and (I). The Large Scale Retail Development can
be one or multiple owners for the entire property or any individual
intended for occupancy by a use
permitted in this Ordinance, including one (1) main building
together with its accessory buildings, open spaces, and parking
spaces required by this Ordinance, and having its principal
The total horizontal area within the lot lines of the lot.
Unwell
List
.
87447-1299
MobileHomePark:
ModularBuilding:
10-23-1
A lot abutting upon two (2) or more streets at their
intersections.
The mean horizontal distance between the front and rear
lot lines.
A lot having a frontage on two (2) nonintersecting roads,
as distinguished from a corner lot.
A lot other than a corner lot.
A lot or parcel of land the plat or deed of which has been
recorded prior to the adoption of this Ordinance.
The width of a lot at the front yard line.
Theactofmakinggoodsorarticlesfromrawmaterialsor
unfinishedproducts. Includesprocessingandassembling.
Abuildingorstructuredesignedwithvaultstoholdmany
caskets or crematory urns.
A transportable manufactured structure built on a chassis
and designed to be used as a dwelling, with or without a
permanent foundation, when connected to the required
utilities.
A parcel of land, ten (10) acres or more in area, under
single ownership on which two (2) or more mobile homes
are occupied as residences, not accessory to a farm,
developed in accordance with a site development plan
meeting all the requirements of this Ordinance.
A prefabricated transportable building manufactured in
whole or in part off the site, designed to be used by itself
or to be incorporated with similar units at a building site
into a modular structure. The term is intended to apply
to major assemblies and does not include prefabricated
panels, trusses, or sub-elements which are to be
incorporated into a structure at the site.
10-23-1
Lot, Corner:
Lot, Depth:
Lot, Double
Frontage:
Lot, Interior:
LotofRecord:
Lot, Width:
Manufacturing.
Mausoleum
.
Mobile Home
(HouseTrailer):
-544-
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10-23-1
10-23-1
Motel, Motor Court,
Motor Lodge, or
TouristCourt:
Nonconforming Use:
Anybuildingorgroupofbuildingscontainingguestrooms
or dwelling units, some or all of which have a separate
entranceleadingdirectlyfromtheoutsideofthebuilding
with garage or parking space conveniently located on the
lot, and designed, used, or intended wholly or in part for
theaccommodationofautomobiletransients.
The use of any building, structure, or land existing at the
time of the enactment of this Ordinance, or any
amendments thereto, which does not conform in whole
or in part to the provisions of this Ordinance or its
amendments.
Noxious Fumes:
Fumes which are in sufficient quantity to be harmful to
health.
NurserySchool
Anyland, building, structure, orpremisesusedforeduc-
(ChildCare):
ationalinstructionand/orsupplementalparentalcarefor
four (4) or more children, either on an hourly or daily
basis, withorwithoutcompensation.
Nursing Home:
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept, or
provided with food and shelter or care for compensation,
butnotincludinghospitals, clinics, orsimilarinstitutions
devoted primarily to the diagnosis and treatment of the
sick and injured.
Office:
OneHundred(100Year)
Frequency Flood:
The building, room, or series of rooms in which the affairs
of a business, profession, or branch of government are
conducted.
That portion of the flood plain of the Mississippi River its
tributary streams that would be inundated by the limits
established for a hypothetical flood having a recurrence
frequency of once in about one hundred (100) years, as
determined by the U.S. Corps of Engineers.
Open Area:
That part of a lot on which no part of a building or
structureextendsabovethefollowingelevations:
(A) Two feet (2') above the highest curb elevation of the
street or streets that bound the lot;
-545 -
10-23-1
10-23-1
(B) One foot (1') above the adjacent curb elevation for
each one and one-fourth foot (1 1/4') the building or
structure is set back from the street lot line, except
that no portion of the structure shall exceed twelve
feet (12') above the adjacent curb elevation. This
provision shall apply to walls or structures that do
not extend more than four feet (4') above the
adjacentcurbelevation.
Parking Area (Lot):
An open area, other than the street, intended and used
for the temporary parking of motor vehicles.
ParkingSpace:
Asurfacedarea, enclosedorunenclosed, sufficientinsize
to store one (1) automobile less than nine feet (9') wide
and twenty feet (20') long, together with a driveway
connecting the parking space with a street, road, or alley
and permitting ingress and egress of that automobile
without the necessity of moving any other automobile.
Premises:
Alot, togetherwithallbuildingsandstructuresthereon.
Processing:
Salvage or Junk Yard:
To prepare a product for sale by either a special
treatment or to change it through a series of steps, but
not the original manufacture of a component part.
Any land, building, or other structure used for the
storage, collection, processing, orconversionofanyworn
out, cast off, or discarded metal, paper, glass, or other
material which is ready for destruction, or has been
collected or stored for salvage or conversion to some use.
This includes, but is not limited to, such things as
automobiles, machinery, farm implements, household
appliances, and construction materials. (Also see Junk
Yard.)
SatelliteReceiving
Anapparatusthatallowsmicrowavestoreflectbacktoan
Dish:
antenna, also commonly referred to as an earth station.
Setback:
The distance between any street line and the nearest
point to which any building or structure can be
erected. All measurements shall be to the outside
edge of the ground floor wall nearest the lot line or
street line.
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Sign:
A sign is any structure or part thereof or device attached
thereto or painted or represented thereon, which shall be
used to attract attention to any object, product, place,
activity, person, institution, organization, or business; or
which shall display or include any letter, word, model,
banner, flag, pennant, insignia, device, or representation
used as, or which is in the nature of, an announcement,
direction, or advertisement. For the purpose of this
Ordinance, the word “sign” does not include the flag,
pennant, or insignia of any nation, state, city, or political
unit,
or
other
political,
educational,
charitable,
philanthropic, civic, professional, religious, or like
campaign, drive, moment, or event. (See Sign Ordinance.)
Sign, Advertising:
A sign which directs attention to a business or commodity,
service, or entertainment conducted, sold, or offered
elsewhere than on the premises. (See Sign Ordinance.)
Sign, Area:
The total area of the space to be used for advertising
purposes, including the spaces between open-type letters
and figures and the background structure or other
decoration or addition which is an integral part of the sign.
Sign supports shall be excluded in determining the area of a
sign. A double-faced sign shall have twice the total area of
a single-faced sign.
Sign, Electronic Message Center:
A light emitting diode (LED) sign that is controlled via
electronic communication. An electronic message center
(EMC) sign has information created on a computer using a
software program that allows the user to display static or
moving messages consisting of text, graphics, video
graphics, and animation, including the use of multiple
colors on a contrasting background. Unless otherwise
provided herein, EMC’s shall not be permitted to change
pages or images more frequently than once every two (2)
seconds. The use of EMC’s shall be restricted to on-site
advertising and/or the promotion of not-for-profit
communitywide events or activities.
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Historic Consideration: The use of Electronic Message
Center Signs within any Historic District as approved for
listing to the National Register of Historic Places by the
National Park Service is prohibited.
Sign, Ground:
Any sign erected, constructed, or maintained for the
purpose of displaying outdoor advertising by means of
posters, pictures, pictorial, and reading matter when such
sign is supported by two (2) or more uprights, posts, or
braces placed upon or affixed in the ground and not
attached to any part of a building.
Sign, Marquee:
Any sign affixed to a marquee over the entrance to a
building and supported from the building.
Sign, Portable
A sign, banner, sandwich board, mannequin, or advertising
display constructed of cloth, canvas, plastic, blackboard,
cardboard, wall board, metal, or other light material as well
as any vehicle or trailer, one (1) of the major uses of which
is as a fixed or mobile advertising display. Such described
signs shall be deemed portable if they are capable of being
carried or moved and not affixed in a permanent manner to
the ground, a structure, or other supporting device.
Sign, Post:
Any permanent sign supported by one (1) or more uprights
or braces in or upon the ground and not attached to any
building or wall, but not including a ground sign or
billboard.
Sign, Pylon:
A sign which may identify the name of a Large Scale Retail
Development (and may also identify the name and services
or merchandise of each or any of the retail stores, offices,
cinemas and restaurants located in the development), which
must be constructed in accordance with the requirements of
Section 10-19-2(D.1)c.
Sign, Roof:
Any sign erected, constructed, or maintained upon the roof
of any building.
Sign, Wall:
Any painted sign or poster on any surface or plane that may
be affixed to the front, side, or rear wall of any building.
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Solid Waste Transfer Station:
A site with a permanent enclosed structure for receiving
solid waste for the purpose of reducing its volume for
transport to other destinations. Activities include, but are
not limited to, the sorting and compacting of materials,
shredding, and the temporary storage of said materials
while awaiting transport to a landfill or recycling
destination. Ancillary site activities may include the
composting of yard waste material.
Standard Shrub:
A standard shrub is any bush or small evergreen tree
occupying a space of at least eighteen (18) cubic feet.
Standard Tree:
A standard tree is a tree with a minimum caliber of two and
one-half inches (2 ½”), ten to twelve feet (10’ to 12’) high,
of a deciduous hardwood variety normally capable of
attaining a twenty-five foot (25’) height when the tree is
twenty (20) years old.
Street:
A public way sixty feet (60’) in width which affords the
principal means of access to abutting property.
Street Center Line:
The street center line is a line halfway between the street
lines.
Street Line:
A dividing line between a lot and a contiguous street.
Structural Alteration:
Any change, except those required by law or ordinance,
which would prolong the life of the supporting members of
a building or structure, such as bearing walls, columns,
beams, or girders, not including openings in bearing walls
as permitted by other Ordinances.
Structure:
Anything constructed or installed or portable, the use of
which requires a location on a parcel of land. It includes a
movable structure while it is located on land which can be
used for housing, business, commercial, agricultural, or
office purposes, either temporarily or permanently.
Structure also includes fences, billboards, swimming pools,
poles, pipelines, transmission lines, tracks, and advertising
signs, whether located on a rock, tree, separate structure, or
part of another structure.
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Tourist Home:
An establishment used for dwelling purpose in which
rooms, with or without meals, are offered to transient
guests for compensation.
Townhouse:
A building that has one-family dwelling units erected in a
row as a single building on adjoining lots, each being
separated from the adjoining unit or units by a masonry
party wall or walls extending from the basement floor to
the roof along the dividing lot line, and each such building
being separated from any other building by space on all
sides.
Yard:
An open space, other than a court on a lot, unoccupied and
unobstructed from the ground upward, except as otherwise
provided in this Ordinance.
Yard, Front:
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot or
to the designated street line in cases where the present
property line extends to the center line of the abutting
street. On corner lots, the front yard shall face the shortest
street dimension of the lot, except that if the lot is square or
almost square, i.e., has dimensions in a ratio of from 3:2 to
3:3, then the front yard may face either street.
Yard, Rear:
A yard extending the full width of the lot between a
principal building and the rear lot line.
Yard, Side:
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard
line.
Yard Width and Depth:
The shortest horizontal distance from a lot line to the main
building.
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