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ZONING DISTRICTS
The A-1 Agricultural Reserve District is intended to preserve existing agriculture and other non-intensive uses; to prevent premature development and non-orderly encroachment of intensive urban uses; and to help guide urban growth into suitable areas. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the A-1 Agricultural Reserve District.
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) Agriculture uses;
(2) One-family dwelling on a lot containing a minimum of five acres;
(3) Parks, game and forest preserves;
(4) Home occupations in accordance with § 159.046(M); and
(5) Noncommercial stables.
(C) Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(1999 Code, § 165.05) (Ord. 2247, passed 10-9-2001) Penalty, see § 159.999
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-1A, R-1B, R-1C One-Family Residential District.
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) One-family dwelling, provided that for all new one-family dwellings for which building permits have been issued on or after January 1, 1985, the minimum dimension of the main body of the dwelling unit shall not be less than 24 feet. The structure shall be placed on a permanent foundation and taxed as real estate;
(2) Farming, agriculture and other agricultural uses such as domestic gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards, apiaries including a greenhouse, but not including a sales room or roadside stand. Commercial sales are not permitted on the premises except on farms as defined in this chapter. The keeping of no more than six chickens is considered an allowed use with a valid permit;
(3) Publicly owned and operated park, playground, community building and publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries, museums and armories;
(4) Church or other place of worship or Sunday school;
(5) Public, parochial, elementary and high schools and educational institutions having a curriculum the same as ordinarily given in public schools;
(6) Golf club or grounds. A miniature course or practice driving tee operated for commercial purposes are not permitted;
(7) Child day care, adult day care, nursery school and preschool facilities if located within a public/private institutional building;
(8) Noncommercial stable, provided that the land area is not less than five acres and provided that no structure or building for the stabling of animals or tethering area is closer than 200 feet from any abutting residential property. The area devoted to the accessory use shall be used exclusively by the residents of the property and shall be kept in a clean and sanitary condition. Maximum number of horses per five acres is three;
(9) Accessory uses and buildings including private garages and storage sheds. No accessory building may be used as a place of business. An accessory garage may be used for the storage of not more than one commercial vehicle. Accessory buildings shall follow the use and area requirements in § 159.046(G);
(10) Temporary buildings and uses for construction purposes for a period not to exceed one year. An extension must be requested if there is a need for a longer period of time;
(11) Group/family homes licensed under the Iowa Code Chapter 135C and Chapter 237. A minimum separation of one-quarter mile shall be provided between a group/family home and any other similarly licensed home;
(12) Home occupations in accordance with § 159.046(M);
(13) Trucks and commercial vehicles/equipment. No truck used for commercial purposes of one ton rated capacity or other type of commercial vehicular equipment shall be parked or stored on a lot in this district except when located in a garage or enclosed structure. This provision shall not apply to a bona fide agricultural use; and
(14) Keeping urban chickens subject to the provisions of § 159.046(R).
(C) Parking requirements. Off-street parking space rules shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(1999 Code, § 165.06) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007; Ord. 2544, passed 10-25-2016; Ord. 2703, passed 7-12-2022) Penalty, see § 159.999
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-2 Two-Family Residential District.
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) A two-family dwelling;
(2) Any use permitted in the R-1A One-Family Residential District;
(3) Single-family residential attached. A single-family residential use in which one dwelling unit is located on a single lot and is attached by a common vertical wall to only one other adjacent dwelling unit on another single lot. Proposals for single-family attached dwellings must meet the following requirements:
(a) Dimensional requirements.
Minimum lot area | 3,000 square feet |
Minimum lot area per unit | 3,000 square feet |
Minimum lot width | 40 feet |
Minimum front yard | 25 feet |
Minimum rear yard | 25 feet |
Minimum side yard | 5 feet on the side opposite the zero lot line |
Maximum number of stories | 2-1/2 |
(b) Each dwelling unit shall be provided separate building access, shall face a public street, and shall have separate utility service from the street or rear lot line; and
(c) Submission requirements.
1. Site development plan that is in compliance with § 159.052(D)(2); and
2. Covenants and other documents to ensure the peculiar needs of attached housing are addressed.
(4) Trucks and commercial vehicles/equipment. No truck used for commercial purposes of one ton rated capacity or other type of commercial vehicular equipment shall be parked or stored on a lot in this district except when located in a garage or enclosed structure. This provision shall not apply to a bona fide agricultural use.
(C) Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(1999 Code, § 165.07) (Ord. 2247, passed 10-9-2001; Ord. 2296, passed 6-28-2005; Ord. 2352, passed 7-24-2007) Penalty, see § 159.999
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to this section, are the regulations in the R-4 Residential District.
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) Multiple-family dwelling;
(2) Any use permitted in the R-2 Two-Family District, which complies with the minimum requirements;
(3) Rooming house and boarding house;
(4) Bed and breakfast inn and bed and breakfast home;
(5) Religious, educational, charitable institution of a philanthropic nature, but not a penal or mental institution;
(6) Private club, fraternity, sorority or lodge, except one whose chief activity is a service customarily carried on as a business;
(7) Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple-dwelling, rooming or boarding house, or other allowable uses;
(8) Child day care, adult day care, nursery school and preschool facilities operated by an Internal Revenue Service designated 501(c)3; and
(9) Trucks and commercial vehicles/equipment. No truck used for commercial purposes of one ton rated capacity or other type of commercial vehicular equipment shall be parked or stored on a lot in this district except when located in a garage or enclosed structure. This provision shall not apply to a bona fide agricultural use.
(C) Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(D) Signs. Signs are permitted according to the provisions of § 159.048.
(1999 Code, § 165.09) (Ord. 2247, passed 10-9-2001; Ord. 2319, passed 3-14-2006; Ord. 2352, passed 7-24-2007) Penalty, see § 159.999
Any building or premises must qualify under Horizontal Property Act, Iowa Code, Chapter 499B. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-5 Condominium Residential District.
(A) Use regulations. Any building or premises shall be used only for the following purposes:
(1) Condominiums; and
(2) All uses under the R-1A, R-1B and R-1C One-Family Residential District, which comply with the minimum lot size.
(C) Parking and loading requirements. Off-street parking spaces shall be provided in accordance with the requirements set forth in § 159.065.
(1999 Code, § 165.10) (Ord. 2247, passed 10-9-2001) Penalty, see § 159.999
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the MH Manufactured Home District.
(A) Use regulations.
(1) Generally. In the MH District, a building or premises shall be used only for the following purposes.
(2) Specifically. Manufactured home, park manager’s office and residence, community center and recreation facility, laundry, maintenance building and commercial uses intended exclusively for the service and convenience of the residents of the park.
(B) Height and area requirements.
(1) Height. Same as the R-4 District.
(2) Area. Maximum density of seven manufactured home spaces per acre.
(3) Setbacks. Each manufactured home space shall have 15-foot front and rear yards and ten-foot side yards.
(4) Accessory uses. Accessory uses and buildings including private garages and storage sheds.
(C) Parking requirements. Each manufactured home space shall provide two off-street parking areas. All nonresidential buildings shall provide one space for each 150 square feet of floor area.
(E) Other. All buildings and manufactured homes shall be served with community or municipal water and sewage disposal systems approved by the County Health Department. All manufactured home spaces shall abut a hard surfaced roadway. All manufactured homes shall be skirted and anchored.
(Ord. 2247, passed 10-9-2001) Penalty, see § 159.999
(A) Generally.
(1) In order to permit greater development flexibility than is allowed under traditional zoning and to encourage redevelopment within the urban core, the PUD Planned Unit Development Overlay District is hereby established. The intent of this overlay zoning district is to apply it to a comprehensive development and/or redevelopment plan and not apply it on a parcel-by-parcel basis.
(2) The intended application of this designation is when one or both of the following situations exist:
(a) Includes land which, because of environmental or topographical issues, shape problems or other practical difficulties, otherwise could not be feasibly developed; and/or
(b) Incorporates multiple land uses within a common area of land. A district shall be laid out and developed as a unit and shall not be approved simply to attain variations in development standards that could have been achieved through the variance process. The open space provision of the PUD Overlay District is intended to create additional bicycle/pedestrian trials and park spaces to serve nearby residents and further ensure the park goals of the city’s development plan, as amended, are attained. The open space requirement is not intended to facilitate the acquisition or construction of additional community-wide or regional parks or athletic fields.
(B) Use regulations. Buildings or premises shall be used only for the following purposes:
(1) Any Planned Unit Development (PUD) Overlay District containing residential development permits uses allowed in C-2 General Commercial District. Any PUD Overlay District containing industrial development permits uses allowed in M-3 Industrial (Park) District;
(2) This Overlay District is intended to function as an “overlay” to the underlying base zones, in addition to other applicable provisions of the municipal code. The regulations and requirements imposed by the PUD Overlay District shall be in addition to the underlying base zones, which jointly apply. Under the joint application of the underlying base zones, the more restrictive requirements shall apply unless otherwise approved during the planned development process;
(3) (a) Planned developments.
1. The owner or owners of any tract of undeveloped land comprising an area of not less than two acres or any tract of developed land comprising an area of not less than one acre and which meets the following criteria:
a. Includes land which, because of environmental or topographical issues, shape problems or other practical difficulties, otherwise could not be feasibly developed; or
b. Incorporates multiple land uses within a common area of land, may submit a plan for the use and development of all or part of the tract for the purposes of and meeting the requirements set forth in this section.
2. The plan shall be referred to city staff for review with a subsequent report and recommendation for approval/denial being given to the City Plan Commission for study, report and public hearing. If no report is transmitted from the City Plan Commission to City Council within 60 days of notification, the City Council may take action without further awaiting of the report. If the Commission approves the plans, they shall then be submitted to the City Council for its consideration and action. The Commission’s approval and recommendations shall be accompanied by a report stating the reasons for approval and that the application meets the requirements of the Planned Unit Development Overlay District, as set forth in this section. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership or under the management or supervision of a central authority or otherwise subject to the supervisory lease or ownership control until the project is fully developed. In the event the planned unit development is not constructed within 24 months, unless otherwise negotiated during the planned development process, the city shall consider reverting the subject area to the same zoning classification which existed prior to the change to the Planned Unit Development Overlay Zone and the district regulations in force prior to the establishment of the planned unit development shall thereupon be in full force.
(b) Planned unit development projects shall be designated as a whole, unified single project in compliance with the following requirements and, if built in stages, each stage shall conform to the approved plan.
(C) Site plan requirements. In addition to the requirements of division (A) above, the owner or developer must submit a site plan in accordance with § 159.052(D)(1).
(D) Open space requirements. Planned unit development projects which include any residential units must dedicate land for public open space, pay a fee in lieu of land for public open space or a combination thereof. The in-lieu fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser who is acceptable to both the city and the subdivider or developer. The city and subdivider or developer will equally share the appraisal costs. The amount of land dedicated shall be determined by the following formula with a minimum size of 0.50 acres required for dedication:
A x 0.94DU x PDU x 2.0/1000 |
where |
A = Acres of property |
DU = Maximum dwelling units per acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone) |
0.94 = This percentage figure reflects the average development density occurring in Clinton |
PDU = Persons per dwelling unit based on the most recent census |
2.0/1000 = The city’s development plan goal of acres of mini-park space per 1,000 population |
(1) The dedication of land shall be reviewed as part of the preliminary subdivision plat or preliminary site development plan, whichever is applicable. The subdivider or developer shall designate the area or areas of land to be dedicated pursuant to this subchapter on the preliminary subdivision plat or preliminary site development plan.
(2) The city and owner/developer will decide during the planned development process whether the dedicated land will be privately- or publicly-owned.
(3) If a payment in lieu of open space is requested, the subdivider or developer must include a request in a letter submitted with the application for a preliminary subdivision or preliminary site development plan, whichever is applicable.
(4) The payment of fees in lieu of open space land dedication shall be reviewed and approved as part of the preliminary subdivision plat or preliminary site development plan, whichever is applicable.
(5) In-lieu fees must be paid in full in a single total payment by the owner/developer prior to the issuance of the first building permit for a lot within the planned unit development.
(6) All payments in lieu of dedication shall be deposited in a special neighborhood open space account designated by the name of the contributing development. The city will use all payments in lieu of open space to acquire or upgrade/improve existing open spaces, parks, recreation facilities and greenways/trails that are located within 0.50-mile of the perimeter of the planned unit development to benefit the residents of the planned unit development.
(7) The city is required to use the payment in lieu of dedication within five years from the date received. All funds not spent within the time frame will be forfeited by the city and returned to the owner/developer within 30 days of the end of the five-year period.
(8) All dedicated open space shall be a contiguous parcel of land unless the city determines that two or more parcels would better serve the public interest. If the city determines that two or more parcels are necessary to best serve public interest, the city may require the parcels to be connected by a strip of land to provide access between the parcels.
(9) Land dedicated for open space includes neighborhood parks and pedestrian/bicycle trials. Efforts should be made to connect any trail to existing trail systems in order to promote neighborhood connectivity.
(10) Public access to pedestrian/bicycle trails and parks shall be maintained by adjoining public street frontage or providing a dedicated public access easement at least 50 feet in width which connects the dedicated land to a public street or right-of-way.
(11) Lands set aside for open space dedication cannot exceed 15% in grade or be located in wetlands subject to federal or state regulatory jurisdiction, floodways, lakes or other bodies of water or other any areas the city deems unsuitable for neighborhood open space due to topography, flooding or other appropriate considerations.
(G) Screening requirements. In the absence of a natural barrier, the City Plan Commission may recommend a form of screening to mitigate the impacts of an incompatible development on adjacent properties. If the City Plan Commission deems screening as necessary for development, a landscaping plan must be submitted with the request for a building permit for city staff review. The landscaping plan must indicate the types of materials/plantings being used for screening, along with their respective size, location and current/estimated heights upon maturation. All screening must be five to six feet in height and more than 50% solid year round. Suitable screening materials may include a solid or opaque fence, berms, native evergreen shrub species including but not limited to: Arborvitae, Boxwood, Cotoneaster, Firethorn, Holly, Leyland Cyprus, Ligustrum or Yew, or associated landscape materials or a combination of the above. All screening must be installed prior to occupancy or commencement of a use, unless any plantings being used cannot be installed at the time due to seasonal conditions. In the event the plantings cannot be installed, the Building Official may issue a temporary certificate of occupancy and grant a delay of installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner must place in an escrow account, established with the city, an amount which will cover 110% of the estimated costs of the plantings and installation of the screening. Funds placed into the escrow account will be returned to the owner/developer upon installation of the plantings.
(I) New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(J) Developer incentives. Developers are eligible to receive incentives, as negotiated during the planned development process, in exchange for landscaping and/or additional open space beyond the required amounts as described in § 159.065. Examples of developer incentives include having a portion or all of the fees from the Community Development Department exempted and/or receiving expedited review and permit processing from the Community Development. Developers can also earn incentives based on the quality of materials used for construction. To improve the aesthetic quality of development, the use of high-quality, permanent building materials is encouraged. Examples of high-quality materials include but are not limited to brick, stone, manmade stone and the like. Potential incentives will be discussed during the planned development process.
(Ord. 2392, passed 11-11-2008) Penalty, see § 159.999
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