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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
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 C-1 Local Commercial District.
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) Any use permitted in the R-5 Condominium Residential District;
(2) Day care facility;
(3) Office use, provided that no use permitted in this division shall employ more than five persons in a single shift on the premises. This does not include employees whose principal duties are off the premises or temporary, seasonal employees;
(4) Retail sales and service, provided that no use permitted in this division shall employ more than five persons in a single shift on the premises. This does not include employees whose principal duties are off the premises or temporary, seasonal employees. Dressmaking, tailoring, shoe repair, repair of household appliances and bicycles, dry cleaning and pressing, catering and bakery products on the premises and other uses of a similar character, provided that no use permitted in this division shall employ more than five persons in a single shift on the premises. This does not include employees whose principal duties are off the premises or temporary, seasonal employees;
(5) Automotive service station and automobile convenience store. No major repairs or sales of vehicles will be permitted on the premises;
(6) Restaurants, including outdoor eating areas and taverns, excluding uses offering adult entertainment;
(7) Business and technical schools;
(8) Florist shop or greenhouse;
(9) Funeral home; and
(10) Accessory building or uses customarily incidental to any of the above uses.
(C) Parking and loading requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(E) New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(1999 Code, § 165.11) (Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002) 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 C-2 General Commercial District. If all or part of a C-2 General Commercial District has been designated a Special Purpose Overlay District, use, height and area, parking, loading and sign regulations can be found in § 159.027(B).
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) Any non-residential use permitted in the C-1 Local Commercial District;
(2) Any use permitted in an R-4 Residential District not including the R-1A Single- Family Residential District;
(3) One-family dwelling, provided that the building or premises so used was constructed on or before August 11, 2015, and provided such building or premises was originally designed and intended for single-family residential occupancy and use and provided it has not been substantially altered for commercial use such that single family occupancy would no longer meet existing requirements for R-1C occupancy. Any building expansions where the footprint is increased must meet the setback requirements for residential buildings in R-1C zoning. Prior commercial use of any such building or premises shall not disqualify future single-family use and the same shall not be considered non-conforming pursuant to the provisions of § 159.047.
(a) SUBSTANTIALLY ALTERED herein means modifications or changes made to a building or structure which significantly affect its form, function, or character. This includes alterations which:
1. Change the overall footprint or size of the building specific to a commercial use or user;
2. Represent significant modifications of structural elements or load-bearing components;
3. Alter the building’s external appearance, such as facade changes or architectural features which change the appearance from residential in nature to commercial in nature; and
4. All components of commercial signage must be removed.
(b) Determining whether alterations are considered substantial alterations requires a case-by-case evaluation, considering factors such as the scale of changes, their impact on the building’s original design and intended use, impact on surrounding land uses and their significance in relation to applicable zoning and building regulations. The determination of whether alterations are significant, as defined above, shall be made by the City Zoning Official. However, property owners affected by this determination retain the right to appeal, in accordance with procedures outlined in § 159.080.
(c) Owners of single-family residences otherwise qualifying under this section shall also follow single family setbacks as defined in § 159.045(F).
(d) Garages and accessory structures for single-family residences must comply with all rules for the same set forth in § 159.046(G).
(e) Expansion of the single-family dwelling beyond its existing footprint, addition or new accessory structures shall require a special use permit as outlined in § 159.080.
(f) The height and area requirements of § 159.045 shall apply.
(4) Condominiums of two or more units per building;
(5) Mixed commercial and residential uses provided that each commercial space and each residential dwelling within such building or upon such premises is separate and distinct, without direct access to another, and provided further that any portion of the ground floor of any such building fronting a public street is reserved exclusively for commercial use.
(6) Motor vehicle sales and service;
(7) Office use, retail sales and service, entertainment, restaurant and recreation trade. Adult entertainment excluded;
(8) Short-term lodging;
(9) Short-term automobile parking lot and parking ramp, but not including motor vehicle storage lots;
(10) Motor vehicle services and repairs provided all repairs are conducted within a completely enclosed building. All outdoor storage areas must comply with the requirements for a motor vehicle storage yard. No more than seven vehicles awaiting repair may be stored at one time;
(11) Radio or television broadcasting station or studio. Special use permit required for transmission towers, see § 159.049;
(12) Veterinarian animal hospital or kennel. Outdoor runs must be at least 100 feet from a residential district;
(13) Microbreweries and brew pubs;
(14) Publishing, sales promotion, lettering work, electronic or other technical research, electrical and/or light assembly work, office and research use, insurance company home and branch office or other financial institution use, any commercial enterprise employing substantially clerical and technical personnel, coupon clearinghouse, marketing systems, service and research, direct mail service, sales promotion handling and analysis, publishers circular and fulfillment and inquiry card processing;
(15) Mini warehouse;
(16) Hospital and nursing home;
(17) Building material and product sale. Outdoor storage allowed if suitably screened from abutting public streets; and
(18) Accessory building or use customarily incidental to any of the above uses.
(C) Parking and loading requirements. Off-street parking and loading requirements shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(E) New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(1999 Code, § 165.12) (Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002; Ord. 2352, passed 7-24-2007; Ord. 2521, passed 8-11-2015; Ord. 2740, passed 4-23-2024; Ord. 2744, passed 5- 28-2024) Penalty, see § 159.999
The regulations in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the C-2M General Commercial/Light Manufacturing District.
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) Any use permitted in the C-2 General Commercial District. No residential uses allowed;
(2) Light manufacturing uses are permitted, provided the Council enters the following findings concerning the use:
(a) The establishment, maintenance or operation of the permitted use will not be detrimental to public health, safety, morals, comfort or general welfare;
(b) The permitted use will not be injurious to the use and enjoyment of other properties in the immediate vicinity;
(c) The permitted use will not substantially diminish and impair property values within the neighborhood;
(d) The permitted use will be compatible with and will not impede development and/or the character of the area where it is located;
(e) A site and building development plan, including plans for outdoor storage, if any, has been reviewed by the Public Works Director and the Fire Marshal;
(f) The permitted use will not be in conflict with the comprehensive plan; and
(g) Inspection by the Fire Marshal to comply with the Fire Prevention Code and established use compliance by the Building and Neighborhood Services Director or his or her designee.
(3) Existing manufacturing uses approved prior to (amendment adoption date) are exempted from the provisions of division (A)(2) above.
(C) Parking and loading requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(E) New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(1999 Code, § 165.13) (Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002) Penalty, see § 159.999
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