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Clinton, IA Code of Ordinances
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Clinton, IA Code of Ordinances (PDF)
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§ 159.019 R-5 CONDOMINIUM RESIDENTIAL DISTRICT.
   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.
   (B)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
   (C)   Parking and loading requirements. Off-street parking spaces shall be provided in accordance with the requirements set forth in § 159.065.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
(1999 Code, § 165.10) (Ord. 2247, passed 10-9-2001) Penalty, see § 159.999
§ 159.020 MH MANUFACTURED HOME DISTRICT.
   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.
   (D)   Signs. Signs are permitted according to § 159.048(S).
   (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
§ 159.021 PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT.
   (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.
   (E)   Height and area requirements. The height and area requirements as set forth in §§ 159.045 and 159.046 shall be observed, unless otherwise approved during the planned development process.
   (F)   Parking and loading requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements of specific uses set forth in §§ 159.065 and 159.066.
   (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.
   (H)   Signs. Signs are permitted according to the provisions of § 159.048.
   (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
§ 159.022 C-1 LOCAL COMMERCIAL DISTRICT.
   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.
   (B)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
   (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.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
   (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
§ 159.023 C-2 GENERAL COMMERCIAL DISTRICT.
   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.
   (B)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
   (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.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
   (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
§ 159.024 C-2M GENERAL COMMERCIAL/LIGHT MANUFACTURING DISTRICT.
   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.
   (B)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 for the C-2 General Commercial District shall be observed.
   (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.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
   (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
§ 159.025 PWC PARKWAY COMMERCIAL DISTRICT.
   The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations for the PWC Parkway Commercial District. The PWC Parkway Commercial District shall be designated to provide a district for local or small regional commercial or office use. The city shall encourage the creation of unified and coordinated development.
   (A)   Use regulations. A building or premises shall be used only for the following purposes:
      (1)   Short-term lodging;
      (2)   Office use, excluding contractors and others who perform services off site;
      (3)   Retail sales and service, excluding the sale and/or repair of motor vehicles and machinery; and
      (4)   Entertainment, restaurant and recreation trade.
   (B)   Height and area requirements.
      (1)   Front yard. Thirty feet.
      (2)   Side yard. None required, except 25 feet minimum required if adjacent to a residential district.
      (3)   Rear yard. None required, except 25 feet minimum required if adjacent to a residential district.
      (4)   Lot area. No minimum.
      (5)   Lot width. No minimum.
      (6)   Building height. Thirty-five feet maximum.
   (C)   District area. Five acre minimum.
   (D)   Parking and loading requirements. See §§ 159.065 and 159.066.
   (E)   Performance standards.
      (1)   Outside storage of merchandise or other materials shall not be visible from the public right-of-way.
      (2)   Parking areas shall be designed to minimize headlights shining into residential areas.
      (3)   All uses shall be designed to be compatible with adjacent residential areas.
      (4)   All utilities shall be placed underground.
   (F)   Architectural standards. All sides of commercial buildings visible from the public right-of-way shall be architecturally treated to produce an aesthetically pleasing facade. Exterior materials of commercial quality shall include brick or other suitable clay masonry material, stone veneer, granite, cast in place concrete panels, finished faced precast concrete, wood (only if painted or treated, and approved by City Building Department), ceramic tile, decorative concrete block and tinted glass.
   (G)   Parking lot landscaping. See § 159.065(B).
   (H)   Sign regulations.
      (1)   See § 159.048 for sign regulations except as modified according to division (H)(2) below.
      (2)   Sign regulation modifications.
         (a)   No off-premise advertising signs, roof signs or portable signs.
         (b)   Total area of all signs shall not exceed 200 square feet per building.
         (c)   One freestanding sign identifying the shopping/office center and the names of the businesses contained therein. Individual freestanding business signs are not allowed.
         (d)   Height of a freestanding sign shall not exceed 25 feet.
         (e)   Area of a freestanding ground sign shall not exceed 200 feet.
   (I)   Site plan requirements. See § 159.052(D).
(Ord. 2352, passed 7-24-2007) Penalty, see § 159.999
§ 159.026 C-3 CENTRAL BUSINESS DISTRICT.
   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-3 Central Business District. If all or part of a C-3 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(A).
   (A)   Use regulations.
      (1)   Generally. A building or premises shall be used only for the following purposes.
      (2)   Specifically. Any use permitted in the C-2 General Commercial District unless designated a Special Purpose Overlay District. See § 159.026(A) for permitted uses and other requirements for these special districts.
   (B)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
   (C)   Parking and loading requirements. Off-street loading spaces shall be provided in accordance with the requirements of § 159.066. Provision for off-street parking is not required in the C-3 Central Business District.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
   (E)   New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(1999 Code, § 165.14) (Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002) Penalty, see § 159.999
§ 159.027 SP SPECIAL PURPOSE COMMERCIAL AND HISTORICAL OVERLAY DISTRICTS.
   Special purpose districts are intended to further the goal of creating a new vision for the city including the planning and management of growth, protect significant features of the community and to allow for economic expansion. The overlay district may encompass one or more underlying zoning district (base zone) and may require additional requirements above that required by the underlying zoning district (base zone). Where the standards or requirements of the overlay and base zones are different, the more restrictive requirements shall apply.
   (A)   CBD Overlay Zone. The CBD Overlay Zone will be used to manage the future growth and redevelopment of downtown Clinton.
      (1)   Zone designation; CBD Overlay Zone. The Overlay Zone for the downtown area will be separated into two subzones, each with specific design standards and uses. The CBD Overlay Zone includes the area known as the downtown Clinton area and the area bounded by South First Street on the east; South Fourth Street on the west; Second Avenue South on the north and Eleventh Avenue South on the south. The CBD Overlay Zone shall be designated on the official zoning map.
      (2)   Applicability. The requirements of this division shall apply to all building construction/ reconstruction, renovation and use of land within the CBD Overlay Zone.
      (3)   Design standards. All projects in the CBD Overlay Zone shall comply with the downtown Clinton design and use standards plan if and when a plan is adopted. The design standards shall address the following design characteristics:
         (a)   Signage, lighting and landscaping;
         (b)   Placement of buildings on the lot or lots;
         (c)   Limiting ingress and egress by individual uses;
         (d)   Parking standards and parking lot landscaping; and
         (e)   Building design and facades.
      (4)   Use regulations.
         (a)   CBD Core Zone. A building or premises shall be used only for the following purposes:
            1.   Appliance sales or service;
            2.   Art gallery, museum, or library;
            3.   Artist studio;
            4.   Auditorium or assembly hall;
            5.   Bakery (wholesale/commercial);
            6.   Banks, savings and loan, or credit union;
            7.   Bar or tavern;
            8.   Barber or beauty shop;
            9.   Brewpubs and microbreweries;
            10.   Business services;
            11.   Convention center;
            12.   Dental or medical lab;
            13.   Furniture or home furnishing sales;
            14.   Furniture upholstery or repair;
            15.   General office;
            16.   Grocery store;
            17.   Health club;
            18.   Hotel;
            19.   Housing for the elderly or persons with disabilities;
            20.   Indoor recreation;
            21.   Laundry or dry cleaner;
            22.   Medical office or clinic;
            23.   Mortuary or funeral home;
            24.   Parking structure;
            25.   Photographic studio;
            26.   Printing or publishing;
            27.   Private club;
            28.   Public or private park or similar natural recreation area;
            29.   Public, private or parochial school approved by the state of Iowa (K-12);
            30.   Retail sales or service;
            31.   Residential uses.
               A.   There shall be no residential dwelling on the ground floor in which the residential dwelling is fronting either side of the portions of the public streets within the Central Business District (CBD) Core where:
                  i.   A minimum of 75% of the linear footage of the front of the building width must be reserved and utilized for commercial usage.
                  ii.   No more than 25% of the linear footage of the front of the building width may be used for residential accessory uses, such as lobbies, hallways, or other common areas.
               B.   At least 40% or 3,500 square feet - whichever is larger - of the total ground floor square footage shall be reserved to be utilized as a commercial space, and that space shall be fronting any public street along the property and include the original storefronts of the building.
            32.   Restaurants;
            33.   School of private instruction;
            34.   Shoe repair;
            35.   Sports arena;
            36.   Tailor or alteration shop; and
            37.   Tattoo parlor.
         (b)   CBD Fringe Zone. A building or premises shall be used only for the following purposes:
            1.   Appliance sales or service;
            2.   Art gallery, museum, or library;
            3.   Artist studio;
            4.   Auditorium or assembly hall;
            5.   Bakery (wholesale/commercial);
            6.   Banks, savings and loan, or credit union;
            7.   Bar or tavern;
            8.   Barber or beauty shop;
            9.   Brewpubs and microbreweries;
            10.   Business services;
            11.   Carry out restaurant (not including drive-in);
            12.   Convention center;
            13.   Dental or medical lab;
            14.   Entertainment;
            15.   Furniture or home furnishing sales;
            16.   Furniture upholstery or repair;
            17.   General office;
            18.   Grocery store;
            19.   Health club;
            20.   Hotel;
            21.   Housing for the elderly or persons with disabilities;
            22.   Indoor recreation;
            23.   Laundry or dry cleaner;
            24.   Medical office or clinic;
            25.   Mortuary or funeral home;
            26.   Parking structure;
            27.   Photographic studio;
            28.   Place of religious exercise or assembly;
            29.   Printing or publishing;
            30.   Private club;
            31.   Public or private park or similar natural recreation area;
            32.   Public, private or parochial school approved by the state of Iowa (K-12);
            33.   Recreation trade;
            34.   Multi-family residential uses, provided that ground floor residential uses shall be subject to the following design standards:
               A.   Those portions of ground floor windows within five feet from the floor of any dwelling unit shall incorporate window tint, frosting, or solid glazing with no higher than 35% visible light transmission;
               B.   All ground floor dwellings within a building that front a street shall have uniform window treatments; and
               C.   No viewing screens (televisions or computers) shall be visible from the exterior of a building.
            35.   Restaurants;
            36.   Retail sales and service;
            37.   School of private instruction;
            38.   Shoe repair;
            39.   Short-term lodging; average length of stay is less than 60 days;
            40.   Sports arena;
            41.   Tailor or alteration shop; and
            42.   Tattoo parlor.
      (5)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
      (6)   Parking and loading. Off-street loading spaces shall be provided in accordance with the requirements of § 159.066. Provisions for off-street parking is not required in the CBD Overlay Zone.
      (7)   Signs.
         (a)   CBD Core Overlay Zone. Signs are permitted according to the provisions of § 159.048 and the Signage Guidelines and Regulations for Downtown Clinton. The following requirements shall be observed:
            1.   Off-premises signs are prohibited;
            2.   One freestanding ground sign for each developed parcel having a frontage on a public right-of-way, not to exceed 50 square feet. Height shall not exceed 15 feet;
            3.   Wall or facia signs for each occupancy, not to exceed a total copy area of two square feet for each linear foot of building occupancy, not to exceed 150 square feet. Signs shall not exceed 10% of the wall area, and in no case shall the signs exceed 10% of the first 15 vertical feet of wall area;
            4.   One projecting sign is permitted per occupancy, not to exceed 40 square feet per face. Signs shall not project move than one-half the distance from the building to the curb; and
            5.   One roof sign is allowed on buildings containing three or more stories. Sign may not project more than 16 feet above the roofline. Total copy area may not exceed 100 square feet.
         (b)   CBD Fringe Zone. Signs are permitted according to the provisions of § 159.048.
   (B)   LSO Liberty Square Overlay Zone. The “LSO” Liberty Square Overlay Zone is intended to promote a consistent and comprehensive development/redevelopment of the Liberty Square area.
      (1)   Zone designation. The LSO Liberty Square Overlay District shall be designated on the official zoning map by ordinance. The Liberty Square Overlay Zone includes the areas between Camanche Avenue and Liberty Avenue extending from 25th Place to South 4th Street and all properties with street frontage along the north side of Camanche Avenue within the same corridor. Designation of the overlay zone is by separate ordinance.
      (2)   Applicability. The requirements of this division (B) shall apply to all building construction/reconstruction, renovation and use of land within the LSO. Where the requirements of the LSO and underlying base zone are different, the more restrictive requirements shall apply. The following are exempt from the requirements of this division (B):
         (a)   One-family dwellings.
         (b)   Existing structures at the time of the adoption of the LSO. Any renovation or addition exceeding 50% of the total assessed value of the structure requires the entire structure to come into compliance with the provisions of this division (B).
         (c)   This division (B) shall not prevent the routine maintenance of any exterior elements of any building, structure or sign described in this division (B). Routine maintenance includes work done to prevent deterioration or to replace parts of a building, structure or sign with equivalent materials in order to correct any deterioration, decay of or damage to any such building, structure or sign.
      (3)   Design standards. The design standards provide a clear set of architectural and site design criteria that will be used by land developers to create sustainable, high quality development for Liberty Square properties. The intent of development in the Liberty Square district is to create a “streetscape” and an environment for “street life.” The proximity of the buildings to the public street, coupled with the development of public and private activity spaces (e.g., entrance courts, patios and outdoor display areas), will promote street character and human activity. Developers are required to meet the minimum parameters established by the design standards and are further encouraged to assist the city in maintaining high quality standards and exemplary development in the Liberty Square District.
         (a)   Design features.
            1.   Architectural features and building facades (faces) of new buildings will be constructed of permanent building materials (brick, stone, manmade stone and concrete) and clear glass.
            2.   Parapet walls will be used to conceal flat roofs and/or roof mounted mechanical and electrical equipment from street level view. Both flat roofed buildings and gabled roofed buildings will have parapet features at building entrances and other architectural focal areas. The parapets will be accentuated with peaks and other architectural features.
            3.   Buildings will be one, two or three stories.
            4.   Architectural variety and interest can be achieved by varying the heights of adjacent building facades. Lengthy building facades will be broken into bays (sections/divisions) or vertical/horizontal architectural treatments to suggest bays (sections/divisions) can be added.
            5.   Solid waste containers shall be placed on a concrete pad in the rear yard and screened from all public right-of-ways. Screening shall provide a solid visual barrier and shall not exceed the height requirements for fences. Screening shall be constructed of materials that are the same or similar to the primary structure.
            6.   All outdoor storage areas will be screened from all public right-of-ways. Screening shall provide a solid visual barrier and shall not exceed the height requirements for fences.
            7.   The architectural facades of accessory buildings will be constructed of permanent building materials and building design should be an extension of the architecture of the primary building served.
            8.   Synthetic plastic veneer, metal siding and vinyl siding are not permitted in the Liberty Square District.
         (b)   Site development.
            1.   Building orientation and access:
               a.   Liberty Square District buildings will be located along Camanche Avenue and/or Liberty Square side streets.
               b.   At least 75% of building facades will be located along the building setback line (15 feet).
               c.   Each building will be designed for pedestrian access from both the public street face and the building face opposite the public street face. The facades of buildings parallel with Camanche Avenue, or the Liberty Square street side, should have a public front that orients to street visibility and a public entrance on the street side of the building.
               d.   The majority of parking for buildings should be opposite the public street façade of the building. A minimal amount (20%) of parking may be placed between the buildings; however, parking should not front or abut the public right-of-ways.
            2.   Building setbacks: Building setbacks along public streets may not be less than 15 feet nor greater than 20 feet.
            3.   Site open space:
               a.   Each development site will maintain a minimum 20% open space.
               b.   Open space will be landscaped “green space.”
               c.   Open space may contain pedestrian improvements (e.g. walks, site furniture, lights, and the like); however, the majority of open space must be unencumbered “green space.”
               d.   Building foundation-planting areas less than six feet wide and parking lot islands do not qualify as site open space.
      (4)   Use regulations. Permitted uses listed in this division (B) shall be used instead of the permitted uses listed in the base “C-2" and “M-1" Zoning Districts. Regardless of specific uses, all operations within the subject district must be restricted to enclosed buildings and all outdoor storage is prohibited, unless otherwise specified.
         (a)   Permitted uses, land with a base zoning of C-2.
            1.   C-1 permitted use - florist shop.
            2.   C-1 permitted use - restaurant.
            3.   C-2 permitted use - office use.
            4.   C-2 permitted use - retail sales and service.
            5.   C-2 permitted use - entertainment.
            6.   Accessory buildings or uses customarily incidental to any of the above uses.
         (b)   Permitted uses, land with a base zoning of M-1.
            1.   M-1 permitted use - wholesale trade.
            2.   M-1 permitted use - industrial services.
            3.   M-1 permitted use - warehousing and freight handling.
            4.   Accessory buildings or uses customarily incidental to any of the above uses.
         (c)   Restrictions. No fast food restaurants with drive through windows.
      (5)   Height and area requirements.
         (a)   Yard requirements:
            1.   Front: 15 feet minimum/20 feet maximum.
            2.   Side: five feet.
            3.   Rear: 15 feet minimum.
         (b)   Minimum lot width: 100 feet.
         (c)   Minimum lot area: one-half acre.
         (d)   Maximum building height: 45 feet.
         (e)   Maximum building stories: Three.
      (6)   Parking and loading requirements. The vitality of the area will depend upon the accessibility, availability and distribution of parking.
         (a)   At any time any building or structure is erected or structurally altered, off-street parking and loading spaces shall be provided in accordance with §§ 159.065 and 159.066 except as modified herein.
            1.   Off-street parking areas will provide 75% of use requirement and no more than 115% of the use requirement.
            2.   All parking areas will be constructed with an asphalt or concrete surface. Flexible pavement design must be a minimum three-inch on a six-inch crushed rock base. Rigid pavement design must be six inches of concrete on stabilized subgrade.
         (b)   All parking areas will be accessible from either Camanche Avenue or Liberty Avenue and one Liberty Square side street.
         (c)   Shared parking arrangements will help to improve parking efficiency. To accomplish shared parking, agreements between area businesses and the city will be essential. Evening and daytime businesses and businesses with varying peak use periods can agree to share parking spaces. The net effect will be less surface parking and more efficient and cost effective utilization of area real estate.
         (d)   All surface-parking areas should contain 10% landscaped open space. To be recognized as parking open space, parking lot islands must be at least nine feet wide. Perimeter parking lot islands may be included in the required open space.
         (e)   The minimum parking setback along public streets is ten feet. Parked vehicles may not overhang the parking setback.
         (f)   Parking areas will be screened from view. Screening may be accomplished with plantings, masonry walls or a combination of walls and plantings. Cinder block walls and chain link fences with slats shall not constitute acceptable screening materials.
      (7)   Signs.
         (a)   Permitted signs.
            1.   Temporary signs in conformance with § 159.048(R)(3)(a) through (d).
            2.   Monument signs. One monument sign for each developed parcel having frontage on a public right-of-way. A developed parcel having multiple public right-of-way frontages will be permitted a maximum of two monument signs, each to be located along a different street frontage with a minimum separation distance of 100 feet. The permitted sign shall not exceed eight feet in width. Where two or more uses are located on the same developed parcel, the sign(s) must be shared. The sign(s) shall be oriented perpendicular to the adjacent public right-of-way and installed in a landscaped area of not less than 12 square feet which will count towards site open space requirements. The sign(s) shall be constructed of permanent building materials consistent with the architecture of the primary building served.
            3.   Wall signs in conformance with § 159.048(T)(3)(c). Wall signs must be of the individual channel-letter type.
            4.   Projecting signs in conformance with § 159.048(T)(3)(e).
            5.   Directional signs in conformance with § 159.048(T)(3)(g).
            6.   Awning, canopy or marquee sign in conformance with § 159.048(T)(3)(h).
            7.   Signs along interstate highways must also adhere to applicable state and federal laws and regulations, including but not limited to the provisions of Iowa Code Chapters 306B and 306C. In the event of a conflict between provisions of the City Code and state and/or federal laws and/or regulations, the provisions of such state and/or federal laws and/or regulations shall control.
            8.   To the extent any provision of City Code § 159.027(B)(7), pertaining to signs in the Liberty Square Overlay, conflicts with the provisions of the City Code § 159.048 (Signs), the provisions of City Code § 159.027(B)(7) shall control. In all other instances, the provisions of City Code § 159.048 shall govern.
         (b)   Temporary use signs. Permits required.
            1.   All temporary signs in conformance with § 159.048(R)(3)(a) through (d).
            2.   Special event signs in conformance with § 159.048(V).
            3.   Wall sign in conformance with § 159.048(T)(3)(c).
         (c)   Height and setback requirements.
            1.   Minimum/maximum height.
               a.   Temporary signs: 12 feet/15 feet.
               b.   Monument signs: none/15 feet.
               c.   Wall signs: 12 feet/15 feet.
               d.   Projecting signs: 15 feet/20 feet.
               e.   Directional signs: none/four feet.
               f.   Awning, canopy or marquee signs: 12 feet/15 feet.
            2.   Setback from public right-of-way.
               a.   Temporary signs: one foot.
               b.   Monument signs: one foot.
               c.   Projecting signs: one foot.
               d.   Directional signs: one foot.
               e.   Awning, canopy or marquee signs: five feet.
         (d)   Prohibited signs.
            1.   Roof signs.
            2.   Portable signs.
            3.   Pole mounted ground signs, except for directional signs.
            4.   Off-premises signs.
            5.   Painted wall signs.
         (e)   Lighting.
            1.   Monument signs. Monument signs shall be externally lit, internally lit, or backlit. External lighting shall be white and designed and shielded so that it illuminates the face of the sign and does not shine beyond the edge of the sign. A sign's brightness, however lit, including electronic messaging centers, shall not exceed 0.3 foot candle over ambient lighting conditions when measured at the recommended distance based on the size of the sign's face. Electronic messaging centers/changeable graphics shall be limited to three feet in height. Signs with changeable graphics must be at least 80 feet from intersections and graphics shall not change more frequently than every 12 seconds.
            2.   Wall signs. Wall signs must include one of the following methods of illumination: back lit, halo-lit illumination or reverse channel letters with halo illumination.
      (8)   Landscaping.
         (a)   A variety of plants (shade trees, ornamental flowering trees, evergreen trees, deciduous and evergreen shrubs, groundcovers, perennial and annual flowers and grasses) will be used to augment site open spaces. Varying species of plants are encouraged to minimize disease risks and encourage environmental diversity. Each species of plant used will be adapted to the site microenvironment. All trees shall be selected from the city’s Master Tree list.
         (b)   Plants will be used to provide traditional environmental comforts (e.g., shade, temperature and wind buffering, and the like) and they will also be used to supplement site aesthetics.
         (c)   Plants will be used to define public areas, direct pedestrian movement and link private and public spaces.
         (d)   The size and quantity of plants used will be ample to perform functional requirements (e.g., screening) and to create a landscape setting for the site.
         (e)   Minimum plant sizes and root conditions:
            1.   Deciduous shade trees: two and one-half inch caliper; balled and burlapped root condition.
            2.   Evergreen trees: six feet height; balled and burlapped root condition.
            3.   Deciduous shrubs: 24 inch spread or three feet height; container grown stock.
            4.   Evergreen shrubs: 15 inch spread or two and one-half feet height; container grown stock.
            5.   Groundcovers and other perennial plants: Container class, #SP5; container grown stock.
         (f)   All landscape plants will meet the requirements of the current American Standard for Nursery Stock published by the American Nursery and Landscape Association.
         (g)   Upon installation of required landscape materials, each owner shall take appropriate actions to maintain the health of the plant materials in order to provide an aesthetically pleasing appearance and to assure that the buffer actually serves the purpose for which it is intended. Required landscaping that does not remain healthy shall be replaced consistent with this division (B) and the approved landscaping plan for the project.
      (9)   Site plan required.
         (a)   All new development and existing facility renovations or additions exceeding 50% of the total assessed value of the structure are required to submit eight 22-inch by 34-inch and sixteen 11- inch by 17-inch site plans. The site plan must indicate the following information:
            1.   Title block with sheet number, title name, address, telephone and fax number of the firm or individual who prepared the plans and date(s) of submission.
            2.   Revision block with date(s) of any revision(s) and a summary of the revision(s).
            3.   Legal description, address, and parcel identification number of property.
            4.   Name and address of the property owner(s).
            5.   Name and address of the developer(s) (if different).
            6.   Seal and expiration date, signature, registration number and address of the professional engineer, surveyor, architect, landscape architect or other design professional licensed in the State of Iowa who assisted in the development of the site plan.
            7.   Title, engineer’s scale (not to exceed one inch equaling 20 feet), legend, north arrow and date listed on each sheet.
            8.   Stamped survey from a licensed surveyor in the State of Iowa.
            9.   Survey information including distances with angles or bearing.
            10.   All notes from previous plans and plats.
            11.   Location map with a 1,000 foot minimum radius of site to surrounding area.
            12.   Existing and finished grade elevations using two-foot contours.
            13.   Drainage flow arrows.
            14.   Existing zoning classification(s).
            15.   Lot dimensions.
            16.   Total lot area in square feet and acres.
            17.   Building setback lines.
            18.   Location and dimensions of proposed and existing streets, curbs, sidewalks, easements and right-of-ways.
            19.   Location, dimensions and area (in square feet) of all present and proposed structures.
            20.   Architectural renderings of all sides of each structure, including accessory buildings.
            21.   Proposed use of structure including the estimated number of employees.
            22.   Location of all parking lots including driveways, direction of vehicular traffic flow, maneuvering widths, number of parking spaces and loading spaces required and typical parking space dimensions. Reference § 159.065 of the Zoning Regulations when determining the required number of parking spaces.
            23.   Location of all loading bays and docks.
            24.   Location, type and height of proposed and existing fencing.
            25.   Location of nearest existing and/or proposed fire hydrant(s).
            26.   Location of all solid waste containers.
            27.   Location of exterior lighting.
            28.   Location of all utilities including water and sewer lines/connections.
            29.   Location, size and height of all proposed signage.
            30.   Stormwater detention/erosion control plan.
            31.   Landscaping plan including the percentage of open space (in square feet).
            32.   Other data may be required if deemed necessary by city staff to determine compliance with the provisions of the Zoning Regulations.
      (10)   Variance. Variances from the requirements under this division (B) shall be heard by the Zoning Board of Adjustment in accordance with § 159.080.
   (C)   HOD Historic Overlay District. The HOD Historic Overlay District is intended to recognize the establishment of the city’s historic districts (§§ 32.115 through 32.122 of the code of ordinances) and to promote the public interest in having the full and informed participation of the city’s Historic Preservation Commission in the hearing of building permit applications potentially affecting the city’s historic resources.
      (1)   Zone designation. The HOD Historic Overlay District shall be designated on the official zoning map by ordinance. Designation of the overlay zone is by separate ordinance.
      (2)   Notice. Within ten days of the receipt of any application for a building permit or Zoning Board of Adjustment appeal by the Planning/ Community Development Department respecting property located within a HOD Historic Overlay District, the Chairperson of the Historic Preservation Commission shall be notified of the application. The application shall be considered by the Historic Preservation Commission as specified in §§ 32.115 through 32.122.
      (3)   Certificate of appropriateness. Unless exempted from the provisions of §§ 32.115 through 32.122, no building permit can be issued or appeal heard by the Zoning Board of Adjustment until a certificate of appropriateness is issued by the Historic Preservation Commission.
      (4)   Applicability to underlying district regulations. The regulations of this section and §§ 32.115 through 32.122 shall also apply in addition to all the requirements and regulations of the underlying zoning district. In the event of conflict between the historic preservation regulations and the underlying zoning district regulations, the historic preservation regulations shall control.
   (D)   Main Avenue Overlay Zone. The Main Avenue Overlay Zone is intended to protect and promote the area as a neighborhood commercial shopping area.
      (1)   Zone designation. The Main Avenue Overlay Zone shall be designated on the official zoning map by ordinance. The Overlay Zone includes those properties near or abutting the Main Avenue Corridor from North Third Street to McKinley Street.
      (2)   Applicability. The requirements of this section shall apply to all building construction/reconstruction, renovation, and use of land within the Main Avenue Overlay Zone.
      (3)   Use regulations.
         (a)   Generally. Permitted uses in the Main Avenue Overlay District shall be those listed in § 159.023, C-2 General Commercial District with the following exception.
         (b)   Exception. Residential uses are only permitted above the first floor.
      (4)   Height and area requirements. The height and area requirements for § 159.023 shall be observed.
      (5)   Parking and loading. Parking and loading requirements for § 159.023 shall be observed.
      (6)   Signs. Sign regulations for § 159.023 shall be observed except that off premise signs are prohibited.
(Ord. 2247, passed 10-9-2001; Ord. 2309, passed 12-6-2005; Ord. 2352, passed 7-24-2007; Ord. 2439, passed 2-22-2011; Ord. 2459, passed 8-23-2011; Ord. 2518, passed 3-10-2015; Ord. 2585, passed 7-10-2018; Ord. 2673, passed 3-9-2021; Ord. 2738, passed 4-9-2024) Penalty, see § 159.999
§ 159.028 C-4 PLANNED COMMERCIAL DISTRICT.
   In order to provide for modern retail shopping facilities of integrated designs in appropriate locations to serve residential neighborhoods, the C-4 Planned Commercial District is hereby established. The district shall be laid out and developed as a unit.
   (A)   Use regulations. Buildings or premises shall be used only for the following purposes:
      (1)   Uses allowed in C-2 General Commercial District; and
      (2)   (a)   Planned developments. The owner or owners of any tract of land comprising an area of not less than five acres may submit to the City Council 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. The plan shall be referred to the Plan Commission for study, report and public hearing. If no report is transmitted by the Plan Commission within 60 days of notification, the City Council may take action without further awaiting 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 Commercial 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 as may be necessary to carry out the provisions of this section. In the event the shopping center is not constructed, it shall revert to the same zoning classification which existed prior to the change to the C-4 Planned Commercial District, or a zoning classification the City Council deems appropriate, and the district regulations in force prior to the establishment of the commercial district shall thereupon be in full force and effect except when the zoning is changed. Within the C-4 Planned Commercial District, a building or premises may be used only for the retail sale of merchandise, services, recreation (except outdoor theatres and similar uses), parking areas and other facilities ordinarily accepted as shopping center uses approved by the Plan Commission and City Council.
         (b)   The shopping center shall be designated as a whole, unified single project in compliance with the following requirements and, if built in stages, each stage shall conform with the approved plan.
   (B)   Site plan requirements. In addition to the requirements of division (A) above, owner or developer must submit a site plan in accordance with § 159.052(D)(1).
   (C)   Height and area requirements. The height and area requirements as set forth in §§ 159.045 and 159.046 shall be observed.
   (D)   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)   Signs. Signs are permitted according to the provisions of § 159.048.
   (F)   New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(1999 Code, § 165.15) (Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002) Penalty, see § 159.999
§ 159.029 C-R COMMERCIAL/RECREATION DISTRICT.
   The C-R Commercial-Recreation District is intended to regulate development and assure compatibility of new construction and uses in and along the city’s riverfront areas. The regulations set forth in this section or elsewhere in this chapter, when referred to in this section, are the regulations in the C-R Commercial-Recreation District.
   (A)   Intent. The intent of these regulations is as follows:
      (1)   To improve the general welfare by increasing public access to riverfront areas;
      (2)   To encourage revitalization and redevelopment through the expansion of tourist-related and river-related commercial and recreational use;
      (3)   To compliment and support redevelopment efforts in commercial areas adjoining the riverfront; and
      (4)   To enhance the general welfare by preserving the principal vistas and visual relationships both from and to the river.
   (B)   Use regulations. A building or premises shall be used only for the following purposes:
      (1)   Specialty commercial such as boutiques, antique shops, candy, food or ice cream shops;
      (2)   General offices above first floor only;
      (3)   Bar/tavern, including microbrewery, brewpub and beer garden;
      (4)   Restaurant, including outdoor eating area;
      (5)   Hotel/motel;
      (6)   Art gallery;
      (7)   Gift/souvenir shop;
      (8)   Excursion boats, train station, trolley station, carriage stand and services for these uses;
      (9)   Museum, auditorium and assembly hall;
      (10)   Bicycle rental;
      (11)   Indoor recreation facility;
      (12)   Artist’s studio;
      (13)   Pleasure craft harbor, boat rental and associated launch area, excluding boat sales and rental;
      (14)   Bed and breakfast;
      (15)   Tourist and/or information center;
      (16)   Publicly owned and operated park, playground, community buildings and facilities such as baseball stadiums and fields, tennis courts, band shells, swimming pools, skate parks, marinas, recreational vehicle (RV) parks and community centers; and
      (17)   Accessory buildings or uses customarily incidental to any of the above uses.
   (C)   Temporary uses. The following uses are permitted as temporary uses (seven days or less) in the C-R Commercial-Recreation District:
      (1)   Social or cultural festivals;
      (2)   Concerts, craft shows or specialty collection displays; and
      (3)   Outdoor sales and marketing of produce, baked goods and other homemade items.
   (D)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
   (E)   Parking and loading requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements of § 159.065.
   (F)   Signs. Signs are permitted according to the provisions of § 159.048.
(1999 Code, § 165.16) (Ord. 2247, passed 10-9-2001; Ord. 2431, passed 11-9-2010; Ord. 2599, passed 12-11-2018) Penalty, see § 159.999
§ 159.030 M-1 INDUSTRIAL (LIGHT) DISTRICT.
   The regulations set forth in this section or set forth elsewhere in this chapter, when referred to this section, are the regulations of the M-1 Industrial (Light) 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, except that no new dwelling, other than that for a resident watchperson or caretaker employed on the premises, shall be permitted. Existing residences shall not be considered as nonconforming uses;
      (2)   A building or premise shall be used only for the following purposes:
         (a)   Wholesale trade;
         (b)   Industrial services;
         (c)   Warehousing and freight handling;
         (d)   Motor vehicle storage yard;
         (e)   Contractor shop and storage yard;
         (f)   Metal products;
         (g)   Plastic and paper products; and
         (h)   Bulk storage of petroleum products for local distribution radius of 50 miles.
   (B)   Height and area requirements. The height and area requirements as set forth in §§ 159.045 and 159.046 shall be observed.
   (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.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
(1999 Code, § 165.17) (Ord. 2247, passed 10-9-2001) Penalty, see § 159.999
§ 159.031 M-2 INDUSTRIAL (HEAVY) DISTRICT.
   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 M-2 Industrial (Heavy) District.
   (A)   Use regulations. A building or premises shall be used only for the following purposes:
      (1)   Any use permitted in the M-1 Industrial (Light) District, except that no new dwelling other than for a resident watchman or caretaker employed on the premises, shall be permitted. Existing residences shall not be considered to be nonconforming;
      (2)   Manufacturing and processing, excluding those identified as special uses in § 159.032(A). Existing manufacturing uses approved prior to (amendment adoption date) shall not be considered nonconforming uses;
      (3)   Power generating plant; and
      (4)   Railroad yard.
   (B)   Height and area requirements. The height and area requirements set forth in §§ 159.045 and 159.046 shall be observed.
   (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.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
(1999 Code, § 165.18) (Ord. 2247, passed 10-9-2001) Penalty, see § 159.999
§ 159.032 M-3 INDUSTRIAL (PARK) DISTRICT.
   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 M-3 Industrial (Park) District.
   (A)   Use regulations. In the M-3 Industrial (Park) District, all buildings and premises may be used for any purpose except as follows:
      (1)   No residential uses are allowed other than a dwelling or residential quarters for a resident watchman or caretaker employed upon the premises;
      (2)   No adult entertainment establishment will be permitted unless in compliance with the requirements of § 159.046(K); and
      (3)   The following special uses will be permitted in this zoning classification if the location has been approved by the Zoning Board of Adjustment, who shall take into consideration the special use regulations as set forth in § 159.049:
         (a)   Acid manufacture;
         (b)   Animal pound;
         (c)   Animal, poultry and bird raising (commercial);
         (d)   Asbestos products;
         (e)   Cement, lime or gypsum manufacture;
         (f)   Concrete products or central mixing and pro-portioning plant;
         (g)   Distillation, manufacture or refining of bones, coal or tar asphalt;
         (h)   Explosives, manufacture or storage;
         (i)   Exterminating agents and poisons;
         (j)   Fat, grease, lard or tallow rendering or refining;
         (k)   Fertilizer (nonorganic);
         (l)   Fertilizer manufacture (from organic matter);
         (m)   Fire arms manufacture;
         (n)   Flour, feed and grain milling or storage;
         (o)   Forge plant, pneumatic, drop and forging hammering;
         (p)   Glue or size manufacture;
         (q)   Garbage, offal or dead animal reduction or dumping;
         (r)   Hair and felt products washing, curling and dyeing;
         (s)   Leather tanning and curing;
         (t)   Meat packing;
         (u)   Ore dumps and elevators;
         (v)   Paint, lacquer, shellac and varnish (including colors and pigments, thinners and removers);
         (w)   Paper manufacture from pulp;
         (x)    Petroleum products terminal;
         (y)   Petroleum or asphalt refining;
         (z)   Planing and millwork;
         (aa)   Roofing materials, building paper and felt (including asphalt and composition);
         (bb)   Sawmill (including cooperage stock mill);
         (cc)   Shell grinding;
         (dd)    Smelting of tin, copper, zinc or iron ores;
         (ee)    Soap and soap products;
         (ff)    Storage of processing raw hides or fur;
         (gg)    Stock yards or slaughter of animals;
         (hh)    Tar products (except distillation);
         (ii)    Wall board manufacturing;
         (jj)   Wood preserving treatment;
         (kk)   Wool pulling or scouring;
         (ll)   Other uses similar to the above when approved by the Zoning Board of Adjustment as provided in § 159.080; and
         (mm)   Recycling processing facility.
   (B)   Height and area requirements. The height and area requirements provided for and applicable to the M-2 Industrial (Heavy) District, shall apply to the height and area use in the M-3 Industrial (Park) District, as set forth in §§ 159.045 and 159.046 and shall be so observed.
   (C)   Parking and loading requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses as set forth in § 159.065, and where reference therein is made to the M-2 Industrial (Heavy) District, the same shall apply to the M-3 Industrial (Park) District.
   (D)   Signs. Signs are permitted according to the provisions of § 159.048.
(1999 Code, § 165.19) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007) Penalty, see § 159.999
ZONING REGULATIONS
§ 159.045 HEIGHT AND AREA REQUIREMENTS.
   The height and area requirements shall apply to all districts unless a particular district or overlay district requires special regulations. The following general requirements shall apply.
   (A)   In residential areas, minimum lot area shown is for one housing unit.
   (B)   All permitted uses must comply with floodplain requirements.
   (C)   Minimum dwelling unit size for efficiency apartments is 400 square feet; for two-family and multi-family apartments the minimum is 525 square feet.
   (D)   In single-family districts, number of stories may be increased to three and the building height may be increased to 45 feet if the side yard is increased to ten feet.
   (E)   See § 159.020 for height and area requirements for the MH Manufactured Home District.
   (F)   See § 159.017(A)(3) and (B) for height and area requirements for single-family attached dwellings.
Zone
Front Yard
(in ft.)
Side Yard
(in ft.)
Rear Yard
(in ft.)
Minimum Lot Area
Min. Lot Width
(in ft.)
Max. Bldg. Height
(in ft.)
Max. No. of Stories
Zone
Front Yard
(in ft.)
Side Yard
(in ft.)
Rear Yard
(in ft.)
Minimum Lot Area
Min. Lot Width
(in ft.)
Max. Bldg. Height
(in ft.)
Max. No. of Stories
A-1
30
7
25
5 acres
70
35
2-1/2
R-1A
30
7
25
2 acres (private septic system)
70
35
2-1/2
12,000 sq. ft. (public sanitary system)
R-1B
30
5
25
2 acres (private septic system)
60
35
2-1/2
7,200 sq. ft. (public sanitary system)
R-1C
30
5
25
2 acres (private septic system)
50
35
2-1/2
6,000 sq. ft. (public sanitary system)
R-2
25
5
25
3,000 sq. ft. for 1-family
40
45
2-1/2
6,000 sq. ft. for 2-family
R-4
25
5
25 ft. for interior lots
5,000 sq. ft. for 1-family
50
45
3
15 ft. for corner lots
6,000 sq. ft. for 2-family
2,500 sq. ft. for multi-family
+ 1,500 sq. ft. for each unit
R-5
25
10
25
Same as R-4
50
45
3
C-1
20
None
15
None
None
35
2-1/2
5 ft. if abutting residential district
3 ft. high solid visual barrier needed
3 ft. high solid visual barrier required if abutting residential district
For residential, see R-4
C-2
20
None
15
For residential, see R-4
None
45
3
5 ft. if abutting residential district
3 ft. high solid visual barrier needed
3 ft. high solid visual barrier required if abutting residential district
C-2M
20
None
15
None
None
45
3
5 ft. if abutting residential district
3 ft. high solid visual barrier needed
3 ft. high solid visual barrier required if abutting residential district
Residential not allowed
C-3
None
None
None
None
None
100
None
5 ft. if abutting residential district
3 ft. high solid visual barrier needed
15 ft. if abutting residential district with 3 ft. high solid visual barrier
For residential, see R-4
C-R
None
None
None
None
None
100
None
5 ft. if abutting residential district
3 ft. high solid visual barrier needed
3 ft. high solid visual barrier required if abutting residential district
For residential, see R-4
C-4
20
Same as C-2
Same as C-2
Same as C-2
None
45
3
M-1
20
None
None
None
None
45
3
10 ft. if abutting residential district
with 3 ft. high solid visual barrier
20 ft. if abutting residential district
with 3 ft. high solid visual barrier
 
M-2
20
None
None
None
None
100
8
10 ft. if abutting residential district
with 3 ft. high solid visual barrier
20 ft. if abutting residential district
with 3 ft. high solid visual barrier
M-3
20
Same as M-2
Same as M-2
None
None
100
8
 
(1999 Code, § 165.21) (Ord. 2247, passed 10-9-2001; Ord. 2296, passed 6-28-2005; Ord. 2566, passed 3-27-2018; Ord. 2599, passed 12-11-2018) Penalty, see § 159.999
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