§ 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 and Central Business District Fringe Overlay Zone, 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.   Residential uses above first floor;
            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) Penalty, see § 159.999