Clinton City Zoning Code

GENERAL DEVELOPMENT

STANDARDS

§ 152.225 FENCING, WALLS, HEDGES AND SIMILAR STRUCTURES.

(A) Applicability. Fences, walls, retaining walls, hedges and other similar structures may be permitted in all zoning districts in accordance with this chapter.

(B) Zoning certificate required. The construction of fences, walls and similar permanent structures shall require the issuance of a zoning certificate. The planting of hedges shall not require a zoning certificate but shall be done in a manner that will comply with the location and height requirements of this chapter.

(C) Decorative fencing exemption. Small portions of fences, such as decorative fencing used for landscaping, that are not longer than 20 feet in length but which comply with the height, yard and maintenance requirements set forth in this division (C), shall not require a zoning certificate.

(D) Snow fences. A snow fence or fence of similar type may be erected in any yard during the period from November 1 to April 1 for the sole purpose of preventing the drifting of snow on highways, driveways and sidewalks. Such fence shall not otherwise be used at any time as a temporary or permanent fence or enclosure. A zoning certificate shall not be required for a snow fence.

(E) Retaining walls.

(1) An embankment to be retained on any lot that exceeds 48 inches high shall be benched so that no individual retaining wall exceeds a height of six feet except where the Planning Commission determines that topography requires a wall of greater height, and each bench is a minimum width of 36 inches.

(2) Retaining walls over 48 inches, measured from the top of the footing to the top of the wall, are required to be designed and certified by a registered professional engineer licensed in the state. A copy of the signed construction drawing should be submitted with a zoning certificate application.

(3) Retaining walls shall be constructed as a decorative landscape element with vegetated plantings that soften edges and create visual interest.

(4) Retaining walls shall not be designed or constructed to obstruct the natural flow of water unless approved by any applicable agency having jurisdiction (e.g., County Soil and Water Conservation District, Village Engineer and the like).

(5) A retaining wall shall not be constructed to a height that exceeds one foot above the highest finished grade.

(6) In reviewing an application for a retaining wall, the Zoning Inspector may forward the application to the Village Engineer for review and comment.

(F) Location and height standards.

(1) Front yards.

(a) Fencing and hedges in the front yard setback area shall not exceed four feet in height.

(b) Hedges of any height may be planted in the front yard if they are set back a distance equal to the minimum required front yard setback as established in § 152.088(B).

(c) Solid masonry walls are permitted in the front yard; provided the wall does not exceed a height of two feet above the finished grade and are constructed of materials that are decorative in nature and not cement block.

(d) Fencing of woven wire chain link, wire stock fences or other wire fences are prohibited within 20 feet of the street right-of-way.

(e) Barbed wire fencing is prohibited in the front yard.

(f) Fences in the front yard shall have uniform openings aggregating at least 50% of their surface area when viewed from a perpendicular direction.

(g) All fencing, walls, hedges and similar structures shall be subject to the sight clearance regulations of § 152.088(B)(5).

(2) Side and rear yards.

(a) Fences and walls located in the side or rear yards shall not exceed a height of six feet.

(b) Informal plantings, trees and hedges may be taller than six feet but shall be maintained and trimmed so as not to constitute a nuisance to adjoining property owners.

(G) Measurement.

(1) The maximum fence or wall height shall be measured from the lowest point of the finished grade within three feet on either side of the fence to the top most portion of the fence.

(2) Fencing or walls should follow the natural contour of the land on which it is located.

(3) A fence may be erected on top of a wall or retaining wall but the combined height of the fence and wall or retaining wall shall not exceed the heights specified within this section for a fence, wall or a retaining wall.

(H) Construction, maintenance and repair.

(1) No fence, wall or hedge shall be constructed and maintained so as to be hazardous to existing or future neighboring uses.

(2) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced.

(3) When erected near a property or lot line, the entire fence and any of its supporting structures or appurtenances shall be contained within the lot or property of the person erecting or having erected said fence.

(4) All fences, walls and hedges shall be maintained in a neat and orderly manner.

(Prior Code, § 1141.01) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999

§ 152.226 STEEP SLOPE REGULATIONS.

(A) Purpose. The purpose of steep slope regulations is to control disturbances of steep slope soils, to protect natural areas and features, and to locate development areas that do not have severe environmental limitations. This section intends to regulate disturbances on steep slopes in order to protect life and property from hazards due to slope, erodible soils, unstable soils, earth movement and other geologic and hydrologic hazards. Furthermore, it is the intent of these standards to:

(1) Protect the steep slopes of the village because development on steep slopes increases runoff, erosion, sedimentation and the potential for slope destabilization;

(2) Undertake development in a manner that protects life and property from hazards due to slope, unstable and erodible soils, earth movement and other geologic and hydrologic hazards;

(3) Reduce potential for increased erosion, sedimentation and surface runoff, and the resulting adverse impacts on water quality;

(4) Preserve the visual quality of steep slope areas, which are valuable natural and economic resources; and

(5) Encourage innovative and imaginative building techniques to create structures and site plans that are suited to sloped terrain.

(B) Determination of steep slopes.

(1) This determination and the regulations of this section refer to existing (pre-development) site conditions that exist prior to any grading, cutting, filling or other similar earthwork.

(2) Slopes shall be determined by dividing the vertical rise in elevation by the horizontal run of the same slope and converting the result into a percentage value.

(3) For the purposes of this section, steep slopes shall be categorized as follows.

(a) A steep slope area shall be any area where there exists a slope of 18% or steeper over any 50 feet of horizontal distance.

(b) A severe slope area shall be any area where there exists a slope of 30% or steeper over any 50 feet of horizontal distance.

(4) The Zoning Inspector shall have the authority to make determinations about the severity of a slope based on data available from the county, the United States Geological Survey or surveys prepared by a registered surveyor.

(1) There shall be a minimum setback of 50 feet from the edge of any steep slope area.

(2) There shall be no disturbance of any severe slope areas (30% or steeper). There shall be a minimum setback of 100 feet from the edge of any severe slope area for all structures and buildings.

(3) All subdivisions shall demonstrate sensitivity to natural systems and ecological features of the site, including steep slopes. To the greatest extent possible, new roadways shall follow natural contours and care should be taken to include areas of highest environmental significance as part of the non-building areas of each lot and/or subdivision.

(4) Finished grades in disturbed areas shall not exceed a three to one slope and construction of retaining walls shall be avoided. Retaining walls may only be used when the applicant demonstrates that such walls are absolutely necessary. Retaining walls shall be subject to the provisions of § 152.225.

(5) Evidence that adequate measures will be taken to prevent erosion and sedimentation during and after construction shall be provided by the applicant.

(D) Review of development on steep slopes.

(1) Existing natural topography may not undergo earthwork or any type of cutting and filling to alter topographical site conditions prior to granting formal zoning approval.

(2) Any application that meets the minimum setbacks established above shall be subject to the applicable zoning certificate or site plan review procedure.

(3) Where an application proposes to disturb land within the established setbacks or construct buildings or structures on a steep slope area or severe slope area, such application shall be subject to a conditional use review pursuant to § 152.055.

(4) The applicant shall submit proposed site plans to the County Soil and Water Conservation District for their review. As a condition for disturbing steep slopes, evidence shall be provided that the site and any construction to be done thereon have been reviewed by the County Soil and Water Conservation District.

(Prior Code, § 1141.02) (Ord. O-18-20, passed 11-20-2018)

§ 152.227 EXTERIOR LIGHTING.

(A) Purpose. The purpose of this exterior lighting section is to regulate outdoor lighting in order to reduce or prevent light pollution and to minimize lighting impacts on surrounding properties. This means to the extent reasonably possible, the reduction or prevention of glare and light trespass, the conservation of energy and promotion of safety and security.

(B) Applicability.

(1) Generally. All outdoor lighting fixtures shall be subject to review as part of this chapter unless specifically exempted.

(2) Lighting plan required.

(a) A photometric plan showing the following shall be submitted as part of a zoning certificate or for a conditional use application:

1. The proposed intensity levels of the lighting throughout the site indicating foot candle measurements;

2. The lighting levels for the proposed site and an area extending a minimum of 30 feet onto adjacent properties;

3. The locations of each of the proposed lighting fixtures (wall mounted and pole);

4. The minimum, maximum and average intensity/illumination for the site;

5. Details of all proposed outdoor lighting fixtures indicating manufacturer, model and style of the fixture. A graphic representation of the fixture is required. The fixture lamp type (i.e. low-pressure sodium, metal halide and the like) shall be indicated on the proposed plans;

6. The proposed height of the lighting fixtures;

7. The hours of use of the lighting fixtures; and

8. Any additional submittal requirements as may be determined by the Zoning Inspector.

(b) A lighting plan shall not be required for single-family or two-family dwellings.

(3) Exemptions.

(a) All exterior lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps, are exempt from the requirements of this section.

(b) Holiday lighting shall be exempt from the requirements of this section.

(c) All temporary emergency lighting needed by the Police Department, Fire Department, other emergency service vehicles and public service vehicles, as well as all vehicular luminaries, shall be exempt from the requirements of this section including flashing or blinking lights.

(d) Street lights shall be exempt from the provisions of this section.

(4) Prohibited lights.

(a) Search lights, beacons, laser source lights or any similar high-intensity or flashing lights are prohibited, except in emergencies by Police Department and/or Fire Department personnel.

(b) No open lights, such as strings of light bulbs, shall be permitted. This prohibition shall not include holiday lighting.

(1) Exterior lighting shall be installed in a manner to deflect from adjacent residential developments.

(2) All exterior lighting for residential and non-residential uses shall be located, screened or shielded so adjacent lots located in residential districts or recorded subdivisions are not directly illuminated. Shielding may also be required for high intensity light fixtures to prevent glare to adjacent uses, public right-of-ways and drives. Perimeter lighting, when adjoining residential districts or recorded subdivisions, shall be by shielded fixtures to prevent light trespass onto adjacent properties.

(3) No exterior lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers, pedestrians or adjacent properties. Shields and/or filters are required for light fixtures with high intensity and glare potential.

(D) Lighting for residential uses.

(1) Lighting for single-family dwellings shall be exempt from most provisions of this subchapter with the exception of the following.

(a) The prohibited lights established in § 152.227(B)(4) shall apply to lighting for residential uses.

(b) Residential lighting for single-family dwellings shall be subject to the general provisions of § 152.227(C).

(c) For light fixtures that are not attached to the house or to an accessory building, there shall be a maximum height of 12 feet from the finished grade adjacent to the base of the light fixture to the top most point of the fixture. The light bulb shall not produce more than 1,600 lumens.

(2) Lighting for non-residential uses in the CD, R-1, R-2 or R-3 Districts shall be subject to the requirements of this subchapter unless expressly exempted.

(E) Exterior lighting requirements.

(1) Type of fixtures.

(a) All light fixtures shall be full cut-off type fixtures except for decorative light fixtures.

(b) Cutoff lighting may only be used for decorative purposes when located adjacent to the building.

(2) Height of fixtures.

(a) In all districts, the maximum height of any non-cutoff light fixture shall be 12 feet.

(b) All cut-off exterior lighting shall be designed, located and mounted at heights pursuant to the table below.

Maximum Cut-Off Light Fixture Height
Zoning District	Maximum Height of Light Fixture
B-1 or B-2	18 feet
I-1	30 feet
R-1, R-2 or R-3 (except for single-family dwellings, see § 152.227(D))	15 feet

(c) In no case shall the height of light fixtures exceed the maximum permitted building height within the applicable zoning district.

(d) Lighting located under canopies shall be flush mounted or recessed within the canopy.

(e) Height shall be measured from the finished grade adjacent to the base of the light fixture to the top most point of the fixture.

(3) Illumination.

(a) Exterior lighting shall be designed and located to have the following maximum illumination levels. The levels shall be measured at the finished grade at the lot line as demonstrated by a lighting plan as follows.

1. The maximum illumination at a lot line that abuts a lot zoned or used for residential purposes shall be 0.3 foot candles.

2. The maximum illumination at a lot line that abuts a business zoned lot shall be 3.0 foot candles (vertical) and 5.0 foot candles (horizontal).

3. The maximum illumination at a lot line for properties used for outdoor sports and recreation shall be reviewed for compliance with regard to the intent of these guidelines to minimize the impact of light trespass and glare on all surrounding properties and public rights-of-way.

4. The illumination across any property shall be designed so as to not create excessively dark spots that may create safety issues.

(b) All applicants are strongly encouraged to submit lighting plans with components that reduce light pollution including, but not limited to, automatic shut-off of fixtures, auto-dimming to adjust lighting based on ambient lighting and the use of as little lighting as necessary without creating safety issues.

(4) Modifications. Should any exterior light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Zoning Inspector for approval, together with adequate information to assure compliance with this section, which must be received prior to substitution.

(Prior Code, § 1141.03) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999

§ 152.228 MAILBOXES AND DRIVEWAY ENTRY STRUCTURES.

Driveway entry structures, including decorative boulders and mailboxes, shall be subject to the following standards.

(A) All driveway entry structures, excluding decorative boulders, shall meet the following requirements.

(1) One structure is permitted on each side of a driveway entry adjacent to a road with a minimum width clearance of 12 feet between structures.

(2) Each structure shall be set back a minimum of five feet from the road right-of-way and side lot lines.

(3) Each structure shall be limited to a maximum footprint of 12 feet by 12 feet with a maximum height of five feet from the adjacent grade.

(4) Light fixtures that are incorporated into the driveway entry structure shall not exceed a maximum height of eight feet above grade.

(5) A lighting fixture may be erected on top of a driveway entry structure but the combined height of the light fixture and driveway entry structure shall not exceed a height of eight feet with the driveway entry structure maintaining a maximum height of five feet as specified above.

(6) Gates that extend across the driveway shall not exceed six feet in height above grade and shall meet all other requirements of this chapter.

(B) Decorative boulders used near a driveway or along a street frontage shall be set back a minimum of five feet from the right-of-way and from all side lot lines. A zoning certificate shall not be required.

(C) Due to the climate of the village and the need to be able to clear roadways of snow, mailboxes shall not be installed within a masonry or similarly permanent structure; absent written permission from the Village Street Superintendent. Mailboxes should be installed in accordance with regulations established by the U.S. Postal Service.

(D) A zoning certificate shall be required for any driveway structure that requires the installation of a footer to ensure the safe location for the purposes of snow removal.

(Prior Code, § 1141.04) (Ord. O-18-20, passed 11-20-2018; Ord. O-22-07, passed 3-15-2022)