Clinton City Zoning Code

OVERLAY DISTRICTS

§ 152.100 CLUB CONSERVATION OVERLAY.

(A) Purpose. The Club Conservation Overlay District (CCO) and its regulations are established in order to permit and encourage the intensity, mix of development and the open space preservation and standards that are currently in existence within the mapped areas of the overlay.

(B) Establishment of Club Conservation Overlay. The boundaries of the Club Conservation Overlay (CCO) are defined as the area to the south of South Lake Shore Drive, the area west of North Oakwood Drive and the area to the northwest of the lake as defined by the map. The boundaries of the Club Conservation Overlay District shall be indicated on the official village zoning map with the symbol CCO.

(1) The Club Conservation Overlay District permitted use table sets forth uses allowed within the overlay district.

Club Conservation Overlay District Permitted Use Table
Permitted Uses P = Permitted use PS = Permitted with additional use specific standards C = Conditional use Blank Cell = Prohibited	Club Conservation Overlay District (CCO)
Agricultural uses
Agricultural uses	PS
Commercial and office uses
Banks, drive-through banking facilities and financial institutions
Bed and breakfast establishments	C
Car wash
Child day care centers	C
Commercial entertainment or recreation uses (indoors)
Deli, meat market and dairy store
Drive-through refreshment stand
Gasoline stations (fueling only)
General offices (administrative, professional and business)
Medical and dental offices
Mini-storage facility
Mixed use buildings
Hotels
Personal service establishments
Private recreational uses (outdoors)
Restaurants and taverns
Retail
Sexually oriented businesses
Strip or open pit mining, soil removal or extracting operations
Veterinarian offices (no boarding)
Public and institutional uses
Airports, airfields and landing strips
Cemeteries
Churches and places of worship
Educational institutions (public or private)
Government offices and buildings	C
Institutions for higher education
Institutions for human medical care
Parks, playgrounds, golf courses (except miniature), swimming facilities, tennis clubs, country clubs, riding academies and other similar uses	C
Quasi-public, fraternal or service facilities
Recreational areas and campgrounds	C
Wildlife refuge and game preserve
Residential uses
Multi-family dwellings of the townhouse, rowhouse, garden apartment or multi-story type	P
Single family	P
Two-family residential

(2) All industrial uses listed in the permitted use table in § 152.086 are expressly prohibited in the CCO.

(D) Site development standards.

(1) The site development standards for Club Conservation Overlay District table establishes the minimum site development standards for the district.

Site Development Standards for Zoning Districts
Dwelling/Building Type	Minimum Lot Area	Minimum Lot Width at Building Setback Line (Feet)	Minimum Lot Frontage (Feet)	Minimum Setbacks			Maximum Building Height (Feet)
Dwelling/Building Type	Minimum Lot Area	Minimum Lot Width at Building Setback Line (Feet)	Minimum Lot Frontage (Feet)	Front Yard Feet	Side Yard Each Side (Feet)	Rear Yard (Feet)	Maximum Building Height (Feet)
Single-family	2,500 square feet	–	–	10	10	10	32
Multi-family	2,500 square feet	–	–	10	10	10	32

(2) Structures.

(a) New structures may not expand the total square footage of the existing structure it is replacing by more than 10% until such time as the county determines a structures footprint may be expanded.

(b) Any decks or porches which are planned to be enclosed living space must be identified as such in the initial plan approval process.

(d) No structure may be built or placed which obstructs easements or access to same.

(e) Easements may not be encroached upon by lot lessees without written, enacted permission and then only for utilities required for habitation, such as water well, electric service poll or drainage line.

(f) View sheds to the lake are not guaranteed for the residential owner, however view sheds should be taken into account for expansions and reconfigurations of structures.

(3) Fences. No fence is permitted to be constructed, including fencing created by landscaping except for fenced in areas for pets.

(4) Landscaping.

(a) General landscaping requirements shall hereby be consistent with §§ 152.240 through 152.248, unless otherwise stated below. Where there is conflict between a provision in this section and a provision for §§ 152.240 through 152.248, the requirement of this section shall prevail.

(b) The placement of new trees should take into account potentially obstructing lake views both currently and in the future.

(5) Lake docks.

(a) No private boat house on the shores of the lake or sides of private docks is permitted.

(b) Docks must be minimally ten feet apart from one another, and be seven feet long for a single, 12 feet long for a double and 18 feet long for a triple.

(E) Open space standards.

(1) General open space standards shall hereby be consistent with §§ 152.260 through 152.264, unless otherwise stated below. Where there is conflict between a provision in this section and a provision for §§ 152.260 through 152.264, the requirement of this section shall prevail.

(2) (a) A 60-foot buffer beginning from the lake shoreline outward will be maintained for the health and conservation of the lake.

(b) All existing structures existing within the established lake buffer are permitted, with any application for an addition to be reviewed by the appropriate boards and commissions.

(F) Design criteria.

(1) Generally. All new development or redevelopment projects in the CCO District shall be subject to any applicable design guidelines established in these codified ordinances. Where there is conflict between a provision in this section and another chapter of these this Zoning Code, the requirement of this section shall prevail.

(2) General criteria.

(a) The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development requirements set forth in this subchapter.

(b) Buildings, structures and landscaping should be designed and located on the site and be of a scale and massing to complement adjacent buildings and enhance the character of the district.

(c) Each building or unit of a multiple building development should have its own distinct identity, but should also be compatible with adjacent units in terms of scale, proportion, color and materials.

(3) Building design.

(a) Architectural style is not restricted, but the evaluation of the appearance of the project shall be based on the quality of its design and relationship to the prevailing design characteristics of the surrounding community.

(b) Building components such as windows, doors, eaves and parapets shall be composed on a building façade with harmonious proportions in relationship to one another and surrounding buildings.

(4) Building materials. Buildings should have a finish on all sides which either relates to the existing materials of the community or enhances the aesthetic of the community.

(G) Conditional use regulations.

(1) Generally. A conditional use, and uses accessory to such conditional use, shall be permitted in the CCO District only when specified as a conditional use in such District, and only if such use conforms to the following general criteria, and the specific conditions, standards and regulations set forth in this section. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that the use, as proposed, satisfies the following:

(a) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;

(b) Will not restrict or adversely affect the existing use of the adjacent property owners;

(d) That the establishment, main- tenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.

(2) Supplemental criteria for specific uses. The following are specific conditions, standards and regulations for certain conditional uses.

(a) Bed and breakfast establishments. Parking for guest lodging must be provided on the lot. Off-street parking spaces are not counted toward the parking requirement.

(b) Recreational areas and campgrounds. Campgrounds are not permitted.

(H) Approval of overlay projects. All development projects within the CCO District shall be subject to review requirements set forth in §§ 152.050 through 152.059, in addition to review and approval by Planning Commission.

(Prior Code, § 1123.01) (Ord. O-18-20, passed 11-20-2018)

§ 152.101 OPEN SPACE CONSERVATION OVERLAY.

(A) Purpose. The intent of the Open Space Conservation Overlay (OSC) District is to encourage the flexibility in the development and design of residential dwellings in the underlying zoning district, however preserve the natural features of the development area and provide open/green space. Open space design is intended to result in more efficient use of land, lower development and infrastructure costs, and the conservation of land for recreation or aesthetic and environment enrichment. It is not the intent of this Overlay District to significantly increase overall development densities, but to allow for the stipulated densities of the underlying zoning district. It is also the intent of the Overlay District to encourage design flexibility, creativity and development complementary to surrounding and existing neighborhoods.

(B) Intent. The purpose of these open space design development regulations is to enable and encourage flexibility of design and development of land in such a manner as to:

(1) Preserve open space and natural features;

(2) Protect important natural resources and sensitive lands;

(3) Encourage creativity and adaptability in the layout of residential lots; and

(4) Reduce the public long-term costs associated with infrastructure maintenance.

(C) Applicability. The standards of this section shall apply in cases where open space is required to be set aside as part of the development requirement or in cases where an applicant voluntarily establishes open space as part of a development. These standards may be overlaid upon the R-1, R-2 and R-3 Zoning Districts. Unless otherwise stated in this section, all other regulations within the underlying zoning district apply.

(1) Areas to be placed in open space. All regulations pertaining to areas to be placed in open space referenced in §§ 152.261 and 152.190 through 152.198 apply.

(2) Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of this section.

(a) The area of any street right-of-way proposed to be dedicated to the public;

(b) Any submerged land area; and

(D) Permitted main uses. The following main uses shall be permitted in the Overlay District, in addition to the permitted uses in the underlying zoning districts:

(1) Public parks;

(2) Playgrounds;

(3) Public open spaces (wooded areas, grassy areas, nature preserves, scenic overlooks); or

(4) Multi-purpose trails.

(E) Permitted accessory uses. Only the following accessory uses shall be permitted in the overlay district:

(1) Accessory structures and uses located on the property of and exclusively serving main uses described in § 152.210 including benches, bleachers, bike racks, water fountains, trails, concession stands, piers, boardwalks, promenades, recreation equipment rental facilities, boat ramps, restrooms, fences and similar structures accessory to a permitted use;

(2) Surface parking lots and garages located on the property of main uses described in § 152.210 and exclusively serving uses located on such property; or

(3) Signs accessory to a permitted use, excluding off premise advertising signs, limited to identification, information and directional signs, including sponsorship information where the sponsorship information is dearly secondary to ocher permitted information on any particular sign.

(Prior Code, § 1123.02) (Ord. O-18-20, passed 11-20-2018)