In enacting this chapter of the zoning ordinance, special notice has been taken of the fact that the goals of citizens and landowners of Clinton often conflict or compete. The prior method of zoning regularly forced a "winner-take-all" solution to the resolution of conflicts between neighbors or adjoining property owners. Whenever a proposed commercial use encountered objections, the City Council had only two choices: either to permit the use, to the detriment of the objectors, or to prohibit it entirely, to the detriment of the landowner who proposed it. Whenever a use was permitted (usually by virtue of a rezoning), the preexisting adjacent users were largely unprotected from any of its negative impacts. This chapter has been designed to protect and accommodate both competing interests. This has inevitably, and properly, led to some form of compromise. In arriving at these compromises, every possible consideration has been given to the public interest, individual property rights, and externalities. While compromise implies mutual concessions or losses, it also implies - and this chapter has been designed to provide - mutual gains and benefits. It is the goal of this chapter that both the burdens and the benefits which it, like any scheme of public regulation, implies be rationally and fairly distributed among the citizens and property owners of Clinton.

This zone is intended to accommodate most of the economic development expected in Clinton during the next twenty-year period. It consists of the areas where economic development should logically locate as a consequence of planned public facilities and associated capital expenditure. This zone provides for development of a generally suburban character. It provides for necessary commercial and institutional uses. ¹²³

The purpose of the regulations contained in this chapter is to allow maximum utilization of land in the zone while insuring against detrimental impacts on the environment, neighboring properties, and the public interest. This regulatory approach has been termed "performance zone" because it permits a use to be developed on a particular parcel only if that use on that parcel meets "performance" standards which have been enacted to insure against the use causing (or having the potential to cause) the negative impacts mentioned above.

The format of the regulations in this chapter differs somewhat from that of the rest of the ordinance because performance zoning requires that consideration be given to site (parcel) characteristics and the range of impacts which any use (such as "office" or "retail store") may have.

1. Definitions.^{28, 123}
   
   “High Volume Traffic Generation.” Any business that generates in excess of 100 vehicle trips per hour. As part of any conditional use review or site plan review a traffic study may be required by staff or the Planning Commission.^{69, 88}
   
   “Low-Volume Traffic Generation.” Uses such as furniture stores, carpet stores, major appliance stores, etc. that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor than stores selling smaller items.⁶⁹
   
   “Site Area, Base.” The area of proposed development minus rights-of-way, existing roads, easements, etc. as outlined in 28-19-9.
   
   “Site Area, Gross.” The entire acreage of a proposed development.
   
   “Site Area, Net.” The area of a proposed development after subtracting required open spaces as outlined in 28-19-10.
   

In the following list of uses, those designated as "P" will be permitted use. Uses designated "C" will be allowed only when authorized by a conditional use permit obtained as provided in Chapter 28-5 of this Zoning Ordinance.

For all nonresidential uses proposed in this zone, a site plan review by the Planning Commission will be required as specified in 28-3-10. of the Zoning Ordinance. Conditional uses within this zone will require review as outlined in Chapter 28-5 and 28-1-4(3). Notice of public hearings for reviews other than Conditional Uses will be set forth in 28-1-4(4).

Sections 28-19-6 and 28-19-7 delineate the minimum standards for open space, density, impervious surface coverage, and lot area which apply in this zone. The purpose of these performance standards is to provide detailed regulations and restrictions by means of minimum criteria which must be met by uses in order to protect neighbors from adverse impacts of adjoining land uses and to protect the general health, safety, and welfare by limiting where uses may be established, insuring that traffic congestion is minimized, controlling the intensity of use, and prescribing other such performance criteria necessary to implement the Comprehensive Plan and to meet the goals and objectives of this chapter. All uses and activities shall comply fully with the provisions of the following standards as a precondition of being permitted pursuant to Table 19.4.

This section contains the range of basic standards applicable to the uses allowed by this chapter. All standards must be met. Whenever the standard contained in 28-19-7 is different from another performance standard articulated in this chapter, the strictest standard shall always govern. The floor area factor is the amount of floor area of a building compared with the net buildable site area. The minimum site area specifies the minimum total number of acres for which development of a particular use may be proposed. Specific standards are dependent upon the intensity of development as outlined in 28-19-14.

Table of Performance Standards (Table 19.7)

Site capacity for any proposed development is equal to the net buildable area of the site multiplied by the floor area factor or impervious surface ratio, whichever is more restrictive. The site capacity calculation provides the mechanism for subtracting from the base site area all portions of a site inappropriate for development. Consequently, the purpose of this section is to determine the extent to which a site may be utilized given its unique physical characteristics.

Individual site capacity is calculated as follows. Both maximum impervious surface area and maximum floor area must be calculated.

1. Land which is required by this chapter to remain as open space may be used for the recreation, agriculture, resource protection, amenity and other purposes specified in this section. Open-space land shall be freely accessible to all intended users of a development with the exception that agricultural land uses shall be permitted to restrict access to that land to those solely engaged in agricultural pursuits. Open-space land shall not be occupied by non-recreational buildings, roads, road right-of-way or parking areas. ¹²³
2. All developments required by this chapter to provide open space shall meet the following requirements:
   1. Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed except as provided below.
   2. An open-space landscape plan shall be submitted as a part of the application for site plan approval. This landscape plan shall follow the standards outlined in Section 28-3-21 of this Title.
      
   3. The types of open space which may be provided to satisfy the requirements of this ordinance, together with the maintenance required for each type, are as follows:
      1. Agricultural uses. No specific maintenance is required.
      2. Greenways are linear green belts linking residential areas with other open-space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances, or unhealthy conditions.
      3. Lawns consist of grass with or without trees. Any lawn or turf areas shall be consistent with the water efficient landscape standards in Section 28-3-21 of this Title. Maintenance is limited to watering and mowing to ensure neatness.
      4. Interim open space. Land intended for future development may be designated as a holding zone and thus remains vacant until such time as this land is annexed or rezoned as a development district.
   4. All designated open space shall be large enough to be useable open space. The minimum dimension for usable open space shall be 10 feet and the minimum area shall be 100 square feet.
3. Preservation of Open Space. Open-space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as required by this section by any of the following mechanisms or combinations thereof:
   1. Dedication of open space to the City or an appropriate public agency, if there is a public agency willing to accept the dedication.
   2. Common ownership of the open space by a homeowner's association which assumes full responsibility for its maintenance.
   3. Dedication of development rights of open space may be made to an appropriate public agency with ownership remaining with the developer or homeowner's association. Maintenance responsibility shall remain with the property owner.
   4. Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open-space land and provide the maintenance responsibility.
   In the event that any private owner of open space fails to maintain same according to the standards of this ordinance, Clinton City may, in accordance with the Open-Space Landscape Plan and following reasonable notice, demand that deficiency of maintenance be corrected and enter the open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
   

1. All land uses which are permitted by this chapter have been assigned a land use intensity class designation (see 28-19-14). This classification system separates uses on the basis of the type and degree of "nuisance" or negative impact they are likely to impose on land uses adjacent to them.
2. In order to minimize any negative effects that a more obnoxious or intensive use will impose on its neighbors, this ordinance requires that bufferyards be provided between uses.
   

In keeping with the concept that performance should be the relevant measure of any land use regulations, the following section classifies uses according to their respective impact (all uses within a use class are considered to have an equal impact on neighboring uses). A developer may develop at an intensity which will minimize nuisances to neighbors or provide a denser bufferyard if the land is developed at greater intensities. The impacts of greater intensity may include greater impervious surface coverage, with associated increased runoff, heat generation, reduced percolation and open space, increased bulk and height of buildings, increased traffic with associated noise and congestion, signs and exterior lighting visible from neighboring property, late hours of operation, and other nuisances. Thus, for example, and office use on any lot may meet the standards at intensity class IV, V, VI, VII, or VIII. The range of intensity classes open to a use does not affect whether it can locate on its lot, but only how it can develop on that lot. Performance standards are specified for each intensity class; exceeding any single standard in an intensity class moves a use to the next-higher intensity class. In the event that a use does not appear in the next-higher intensity class, it may not exceed any single criteria in the highest intensity class in which it is listed.

1. The bufferyard is a unit of yard together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this ordinance are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. The planting units required of bufferyards have been calculated to insure that they do, in fact function as "buffers".
2. Bufferyards shall be required to separate different land uses form each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions.

1. To determine the type of bufferyard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed.
   1. Identify the land use category of the proposed use by referring to Table 19.4.
   2. Identify the use category of the land use(s) adjacent to the proposed use by on-site survey.
   3. Identify the land use intensity class of all adjoining land uses by referring to Table 19.14. Clinton City will supply this information.
   4. Classify any street adjacent to the proposed use by referring to the Clinton City Transportation Master Plan.
   5. Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to Table 19.17.
2. 28-19-18 specifies the bufferyard required between adjacent land uses. The requirements are expressed in terms which are further described and detailed in 28-19-18 through 28-19-22.
3. Bufferyard specifications are detailed and illustrated in Table 19.18.2. The bufferyards illustrated constitute the total bufferyard required between the two adjacent land uses. Any of the options contained in Table 19.18.2 for the required bufferyard shall satisfy the requirement of buffering between adjacent land uses.
4. Responsibility for Bufferyards.
   1. When a use is the first to develop on two adjacent vacant parcels, this first use, if it is other than a commercial or office use shall provide the buffer which Section 28-19-18 requires next to a commercial use with a Class VIII land use intensity classification. ¹²³
   2. When a commercial or office use is developed adjacent to a vacant parcel, no buffering is required.
   3. The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total bufferyard required between those two uses by 28-19-18. ²⁸
   4. Any development within the Performance Zone located against an adjacent vacant parcel in a residential zone, this first use, shall provide the buffer which Section 28-19-18 requires next to a residential use with a Class III land use intensity classification. ¹²³
   5. Existing plant material and/or land located on the preexisting (first developed) land use which meets the requirements of this chapter.
   6. May be counted as contributing to the total bufferyard required between it and the second (adjacent) land use to develop.
5. Streetscape Landscaping Requirements. The requirements mentioned in this section do not in any way supersede those found within Chapter 28-4 of this title with regards to parking lot screening, but are to help enhance the streetscape. The landscaping along the street can be included in the calculation for landscaping requirements.
   1. Specifications for bufferyards required against adjoining streets are stipulated in Table 19.16.1.
   2. During the Site Plan Review the Planning Commission will evaluate pedestrian access through required buffer areas to ease access between the development and the public way. As a minimum placement of this access will evaluate slope, construction, texture, snow removal, safety, and continued access from the area of the buffer to structures.
   3. If the planning commission determines that a fence is necessary to be part of a street buffer, due to public safety, fences will be of a decorative nature selected from the F-#W, wrought iron, type fences or F-2B berms. If a fence is required the buffer can be deleted in width by 5-feet, however at no time will the buffer be less than 10-feet deep.
   4. Buffers at Corners. In order to facilitate the sight triangle, where buffers meet at intersection corners the minimum depth of the corner buffer will be equal to the larger buffer for a distance of 40-feet from the corner.
   5. Where a development includes a public right-of-way to be developed as a street both sides of the street will be developed with a buffer. If there is property adjacent to the right-of-way that is not part of the development the buffer on that side of the street will be developed with either a street buffer or a bufferyard standard whichever is the greater.
   6. EXCEPTIONS to the streetscape landscaping requirements shall apply only to the location of the parking area and not that of the building. ¹⁶⁵
      1. Reduction of the depth requirement on adjacent streets may be reduced from one (1) to, but not beyond, five (5) feet if it is determined that the evaluation of the Architecture of the building elevations has received at least a positive score.
      2. Reduction of the depth requirement on adjacent streets may be reduced from one (1) to, but not beyond, five (5) feet if it is determined that the evaluation of the landscaping features (water features, rock work, additional landscaping, and other significant features [refer to 28-20-6(3) for examples], etc.) to receive at least a positive evaluation by significantly exceeding the minimum requirements.
      3. Use table 19.16.2 when evaluating both the Architectural reductions and the Streetscape landscaping reductions.
         
         

         Table 19.16.1 – Streetscape Landscaping Requirements
         Required Plant Units / 100 l.f.	Plant Unit Multiplier	Depth (feet)	100-feet in Length	Type of Street
         1 Canopy Trees	1	20		Residential
         1 Understory Trees	1.2	20		Collector
         10 Shrubs	1.5	20		Sub-Arterial
         1 Evergreen/Conifers	2	20		Arterial
         .5 Bench

         
         

         Table 19.16.2 -- Streetscape Landscaping Reduction Options
         A. -- Architecture			B. -- Landscaping
         Architectural Reduction Options			Landscaping Reduction Options			Water Feature Reduction Options
         Reduction in Depth (feet)	Average Architectural score		Reduction in Depth (feet)	* Plant unit multiplier		Reduction in Depth (feet)	Scope of Feature
         0	0		3	0.3		3	8%
         1 - 2.5	+ 1		2	0.2		2	5%
         2.6 - 5	+ 2		1	0.1		% of total street frontage
         *Add this amount to the plant unit multiplier number within table 19.16.1			** Rock Work Reduction Options			Combination's of Reduction Options
         ** Rock work cannot be used as both the reduction option of the streetscape and the required screening of the parking lot			Reduction in Depth (feet)	Scope of Work		Any combination of Landscaping, water features, rock work, or other significant features may be used to add up to the five (5) feet reduction
         If the maximum reduction of the streetscape landscaping requirement is given, only berm F-2B (see table 19.18.2) can be used for the screening of the parking area.			3	15%
         			2	10%
         			1	5%
         			% of total street frontage

The letter designations contained in this table refers to the bufferyard requirements and standards contained in table 19.18.2.

1. The following illustrations graphically indicate the specifications of each bufferyard. Bufferyard requirements are stated in terms of width of the bufferyard and the number of plant units required per one hundred (100) linear feet of bufferyard. The requirements of a bufferyard may be satisfied by any of the options thereof illustrated. The "plant unit multiplier" is a factor by which the basic number of plant materials required for a given bufferyard is determined given a change in the width of that yard. The type and quantity of plant materials required by each bufferyard, and each bufferyard option, are specified in this section.
   
   

   Table 19.18.1 – Available Bufferyards
   Development depth in feet	Bufferyard Options Available
   Less than 500 feet	All options are available
   501 – 1000 feet	Smallest option is not available
   1001 – 1500 feet	Smallest two (2) options are not available
   1501 feet and greater	Smallest three (3) options are not available, if however there are only three options within the required bufferyard, then the largest bufferyard must be used.

2. Each illustration depicts the total bufferyard located between two uses. However, where bufferyards are required against residential units or a residential zone the minimum bufferyard will have a minimum 6’ chain link fence, to meet city standards located on the property line between the bufferyard and residencies/residential zone. Where a fence is required the type of fence shall be upgraded one step to further protect the residential use, i.e. F^₂ will be installed as a F^₃, F^₄, as a F^₅.
3. Whenever a wall, fence, or berm is required within a bufferyard, these are shown as "structure required" in the following illustrations, wherein their respective specifications are also shown.
4. The following plant material substitutions shall satisfy the requirements of this section.
   1. In bufferyards F, G, H, and I, evergreen canopy or evergreen understory trees may be substituted for deciduous canopy forest trees without limitation.
   2. In bufferyards A, B, C, D, E, and G, evergreen canopy or evergreen understory trees may be substituted as follows:
      1. In the case of deciduous canopy forest trees, up to a maximum of 50 percent of the total number of the deciduous canopy trees otherwise required.
      2. In the case of deciduous understory, without limitation.
      3. In all bufferyards, evergreen or conifer shrubs may be substituted for deciduous shrubs without limitation.
      4. In all bufferyards required of public service uses, the public service use may substitute evergreen canopy or evergreen understory plant materials for canopy forest trees and understory plant materials, without limitation.
      5. If the development on the adjoining use is existing, planned, or deed-restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access.
      6. Any existing plant material which otherwise satisfies the requirements of this section may be counted toward satisfying all such requirements.
      7. The exact placement of required plants and structures shall be the decision of each user except that the following requirements shall be satisfied:
         1. Evergreen (or conifer) class III and IV plant materials shall be planted in clusters rather than singly in order to maximize their chances of survival.
         2. Berms with masonry walls (BW^₁, BW^₂, and BW^₃) required of bufferyard I are intended to buffer more significant nuisances from adjacent uses and, additionally, to break up and absorb noise, which is achieved by the varied heights of plant materials between the masonry wall and the noise source.
         3. All bufferyard areas shall be landscaped according to the water efficient landscape standards in Chapter 3 of this Title.
5. The bufferyards as established within table 19.18.2 represent all of the options available for every development. However, the minimum required bufferyard changes depending on the depth of the development. Use table 19.18.1 to determine the minimum bufferyard allowed per depth of development.
   
   

   Table 19.18.2
   Required Plant Units / 100 l.f.	Plant Unit Multiplier	Depth (feet)	100-feet in Length
   BUFFERYARD A
   .6 Canopy Trees	.6	12.5
   1 Understory Trees	.8	10
   Shrubs	1	7.5
   Evergreen/Conifers
   BUFFERYARD B
   1 Canopy Trees	.6	25
   2 Understory Trees	.8	20
   Shrubs	1	15
   Evergreen/Conifers	1
   BUFFERYARD C
   1 Canopy Trees	.6	25
   2 Understory Trees	.8	20
   3 Shrubs	1	15
   Evergreen/Conifers
   BUFFERYARD D
   2 Canopy Trees	.6	30
   4 Understory Trees	.8	25
   6 Shrubs	1	20
   Evergreen/Conifers
   BUFFERYARD E
   3 Canopy Trees	8	30
   6 Understory Trees	1	25
   9 Shrubs	.9	20
   Evergreen/Conifers
   BUFFERYARD F
   5 Canopy Trees	.8	30
   10 Understory Trees	1	25
   15 Shrubs	.9	20
   Evergreen/Conifers	.8	15
   BUFFERYARD G
   4 Canopy Trees	.8	40
   6 Understory Trees	1	30
   24 Shrubs	.75	25
   12 Evergreen/Conifers	.7	20
   BUFFERYARD H
   5 Canopy Trees	.8	50
   7.5 Understory Trees	1	40
   30 Shrubs	.6	30
   15 Evergreen/Conifers
   BUFFERYARD I
   6 Canopy Trees	.8	75
   9 Understory Trees	1	50
   36 Shrubs	.75	40
   18 Evergreen/Conifers	.6	30

   FENCES
   SYMBOL	HEIGHT	MATERIAL
   F-1V F-2V	4-feet 6-feet
   F-3V	6-feet
   F-4V	7-feet
   F-1W F-2W	4-feet 6-feet
   F-3W F-4W	4-feet 6-feet
   F-5W F-6W	6-feet (2’w/4’) 7-feet (4’w/3’)
   F-1C	>3-feet
   F-2C F-3C	6-feet 8-feet
   F-4C	8-feet
   		Concrete slide in fencing may be replaced with decorative block or rock fencing constructed on site when approved by the Planning Commission.

   BERMS
   SYMBOL	HEIGHT	MATERIAL
   F-1B	>3-feet
   F-2B	>3-feet wall

   
   

1. A bufferyard may be used for passive recreation; it may contain pedestrian, bike, or equestrian trails, provided that:
   1. No plant material is eliminated,
   2. The total width of the bufferyard is maintained, and
   3. All other regulations of the ordinance are met.
2. In no event, however the following uses be permitted in bufferyards: ice skating rinks, playfields, stables, swimming pools, and tennis courts.
   

Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subject to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, City, or an open-space or conservation group, provided that any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this ordinance.

Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply:

1. The subsequent use may provide one half (.5) of the buffer required by 28-19-17 and 28-19-18. The existing use may expand its use into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements of 28-19-17 and 28-19-18.
2. The existing use may enter into agreements with abutting landowners to use its existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements of 28-19-17 and 28-19-18. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess buffer by transferring part or all of the excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.
   

When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that:

1. The contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class; and
2. The vacant landowner makes an agreement to assume all responsibility for additional buffer, if needed, by his development of a less intense use than had been agreed upon.
   

1. The Clinton City Master Land Use Map outlines those portions of the city intended for development within the Performance Zone. In order to provide a natural buffer between residential developments adjacent to the Performance Zone and major roadways the Performance Zone shall not be reduced in depth from major roadways or intersections of major roadways below the following distances:
   
   

   Table 19.23.1 134
   Primary Arterial	500 foot
   Minor Arterial	500 Feet
   Intersection, Primary and Secondary Arterial	800 Feet
   Intersection, Primary and Collector	600 Feet
   Intersection, Secondary and Collector	500 foot

2. Street designations shall be as established in the Clinton City Transportation Master Plan. Distances shall be measured perpendicular from the centerline of the street right-of-way or as a radius from the intersection monument where applicable. ^{61, 123}
   

The land use intensity classification standards (28-19-14.) regulate landscaping (both on-site and for parking areas), and exterior lighting. The following sections detail the regulations which apply to each of the six standards (R,A,B,C,D, and E) specified in Section 28-19-14.

1. This section details the general landscaping required of particular land uses by Section 28-19-14. The number and type of plant units required per three hundred (300) linear feet of building(s) perimeter comprising the subject land use are specified for standards A, B, C, D and E.
2. The landscaping requirements specified for residential uses (R) is the requirement per ten (10) dwelling units.
3. The requirements of this section shall be applied proportionately when the total linear feet of building(s) perimeter varies from three hundred (300) feet for nonresidential uses or ten (10) residential dwelling units. All required planting shall be located in areas which do not include any bufferyard or right-of-way. Existing plant materials which meet the requirements of this ordinance may be counted as contributing to the total landscaping required by this section.
4. The following Table 19.25 specifies the type and number of plant units required by this section.
   
   

   Table 19.25 Site Design Standard (Section 19- 14)	Number of Landscaping Units Required (Per 300 feet or 10 dwelling units)
   Standard	Canopy	Understory	Shrubs
   R	5	5	0
   A	5	5	25
   B	3	3	15
   C	2	2	10
   D	2	2	5
   E	2	2	5

   
   

See 28-3-20 and 28-4-18 for details.

1. Purpose. This section details the exterior lighting standards specified in 28-19-14. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles in particular, safety considerations from the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public street lighting.
2. Definitions.
   
   “Candlepower.” The amount of light that will illuminate a surface one (1) foot distant from a light source to intensity of one (1) foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminaire.
   
   “Cutoff.” The points at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cutoff) at a specific angle above the ground.
   
   “Cutoff Angle.” The angle formed by a line drawn from the direction of light rays at the light source and line perpendicular to the ground from the light source, above which no light is emitted.
   
   “Cutoff-Type Luminaire.” A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety (90) degrees.
   
   “Foot-Candle.” A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
   
   “Glare.” The brightness of a light source which causes eye discomfort.
   
   “Luminaire.” A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
   
   “Maximum Permitted Illumination.” The maximum illumination measured in foot-candles at the interior bufferyard line at ground level in accordance with the standards of Subsection (3) below.
3. The following standards are required of all exterior lighting except the outdoor recreational uses specifically exempted below. Many uses have the option of providing a lower light post with a noncutoff type luminaire or a higher pole, up to sixty (60) feet, with a luminaire that totally cuts off light spillover at a cutoff angle smaller than ninety (90) degrees. The maximum height light post permitted is dependent on amount of cutoff provided. This is designed as a protection against excessive glare and light spilling over to neighboring properties. The exceptions which are permitted provide adequate protection for neighboring residential property. Exterior lighting shall meet one (1) of the following standards:
   
   

   1.	When light source or luminaire has no cutoff:
   	Standard	Maximum Permitted Illumination	Maximum Permitted Height of Luminaire
   	R	0.20	10 feet
   	A	0.20	15 feet
   	B, C, D, E	0.30	20 feet
   An illustration of this type of luminaire is provided below.
   NO CUTOFF LUMINAIRE

   2.	When a luminaire has total cutoff of an angle greater than ninety (90) degree, the maximum illumination and the maximum permitted luminaire height shall be:
   	Standard	Maximum Permitted Illumination	Maximum Permitted Height of Luminaire
   	R	0.30	15 feet
   	A	0.50	20 feet
   	B	0.75	25 feet
   	C	1.0	30 feet
   	D	1.5	35 feet
   	E	2.0	40 feet
   An illustration of this type of luminaire is provided below.
   90° CUTOFF LUMINAIRE

   3.	When a luminaire has total cutoff of light at an angle less than ninety (90) degrees and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five (5) feet above the ground at a point where the cutoff angle intersects the ground, then the maximum permitted illumination and the maximum permitted height of the luminaire shall be:
   	Standard	Maximum Permitted Illumination	Maximum Permitted Height of Luminaire
   	R	0.50	20 feet
   	A	1.00	25 feet
   	B	2.00	30 feet
   	C	3.00	40 feet
   	D	4.00	50 feet
   	E	5.00	60 feet
   An illustration of this type of luminaire is provided below.
   LUMINAIRE WITH LESS THAN 90° CUT-OFF

   4.	Exemption for specified outdoor recreational uses.
   	1. Because of their unique requirements for nighttime visibility and their limited hours of operation (specified in 28-19-14.), ball diamonds, playing fields, and tennis courts are exempted from the exterior lighting standards of 28-19-27 (3) above. These outdoor recreational uses must meet all other requirements of this section and of this ordinance.
   	2. The outdoor recreational uses specified above shall not exceed a maximum permitted post height of eighty (80) feet.
   	3. The outdoor recreational uses specified above shall not exceed a total cutoff angle of ninety (90) degrees, provided that the luminaire is shielded to prevent light and glare spillover to adjacent residential property. The maximum permitted illumination at the interior bufferyard line shall not exceed two (2) foot-candles.

4. Additional Regulations. Notwithstanding any other provisions of this section to the contrary:
   1. No flickering or flashing lights shall be permitted.
   2. Light sources or luminaries shall not be located within bufferyard areas except on pedestrian walkways.
5. Measurement.
   1. Metering Equipment. Lighting levels shall be measured in foot-candles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus five (5) percent. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one (1) year of the date of its use.
   2. Method of Measurement. The meter sensor shall be mounted not more than (6) inches above ground level in a horizontal position. Readings shall be taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at property line at ground level in Section 28-19-14. This procedure eliminates the effects of moonlight and other ambient light.
6. Exterior Lighting Plan. At the time any exterior lighting is installed or substantially modified, and whenever a zoning certificate is sought, an exterior lighting plan shall be submitted to the City in order to determine whether the requirements of this section have been met.
   

All signs located within this zone shall be in conformance with the Clinton City Sign Ordinance.

1. Purpose. ¹²⁶ The purpose of this section is to permit the continued use of single family residential development established within the Performance Zone prior to April 12, 2004. Additionally, the intent is not to allow any additional single-family residences to be developed except on lots that are part of residential plats, approved by the City and Recorded with the Davis County Recorder’s Office prior to April 12, 2004. This does not create non-conforming uses of the existing single-family dwellings rather it maintains all existing rights and privileges associated with single-family dwellings.
2. Definitions.
   
   “Subdivision Conventional.” Subdivisions designed around standard, public owned rights-of-way. Lots are owned by the homeowner, typical development in residential zones within the city.
   
   “Subdivision, Performance (single-family).” Developments of single-family units on privately owned or association owned land with facilities for recreation and open spaces as part of the subdivision. Typically referred to as town houses and cluster homes.
3. Table of Performance Standards.
   
   (Table19.29.1)
   
   

   TABLE 19-29.1
   	USE	Conventional Subdivision	Performance Subdivision
   Open Space ratio (OSR) Minimum			.20
   Density Factor	Low	3	4.2
   	High	5.5	15
   Floor Area Factor (FAF) Maximum	Low
   	High
   Impervious Surface Ratio (ISR)a Maximum	Low	.3	3
   	High	40	.65
   Minimum Site Area Acres			7
   Minimum Lot area Sq.-ft		6,000
   a For conventional subdivision, ratio is applied to individual building lot. For performance subdivision, ratio is applied to total project area

4. Site Development Standards. Theses standards were in place when the existing developments in the Performance Zone were established and shall remain applicable. Subdivisions and classifications existing at the time this change was implemented are:
   
   

   SUBDIVISIONS	CLASSIFICATION	CONVENTIONAL OR PERFORMANCE SUBDIVISION
   Park David Estates, all phases.	Class III	Conventional Subdivision
   Taylor Estates Subdivision, all phases.	Class III	Conventional Subdivision
   Plumcreek Subdivision, all phases.	Class IV	Conventional Subdivision
   Snowberry Subdivision, all phases.	Class IV	Conventional Subdivision
   Tartan Ridge Subdivision, all phases.	Class IV	Conventional Subdivision
   Shady Grove Subdivision, all phases.	Class IV	Performance Subdivision
   Clinton Towne Center Subdivision, all phases.	Class IV	Performance Subdivision
   Clinton Towne Center Apartments	Class IV	Other Subdivision

   
   
   

   Table 19.29.2 Development Standards199					Conventional Subdivision	Performance Subdivision
   1.	Minimum Lot Frontage	Interior Width			65	None
   		Corner Width			65	None
   2.	Minimum Yard Setbacks (feet)	1.	Front	Major Street	35	35
   				Local Side	20	20
   		2.	Side	Interior Lot	8/10	20
   				Facing Major Street	35	35
   				Facing Local street	20	20
   			Garages, accessory buildings, sheds, and carports 199		3 feet rated 5 feet non-rated	3 feet rated 5 feet non-rated
   		3.	Rear	Main Building	25	25
   			Garages, accessory buildings, sheds, and carports		3 feet rated 5 feet non-rated	3 feet rated 5 feet non-rated
   3.	Building Height	Minimum stories			1	1
   		Maximum stories			2.5	3
   		Maximum feet			35	35
   		Garages, accessory buildings, sheds, and carports199			6’ minimum, 1 story max,< to main building on lot	6’ minimum, 1 story max,< to main building on lot
   4.	Building First Floor Area (sq. ft.)	Dwelling unit minimum			850	800
   		Garages, accessory buildings, sheds, and carports199			850	Evaluated during a site plan review as established in § 28-3-10.
   5.	Impervious Surface Ratio	25% The impervious surface ratio is calculated based upon the impervious surface within any required side or rear yard minimum set back.
   a Applies to building rather than individual units

This section provides for the plant materials and standards that must be met in order to satisfy the requirements established in this chapter. Included in this section are regulations relating to the size of plant materials. Although this section does not generally specify the location or spacing of plant material required, all plant materials shall be located so as to achieve the maximum level of protection to the less intense use.

1. Minimum Plant Size. Unless otherwise specifically indicated elsewhere in this ordinance, all plant materials shall meet the following minimum size standards.
2. Species of trees and shrubs shall be designated by a state licensed landscape architect and submitted to the city for approval as part of the site plan review.
    

   Table 19.31 Plant Material		Minimum Size
   		Planting in buffer yards abutting vacant lands	All other planting
   Canopy Tree	Single Stem	2 inch caliper	2 1/2 inch caliper
   	Multi-Stem Clump	6 feet high	8 feet high
   Understory Tree		1 1/2 inch caliper	2 inch caliper
   Evergreen Tree		5 feet high	7 feet high
   Shrubs	Deciduous	3 gallon	5 gallon
   	Evergreen	3 gallon	5 gallon

1. Clinton City Central Business District Design Standards and Guidelines, referred to as the “CBD Design Standards” are adopted as a companion document to this chapter.
2. Unless otherwise established by the Clinton City Council the Clinton City Planning Commission shall function as the Architectural Design Review Committee.