Lincoln City Zoning Code
DIVISION 4.1
General
§ 4.1.1 Applicability.
A.
Zoning districts. For the purposes previously stated, the City has been divided into zoned districts in which the regulations contained within will govern lot coverage; the height, area, bulk, location, and size of buildings; open space and the uses of land, buildings, and structures. In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements for the promotion of public health, safety, comfort, convenience, and general welfare.
B.
Zoning districts in the Planning Area. The City of Lincoln does not have the authority to administer zoning in that portion of the Planning Area Map that lies outside the City's corporate limits. Unless otherwise directed by the Planning Commission, subdividers submitting residential plats within this area, should utilize the R-A District as the controlling district for lot sizes, setbacks, and other configuration determinants.
[Amended 9-15-2020 by Ord. No. 2020-23]
§ 4.1.2 Official Zoning Map.
The City of Lincoln is hereby divided into zones, or districts, as shown on the Official Zoning Map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. The Official Zoning Map consists of a map and text. The City of Lincoln shall maintain the Map at a convenient location designated by the Mayor and filed with the City Clerk. Although copies of the Map or portions thereof may be distributed to the public in paper or digital form, the Official Zoning Map consists of the digital copy as shown on the City of Lincoln's official website, as kept by the City of Lincoln's Information Systems Department, and designated as such, and as amended by ordinance adopted by the City Council and signed by the Mayor and maintained in City Hall.
§ 4.1.3 Establishment of zoning districts.
[Amended 9-15-2020 by Ord. No. 2020-23]
For the purpose of this Zoning Code, the City is hereby divided into land use zoning districts, as follows:
R-1 | Low-Density Residential |
R-2 | Medium-Density Residential |
R-3 | Medium-High Density Residential |
R-A | Residential Agricultural |
R-D | Downtown Residential |
B-1 | Downtown Mixed Use |
B-2 | Highway Mixed Use |
M-1 | Light Industrial |
M-2 | Heavy Industrial |
PUD | Planned Unit Development |
§ 4.1.4 Relationship to Land Use Plan.
The regulations contained herein are adopted giving due consideration to the Comprehensive Land Use Plan. Thus, the requirements of the UDC shall take precedence over the policies of the Comprehensive Land Use Plan. Any conflict therewith should not be considered basis for challenge.
§ 4.1.5 Interpretation of district boundaries.
When uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines are intended to follow either the center line of blocks, highways, streets, alleys, easements, property lines, or the boundary lines of sections, quarter sections, divisions or sections, tracts or lots, or such lines extended unless otherwise indicated.
B.
In the absence of specific distances, such dimensions shall be determined by the scale of the Official Map, or by supplemental certified rezoning filings with more precise legal descriptions of specific parcels.
C.
When the street or property layout existing on the ground is at variance with that shown on the Official Zoning Map, the Board of Adjustment shall interpret the district boundaries of these regulations.
§ 4.1.6 Classification of annexed lands.
All land annexed to the City of Lincoln after the adoption of this code shall be governed by the following procedures:
A.
Territory annexed to the City of Lincoln shall be zoned A-1 Agricultural unless the Planning Commission recommends a change of zoning after holding a public hearing, notice of which shall be published in a newspaper of general circulation in the City of Lincoln at least one time 15 calendar days prior to the hearing, and the City Council adopts the recommended zoning at the time of certification of the annexation.
B.
The owners of the property being annexed shall have the right to petition the Planning Commission for a change of zoning at the time of annexation.
C.
An accurate plat of any newly annexed area shall be submitted by the owner(s)/developer(s) to the Planning Commission for the purpose of zoning. No building permits shall be issued, nor shall applications for review as listed in Division 2.2 of these regulations, be accepted by the City prior to the completion of annexation.
§ 4.1.7 Scope of regulations.
A.
Except as may otherwise be provided, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this code which are applicable to the zoning districts in which the buildings, uses, or land shall be located.
B.
No building, structure, or land shall be used or occupied, and no building/structure or part thereof shall be built, moved, reconstructed, extended, enlarged, or altered except to meet the regulations specified for the district in which it is located.
C.
All new buildings and structures shall conform to the building regulations established herein for the district in which each building is located. Excluded are any parapet walls, chimneys, stacks, and cooling towers, elevator bulkheads, fire towers, stocks and necessary mechanical appurtenances. These shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City of Lincoln.
D.
The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence.
E.
No lot shall be divided into two or more lots unless all lots resulting from each such division conform to all the area and bulk regulations of the zoning district in which the property is located.
§ 4.1.8 Determination as to uses not listed.
When a use is not specifically listed as a permitted or conditional use within a particular zoning district, the Planning Commission shall determine if the use is substantially similar in its character and external impacts to the already listed permitted and conditionally permitted uses. If the use can be determined to be substantially similar in its character and external impacts, it shall be allowed as a permitted or conditional use. In making such determination the Planning Commission shall consider the similarity of the use and its impacts to other permitted or conditional uses within the zoning district. If the use is not listed as permitted and cannot be determined to be substantially similar in its character and external impacts, it shall be considered prohibited.
§ 4.1.9 Completion of existing buildings.
A.
Nothing within this code shall require any change in the plans, construction, or designated use of a building under construction at the time of the adoption of these regulations; provided, however, that such building must be constructed in accordance with the regulations existing at the time the permit was granted.
B.
Nothing within this code shall require any change in plans, construction or designated use of a building for which a building permit has been issued within 30 calendar days prior to the adoption of these regulations, provided that construction is begun within 90 calendar days of the effective date of these regulations and diligently pursued to completion.
C.
For lands annexed into the City of Lincoln after May 19, 2020, nothing in these regulations shall require any change in plans, construction, or designated use of a building under construction. This shall also apply to any development for which a valid permit exists that was issued by Washington County.
§ 4.1.10 Areas not to be diminished.
A.
No lot or yard area, or other open space, or off-street parking or loading space required in connection with any building or use shall be reduced in dimension or area below the minimum requirements of this code.
B.
No lot or yard area, or other open space shall, by virtue of change of ownership, or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.
§ 4.1.11 Principal structure on lot.
A.
In residential districts only one principal structure and its customary accessory structures may be erected on any lot unless otherwise provided in this code.
B.
The equipping of an accessory structure with sink, cook stove, or other kitchen facilities for the independent occupancy for other than household employees or guests shall be considered evidence that the structure is not an accessory structure but a separate dwelling and must meet requirements for accessory dwelling units.
§ 4.1.12 Lots of record.
Any single lot or parcel of land, which was of record at the time of adoption of this code, that does not meet the requirements of minimum lot width or area specified for the zoning district in which it is located, or which was built upon such that the building setback, yards, open space, building height, or location of parking or loading spaces do not now comply with the requirements for the district in which it is located, may be utilized for a permitted use with the yards, courts, or usable open spaces reduced to not less than 75% of the dimensions specified for the district in which it is located.