Lincoln City Zoning Code
DIVISION 4.11
Additional District Provisions
§ 4.11.1 Automobile junkyards and salvage yards.
Because of the nature of their operations and the noise, dust, traffic, and health hazards they may create, salvage yards shall adhere to the subsequent regulations:
A.
Location: may not be located closer than 500 feet to any residential district boundary.
B.
Fencing. All outdoor storage of salvage and junk operations shall be conducted entirely within an enclosed opaque fence or wall, except driveway areas. The fence shall be installed around each junkyard at the time the use is established or within six months of annexation. The fence shall be a minimum of eight feet high, a maximum of 12 feet high, and shall completely obstruct the view of the yard, its contents, and be properly painted and otherwise maintained in good condition. Storage between the fence and public rights-of-way is expressly prohibited.
§ 4.11.2 Automobile impound/tow yards.
Because of the nature of their operations and the noise, and traffic they may create, impound/tow yards shall adhere to the subsequent regulations:
A.
Fencing. All outdoor storage of wrecked or towed vehicles shall be conducted entirely within an enclosed opaque fence or wall, except driveway areas. The fence shall be installed around each impound yard at the time the use is established or within six months of annexation. The fence shall be a minimum of six feet high, a maximum of 12 feet high, and shall completely obstruct the view of the yard and its contents and be properly painted and otherwise maintained in good condition. Storage between the fence and public rights-of-way is expressly prohibited.
B.
Time limit. The premises is to be used primarily for the storage of operable automobiles or wrecked vehicles until they are placed back in the control of the owner and/or insurance company, so long as no operable automobile, inoperable junk or wrecked automobile remains on site for more than 90 calendar days.
§ 4.11.3 Child-care centers.
Requirements applying to child-care centers are as follows:
A.
Child-care centers are required to obtain a permit from the City in addition to all additional required permits before beginning operations.
B.
Each permit issued for a child-care center shall be accompanied by a scaled site plan and shall include the following:
(1)
Owner's name, address, and telephone number.
(2)
North arrow.
(3)
Scale.
(4)
Accurate shape and dimension of the lot or site.
(5)
Lengths of all property lines.
(6)
Roads and rights-of-way labeled, both public and private.
(7)
Parking areas, driveway location and any intersections with roads.
(8)
Label all existing structures.
(9)
Locations and dimension of all structures and distances of each to property lines.
C.
All child-care centers shall be located on a lot large enough to meet City codes and state requirements, and all portions of said lot used for outdoor play space shall be fenced with an opaque fence six feet in height.
D.
Child-care centers shall meet all City, County and State Health Department requirements as to safety, design, facilities, equipment, and other features. The facility shall be operated in a manner that will not adversely affect other properties and uses in the area.
E.
Child-care centers shall provide one paved parking space for each employee at the center at any one time, plus two additional paved parking spaces.
F.
Child-care centers shall provide one off-street parking space for the loading and unloading of children.
§ 4.11.4 Day-care family homes.
Requirements applying to day-care family homes are as follows:
A.
Day-care family homes are required to obtain a permit from the City in addition to all additional required permits before beginning operations.
B.
Each permit issued for a day-care family home shall pertain to only one building/structure, and each expansion thereof shall require a separated business permit.
C.
The application for a day-care family home business permit shall be accompanied by a scaled site plan and shall include the following:
(1)
Owner's name, address, and telephone number.
(2)
North arrow.
(3)
Scale.
(4)
Accurate shape and dimension of the lot or site.
(5)
Lengths of all property lines.
(6)
Roads and rights-of-way labeled, both public and private.
(7)
Parking areas, driveway location and any intersections with roads.
(8)
Label all existing structures.
(9)
Locations and dimension of all structures and distances of each to property lines.
D.
All day-care family homes shall be located in a single-family dwelling and shall be operated in a manner that will not change the character of the residence.
E.
All day-care family homes shall be located on a lot large enough to meet City codes and street requirements, and all portions of said lot used for outdoor play space shall be fenced with an opaque fence six feet in height.
F.
All day-care family homes shall meet all City, County and State Health Department requirements as to safety, design, facilities, equipment, and other features. The facility shall be operated in a manner that will not adversely affect other properties and uses in the area.
G.
All day-care family homes shall provide one paved parking space for each employee at the home at any time plus two additional paved parking spaces.
H.
All day-care family homes shall provide one off-street parking space for the loading and unloading of children.
§ 4.11.5 Residential home day cares.
Requirements applying to residential home day cares are as follows:
A.
Residential home day-care operations are required to obtain a permit from the City in addition to all additional required permits before beginning operations.
B.
Residential home day-care operations shall be operated by the resident of the structure.
C.
Residential home day-care operations shall be operated on a lot meeting City codes and State of Arkansas licensing regulations. All portions of the lot used for outdoor play space shall be fenced with an opaque fence six feet in height.
D.
The dwelling shall meet all City, County, and State Health Department requirements as to safety, design, facilities, equipment, and other features, and the facility shall be operated in such a manner that it will not adversely affect other properties in the area.
§ 4.11.6 Flammable liquids and gases.
The storage of flammable liquids and gases shall comply with the State of Arkansas Fire Prevention Code. Tanks for the storage of flammable liquids and gases in excess of 100 pounds shall be allowed only for commercial and industrial use.
§ 4.11.7 Manufactured and modular home residential structures.
[Amended 9-15-2020 by Ord. No. 2020-23]
A.
Definitions.
(1) MANUFACTURED HOME and MOBILE HOME PERMANENT STRUCTURES PERSON
As used in this section, the following terms shall have the meanings indicated:
Shall have the same meaning that is articulated in Act 365 of the 2003 Acts of Arkansas or otherwise defined in the Arkansas Code Annotated.
A conventional housing built on a concrete slab or permanent foundation that is subject to the provisions of the International Residential Building Code, One- and Two-Family Dwelling.
Any individual, corporation, or other governmental or private entity.
(2)
All other words and phrases used herein shall be accorded their usual dictionary meaning for purposes of interpretation and enforcement.
B.
Placement of manufactured and mobile homes.
(1)
No mobile homes shall be placed within the City limits.
(2)
Manufactured homes shall be placed only in a mobile home park or an R-A Zone, and shall be subject to the applicable utility connection, anchoring or other inspections determined to be necessary for health, safety and welfare by the City's Building Official. However, all inspections must be allowable under state and federal law. For any applicable inspections, manufactured home owners shall be subject to the same respective inspection fees and bond requirements and charges as owners of permanent structures.
(3)
No mobile home, manufactured home, or modular home may be situated in a business, public use, or industrial zone.
(4)
No mobile home or manufactured home may be used as an accessory building.
C.
Certificate of occupancy required.
(1)
When a manufactured home is placed, permanent utility connections are required and no person may occupy a mobile home or manufactured home until the City Inspector has issued a certificate of occupancy for the structure.
(2)
The manufactured home, when placed at a qualified location in the City, shall be oriented so that the entry to the dwelling faces the street along which the home is located (or addressed if it is situated on a corner lot). The entry shall include a with a covered front porch or stoop oriented toward the front yard. .
(3)
Perimeter foundation enclosure shall be installed on manufactured homes. The perimeter foundation enclosure shall be constructed of the same or like exterior material covering the home or shall be constructed of rock, brick or concrete.
(4)
Setback requirements applicable to permanent structures in a residential zone shall have equal application to manufactured homes.
D.
Nonconforming use replacement.
(1)
Notwithstanding any other provision, when a nonconforming situation is the result of a mobile home or manufactured home placed on a lot where such structure is not permitted, and that structure is destroyed, demolished, or removed, a new, manufactured or modular home may be replaced on such lot if it is placed within one year of the structure's removal.
(2)
The structure (or structure remains) shall be removed within three months from the destruction or demolition of the structure, or within three months of the structure's release back to the owner in cases of fire, police, insurance, or other ongoing investigations.
(3)
The applicant may request one three-month extension from the Planning Commission Chairperson. One additional three-month extension may be requested from the Planning Commission.
§ 4.11.8 Design standards for B-1 Downtown Mixed Use.
A.
Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space. Downtown Lincoln has a rich architectural history spanning many decades and styles; therefore, architecture should be respectful of the existing built environment and should strive to enhance the public realm.
B.
Applicability. The Downtown District Design Standards apply to select parcels of land located within the boundaries of the B-1 Zoning District as shown on the Official Lincoln Zoning Map.
C.
The Downtown District Design Standards are applicable in the following instances:
(1)
If a conflict occurs between different standards, these standards shall supersede those design standards prescribed in Division 6.10, Design Standards for Large-Scale Developments, Small Site Plans, Duplexes, Triplexes, Quadplexes, and Multifamily Developments.
(2)
All new construction, additions or renovations shall comply with these standards regardless of whether the improvements require a permit; ordinary repairs and maintenance are not subject to these standards. Specifically, only the new construction or portions of the building that are being added or renovated shall comply with these standards.
(3)
Building designs that strictly comply with these standards are to be considered approved for matters of aesthetics and shall not require further discretionary review for architectural character or appearance.
(4)
Building designs that do not comply with these standards may be permitted by a variance after review and approval by the Planning Commission.
(5)
Building designs that are denied or approved by the Planning Commission may be appealed to the City Council.
(6)
In instances that do not conflict with Act 446 of the Acts of 2019, A.C.A. § 14-56-204, these standards shall apply to single-family residential structures.
D.
Building height, placement, and parking.
(1)
All buildings within this district shall have a build-to zone encompassing zero feet to 12 feet from the front property line for the placement of primary structures.
(a)
Special exceptions for nonconforming structures located in this B-1 Zoning District regarding the required build-to zones:
1.
All new construction or additions that increase the existing building(s) footprint or volume of habitable space by 50% (after the effective date of this ordinance) or more shall comply with the standards herein.
2.
Building additions/expansions that increase the existing building(s) footprint or volume of habitable space on a property by less than 50% may be located outside of the build-to zone, so long as they are compliant with all other applicable zoning and development ordinances.
(2)
Buildings facing the City square shall not install parking in front of the primary structure on their individual lots.
(3)
Buildings facing the City square shall not exceed three stories in height.
E.
Special building elements and appurtenances. If a building has a marquee, awning, balcony, colonnade, arcade, turret, cupola, porch or stoop, then it shall comply with the following regulations:
(1)
Marquees and awnings.
(b)
Right-of-way encroachment. Marquees and awnings shall occur forward of the principal facade and may encroach within the right-of-way in accordance with the Building Code adopted by the City of Lincoln.
(c)
Placement. Placement of awnings or marquees shall not interfere with street trees, streetlights, street signs, utilities or other such civic infrastructure.
(d)
Prohibited materials. High-gloss or plasticized fabrics are prohibited.
(2)
Balconies.
(a)
Standard.
1.
Depth: to the back of the curb maximum. Balconies above the second floor shall have a maximum projection of four feet from the principal facade.
2.
Height: 10 feet minimum clear to the underside of the horizontal floor. Supports or appendages may not extend below seven feet clear.
3.
Length: 80% maximum of principal building facade for the second floor; 40% maximum for all balconies above the second floor.
4.
Roofs. Balconies may have roofs, but are required to be open, non-air-conditioned parts of the building.
5.
Underside. The underside of a balcony extending over a sidewalk shall be covered with a solid material, and lighting may be required, depending upon the proximity to a streetlight.
(b)
Right-of-way encroachment. Balconies may encroach within the right-of-way in accordance with the Building Code adopted by the City of Lincoln.
(c)
Placement. Balconies shall not interfere with street trees, streetlights, street signs, utilities, or other such civic infrastructure.
(3)
(4)
Stoops.
(a)
Standard. Stoops may be covered or uncovered, and stairs may run to the front or to the side.
1.
Depth: four feet minimum from the principal facade to the inside of the column face for stoops with a covered landing.
2.
Height: 96 inches maximum.
3.
Length: maximum twelve-foot width for each individual building entrance or group of connected entrances. The pedestrian connection from the stoop to the public sidewalk shall be allowed to run from the door along the facade of the building, parallel to the street, for a maximum of 12 feet from the door, before connecting directly to the public sidewalk.
(b)
Right-of-way encroachment. Stoops may occur forward of the principal facade and may extend into the right-of-way in accordance with the building code adopted by the City of Lincoln.
(c)
Placement. Sidewalks shall have a minimum five feet clear access for pedestrian movements. Stoops shall not be built within 18 inches of the side property line on attached unit types.
(5)
Projected bay.
(a)
Standard. Bays shall consist of habitable space.
1.
Depth: four feet maximum from the principal facade.
2.
Second story height. Bays above the first or ground floor shall have a minimum of 10 feet clear to the underside of the horizontal floor. Supports or appendages shall not extend below seven feet clear.
3.
Length: 20% maximum of the principal facade length.
(b)
Second story right-of-way encroachment. Bays above the first or ground floor may encroach within the right-of-way in accordance with the Building Code adopted by the City of Lincoln.
(c)
Placement. Projected bays shall not interfere with street trees, streetlights, street signs or other such civic infrastructure.
F.
Exterior architectural elements. The lists of permitted materials and configurations have been selected for their durability, sustainability and responsiveness to climate. The primary goal of the architectural elements is authenticity; the elements encourage construction that is straightforward and functional and draws its ornament and variety from the assembly of genuine materials. Items not listed in the architectural elements may be approved upon review by the Planning Commission.
(2)
Exterior prohibited materials. The following shall be prohibited on any buildings which are not single-family residential:
(a)
Undersized shutters. Shutters shall be sized so as to equal the width required to cover the window opening.
(b)
Shutters made of plastic.
(c)
Glass with reflective coatings other than clear glass with low-E coatings.
(d)
Plastic or PVC roof tiles.
(e)
Aluminum siding.
(f)
Vinyl siding.
(g)
Wood fiber board.
(h)
Unfinished pressure-treated wood.
(i)
EIFS (exterior insulation finish system) located on the first or ground floor.
(3)
Columns, arches, pedestals, railings and balustrades. The following applies to any buildings which are not single-family residential:
(a)
Permitted materials.
1.
Columns and pedestals. Brick, painted, stained or natural wood, terra-cotta, stained, painted or unpainted concrete with a smooth finish, cast-in-place concrete with or without stucco, pre-cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron.
2.
Arches and lintels. Brick, painted stained or natural wood, terra-cotta, stained, painted or un-painted concrete with a smooth finish, cast-in-place concrete with or without stucco, precast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron.
3.
Railings and balusters. Brick, painted, stained or natural wood, terra-cotta, stained, painted or unpainted concrete with a smooth finish, cast-in-place concrete with or without stucco, precast concrete, concrete masonry units with stucco, stone, structural steel, cast iron, wrought iron, and glass.
(4)
Windows, skylights, and doors. The following applies to any buildings which are not single-family residential:
(a)
Permitted configurations. All window configurations are allowed.
(b)
Permitted finish materials.
1.
Windows. Windows may be made of wood, aluminum, copper, steel, clad wood, thermally broken vinyl or aluminum. No false grids are permitted except for where mullions and muntins are permanently adhered to both the interior and exterior of a pane of thermally broken glass separated by a spacer aligned with the mullions or muntins in between panes of thermally broken glass (commonly referred to as "simulated divided light windows").
2.
Doors. Doors may be made of wood, glass, fiberglass or metal (i.e., steel, aluminum, copper, bronze, etc.).
(5)
Roofs and gutters. The following applies to any buildings which are not single-family residential:
(c)
Permitted finish materials.
1.
Metal roofs. Metal roofs may be made of galvanized steel, aluminum-zinc coated steel, copper, aluminum, zinc-alum, lead-coated copper, terne, or powder-coated steel.
2.
Shingles. Shingles shall be made of asphalt, metal, concrete, terra-cotta, slate, or cedar shingles or shakes.
3.
Gutters and downspouts. Gutters and downspouts shall be made of copper, aluminum, galvanized steel, aluminum-zinc coated steel, lead-coated copper, terne, or powder-coated steel.
(6)
Garden walls, fences and hedges.
(a)
General requirements.
1.
Fences, garden walls, or hedges are permitted alongside yards, rear yards, and all property lines which abut public streets or alleys.
2.
Fences in the front yard shall not be 100% opaque and shall provide visible separation between the fence slats. Fences in a rear or side yard, at least 10 feet behind the principal facade of the primary structure, may be at a maximum 100% opaque.
(c)
Permitted configurations.
1.
Wood fences. Vertical picket fences or horizontal slat fences with corner posts, and split rail fences; privacy fences are permitted in the rear and side yard only, behind the principal facade of the primary structure.
2.
Metal fence. The fence shall be comprised of primarily vertical pickets with a minimum five-eighths-inch diameter, and four-inch maximum clear space between the pickets.
3.
Brick and stone.
(7)
Opacity and facades. The following applies to any buildings which are not single-family residential:
(a)
General requirements.
1.
Each floor of any principal building facade above the first floor facing a park, square or street shall contain windows covering from 15% to 60% of the principal facade area.
(b)
First or ground floor requirements of any principal facade.
1.
Commercial space, storefronts, office, institutional, and other nonresidential space shall have a minimum of 50% glass on the first or ground floor.
2.
Multifamily residential (three units and above and greater) space shall have a minimum of 30% glass on the first or ground floor.
3.
Two-family residential space shall have a minimum of 5% glass on the first or ground floor.
4.
The measurement for glass percentage on the first or ground floor shall be calculated at the pedestrian level between two feet and 12 feet above the sidewalk. For a building facade located outside of a build-to zone, the measurement for glass percentage on the first or ground floor shall be at the pedestrian level between two feet and 12 feet above the finished floor elevation (FFE).
5.
Doors or entrances for pedestrian access shall be provided at intervals no greater than 50 feet apart along the principal facade.
(c)
The front facade shall be varied so that every 100 feet the building pattern changes to give the impression of multiple, smaller buildings. This articulation shall be expressly approved by the Administrative Official. The Administrative Official has the right to refer any design to the full Planning Commission for review.
(8)
Outdoor display of merchandise is allowed under the following conditions only:
§ 4.11.9 Design standards for R-D Residential Downtown.
A.
Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote density near the downtown square while being respectful of the residential nature existing in this area.
B.
Applicability. The Residential Downtown District Design Standards apply to select parcels of land located within the boundaries of the R-D Zoning District as shown on the Official Lincoln Zoning Map.
C.
The Residential Downtown District Design Standards are applicable in the following instances:
(1)
If a conflict occurs between different standards, these standards shall supersede those design standards prescribed in Division 6.10, Design Standards for Large-Scale Developments, Small Site Plans, Duplexes, Triplexes, Quadplexes, and Multifamily Developments.
(2)
All new construction, additions or renovations shall comply with these standards regardless of whether the improvements require a permit; ordinary repairs and maintenance are not subject to these standards. Specifically, only the new construction or portions of the building that are being added or renovated shall comply with these standards.
(3)
Building designs that strictly comply with these standards are to be considered approved for matters of aesthetics and shall not require further discretionary review for architectural character or appearance.
(4)
Building designs that do not comply with these standards may be permitted by a variance after review and approval by the Planning Commission.
(5)
Building designs that are denied or approved by the Planning Commission may be appealed to the City Council.
D.
Building height, placement, and parking:
(1)
Buildings within this zone shall follow the Yard, Size, and Area Requirements Table found in Division 4.9.
(2)
Properties adjacent to existing, detached single-family residences shall have higher setback requirements except when the proposed structure is a detached single-family residence or duplex residence.
(a)
All new construction or additions that increase the existing building(s) footprint or volume of habitable space by 50% (after the effective date of this ordinance) or more shall comply with the standards herein, except when the structure is a detached single-family residence or duplex residence.
(b)
Building additions/expansions that increase the existing building(s) footprint or volume of habitable space on a property by less than 50% may adhere to the lesser setback requirements, so long as they are compliant with all other applicable zoning and development ordinances.
(3)
Parking shall be residential in nature, and no parking area in the front of the structure shall be intended for more than four vehicles. Additional parking for townhome, multifamily, and commercial shall be placed to the side or in the rear of the structure.
E.
Exterior architectural elements. The primary goal of the architectural elements is authenticity; the elements encourage construction that is straightforward and functional and draws its ornament and variety from the assembly of genuine materials. Items not listed in the architectural elements may be approved upon review by the Planning Commission.
(1)
Exterior prohibited materials. The following shall be prohibited on any buildings which are not detached single-family residential:
(a)
Undersized shutters. Shutters shall be sized so as to equal the width required to cover the window opening.
(b)
Shutters made of plastic.
(c)
Glass with reflective coatings other than clear glass with low-E coatings.
(d)
Plastic or PVC roof tiles.
(e)
Aluminum siding.
(f)
Vinyl siding.
(g)
Wood fiber board.
(h)
Unfinished pressure-treated wood.
(i)
EIFS (exterior insulation finish system) located on the first or ground floor.