[1960 Code § 12.08.010; amended Ord. 35, 8-18-1975; Ord. 79, 5-1978; Ord. 108, 4-21-1980; Ord. 164, 4-2-1984; Ord. 199, 3-18-1985; Ord. 259, 9-6-1988; Ord. 317, 10-15-1990; Ord. 402, 8-7-1995; Ord. 551, 9-16-2001; Ord. 2014-820, 9-2-2014; Ord. 2015-838, 9-21-2015]
For the purpose of this title certain terms or words used herein shall be interpreted or defined as follows:
The singular number includes the plural. The word "person" includes a corporation as well as an individual. The word "lot" includes the word "plot" or "parcel". The term "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied".
ACCESSORY USE OR BUILDINGA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or buildings.
AGRICULTURAL USES, BONA FIDEThe growing of crops in the open, raising of stock and poultry, forestry, mushroom growing, flower gardening, operation of apiaries and aviaries, nurseries, orchards, fur farms, roadside stands, signs and billboards, relating to the sale or use of products produced thereon, and necessary structures and farm dwellings for such uses.
ALTERATIONSAs applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing height; or the moving from one location or position to another.
BOARDING HOUSEA building other than a hotel where meals, or lodging and meals, are provided for compensation pursuant to previous arrangement.
BUILDINGA structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures on wheels or other supports used for residential business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. For the purpose of this definition "roof" includes an awning or other similar covering whether or not permanent in nature.
BUILDING, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which the building is situated.
COMMUNITY INTEGRATED LIVING ARRANGEMENTA group home for eight or fewer developmentally disabled or mentally ill adults who are unable to live independently but are capable of community living if provided with an appropriate level of supervision, assistance, and support services. A community integrated living arrangement may provide training and guidance to residents in the skills of daily living and shall provide opportunities for participation in community activities. A community integrated living arrangement shall not be a medical or nursing facility and excludes facilities for the treatment of drugs, alcohol, and chemical dependency, criminal offenders in work release and parole/probation halfway houses.
COVERAGEThat percentage of the plot or lot area covered by the building area.
DAYCARE CENTERAny childcare facility which regularly provides daycare for less than 24 hours per day for: a) more than eight children in a family home, or b) more than three children in a facility other than a family home. This term shall not apply to those programs excluded under the Illinois childcare act, as amended.
DAYCARE HOMEFamily home which receives more than three up to a maximum of eight children for less than 24 hours per day. The maximum of eight children includes the family's natural or adopted children and all other persons under the age of 14 years.
DWELLING UNITA dwelling or portion thereof providing complete living facilities for one family, but not to include trailer coaches or mobile homes.
(A) DWELLING, SINGLE-FAMILYA permanent building, separate and freestanding, in itself providing living accommodations for one family.
FAMILYA group of one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five persons, as distinguished from a group occupying a "boarding house" or "hotel", as defined in this section.
FENCEA man-made structure, which is constructed for the purpose of or has the effect of enclosing or screening in the area it is constructed upon.
FENCE MATERIAL, UNACCEPTABLEMaterials such as cinder block, plank lumber over six inches in width, scrap lumber, scrap materials, pallet lumber, plastic pipe, "chicken wire mesh" (except as allowed around a planted vegetable garden, as seasonally required), square wire farm fence, fabric, burlap, plastic or canvas tarp and wood and plastic snowfencing.
FENCE, OPEN or OPEN FENCEA fence including gates, which has over its entirety, no less than 50% of the surface area in open space. Examples include, but are not limited to: chainlink, wrought iron, picket and split rail.
FENCE, SOLID or SOLID FENCEA fence which is not open over 50% of the surface area. Examples include, but are not limited to: stockade, board and batten, chainlink with woven slat inserts and brick.
FLOOR AREA RATIO (FAR)The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.
FLOOR AREA, GROSS(A) For the purpose of determining floor area ratio, the gross floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, "gross floor area" includes:
1. Basement space, if at least 1/2 of the basement story height is above the average level of the finished grade;
2. Elevator shafts and stairwells at each floor;
3. Attic floor space, provided there is structural headroom of more than 7 1/2 feet;
4. Interior balconies and mezzanines;
6. Accessory uses other than floor space devoted exclusively to accessory off street parking or loading.
(B) "Gross floor area" for the purpose of determining floor area ratio, however, shall not include:
1. Floor space devoted exclusively to accessory off street parking or loading;
2. Basement space where more than 1/2 the basement story height is below the average level of the finished grade;
3. Elevator and stair bulkheads, water tanks and cooling towers;
4. Attic floor space where structural headroom is 7 1/2 feet or less;
5. Floor space used for mechanical equipment where structural headroom is 7 1/2 feet or less;
6. Terraces, breezeways and open porches.
FOSTER CARE HOMESA facility for childcare in residences of families who receive no more than eight children unrelated to them, unless all the children are of common parentage, for the purpose of providing family care and training on a full time basis. The family's own children, under 18 years of age, shall be included in determining the maximum number of children served.
GARAGE, PRIVATEAn accessory building housing not more than four motor vehicles for the use of the occupants of the lot on which the private garage is located, or for the use of not more than one nonresident, pursuant to previous arrangement, and not to transients, and at which automobile fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold.
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, selling or equipping of automobiles or other motor vehicles.
GRADEThe average, undisturbed elevation of the finished surface of the ground adjoining the exterior walls of a building or structure prior to excavation or construction operations.
HOME OCCUPATIONAny use conducted entirely within a dwelling by the occupant of the dwelling and as a secondary use which is clearly incidental to the use of the dwelling for residential purposes. Such a use shall employ not more than one person outside the family residents in dwelling, have not more than 25% of its total floor area used for nonresidential purposes, and produce no offensive noise, vibration, smoke, dust, heat or glare, and have a sign no greater than one square foot in residence districts and six square feet in agricultural districts. A home occupation, however, shall not include the conduct of any retail or wholesale business or manufacture.
HOSPITALOne or more buildings or structures primarily devoted to the rendering of health, medical, and nursing care to persons on an inpatient basis, and which provide facilities and services of a scope and type customarily provided by hospitals, which may include facilities for intensive care and self-care; clinics and outpatient facilities; clinical, pathological, and other laboratories; healthcare research facilities; laundries; training facilities for nurses, interns, physicians, and other staff members; food preparation and food service facilities; administration, central service and other administrative facilities; medical office facilities owned and operated by the hospital for physicians who are members of the hospital staff and health group; and other general hospital facilities. This definition shall not be construed to include facilities and structures owned by the hospital but leased as nonstaff offices and not directly operated by the hospital.
HOTELA building in which lodging or boarding and lodging are provided and offered to the general public for compensation and in which ingress and egress to and from all rooms is made through a central lobby or office supervised by a person in charge at all hours. A hotel may include a restaurant, cocktail lounge, public banquet halls, ballrooms, or meeting rooms.
INTERMEDIATE CARE FACILITYA transitional residential setting which provides guidance, supervision, training, and other assistance to ambulatory, mildly and moderately developmentally disabled or mentally ill adults, with the goal of eventually moving these persons to more independent living arrangements. Residents are required to participate in day activities, such as vocational training, sheltered workshops, or regular employment. An intermediate care facility shall not be a nursing or medical facility and shall house no more than five residents, excluding staff. An intermediate care facility shall not include facilities for the treatment of drugs, alcohol, or chemical dependency, criminal offenders in work release or parole and probation halfway houses.
LOTA portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.
MEDICAL CANNABIS CULTIVATION CENTERA facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis, per the compassionate use of medical cannabis pilot program act, enacted by the state of Illinois, effective January 1, 2014, as may be amended from time to time.
MEDICAL CANNABIS DISPENSING ORGANIZATIONA facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, per the compassionate use of medical cannabis pilot program act, enacted by the state of Illinois, effective January 1, 2014, as may be amended from time to time.
MOTELA building or a group of detached, semidetached or attached buildings containing guestrooms or dwelling units each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. Motels do not include hotels, boarding houses or trailer courts.
NONCONFORMING STRUCTUREA structure lawfully existing at the time of adoption of this title, or any amendment thereto, and which does not conform to the regulations of the district in which it is located.
NONCONFORMING USEA use which is a lawfully occupied structure or land at the time of adoption of this title, or any amendment thereto, and which does not conform with the regulations of the district in which it is located. For the purposes of this title, any use lawfully established on the effective date hereof, which is nonconforming solely by virtue of lacking off street parking or loading facilities as required hereafter for new uses, shall not be deemed a nonconforming use.
PARKING SPACEAn all weather surfaced area within the lot lines, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile. For purposes of interpreting this provision, a parking space shall be deemed to be not less than 180 square feet.
SERVICE STATIONAny building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuel or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
SHOPPING CENTERA congregation of shopping facilities usually on a commonly owned lot. Normally the center contains from three to 10 stores with a supermarket as its focal point or in a larger center, a junior department store.
SPECIAL USEUse of such variable nature as to make control by rigid preregulations impractical. After receiving a report and recommendation of the planning commission relative to the impact of such development upon neighboring land and of the public need for the particular use at the particular location, and after a duly published hearing before the City planning commission, such "special use" may be granted by the City Council.
Special uses are those uses which cannot be adequately controlled by simple preregulation through rigid dimensional and use standards. Special uses are those which require individual review by the Lincoln planning commission to assure conformance with the intent of all comprehensive plan elements.
(A) Residential planned unit development R-3: A desirable but unconventional residential land development on land over five acres, that is imaginatively designed to fit local site conditions and provide improved living environments.
(B) Special residential development in residential district: The granting of special exceptions for small development under five acres where there exists widespread topographical or other natural conditions, or irregular shaped lots, which would make conventional developments as permitted by strict interpretation of this zoning title difficult, resulting either in a hardship to the developer or an undesirable situation in regard to public interest.
(C) Planned commercial shopping centers in C-2 districts: Shopping centers are of such size and nature as to often result in major overloads to transportation or utility systems and thus require careful planning and/or special conditions to prevent congestion or major improvement obligations. In all cases such development shall provide all necessary provisions to protect the value and general living environments of surrounding residential developments.
(D) Multi-family units and offices in the R-2 district.
(E) Specific uses in the I-2 district.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTUREA combination of materials, other than a building, to form a construction that is safe and stable and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.
TRAILER COACH, MOBILE HOMEA movable or portable unit designed and constructed to be transported, comprised of a frame and/or wheels and so designed to be connected to utilities for a year round occupancy and provide complete independent living facilities including provisions for cooking, sleeping and sanitation. The term includes units containing parts that may be collapsed or telescoped when being transported and then expanded to provide additional cubic capacity, and units composed of two or more separately transportable components designed to be joined into an integral unit capable of being separated again into components for repeated transporting. Removal of wheels, towing devices or any other alteration does not qualify a mobile home as a conventional single-family dwelling unless such alterations enable the unit to meet the building code as adopted by the City of Lincoln.
TRAILER COURTThe premises upon which one or more occupied trailer coaches is located.
YARD, FRONTAn open, unoccupied space on the same lot with the main building situated between the front lot line and the required building setback line, extending the full width of the lot. In residence districts, the required front yard and the space situated between the minimum front setback line and the front line of the building extended the full width of the lot shall not be used for the parking or storage of trailers, boats or other personal property, excluding therefrom vehicles used to transport persons for their day to day activities which must be parked on an all weather surfaced driveway-accessway to the required parking space(s). Required parking space(s) shall be located behind the minimum front setback line and the front line of the building. If the requirement for an all weather surfaced driveway-accessway leading to the required parking space(s) has been met, an additional width of driveway-accessway up to 12 feet may be constructed. However, the total driveway width shall not exceed 24 feet at the property or right of way line. A semicircular driveway shall be permitted in the front yard of a lot, provided that the minimum width of the lot shall be 70 feet and the minimum setback from the front lot line to the inside of the driveway curb line at its farthest point from the front lot line is a minimum of 25 feet.
YARD, REARAn open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot, or the centerline of the alley, if there is an alley, and the rear line of the building.
YARD, SIDEAn open unoccupied space on the same lot with a main building situated between the side line of the building and adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot, and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.