Lincoln City Zoning Code
CHAPTER 11
4 Residence Districts
§ 11-4-1 Purpose.
[1960 Code, Sec. 12.08.040]
The purpose of the residence districts is to provide in and about Lincoln an area for residential uses and those public and semipublic uses normally considered an integral part of the residential neighborhood they serve. The purpose of the recreational resort area is to permit and encourage the recreational and residential reuse of quarried lands.
§ 11-4-2 Uses Permitted, All Residence Districts.
[1960 Code § 12.08.041; amended 1975 Code; Ord. 116, 2-2-1981; Ord. 164, 4-2-1984; Ord. 199, 3-18-1985; Ord. 709, 3-1-2010]
The following uses are permitted in all residential zones subject to the following conditions:
Boarding houses. The taking of boarders or leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed four in any one-family or two-family dwelling, or two per dwelling unit in any multiple-dwelling. |
Cemeteries, provided the location thereof is approved by resolution of the City Council after public hearing held and recommendation made by the planning commission. |
Churches or similar places of worship, parish house, convents, where the principal building is located at least 50 feet from any other lot in any RR or R-1 residential district or 25 feet from any lot in any R-2 residence district. |
Daycare homes and foster family homes. |
Existing railroad rights of way, providing that there is no switching, storage, freight yards or sidings. |
Home occupations as defined in Section 11-2-1 of this title. |
Municipal, state or federal administrative or service buildings, and hospitals, where the principal building is located at least 25 feet from any other lot in any residence district. |
Nurseries, truck gardening and the raising of farm crops, but not the raising of poultry, commercial pet or livestock raising, and provided further that no building shall be erected or maintained on the property which is used for the sole purpose of selling the products grown or raised. |
Permanent type swimming pools with a water depth of three feet or more; provided they meet the requirements of setbacks for accessory buildings and provided they are adequately protected by a fence and gate at least three feet in height. |
Public libraries, public museums and public art galleries, where the principal building is located at least 25 feet from any other lot in any residence district. |
Public parks, playgrounds and community centers, provided that any buildings shall be located at least 25 feet from any other lot in any residence district. |
Public, parochial and private schools, daycare centers and nurseries, where the principal building is located at least 25 feet from any other lot in any residence district. |
Signs: |
Unlighted real estate sign advertising the sale or rent of the land or buildings upon which it is located. Such sign shall not exceed 10 square feet in area, and shall be distant from the street line not less than one-half of the front yard depth. |
One sign or bulletin board not exceeding 16 square feet in area in connection with churches or public buildings. |
Nonconforming business use signs constructed after the passage of this title shall not exceed six square feet in area. |
Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Accessory buildings shall not be constructed before the principal building. Accessory buildings may be located on the same lot with the principal building; provided, not nearer than three feet to any wall thereof; and provided, not violating the location limitations of Chapter 7 of this title. No part of any accessory building may be used for residence purposes, except that domestic employees of the owner, lessee or occupants of the principal building, and the family of the employee may have quarters in such accessory building. No accessory building shall exceed 18 feet in height. No required front yard shall be used for the open air parking or storage of motor vehicles, trailers, boats or other personal property. |
Any building used as a residence shall contain on the ground floor at least 600 square feet of livable floor space. |
§ 11-4-3 RR District, Uses.
[1960 Code § 12.08.042]
The following uses shall be permitted in the RR district:
Extraction of sand and gravel. |
One- and two-family dwellings. |
Swimming, boating, fishing, campground area, and incidental uses related thereto. |
§ 11-4-4 R-1 And R-2 Districts, Uses.
[Ord. 2014-808, 5-19-2014]
The following uses shall be permitted in the R-1 and R-2 districts:
(A)
In The R-1 District:
1.
Permitted Uses:
Community integrated living arrangement, providing the following requirements are met: | |
(a) | The minimum lot area shall be 1,000 square feet per resident. |
(b) | The required off street parking spaces shall be complied with and may include parking in a garage or a driveway designated exclusively for such community integrated living arrangement located on the lot of such community integrated living arrangement. |
(c) | The facility shall be licensed or approved by the appropriate state agency. |
(d) | The facility shall not be closer than 400 feet to any other community integrated living arrangement or intermediate care facility. |
One- and two-family dwellings. | |
2.
Special Uses:
Horse stable, private; provided that: | |
(a) | No horse shall be kept, stabled or maintained on any zoning lot in the R-1 residential district with an area of less than 10 acres. |
(b) | One horse per every 1 1/2 acres of pasture and a maximum of six horses may be kept, housed or boarded on the property. |
(c) | No stable or paddock building shall be placed within 300 feet of any residence building on contiguous or neighboring zoning lots. |
(d) | No stable or paddock building shall be placed in the front yard of the property, nor within 15 feet of any property line. |
(e) | No stable building or paddock building shall be placed within 50 feet of the principal residence building. |
(f) | Stables and paddocks shall not be placed in any location on any zoning lot until it is affirmatively found and certified by the Building and Safety Official that the use by horses of a stable on any proposed location will not contaminate any water supply used for human consumption, and that such proposed location will not allow offensive or noxious animal waste solids or liquids to leach, drain or run over the surface of any contiguous or neighboring zoning lots. |
(g) | Excrement produced by the horses shall be removed from the property no less than once per week, unless composted on site in a contained compost system. |
(h) | No business activities may be conducted on the premises other than the housing, boarding, grooming, training, exercising and caring for the permitted number of horses. |
(B)
In The R-2 District:
1.
Permitted Uses:
Any use permitted in an R-1 district. |
"Bed and breakfast establishment" as defined by the bed and breakfast ordinance of the City of Lincoln so long as the bed and breakfast establishment complies with all requirements of the bed and breakfast ordinance of the City of Lincoln found at Title 3, Chapter 18 of this Code. |
2.
Special Uses:
Cave homes, basement homes, and other innovative designs for one- and two-family dwellings. |
Community integrated living arrangements which do not comply fully with all requirements defined in Subsection (A) of this section. |
Intermediate care facilities which fully comply with all requirements defined for community integrated living arrangement in Subsection (A) of this section. |
Multiple dwellings and public housing for the elderly; office buildings to house doctors, dentists, psychiatrists, chiropractors and other medical practitioners, mortuaries, insurance and real estate agents, lawyers, architects, and engineers. Required off street parking shall be provided as required in Chapter 7 of this title and shall be screened from adjacent residences by an opaque fence or opaque vegetative screen at least six feet in height. No off street parking is permitted in the required front yard(s). |
§ 11-4-5 Floor Area; Lot Area, Width.
[1960 Code § 12.08.042; amended Ord. 34, 8-18-1975; Ord. 201, 7-15-1985; Ord. 317, 10-15-1990; Ord. 551, 9-16-2001]
(A)
Floor Area Ratio: Floor area ratio for one- and two-family dwelling units shall not exceed 0.5; for multiple-family dwelling units, not to exceed 0.7.
(B)
Required Lot Area And Widths:
Type | Minimum Lot Area Per Family (square feet) | Minimum Lot Width Per Structure (feet) |
|---|---|---|
In RR and R-1 districts: | ||
Single-family dwelling with public sanitary sewer1 | 7,500 | 60 |
With no public sanitary sewer | 20,000 | 100 |
Two-family dwelling with public sanitary sewer | 4,500 per family (9,000 per two-family dwelling) | 75 per two-family lot |
With no public sanitary sewer | 15,000 per family (30,000 per two-family dwelling) | 125 per two-family lot |
In the R-2 district: | ||
Single-family dwelling | 5,000 | 50 |
Two-family dwelling | 3,000 | 50 |
Multiple-family dwelling; 1,2 or more bedroom units | 2,500 | 50 |
Rooming or lodging house | 1,500 | 50 |
Public housing for elderly | 2,000 | 50 |
Intermediate care facility and community integrated living arrangement | 1,000 (per resident) | 50 |
Note: | |
1. | Sewage treatment on an individual lot basis (such as individual septic tanks) shall not be interpreted as public sanitary sewer in this table. |
§ 11-4-6 Yards.
[1960 Code, Sec. 12.08.042]
Yards of the following minimum depths shall be provided:
(A)
Front Yard: Not less than 25 feet unless the dwelling unit is constructed in an established district in which case the front yard depth shall be the same as the building immediately adjacent (within 120 feet) to either side of the proposed building structure; providing, however, that in no case will a front yard of more than 40 feet be required. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot, except that the buildable width of such lot shall not be reduced to less than 32 feet. No accessory building shall project beyond the front yard line on either street. In any existing or future subdivision where the recorded plat indicates a front yard setback line of at least 25 feet, no building shall be required to set back a further distance regardless of the actual setbacks of existing adjacent buildings.
(B)
Side Yards: Each not less than five feet wide, except in lots of record less than 45 feet in width in which case the side yards shall be not less than three feet.
(C)
Rear Yards: Twenty feet or 20% of the lot, whichever is less.
§ 11-4-7 Off Street Parking.
[1960 Code, Sec. 12.08.042]
Adequate off street parking shall be in accordance with Section 11-7-4 of this title.
§ 11-4-8 R-3 District, Residential Planned Unit Development.
[1960 Code, Sec. 12.08.042; Ord. 108, 4-21-1980]
The residential planned unit development district is an optional zoning district which permits developers freedom in the design, layout and use of building types on any parcel of land of five acres or more in size; where the developer agrees to develop the property in accordance with a specific site plan; and where the submission of the zoning request is processed simultaneously with the request for subdivision of the property.
Such developments may consist of individual lots, and/or common building sites and may permit the mixture of building types. Common open space reservation or dedication for recreational, aesthetic or buffering purposes shall be considered an essential and major element of the plan. In certain cases where the corporate authorities of the City deem it appropriate to the proper development of the project, commercial and office facilities may be integrated into the plan.
(A)
Permitted Uses:
Any use permitted in the residential districts. |
Dwelling units of all types including apartments, duplexes, townhouses, patio houses and single-family dwellings, excluding mobile homes. |
(B)
General Regulations:
1.
The layout design, including considerations of safety, convenience, or overall environmental quality should be an improvement over what would normally be allowed by a strict application of the zone requirements of this section.
2.
The plan will not adversely affect adjacent property or interfere with the proper development of adjacent properties. In absence of an appropriate physical barrier, the Plan Commission may require that the least intense land use or a buffer of open space or screening be arranged along the border of the project.
3.
All open space not contained as a portion of a designated development lot shall have provisions made for its maintenance in the form of owners' agreements or dedications to appropriate public agencies.
4.
The development is consistent with the intent and purpose of both the City zoning and subdivision titles, and that all variances from the strict regulations thereof be shown on the face of the plat. The development makes provisions for or promotes the aims of all official plans of the City.
5.
The plan will not create any greater maintenance burden to the City for streets, utilities, sidewalks and other necessary facilities than would be expected for a conventional development.
(C)
Density Provisions:
1.
High Density Residential Planned Unit Development: In any urban renewal area and public housing site as designated by the City, density standards as established up to 20 units per acre; five acre minimum.
2.
Moderate Density Residential Planned Unit Development. Standards as established allows a development density of four to 10 units per acre; 30 acre minimum.
Two district densities ranges provide the basis for determining the number of units which can be contained in each planned unit development. The exact maximum density within either density range for a specific site will be established after recommendations by the planning and engineering advisors to the City determine the optimum density in relation to slope, soil, surficial geology as well as streets, public utilities, and other public facilities to provide service to the site.
(D)
Bulk Regulations: The spacing of buildings in the planned unit development shall be related to the character of the site and the height of the buildings and provide adequate separation as not to impinge upon the privacy of adjacent buildings. Special bulk requirements for all or a portion of the development may be established by the ordinance and zoning committee of the City after a public hearing.
(E)
Open Space Requirements: The corporate authorities of the City shall not approve a planned residential development unless it complies with the following open space standards:
1.
The owner shall make provisions of land for open space, recreation or community facilities needed in the area. This shall be not less than 5% of the total land area of the site. All open space not contained as a designated lot shall have provisions made for its maintenance in the form of an owner's agreement of reserving the land by an option to purchase between the developer and a public agency.
2.
Common open space must be suitably improved for its intended uses. Such areas containing natural features, existing trees and ground cover, worthy of preservation, may be left unimproved. The buildings, structures and improvements permitted in the common open space shall be those which conserve and enhance the amenities and usefulness of the open space.
3.
The use and improvements of the common open space shall be planned in relation to any existing or proposed public or semipublic open space which adjoins or which is within 1,500 feet of the perimeter of the planned unit development.
(F)
Parking, Lighting, Signs And Screening Regulations: The following regulations shall govern the parking, lighting, signs and screening within planned unit developments:
1.
All signs within a planned unit development shall be of such a size and lighting intensity to be considered appropriate within the residential development and shall be approved by the ordinance and zoning committee of the City before their erection.
2.
All lighting of parking lots, and streets shall be such as to not cause glare into residential areas.
3.
All utilities within the planned unit development shall be placed underground.
4.
Common parking provided for three or more dwelling units shall be visibly screened by evergreen type vegetation or a fence at least four feet in height.
(G)
Procedures: Zoning on a residential planned unit development shall be processed in three stages: 1) development plan; 2) preliminary subdivision plat; and 3) final subdivision plat.
1.
Development Plan: The development plan shall be the plan on which the official public hearings are held concerning the site. Such a plan shall show the location of all street rights of way, all boundary lines, major streets adjoining the property, approximate dimensions of residential buildings, parking lots, open space and community facilities. The planning commission shall conduct a public hearing on the development plan as outlined in Section 11-2-4 of this title and shall forward a written report recommending the plan for approval, or approval with modifications, or disapproval to the City Council, and if approved, shall in a general manner establish the use and location of all facilities to be used on the property. The City Council upon receipt of the findings of the planning commission shall approve or disapprove the request to rezone the property to R-3.
2.
Preliminary Subdivision Plat: Once the subdivider has received approval of the development plan he shall then submit a detailed engineering plan showing how the property is to be developed for any part of or all of the land covered in the development plan. Minor modifications in the size or type of residential buildings from the development plan may be made without another public hearing, provided that the changes will not affect the overall density of the area and not substantially affect the streets or open space to be provided by the project.
3.
Final Plat: Upon approval of the preliminary plat the developer shall then submit a final plat which will be used to record the transfer of land title and to be used as the official document by which the City will grant permits for the property. The corporate authorities shall not deny any final plat which is in accordance with the approved preliminary plat.
The City corporate authorities shall not deny for reasons other than engineering any preliminary plat which is substantially in accordance with subdivision plat procedures as established in this section.