Lincoln City Zoning Code
CHAPTER 11
5 Commercial Districts
§ 11-5-1 Purpose.
[1960 Code, Sec 12.08.050]
(A)
The purpose of the C-1 general retail district is to provide for a wide range of retail facilities and services of such a nature as to be fully compatible in the proximity they must enjoy in the central business district or in the neighborhood shopping areas.
(B)
The purpose of the C-2 service retail district is to provide for those retail businesses and services which require a location other than the central business district or the neighborhood business district, requiring either large tracts of land or a highway location.
§ 11-5-2 C-1 District, Uses.
[1960 Code § 12.08.051; amended Ord. 199, 3-18-1985; Ord. 317, 10-15-1990; 10-3-2022 by Ord. No. 2022-988; 5-1-2023 by Ord. No. 2023-1004]
The following uses shall be permitted in all C-1 districts: | |
Any use permitted in a residential district; individual mobile homes when located in an approved trailer park. | |
Accessory uses or buildings. | |
Automotive and related uses: new and used car sales, service and repair (providing such repairs are of a minor nature and totally contained within buildings), gasoline filling stations, motorcycle and bicycle shops, cab and bus stands and depots. | |
Business and advertising signs pertaining to the business on the property on which the sign is located; providing that: | |
(A) | Illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public ways, and |
(B) | That any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green or amber illumination. |
Business and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance and utility companies. | |
Community residential alternatives and community living facilities providing the following requirements are met: | |
(A) | The minimum lot area shall be 750 square feet per resident. |
(B) | The required off street parking shall be provided only in the rear and side yards. |
(C) | The facility shall be licensed or approved by the state agency. |
Food, drug and beverage: grocery stores, supermarkets, meat markets, drugstores and liquor stores, bakery in conjunction with retail sales, restaurants, tea rooms and taverns. | |
Major retail outlets: furniture, department, clothing, shoe and variety stores; hardware, appliance, paint and wallpaper stores. | |
Non-retail cannabis business establishment: craft growing facilities, infuser organization, processing organization, and transporting organizations as defined in Section 3-25-2. | |
Nursing homes. | |
Service and recreation: motels and hotels; laundromats; dry cleaning and laundry pick up stations; barber and beauty shops; shoe repair and tailor shops; mortuaries, newspaper publishing, indoor gun ranges, printing shops, with not more than 10 full time regular employees; storage and transfer establishments; places of amusement and assembly; commercial recreation. | |
Specialty shops: gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops, sporting goods. | |
§ 11-5-3 C-2 District, Uses.
[1960 Code § 12.08.052; amended Ord. 2014-820, 9-2-2014; 8-16-2021 by Ord. No. 2021-953]
The following uses shall apply in all C-2 districts:
Any use permitted in the residential districts including mobile homes and trailer parks as permitted in the C-1 district. | |
Any other use permitted in the C-1 district. | |
Accessory uses or buildings. | |
Building trades or equipment: building, concrete, electrical, masonry, sheet metal, plumbing and heating shops, building material establishments (providing no assembly, construction, millwork or concrete block manufacture is done on premises). | |
Business and advertising signs pertaining to the business on the property on which the sign is located providing that: | |
(A) | Illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the direct line of vision of any traffic control signal, and |
(B) | Signs shall not have flashing intermittent red, green or amber illumination. |
Heavy service and processing facilities: laundry and dry cleaning plants; linens, towel, diaper and similar supply services; animal pounds, kennels, and veterinary establishments; frozen food lockers; seed and food processing plants; dairies. | |
Medical cannabis dispensing organization and recreational adult-use cannabis dispensing organization. | |
Vehicle drive-in and heavy vehicle service: drive-in theaters, drive-in restaurants and refreshment stands; express, cartage and trucking facilities; large item machinery or bulk sales and storage not including outdoor unfenced storage. | |
§ 11-5-4 Lot Area, Width.
[1960 Code § 12.08.052]
(A)
Each residential use to be accommodated in the C-1 and C-2 commercial districts shall meet the minimum lot area and minimum lot width requirements of the R-2 residential district.
(B)
Each business use to be accommodated in the C-1 and C-2 commercial districts shall provide a minimum lot area of 2,500 square feet; no minimum lot width is required for business uses.
§ 11-5-5 Yards.
[1960 Code § 12.08.052]
(A)
Yards required in the C-1 district:
1.
Front Yard: No minimum yard required.
2.
Side Yard: No minimum yard required except lots adjoining a residential district shall provide a side yard on that adjoining side equal to that required in the adjoining residential district.
3.
Rear Yard: 20 feet. Where a rear lot line abuts an alley, 1/2 of the width of such alley may be considered in meeting the rear yard requirements.
§ 11-5-6 Off Street Parking.
[1960 Code § 12.08.052]
There shall be provided in C-1 and C-2 commercial districts off street parking and loading in accordance with Section 11-7-4 of this title.
§ 11-5-7 Special Uses In The C-1 And C-2 Districts.
[Ord. 585, 1-20-2004; Ord. 676, 6-16-2008; amended Ord. 2014-808, 5-19-2014]
(A)
C-1 and C-2 Districts:
Cabinet shops, and specialty arts and crafts assembly shops when all assembly and millwork is done inside a building and any noise, dust, fumes, or odors that may emanate from such uses shall be effectively contained inside a building. | |
Drive-through facilities. Drive-up or through facilities designed for transactions of business from customers' vehicles, and not otherwise permitted to serve any retail or business use permitted in the district, shall obtain a special use permit. In considering the issuance of a special use permit, the planning commission and the City Council shall consider the following, in addition to the other general standards for special uses in Section 11-2-4 of this title: | |
1. | Number Of Lanes: To minimize any negative impacts related to drive-through lanes or the potential for circulation conflicts, conflicts with vehicles entering or exiting the site, pedestrian conflicts, and the existing condition of relatively small commercial lot sizes located adjacent to a residential district, no more than one drive-through lane shall be permitted by special use permit in the C-1 or C-2 district where it abuts a residential district. |
2. | Sufficient Stacking Space: To establish safe stacking space, the following minimum stacking space required is: Four vehicles at each bay window, ordering station or machine and does not obstruct the public right of way or interfere with the ingress or egress to the property. |
3. | Location: Drive-through facilities shall be prohibited from facing a public street. All drive-through facilities shall be located on the side or rear of the structure that is either facing the site's parking area or internal drive aisle. |
4. | Interference: There shall be no interference with the operations of other businesses or residential uses in the proximity of the drive-up facility. |
5. | Other Matter Or Information: Any other matter or information determined to be relevant to the reasonableness of the proposed use. |
(B)
C-2 District:
Motor racing with restrictions as imposed by the planning commission of the City of Lincoln and the City Council of the City of Lincoln. |
(C)
Penalties: As part of the restrictions authorized by Subsection (B) of this section, the City Council of the City of Lincoln has established a curfew for motor racing if it is authorized as a special use in a C-2 district. In order to provide enforcement of said curfews, the following fines shall be established for any person, entity, business, or other operator conducting motor races pursuant to Subsection (B) of this section:
1.
Any person, entity, business, or other operator conducting any type of racing activities, including, but not limited to, track maintenance, motor car racing, motor car racing practice, demonstrations, courtesy laps, or any other activity, past the designated curfew, as set by the City Council, shall be fined as follows:
(a)
The sum of $1,000 if such activities are conducted after the designated curfew, but ending not more than 15 minutes thereafter.
(b)
The additional sum of $1,000 if such activities extend 16 minutes over the designated curfew, but less than 30 minutes after the designated curfew.
(c)
The additional sum of $1,000 for each and every 15 minute increment, or any part thereof, thereafter that such activities continue after the designated curfew.
2.
The fines herein set forth shall be assessed against any entity, business, or operator that has been authorized by way of a special use to conduct motor car racing in a C-2 district, as well as the individual owners, members, or shareholders of any such entities or businesses or against any individuals to whom a special use has been granted to conduct motor car racing in a C-2 district.