Lincoln City Zoning Code
ARTICLE III
Supplementary Regulations
Section 405.140 Special Use Permits.
[Ord. No. 161 §14, 10-5-1971; Ord. No. 172 §1, 2-5-1974; Ord. No. 238 §2, 4-9-1985]
A.
Any of the following uses may be located in any district by special use permit of the Board of Aldermen after public hearing and after recommendation of the Planning Commission, under such conditions as to operation, site development, parking, signs and time limit as may be deemed necessary in order that such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter. Such uses shall comply with the height and area regulations of the district in which they may be located, except that radio, television and microwave towers and drive-in theater screens may exceed said height regulations.
1.
Amusement parks, commercial baseball or athletic fields, racetracks, circuses, carnivals or fairgrounds.
2.
Aviation fields or airports.
3.
Cemeteries, mausoleums or crematories for the disposal of the human dead.
4.
Clubs, private.
5.
Drive-in theaters.
6.
Golf driving ranges, commercial or illuminated.
7.
Fishing and other water-oriented camps and resorts including sales of commodities and services customarily appurtenant to such uses.
8.
Gun clubs, skeet shoots or target ranges.
9.
Hospitals for the mentally incompetent or alcoholic or drug addicts or penal or correctional institutions.
10.
Mines or quarries, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials, provided however, that no special use permit shall be issued until and unless the locations, site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the City Commissioners after report from the Planning Commission, which permit shall be for a limited period of time not to exceed five (5) years.
11.
Nursery sales office, building or greenhouse (wholesale or retail).
12.
Radio, television and microwave towers.
13.
Real estate sales office.
14.
Refuse dumps.
15.
Reservoirs, wells, towers, filter beds or water supply plants.
16.
Riding stables and tracks.
17.
Sewage, refuse, garbage disposal plants or sanitary fills.
18.
Storage and sale of L.P. gas other than bulk plants.
19.
Swimming pools, commercial.
20.
Buildings, structures and premises for public utility services or public service corporations, which buildings or uses the Board of Aldermen, after report of the Planning Commission, deem reasonably necessary for public convenience or welfare.
21.
Mobile home sales.
Section 405.150 Non-Conforming Uses.
[Ord. No. 161 §15, 10-5-1971]
A.
Non-Conforming Uses Discontinued. All signs, billboards and lots used for storage that do not require a building, made non-conforming by this Chapter or amendments thereto shall be removed within two (2) years from the date of adoption of this Chapter or amendments thereto.
B.
Non-Conforming Uses Continued Or Changed. The lawful use of a building existing at the time of the effective date of this Chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of equal or higher classification. Whenever a non-conforming use has been changed to a use of higher classification or to a conforming use, such use shall not thereafter be changed to a non-conforming use of lower classification.
C.
Non-Conforming Use Due To Change In Zoning. Whenever the use of a building becomes non-conforming through an amendment to the zoning ordinance or Zoning District Map, such use may be continued and if no structural alterations are made, it may be changed to another non-conforming use of equal or higher classification.
D.
Non-Conforming Use Stopped Or Discontinued. In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) year, the use of the same shall thereafter conform to all regulations of the district in which it is located.
E.
Non-Conforming Use Enlarged. A non-conforming use of a building or a building containing a non-conforming use, except single-family dwellings, may not be enlarged, extended, reconstructed or altered unless such use is made to conform to the regulations of the district in which it is located, provided however, that in case of evident hardship a building containing a non-conforming use may be enlarged by variance from the Board of Adjustment after public hearing. A non-conforming use of a lot of record for storage purposes or for advertising signs, and which lot contains no buildings, shall not be extended, enlarged or expanded.
F.
Non-Conforming Use Destroyed Or Damaged. When a building containing a non-conforming use other than a dwelling is damaged by fire, explosion or other casualty, act of God or the public enemy to the extent of more than seventy-five percent (75%) of its reasonable value, exclusive of foundations, it shall not be restored, rebuilt or repaired unless it is made to conform to the regulations of the district in which it is located. If a building containing a non-conforming use is damaged by fire, explosion or other casualty, act of God or the public enemy to the extent of less than seventy-five percent (75%) of its reasonable value, it may be restored to its original size, provided such restoration is completed within twelve (12) months of the date of destruction and, further provided, that any necessary litigation shall not be counted as part of the twelve (12) months allowed for restoration.
Section 405.160 Height and Area Exceptions.
[Ord. No. 161 §16, 10-5-1971]
A.
The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements in the foregoing Sections of this Chapter shall be subject to the following exceptions and additional regulations.
1.
Height.
a.
In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.
b.
Dwellings in Districts "R-1" or "R-2" may be increased in height not exceeding ten (10) feet in addition to the limitations of two and one-half (2½) stories or thirty-five (35) feet as prescribed in such districts, provided that two (2) side yards of not less than twenty (20) feet in width, each, are provided. In no case shall such dwelling, however, exceed three (3) stories in height.
c.
Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles , chimneys, cooling towers, elevator bulkheads, penthouses, finials, tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter enacted laws affecting the same.
d.
On through lots one hundred twenty-five (125) feet or less in depth, the height of a building may be measured from the centerline level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than one hundred twenty-five (125) feet from that street.
2.
Area per family.
a.
On lots where a public or community sewer is not available, the Board of Adjustment may by variance reduce the minimum lot area per family after proof by established and approved percolation tests that the soil conditions on that lot will safely permit a smaller absorption area.
b.
For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non-housekeeping rooms bears to the total floor area devoted to both uses.
3.
Yard exceptions.
a.
In Districts "R-1" and "R-2", where lots comprising forty percent (40%) or more of the frontage, on the same side of a street between two (2) intersecting streets, (excluding reverse corner lots) are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided that the Board of Adjustment may permit a variance in case of hardship or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.
b.
Where an official line has been established for future widening or opening of a street or highway upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.
c.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses ornamental features and eaves, provided however, that none of the above projections shall extend into a court more than six (6) inches nor into a required yard more than thirty (30) inches and, provided further, that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard; and existing open porches extending into the required yard shall not be enclosed.
d.
An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a rear yard.
e.
In any district, a detached accessory building not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard.
f.
On any corner lot there shall be no planting, structure, fences or obstruction to vision more than three (3) feet higher than the street level within twenty-five (25) feet of the intersection of the street lines.
g.
No rear yard shall be required in Districts "C-1" to "M-2" inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
h.
In computing the depth of a rear yard for any residential building where such yard abuts an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard.
i.
A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
Section 405.170 Housing Projects.
[Ord. No. 161 §17, 10-5-1971]
A.
The owner or owners of any tract of land comprising an area of not less than three (3) acres in any district, except Districts "R-1", "M-1" or "M-2", may submit to the Planning Commission of the City of Lincoln a plan for the use and development of all of the tract of land for residential purposes and shall present specific evidence and facts showing whether or not the proposed plan meets the following conditions:
1.
Property adjacent to the area included in the plan will not be adversely affected.
2.
The plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals or general welfare.
3.
The buildings shall be used only for single-family dwellings, two-family dwellings or multiple-family dwellings and the usual accessory uses, such as garages, storage space or community or administrative activities.
4.
The average lot area contained in the site will not be less than two thousand (2,000) square feet per family.
5.
The buildings do not exceed two (2) stories in height.
B.
The plan need not provide for the customary street and lot layout or the normal application of the yard and area requirements to individual building units.
C.
If the Planning Commission and the Board of Aldermen approve the plans, after a public hearing thereon, building permits may be issued even though the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
Section 405.180 Off-Street Parking and Loading.
[Ord. No. 161 §18, 10-5-1971]
A.
For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, except those located in District "C-2", off-street parking in the form of private garages, carports or open areas made available exclusively for that purpose shall be provided. The parking area provided for each car space shall be at least eight and one-half (8.5) by twenty (20.0) feet plus the maneuvering space necessary to utilize each space. No portion of a parking area except the necessary drives shall extend into a public street or alley. Entrances to and exits from parking areas from a street shall be not greater than thirty-five (35) feet in width. Any lights used to illuminate said parking areas shall be directed away from any adjacent residential district.
1.
Parking for single- and two-family dwellings. For all single- and two-family dwellings there shall be provided two (2) off-street parking spaces for each family unit, such parking area to be located on the same lots as the main building or buildings or in a community garage in the same block.
2.
Parking for apartments, apartment hotels, hotels, clubs, motels and tourist courts. For all apartment houses and apartment hotels, there shall be provided two (2) off-street parking spaces in the side or rear yard for each family unit. For all hotels, clubs, motels and tourist courts, there shall be provided one (1) off-street parking space for each sleeping room. In addition, any restaurant which is an accessory use to any of the above uses shall provide one (1) off-street parking space for each four (4) patron seats in said restaurant. Such parking area shall be located on the same lot as the main building or on a lot within three hundred (300) feet either on land zoned for business or industry or by special use permit on land zoned for residence.
3.
Parking for hospitals and institutions. For all hospitals and institutions there shall be provided one (1) off-street parking space for each three (3) beds plus one (1) space for each two (2) staff members and employees. Penal institutions need only to provide parking for the staff and employees. Such parking area shall be located on the same lot as the main building or on a lot within three hundred (300) feet either on land zoned for business or industry or by special use permit on land zoned for residence.
4.
Parking for places of assembly. For all theaters, churches, funeral chapels, stadium and auditoriums there shall be provided one (1) off-street parking space for each four (4) patron seats used during a peak attendance period. Such parking area shall be located on the same lot as the main building or on a lot within three hundred (300) feet either on land zoned for business or industry or by special use permit on land zoned for residence.
5.
Parking for business buildings. For all business or commercial buildings, except those in a District "C-2", there shall be provided one (1) off-street parking space for each two hundred (200) square feet of service floor area in the building. Such parking area shall be located on the same lot as the main building or on a lot within three hundred (300) feet either on land zoned for business or industry or by special use permit on land zoned for residences.
6.
Parking for industrial buildings. For all industrial buildings there shall be provided one (1) off-street parking space for each two (2) employees. Such parking area shall be located on the same lot as the main building or within five hundred (500) feet either on land zoned for business or industry or by special use permit on land zoned for residence.
7.
Loading space for business and industry. Any business or industrial building, hospital, institution or hotel hereafter erected, constructed, reconstructed or altered in any district shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building in such a manner as not to obstruct freedom of traffic movement on the public streets, alleys or sidewalks.
B.
The Board may grant a variance reducing the number of spaces required above, provided that it is proven that such number of spaces required above is unnecessary for that specific use or that to provide such number of spaces required above would work undue hardship on the applicant.
C.
All parking areas and loading spaces required in paragraphs (2) to (7) inclusive above shall provide adequate surfacing and screening so as to emit no offensive dust, dirt, glare or noise or noxious gases, when such lot or space abuts a lot in Districts "R-1" or "R-2".
Section 405.190 Signs.
[Ord. No. 161 §19, 10-5-1971; Ord. No. 522 §1, 8-10-2009]
A.
Signs shall be permitted in all districts as follows:
1.
Districts "R-1" and "R-2".
a.
One (1) non-illuminated sign per building, not more than one (1) square foot in area, mounted flat against the building, indicating a permitted home occupation.
b.
In District "R-2" one (1) non-illuminated sign, not more than four (4) square feet in area, shall be permitted at each major entrance to an apartment building, provided such sign shall be attached flat against the wall of said building, projecting not more than three (3) inches therefrom and shall bear no advertising.
c.
One (1) non-illuminated "For Sale" or "For Rent" sign per lot, not more than eight (8) square feet in area.
d.
One (1) illuminated or non-illuminated sign per church, not more than sixteen (16) square feet in area on church premises, indicating activities and services therein provided.
e.
One (1) non-illuminated sign per building, not more than sixteen (16) square feet in area, showing names of architects, engineers, builders or contractors on the premises of a building being constructed, provided such sign shall be removed upon completion of the building.
2.
District "C-1" Local Business District. Signs limited to those listing name of or products, activities or services offered on the premises. Such signs shall comply with the height and yard regulations of the "C-1" District.
3.
Districts "C-2", "C-3", "M-1", "M-2". In Districts "C-2", "C-3", "M-1" and "M-2" signs of all types shall be permitted where otherwise permitted by ordinance, provided such signs shall comply with the height and yard regulations of the district in which they are located.
4.
Highway 65 corridor. In Districts "C-2", "C-3", "M-1" and "M-2" where the Highway 65 corridor dissects these zones: signs of all types shall be permitted, provided such signs shall comply with the yard setback regulations of the Missouri Department of Transportation easements in which they are located.
B.
All signs visible from any point beyond the lot line shall be subject to these regulations.
Section 405.200 Completion of Buildings.
[Ord. No. 161 §21, 10-5-1971]
A.
Nothing herein contained shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed at the time of the adoption of this Chapter and the remaining construction of which shall have been completed within one (1) year of the date of the adoption of this Chapter. In addition, any commercial or industrial building or structure, for which a permit has been approved by the City of Lincoln not more than twelve (12) months prior to the adoption of this Chapter, may be constructed according to the terms of that permit.
B.
The Board of Adjustment may, during a period of one (1) year from the date of the adoption of this Chapter and after public hearing, order the Building Inspector to issue a building permit for the erection, construction, reconstruction or alteration of a building or structure, which building or structure cannot reasonably comply with one (1) or more of the provisions of this Chapter, provided:
1.
A vested right in such building or structure has been acquired by the applicant and that the existence of such vested right be proven beyond reasonable doubt.
2.
A substantial amount of said vested right would be lost if all regulations of this Chapter were complied with.
3.
Said erection, construction, reconstruction or alteration be carried out diligently and be completed within one (1) year of the date of the building permit issued therefor.
Section 405.205 Zoning Regulations On Marijuana Related Businesses And Qualifying Customer Cultivation.
[Ord. No. 706, 5-8-2023]
A.
Prohibited Facilities. The following facilities shall not be located within the City limits of the City of Lincoln:
B.
Marijuana Dispensary Facility.
1.
Marijuana dispensary facilities shall be allowed within the City of Lincoln in the "C-3" Zoning District only.
2.
Marijuana dispensary facilities shall not be located within one thousand (1,000) feet of any school, child day-care center, church, public library or long-term care nursing facility.
3.
No marijuana dispensary facility shall take place within five hundred (500) feet of any residential zoning district or public park.
C.
Conformance With Regulations. All marijuana related uses shall conform to and meet all regulations established by the State and the City.
D.
Drive-through, take-out or drive-in service shall be allowed at any marijuana dispensary facility so long as all municipal, State and Federal regulations are followed.
E.
All marijuana dispensing operations shall be conducted within a completely enclosed building.
F.
Age And Access. It shall be unlawful for any marijuana dispensary facility to allow any person who is not at least twenty-one (21) years of age on the premises. Individuals must be at least twenty-one (21) years of age to purchase marijuana products from a marijuana dispensary facility.
G.
Odor Control And Ventilation.
1.
Dispensaries shall not emit any odor of marijuana which is capable of being smelled by a person of ordinary sense outside of the boundary of the building in which the facility is located.
H.
Security Of Facilities. All facilities shall be secured per current State of Missouri regulations but in no case shall these security measures negate any emergency egress requirements per the City's current adopted Editions of the International Building Code and International Fire Code.
I.
Residential Use Of Medical Marijuana.
1.
The smell or odor of marijuana being smoked, vaped or grown within the primary dwelling unit shall not be capable of being detected by a person of normal senses from any adjoining dwelling unit, adjoining lot, parcel or act of land not owned or rented by the primary residence, or from any adjoining right-of-way.
2.
Personal marijuana cultivation is allowed either inside or outside the home owner or home occupant's property so long as the cultivation remains located on the home owner or occupant's property and all municipal, State and Federal regulations are followed.
3.
The room, secondary or accessory structure, or outside parcel of property used to grow, cultivate or process marijuana shall be secured at all times and shall remain accessible only to the owner of the cultivated marijuana. The owner shall take all steps necessary to prevent access to the cultivated marijuana be any individual under the age of twenty-one (21).
4.
No chemical or gas shall be used to extract or enhance tetrahydrocannabinol (THC) from the marijuana that is grown.
5.
The room, secondary or accessory structure used to grow, cultivate or process marijuana shall meet all applicable requirements of the City of Lincoln currently adopted Building Codes.
6.
Any outside cultivation of marijuana within the City shall abide by all municipal, State and Federal regulations, and shall be minimally intrusive to all adjoining neighbors or landowners.
J.
Violations. Violations of this Section are punishable under the Codes of the City of Lincoln, with a maximum fine of five hundred dollars ($500.00) and up to ninety (90) days in jail.