Lincoln City Zoning Code

ARTICLE 17

ADDITIONAL HEIGHT AND AREA REGULATIONS

The district regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this resolution.

17.001

Public, semi-public, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and places of religious assembly may be erected to a height not exceeding seventy five (75) feet, if the building is setback from each yard at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district which the building is located. (Resolution No. R-17-0040, May 30, 2017)

17.003

Barns, chimneys, cooling towers, meteorological towers, elevator bulkheads, fire towers, grain elevators, and storage structures, monuments, ornamental towers, silos, spires, stacks, stage towers of scenery lofts, tanks, water towers, and WECS over the district height are exempt from the height regulations as contained herein.

Noncommercial antenna towers for amateur radio and satellite dish antennas are permitted to be up to sixty-five (65) feet in height.

SECS and WECS are permitted accessory uses associated with a primary use on the premises in all zoning districts provided they are in conformance with the provisions of Article 17 and any other applicable regulations of this Resolution and have a rated capacity of twenty-five (25) kilowatts (kW) (ac) or less.

SECS and WECS that are part of the main structure shall comply with the applicable district’s height, front, side, and rear yard requirements of the main structure.
SECS and WECS that are not part of the main structure shall comply with the height, front, side, and rear yard requirements applicable to accessory buildings as described in Section 17.005 of this Resolution.
Accessory SECS and WECS located on top of a building are exempt from the height regulations as contained herein.

(Resolution No. 3744A, October 5, 1982; Resolution R-08-0090, Approved October 15, 2008; Resolution No. R-17-0040, May 30, 2017; Resolution No. R-20-0037, July 14, 2020; Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0022, 04/11/2023).

17.005.

Accessory buildings may be built in a required rear yard, except as otherwise provided in this resolution, but such accessory buildings shall not occupy more than thirty (30) percent of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line except, that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the main building. The garage shall be regarded as part of the main building for the purpose of determining side and rear yards and the distance back from the front property line. (Resolution No. 3740, August 31, 1982)

Maximum and expanded maximum cumulative allowable area for all accessory buildings are as set out in Table 1 below. The applicable maximum cumulative allowable area may be increased up to the expanded maximum allowable area as provided in Table 1 Notes 1-4 below:

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

(Resolution No. R-16-0076, November 30, 2016; Resolution No. R-17-0040, May 30, 2017)

17.007

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes. (Resolution No. 99-1385, July 27, 1999)

17.009

Every part of a required yard shall be open to the sky, unobstructed by any structure, except as hereto for permitted or by any vehicle or motor vehicle except:

Fences;
Accessory buildings in a rear yard;
Projection of sills, belt courses, cornices and ornamental features, which are not to exceed twelve (12) inches;
Parking of a motor vehicle and vehicles in the rear yard and that part of the side yard to the rear of the front yard, provided that such use of such motor vehicle or vehicles shall be accessory to the main use of the premises.

17.011

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

17.013

Open-lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Superintendent of the Codes Administration for a distance of not more than three and one-half (3 ½) feet where the same are so placed as not to obstruct light and ventilation.

17.015

An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.

17.017

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.

17.019

For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying lot.

17.021

Temporary buildings and uses that are used in conjunction with construction work only may be permitted in any district during the period of construction, but such temporary buildings shall be removed upon completion of the construction work.

Temporary paving plants used for the paving of federal or state highways or county roads are permitted in any zoning district during the project construction period under the following conditions:

The paving plant shall be located on property abutting the specific project and having access to a paved road.
Authorization of a temporary paving plant does not allow for the hauling of paving product to any other location than the abutting property.
The boundaries of the property used for the paving plant shall be located no closer than three hundred (300) feet from an occupied dwelling or from any school, place of religious assembly, library, early childhood care facility, hospital, motel, park, farmstead or livestock facility.
The operator of the paving plant shall require its suppliers to use paved roads or other designated truck routes approved by the County Engineer for the delivery of supplies to the paving plant.
The paving plant shall be removed upon substantial completion of the construction project. (Resolution No. R-17-0040, May 30, 2017)

17.023

Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) primary building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located. A lot or tract in the AG District (2) acres or more may have one additional primary building or use but shall be limited to one (1) singe-family dwelling per lot. (Resolution No. R-22-0022, March 22, 2022).

17.025

No side yards are required where dwelling units are erected above commercial and industrial structures.

17.027

The front yards heretofore established shall be adjusted in the following cases:

Where forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is developed with two (2) or more buildings that have (with a variation of five [5] feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line;
Where forty (40) percent or more of the frontage on the side of a street between two intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
1. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
2. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

17.029 Enlargement and Alteration of Lots.

Any lot or premises which does not meet the area, width or frontage requirements or any combination thereof, of the districts in which it is situated may be enlarged without affecting the purposes for which it may be used; provided that such enlargement does not result in the creation of an additional lot which does not conform to the applicable area, width or frontage requirements of this code. (Resolution No. 3568, March 10, 1981)

In the "AG" or "AGR" zoning districts, two (2) or more adjoining lots, all of which do not meet the area, width or frontage requirements, or any combination thereof, of the district in which they are situated, may alter their common lot lines without affecting the purposes for which they may be used, provided:

1.
That such alteration does not result in the creation of a lot which does not meet the minimum standards for water and sanitary sewage disposal systems as required by applicable state, county and city regulations; and
2.
That such alteration meets all requirements of the County Land Subdivision Resolution. (Resolution 3678, March 2, 1982)
3.
That the newly created lots in the AG or AGR zoning districts shall have a required front yard, side yard and rear yard that conforms to Section 4.017(c) or Section 5.015(c) and (d) respectively; except that in the AG zoning district, the required side yard shall not be less than 10% of the lot width or fifteen (15) feet, whichever is greater. (Resolution R-07-0027, May 8, 2007; Resolution No. R-18-0078, November 20, 2018)

In those instances where a governmental agency acquires land for the purposes of road right-of-way from lots which were:

1.
Legally existing on the effective date of this title; or
2.
Lawfully created after the effective date of this section. (Resolution No. 5009, July 6, 1993)

The acquisition of said right-of-way shall not affect the status of said lot as a buildable lot with respect to minimum lot area, width or frontage requirements of this title provided thereafter:

1. 1.
  That all new construction, enlargements, extensions or conversions of any buildings, structures, or uses including open land uses shall comply with all applicable provisions of this title, unless adjusted by the Board of Zoning Appeals pursuant to ARTICLE 19.
2. 2.
  That those lots located in "AG" or "AGR" districts, contain a minimum of one (1) acre and have an average lot width of one hundred fifty (150) feet.
3. 3.
  That those lots located in the "R" Residential districts contain a lot area of four thousand (4,000) square feet and an average lot width of forty (40) feet. (Resolution No. 4658, July 10, 1990)

17.030

Those airfield and airports not included in ARTICLE 18, shall have the responsibility for meeting proper clearances over utility lines, poles, towers and structures which are presently located in the path of an airfield runway.

17.031 Buildings, Places of Religious Assembly, Height of

In all districts where places of religious assembly are allowed, the main place of religious assembly building including place of religious assembly steeples, towers and ornamental spires, used for the conduct of worship or religious services, may exceed the district height limit by the addition of one foot for each foot that such building is set back from all required yards. (Resolution No. 5408, November 19, 1996; Resolution No. R-17-0040, May 30, 2017; )

Lincoln City Zoning Code

ARTICLE 17

ADDITIONAL HEIGHT AND AREA REGULATIONS

The district regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this resolution.

17.001

17.003

Noncommercial antenna towers for amateur radio and satellite dish antennas are permitted to be up to sixty-five (65) feet in height.

SECS and WECS that are part of the main structure shall comply with the applicable district’s height, front, side, and rear yard requirements of the main structure.
SECS and WECS that are not part of the main structure shall comply with the height, front, side, and rear yard requirements applicable to accessory buildings as described in Section 17.005 of this Resolution.
Accessory SECS and WECS located on top of a building are exempt from the height regulations as contained herein.

17.005.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

(Resolution No. R-16-0076, November 30, 2016; Resolution No. R-17-0040, May 30, 2017)

17.007

17.009

Every part of a required yard shall be open to the sky, unobstructed by any structure, except as hereto for permitted or by any vehicle or motor vehicle except:

Fences;
Accessory buildings in a rear yard;
Projection of sills, belt courses, cornices and ornamental features, which are not to exceed twelve (12) inches;
Parking of a motor vehicle and vehicles in the rear yard and that part of the side yard to the rear of the front yard, provided that such use of such motor vehicle or vehicles shall be accessory to the main use of the premises.

17.011

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

17.013

17.015

17.017

17.019

For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying lot.

17.021

Temporary paving plants used for the paving of federal or state highways or county roads are permitted in any zoning district during the project construction period under the following conditions:

The paving plant shall be located on property abutting the specific project and having access to a paved road.
Authorization of a temporary paving plant does not allow for the hauling of paving product to any other location than the abutting property.
The boundaries of the property used for the paving plant shall be located no closer than three hundred (300) feet from an occupied dwelling or from any school, place of religious assembly, library, early childhood care facility, hospital, motel, park, farmstead or livestock facility.
The operator of the paving plant shall require its suppliers to use paved roads or other designated truck routes approved by the County Engineer for the delivery of supplies to the paving plant.
The paving plant shall be removed upon substantial completion of the construction project. (Resolution No. R-17-0040, May 30, 2017)

17.023

17.025

No side yards are required where dwelling units are erected above commercial and industrial structures.

17.027

The front yards heretofore established shall be adjusted in the following cases:

Where forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is developed with two (2) or more buildings that have (with a variation of five [5] feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line;
Where forty (40) percent or more of the frontage on the side of a street between two intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
1. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
2. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

17.029 Enlargement and Alteration of Lots.

1.
That such alteration does not result in the creation of a lot which does not meet the minimum standards for water and sanitary sewage disposal systems as required by applicable state, county and city regulations; and
2.
That such alteration meets all requirements of the County Land Subdivision Resolution. (Resolution 3678, March 2, 1982)
3.
That the newly created lots in the AG or AGR zoning districts shall have a required front yard, side yard and rear yard that conforms to Section 4.017(c) or Section 5.015(c) and (d) respectively; except that in the AG zoning district, the required side yard shall not be less than 10% of the lot width or fifteen (15) feet, whichever is greater. (Resolution R-07-0027, May 8, 2007; Resolution No. R-18-0078, November 20, 2018)

In those instances where a governmental agency acquires land for the purposes of road right-of-way from lots which were:

1.
Legally existing on the effective date of this title; or
2.
Lawfully created after the effective date of this section. (Resolution No. 5009, July 6, 1993)

The acquisition of said right-of-way shall not affect the status of said lot as a buildable lot with respect to minimum lot area, width or frontage requirements of this title provided thereafter:

1. 1.
  That all new construction, enlargements, extensions or conversions of any buildings, structures, or uses including open land uses shall comply with all applicable provisions of this title, unless adjusted by the Board of Zoning Appeals pursuant to ARTICLE 19.
2. 2.
  That those lots located in "AG" or "AGR" districts, contain a minimum of one (1) acre and have an average lot width of one hundred fifty (150) feet.
3. 3.
  That those lots located in the "R" Residential districts contain a lot area of four thousand (4,000) square feet and an average lot width of forty (40) feet. (Resolution No. 4658, July 10, 1990)

17.030 17.031 Buildings, Places of Religious Assembly, Height of

Lincoln City Zoning Code

ARTICLE 17

ADDITIONAL HEIGHT AND AREA REGULATIONS

The district regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this resolution.

17.001

17.003

Noncommercial antenna towers for amateur radio and satellite dish antennas are permitted to be up to sixty-five (65) feet in height.

SECS and WECS that are part of the main structure shall comply with the applicable district’s height, front, side, and rear yard requirements of the main structure.
SECS and WECS that are not part of the main structure shall comply with the height, front, side, and rear yard requirements applicable to accessory buildings as described in Section 17.005 of this Resolution.
Accessory SECS and WECS located on top of a building are exempt from the height regulations as contained herein.

17.005.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

Table 1 Maximum and Expanded Maximum* Cumulative Allowable Area for Accessory Buildings on Single Family or Two Family Residential Lots or Tracts
* Expanded Maximum applies only in accordance with the applicable Note # below (e.g. 1)
Lot or Tract Size
		less than 7,500 sq. ft.	7,500 sq. ft. to less than 20,000 sq. ft.	20,000 sq. ft. to less than 1 acre	1 acre or more
R Accessory Building sq. ft.	Maximum	1,000	1,500	2,000	2,000
R Accessory Building sq. ft.	Expanded Maximum	1,500¹	3,000²	3,000²	5,000³
		less than 1 acre	1 acre to less than 2 acres	2 acres to less than 4 acres	4 acres to less than 10 acres	10 acres or more
AGR Accessory Building sq. ft.	Maximum	2,000	2,000	2,000	2,000	2,000
AGR Accessory Building sq. ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum⁴
AG Accessory Building sq.ft.	Maximum	2,000	2,000	2,000	2,000	No maximum
AG Accessory Building sq.ft.	Expanded Maximum	3,000²	6,000⁴	8,000⁴	20,000⁴	No maximum
Notes: In the R zoning districts, for lots or tracts less than 7,500 square feet in size, the maximum cumulative square footage of all accessory buildings may be increased up to the above expanded maximum square feet provided: Total square footage for all accessory buildings does not exceed the total square footage, excluding basement, of the main building; and The total square footage for all accessory buildings does not exceed a cumulative total of 400 square feet in the side, rear and front yard setbacks. In the R zoning districts for lots or tracts 7,500 square feet to less than 1 acres in size and in AG and AGR zoning districts for lots or tracts less than 1 acre in size, the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided: The total square footage for all accessory buildings shall not exceed the total square footage, excluding basement, of the main building; The total square footage for all accessory buildings does not exceed a cumulative 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the R zoning districts, for lots or tracts of 1 acre or larger in size , the maximum cumulative square footage for all accessory buildings may be increased up to the above expanded maximum square feet provided; The total square footage for all accessory buildings does not exceed a cumulative total of 250 square feet in the side, rear and front yard setbacks; and Any individual accessory building over 250 square feet in area must be located outside of the side, rear and front yard setbacks. In the AG zoning district for lots and tracts 1 acre to less than 10 acres and in the AGR zoning district for lots or tracts 1 acre or greater, the maximum cumulative square footage for all accessory buildings may be increased to the above expanded maximum square feet, provided that the total square footage of all accessory buildings does not exceed a cumulative total of 2,000 square feet in the side and rear setbacks.

(Resolution No. R-16-0076, November 30, 2016; Resolution No. R-17-0040, May 30, 2017)

17.007

17.009

Every part of a required yard shall be open to the sky, unobstructed by any structure, except as hereto for permitted or by any vehicle or motor vehicle except:

Fences;
Accessory buildings in a rear yard;
Projection of sills, belt courses, cornices and ornamental features, which are not to exceed twelve (12) inches;
Parking of a motor vehicle and vehicles in the rear yard and that part of the side yard to the rear of the front yard, provided that such use of such motor vehicle or vehicles shall be accessory to the main use of the premises.

17.011

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

17.013

17.015

17.017

17.019

For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying lot.

17.021

Temporary paving plants used for the paving of federal or state highways or county roads are permitted in any zoning district during the project construction period under the following conditions:

The paving plant shall be located on property abutting the specific project and having access to a paved road.
Authorization of a temporary paving plant does not allow for the hauling of paving product to any other location than the abutting property.
The boundaries of the property used for the paving plant shall be located no closer than three hundred (300) feet from an occupied dwelling or from any school, place of religious assembly, library, early childhood care facility, hospital, motel, park, farmstead or livestock facility.
The operator of the paving plant shall require its suppliers to use paved roads or other designated truck routes approved by the County Engineer for the delivery of supplies to the paving plant.
The paving plant shall be removed upon substantial completion of the construction project. (Resolution No. R-17-0040, May 30, 2017)

17.023

17.025

No side yards are required where dwelling units are erected above commercial and industrial structures.

17.027

The front yards heretofore established shall be adjusted in the following cases:

Where forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is developed with two (2) or more buildings that have (with a variation of five [5] feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line;
Where forty (40) percent or more of the frontage on the side of a street between two intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
1. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
2. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

17.029 Enlargement and Alteration of Lots.

1.
That such alteration does not result in the creation of a lot which does not meet the minimum standards for water and sanitary sewage disposal systems as required by applicable state, county and city regulations; and
2.
That such alteration meets all requirements of the County Land Subdivision Resolution. (Resolution 3678, March 2, 1982)
3.
That the newly created lots in the AG or AGR zoning districts shall have a required front yard, side yard and rear yard that conforms to Section 4.017(c) or Section 5.015(c) and (d) respectively; except that in the AG zoning district, the required side yard shall not be less than 10% of the lot width or fifteen (15) feet, whichever is greater. (Resolution R-07-0027, May 8, 2007; Resolution No. R-18-0078, November 20, 2018)

In those instances where a governmental agency acquires land for the purposes of road right-of-way from lots which were:

1.
Legally existing on the effective date of this title; or
2.
Lawfully created after the effective date of this section. (Resolution No. 5009, July 6, 1993)

The acquisition of said right-of-way shall not affect the status of said lot as a buildable lot with respect to minimum lot area, width or frontage requirements of this title provided thereafter:

1. 1.
  That all new construction, enlargements, extensions or conversions of any buildings, structures, or uses including open land uses shall comply with all applicable provisions of this title, unless adjusted by the Board of Zoning Appeals pursuant to ARTICLE 19.
2. 2.
  That those lots located in "AG" or "AGR" districts, contain a minimum of one (1) acre and have an average lot width of one hundred fifty (150) feet.
3. 3.
  That those lots located in the "R" Residential districts contain a lot area of four thousand (4,000) square feet and an average lot width of forty (40) feet. (Resolution No. 4658, July 10, 1990)