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Lincoln City Zoning Code

ARTICLE 3

DISTRICTS AND BOUNDARIES

3.001

In order to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the location and use of buildings, structures, and land for trade, industry, residence, and size of the yards, courts, and other open spaces, the density of population, and/or other purposes, the unincorporated portions of the county are hereby divided into districts as follows:

 "AG" AGRICULTURAL DISTRICT
 "AGR" AGRICULTURAL RESIDENTIAL DISTRICT
 "R" RESIDENTIAL DISTRICT
 "B" BUSINESS DISTRICT
 "I" INDUSTRIAL DISTRICT
  FLOOD PLAIN DISTRICT

3.003.

The boundaries of the districts are shown upon the maps which are attached hereto and made a part of this resolution, which maps are designated as the Lancaster County Zoning district maps. Other maps referenced in Section 11.001 of this resolution are also made apart hereof for the purpose of designating the boundaries of a district. That part of the maps designating the different districts and their boundaries and that part of the legend designating the letter symbol for each district are a part of this resolution and have the same force and effect as if the district maps and that part of the legend referred to above were all fully set forth herein. Other notations and references are for information only. (Resolution No. 3666, January 26, 1982)

3.005. Interpretation of District Boundaries.

  • A district name or letter symbol shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter symbol extend throughout the whole area in the unincorporated portions of the county bounded by the district boundary lines within which such name or letter symbol is shown or indicated, except as otherwise provided by this section.
  • Where uncertainty exists with respect to the boundaries of the various districts as shown on the maps accompanying and made a part of this resolution, the following rules shall apply:
    1. In cases where a boundary line is given a position within a street or alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the district map, then the actual location shall control.
    2. In cases where a boundary line is shown as being located a specific distance from a street line or other physical features, this distance shall control.
    3. In cases where a boundary line is shown adjoining or coincidental with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated mainline track.
    4. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the maps accompanying and made a part of this resolution are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the maps or by resolution.
    5. In unsubdivided property, unless otherwise indicated, the district boundary line on the maps accompanying and made a part of this resolution shall be determined by the use of the scale contained on such maps.

    • 3.007

    All territory which may hereafter become a part of the unincorporated area of Lancaster County by the disincorporation of any village, town, or city, or for some other reason may fall within the zoning jurisdiction of Lancaster County, shall automatically be classified in the "AG" District until within a reasonable time following disincorporation, or acquisition of zoning jurisdiction, the territory shall be appropriately classified by resolution in accordance with Article 22.003 of this resolution.

    3.009

    Whenever any street, alley, county road, or other public way is vacated by official action of the board of County Commissioners, the zoning district adjoining each side of such street, alley, county road or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

    3.011 Extraterritorial Jurisdictions

    The districts referred to in ARTICLE 3 shall apply to all unincorporated areas of the entire County except all of the area laying between the Corporate limits of any city of the Primary Class in the County of Lancaster and three miles distance therefrom all areas laying between the corporate limits of a city of the first class and two miles distance therefrom, and all of the area laying between the corporate limits of a village or city of the second class and one mile distance therefrom unless otherwise adopted by Ordinance of those villages and cities. (Resolution No. R-13-0043, July 30, 2013)

    3.013. Except as hereinafter provided:

  • No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located;
  • No building shall be erected, converted, enlarged, reconstructed or structurally altered in conformity with the area and parking regulations of the district in which the building is located;
  • No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area and parking regulations of the district in which the building is located;
  • The minimum yards and other open spaces, including lot area per family, required by this resolution for each and every building at the time of passage of this resolution or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other buildings, nor shall any lot area be reduced beyond the district requirements of this resolution;
  • Every building hereafter erected or structurally altered shall be located on a buildable lot as herein defined and in no case shall there be more than one (1) main building on one (1) buildable lot except as otherwise provided herein in ARTICLE 15 and 17;
  • Nothing contained in these regulations shall prevent the use of any land for farming or agricultural purposes, nor shall any construction or occupancy permit be required for any accessory building located on a farmstead and used for the usual farming purposes except as provided in the flood plain regulations as outlined in ARTICLE 11. (Resolution No. R-17-0040, May 30, 2017)
  • All inhabited mobile homes shall be located in a mobile home court; in a campground in which a mobile home shall be used only for conducting the business of the campground and may also be used as a dwelling for the campground manager; in a private recreational area, or on a farmstead in which the inhabitants of the mobile home are substantially involved in the operation of the farm, except as permitted by Sections 4.005, 5.005 and 6.005, and ARTICLE 13 of this resolution. Only mobile homes permitted by this resolution and uninhabited mobile homes offered for sale by dealers and manufacturers shall be connected to utilities. Any vehicle, with or without motive power, designed for living quarters, must comply with the provisions of this resolution. No mobile home shall be used for any purpose other than a dwelling, except a mobile home may be used as a temporary office or shelter incidental to construction or development of the premises on which the mobile home is located during the construction or development. (Resolution No. 3777, January 18, 1983; Resolution No. 4213, August 5, 1986)
  • For purposes of paragraphs f and g above, the following shall be considered to determine the inhabitants' involvement in the operation of the farm: percentage of income from farm, percentage of time spent farming, members of the family farming, proprietary interest in real or personal farm property or farm produce, future interest in farm, and expenditures in the farming operation. (Resolution No. R-17-0040, May 30, 2017; Resolution No. 3668, February 2, 1982)