Lincoln City Zoning Code

ARTICLE 6

"R" RESIDENTIAL DISTRICT

This district is intended to provide a small town residential area of relatively low residential density. This district provides for single-family, two-family and multiple residential uses plus support facilities.

6.001. Scope of Regulations

The regulations set forth in this Article or set forth elsewhere in this resolution when referred to in this Article, are the district regulations in the "R" Residential District.

6.003. Use Regulations

A building or premises shall be used only for the following purposes:

Farms and Farmsteads;
Single-family dwellings;
Two-family dwellings;
Multiple dwellings
Public parks and playgrounds;
Public libraries;
Public schools, elementary and high, or private schools having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes;
Places of Religious Assembly; (Resolution No. R-17-0040, May 30, 2017);
Golf courses, except miniature courses and driving tees;
Accessory buildings and accessory uses, customarily incidental to the above uses (not involving the conduct of a business), including a private garage, home occupations, the use of a lot or portion thereof for a vegetable or flower garden and the keeping of small animals and fowl, but not on a commercial basis or on a scale reasonably objectionable to adjacent property owners. Accessory uses shall also include public building bulletin boards and temporary signs not exceeding ten (10) square feet in area, pertaining to the lease, hire or sale of a building or premises, and places of religious assembly bulletin boards not exceeding twenty (20) square feet in area;
Wind energy conversion systems (WECS); (Resolution R-08-0090, Approved October 15, 2008); and
Recreation facility. (Resolution No. R-17-0040, May 30, 2017).

6.004 Permitted Conditional Regulations

A building or premises may be used for the following purposes in the “R” Residential District in conformance with the conditions prescribed herein:

a. Group homes:
1. Group homes shall comply with all parking, sign, height and area regulations of the district and all provisions of the County Building Code.
2. The distance between the proposed use and any existing group home measured from lot line to lot line is not less than one-half (½) mile.
3. Such use shall be permitted only so long as the facility continues to be validly licensed by the State of Nebraska.
Early childhood care facilities under the following conditions:
1. No more than a maximum of fifteen (15) children shall be present in the facility at any time.
2. Such facility shall be used as the permanent residence of the licensed child care provider.
3. If the facility is located in a mobile home, the facility shall have a severe weather emergency action plan approved by the Health Department.
Mobile Homes:
1. The mobile home has:
  1. No less than an eight hundred (800) square foot floor area excluding garages.
  2. No less than an eighteen (18) foot exterior width.
  3. A three (3) inch in twelve (12) inch pitched roof or steeper.
  4. A non-reflective exterior siding material which is or simulates wood, stucco, or masonry.
  5. A non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock.
  6. Permanent connections to permanently located utilities complying with plumbing codes and electrical codes.
  7. A certificate stating the construction complies with the Federal Department of Housing and Urban Development's mobile home construction and safety standards.
  8. The mobile home's longest exterior dimension is less than three (3) times the most narrow exterior dimension.
2. The towing bar and hitch, wheels and tires, and axles are removed.
3. The mobile home's exterior siding extends to the ground and is supported to withstand wind loads as set forth in the building code or the foundation forms a complete enclosure under the exterior walls. The space beneath the mobile home shall be properly ventilated.
4. The mobile home is securely and permanently attached to a permanent foundation complying with the building code.
5. The mobile home's placement is inspected and complies with this resolution before the mobile home is occupied. (Resolution No. 3777, January 18, 1983) (Resolution No. R-22-0022, March 22, 2022)

(Note: Early childhood care facilities with sixteen (16) or more children and early childhood care facilities with fifteen (15) or fewer children not meeting the specified conditions for the above permitted conditional use may be allowed upon approval of a special permit.) (Resolution No. R-18-0078, November 20, 2018).

6.005. Permitted Special Uses

A building or premises may be used for the following purposes in the "R" Residential district if a special permit for such use has been obtained in conformance with the requirements of ARTICLE 13.

Expansion of non-conforming use;
Historical preservation;
Academies, Private Schools, or Post-Secondary Education Facilities; (Resolution No. R-17-0040, May 30, 2017)
Reserved; (Resolution No. R-17-0040, May 30, 2017).
Community unit plans;
Health Care Facilities, Residential; (Resolution No. R-17-0040, May 30, 2017).
Wind energy conversion systems over the district height; (Resolution R-08-0090, Approved October 15, 2008; Resolution No. 3744A, October 5, 1982).
Dwellings for Members of Religious Orders; (Resolution No. R-17-0040, May 30, 2017);
Flood Plain Construction; (Resolution No. R-17-0040, May 30, 2017);
Broadcast Towers; (Resolution No. R-17-0040, May 30, 2017);
Personal Wireless Services Facility; (Resolution No. R-17-0040, May 30, 2017)
Early Childhood Care Facilities. (Resolution No. R-18-0078, November 20, 2018)
Small Solar Facility. (Resolution No. R-20-0037, July 14, 2020)

(Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0022, 04/11/2023)

6.007. Use Regulations

An accessory building that is not a part of the main structure shall be located not less than sixty (60) feet from the front lot line.

6.009. Parking Regulations

Whenever a structure is erected, converted or structurally altered for a dwelling, there shall be provided accessible parking space on the lot to accommodate one (1) automobile for each dwelling unit. Any place of religious assembly that is on a new site shall provide off-street parking space upon the lot or within two hundred (200) feet thereof, which space is adequate to accommodate one (1) car for every fifty (50) square feet for which seating provided in the largest meeting hall of the places of religious assembly, exclusive of the seating capacity of other rooms. (Resolution No. R-17-0040, May 30, 2017)

6.011. Height Regulations

No building shall exceed two and one-half (2-1/2) stories nor shall it exceed thirty-five (35) feet in height except as provided in ARTICLE 15 and 17 hereof.

6.013. Sign Regulations

Signs within the "R" Residential District shall be regulated in conformance with the provisions of ARTICLE 16.

6.015. Area Regulations.

Front yard:

There shall be a front yard having a depth of not less than thirty (30) feet except as provided in ARTICLE 17 hereof.
Where lots have a double frontage, the required front yard shall be provided on both streets.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a buildable lot at the time of the passage of this resolution need not be reduced to less than thirty five (35) feet, except where necessary to provide a yard along the side street with a depth not less than five (5) feet. No accessory building shall project beyond the front yard line on either street and the front yard line shall be separately computed for accessory buildings except that the buildable width for accessory buildings shall not be reduced to less than twenty two (22) feet.

Side yard:

Except as hereinafter provided in the following paragraph and in ARTICLE 17, there shall be a side yard on each side of a building, having a width of not less than ten (10) feet.
Wherever a buildable lot at the time of passage of this resolution has a width less than required in the district, the side yard on each side of a building may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall it be less than four (4) feet.

Rear yard: Except as hereinafter provided in ARTICLE 17, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty (20) percent of the depth of the lot, whichever amount is smaller;

Intensity of use: Minimum buildable lot areas and buildable lot widths for dwellings shall be provided as follows:

Single-family dwellings	9,000 square feet
Two-family dwellings	14,000 square feet
Multiple dwelling, provided other applicable adopted standards and resolutions are met, i.e., percolation tests for septic fields;	14,000 square feet
	5,000 square feet for each family over two

The minimum lot width shall be sixty (60) feet.
A buildable lot containing less area or width than herein required may be used for single family purposes, provided its boundary lines along their entire length touched lands under other ownership on the effective date of this resolution and have not since been changed.
Accessory buildings not a part of the main structure, if located not less than sixty (60) feet from the front lot line, may extend into the required side yard though not nearer than two (2) feet to the side lot line. A garage which is entered from an alley shall not be located closer than ten (10) feet to the alley line. (Resolution No. 3657, December 22, 1981)

Lincoln City Zoning Code

ARTICLE 6

"R" RESIDENTIAL DISTRICT

6.001. Scope of Regulations

The regulations set forth in this Article or set forth elsewhere in this resolution when referred to in this Article, are the district regulations in the "R" Residential District.

6.003. Use Regulations

A building or premises shall be used only for the following purposes:

Farms and Farmsteads;
Single-family dwellings;
Two-family dwellings;
Multiple dwellings
Public parks and playgrounds;
Public libraries;
Public schools, elementary and high, or private schools having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes;
Places of Religious Assembly; (Resolution No. R-17-0040, May 30, 2017);
Golf courses, except miniature courses and driving tees;
Accessory buildings and accessory uses, customarily incidental to the above uses (not involving the conduct of a business), including a private garage, home occupations, the use of a lot or portion thereof for a vegetable or flower garden and the keeping of small animals and fowl, but not on a commercial basis or on a scale reasonably objectionable to adjacent property owners. Accessory uses shall also include public building bulletin boards and temporary signs not exceeding ten (10) square feet in area, pertaining to the lease, hire or sale of a building or premises, and places of religious assembly bulletin boards not exceeding twenty (20) square feet in area;
Wind energy conversion systems (WECS); (Resolution R-08-0090, Approved October 15, 2008); and
Recreation facility. (Resolution No. R-17-0040, May 30, 2017).

6.004 Permitted Conditional Regulations

A building or premises may be used for the following purposes in the “R” Residential District in conformance with the conditions prescribed herein:

a. Group homes:
1. Group homes shall comply with all parking, sign, height and area regulations of the district and all provisions of the County Building Code.
2. The distance between the proposed use and any existing group home measured from lot line to lot line is not less than one-half (½) mile.
3. Such use shall be permitted only so long as the facility continues to be validly licensed by the State of Nebraska.
Early childhood care facilities under the following conditions:
1. No more than a maximum of fifteen (15) children shall be present in the facility at any time.
2. Such facility shall be used as the permanent residence of the licensed child care provider.
3. If the facility is located in a mobile home, the facility shall have a severe weather emergency action plan approved by the Health Department.
Mobile Homes:
1. The mobile home has:
  1. No less than an eight hundred (800) square foot floor area excluding garages.
  2. No less than an eighteen (18) foot exterior width.
  3. A three (3) inch in twelve (12) inch pitched roof or steeper.
  4. A non-reflective exterior siding material which is or simulates wood, stucco, or masonry.
  5. A non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock.
  6. Permanent connections to permanently located utilities complying with plumbing codes and electrical codes.
  7. A certificate stating the construction complies with the Federal Department of Housing and Urban Development's mobile home construction and safety standards.
  8. The mobile home's longest exterior dimension is less than three (3) times the most narrow exterior dimension.
2. The towing bar and hitch, wheels and tires, and axles are removed.
3. The mobile home's exterior siding extends to the ground and is supported to withstand wind loads as set forth in the building code or the foundation forms a complete enclosure under the exterior walls. The space beneath the mobile home shall be properly ventilated.
4. The mobile home is securely and permanently attached to a permanent foundation complying with the building code.
5. The mobile home's placement is inspected and complies with this resolution before the mobile home is occupied. (Resolution No. 3777, January 18, 1983) (Resolution No. R-22-0022, March 22, 2022)

6.005. Permitted Special Uses

A building or premises may be used for the following purposes in the "R" Residential district if a special permit for such use has been obtained in conformance with the requirements of ARTICLE 13.

Expansion of non-conforming use;
Historical preservation;
Academies, Private Schools, or Post-Secondary Education Facilities; (Resolution No. R-17-0040, May 30, 2017)
Reserved; (Resolution No. R-17-0040, May 30, 2017).
Community unit plans;
Health Care Facilities, Residential; (Resolution No. R-17-0040, May 30, 2017).
Wind energy conversion systems over the district height; (Resolution R-08-0090, Approved October 15, 2008; Resolution No. 3744A, October 5, 1982).
Dwellings for Members of Religious Orders; (Resolution No. R-17-0040, May 30, 2017);
Flood Plain Construction; (Resolution No. R-17-0040, May 30, 2017);
Broadcast Towers; (Resolution No. R-17-0040, May 30, 2017);
Personal Wireless Services Facility; (Resolution No. R-17-0040, May 30, 2017)
Early Childhood Care Facilities. (Resolution No. R-18-0078, November 20, 2018)
Small Solar Facility. (Resolution No. R-20-0037, July 14, 2020)

(Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0022, 04/11/2023)

6.007. Use Regulations

An accessory building that is not a part of the main structure shall be located not less than sixty (60) feet from the front lot line.

6.009. Parking Regulations

6.011. Height Regulations

No building shall exceed two and one-half (2-1/2) stories nor shall it exceed thirty-five (35) feet in height except as provided in ARTICLE 15 and 17 hereof.

6.013. Sign Regulations

Signs within the "R" Residential District shall be regulated in conformance with the provisions of ARTICLE 16.

6.015. Area Regulations.

Front yard:

There shall be a front yard having a depth of not less than thirty (30) feet except as provided in ARTICLE 17 hereof.
Where lots have a double frontage, the required front yard shall be provided on both streets.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a buildable lot at the time of the passage of this resolution need not be reduced to less than thirty five (35) feet, except where necessary to provide a yard along the side street with a depth not less than five (5) feet. No accessory building shall project beyond the front yard line on either street and the front yard line shall be separately computed for accessory buildings except that the buildable width for accessory buildings shall not be reduced to less than twenty two (22) feet.

Side yard:

Except as hereinafter provided in the following paragraph and in ARTICLE 17, there shall be a side yard on each side of a building, having a width of not less than ten (10) feet.
Wherever a buildable lot at the time of passage of this resolution has a width less than required in the district, the side yard on each side of a building may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall it be less than four (4) feet.

Intensity of use: Minimum buildable lot areas and buildable lot widths for dwellings shall be provided as follows:

Single-family dwellings	9,000 square feet
Two-family dwellings	14,000 square feet
Multiple dwelling, provided other applicable adopted standards and resolutions are met, i.e., percolation tests for septic fields;	14,000 square feet
	5,000 square feet for each family over two

The minimum lot width shall be sixty (60) feet.
A buildable lot containing less area or width than herein required may be used for single family purposes, provided its boundary lines along their entire length touched lands under other ownership on the effective date of this resolution and have not since been changed.
Accessory buildings not a part of the main structure, if located not less than sixty (60) feet from the front lot line, may extend into the required side yard though not nearer than two (2) feet to the side lot line. A garage which is entered from an alley shall not be located closer than ten (10) feet to the alley line. (Resolution No. 3657, December 22, 1981)

Lincoln City Zoning Code

ARTICLE 6

"R" RESIDENTIAL DISTRICT

6.001. Scope of Regulations

The regulations set forth in this Article or set forth elsewhere in this resolution when referred to in this Article, are the district regulations in the "R" Residential District.

6.003. Use Regulations

A building or premises shall be used only for the following purposes:

Farms and Farmsteads;
Single-family dwellings;
Two-family dwellings;
Multiple dwellings
Public parks and playgrounds;
Public libraries;
Public schools, elementary and high, or private schools having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes;
Places of Religious Assembly; (Resolution No. R-17-0040, May 30, 2017);
Golf courses, except miniature courses and driving tees;
Accessory buildings and accessory uses, customarily incidental to the above uses (not involving the conduct of a business), including a private garage, home occupations, the use of a lot or portion thereof for a vegetable or flower garden and the keeping of small animals and fowl, but not on a commercial basis or on a scale reasonably objectionable to adjacent property owners. Accessory uses shall also include public building bulletin boards and temporary signs not exceeding ten (10) square feet in area, pertaining to the lease, hire or sale of a building or premises, and places of religious assembly bulletin boards not exceeding twenty (20) square feet in area;
Wind energy conversion systems (WECS); (Resolution R-08-0090, Approved October 15, 2008); and
Recreation facility. (Resolution No. R-17-0040, May 30, 2017).

6.004 Permitted Conditional Regulations

A building or premises may be used for the following purposes in the “R” Residential District in conformance with the conditions prescribed herein:

a. Group homes:
1. Group homes shall comply with all parking, sign, height and area regulations of the district and all provisions of the County Building Code.
2. The distance between the proposed use and any existing group home measured from lot line to lot line is not less than one-half (½) mile.
3. Such use shall be permitted only so long as the facility continues to be validly licensed by the State of Nebraska.
Early childhood care facilities under the following conditions:
1. No more than a maximum of fifteen (15) children shall be present in the facility at any time.
2. Such facility shall be used as the permanent residence of the licensed child care provider.
3. If the facility is located in a mobile home, the facility shall have a severe weather emergency action plan approved by the Health Department.
Mobile Homes:
1. The mobile home has:
  1. No less than an eight hundred (800) square foot floor area excluding garages.
  2. No less than an eighteen (18) foot exterior width.
  3. A three (3) inch in twelve (12) inch pitched roof or steeper.
  4. A non-reflective exterior siding material which is or simulates wood, stucco, or masonry.
  5. A non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock.
  6. Permanent connections to permanently located utilities complying with plumbing codes and electrical codes.
  7. A certificate stating the construction complies with the Federal Department of Housing and Urban Development's mobile home construction and safety standards.
  8. The mobile home's longest exterior dimension is less than three (3) times the most narrow exterior dimension.
2. The towing bar and hitch, wheels and tires, and axles are removed.
3. The mobile home's exterior siding extends to the ground and is supported to withstand wind loads as set forth in the building code or the foundation forms a complete enclosure under the exterior walls. The space beneath the mobile home shall be properly ventilated.
4. The mobile home is securely and permanently attached to a permanent foundation complying with the building code.
5. The mobile home's placement is inspected and complies with this resolution before the mobile home is occupied. (Resolution No. 3777, January 18, 1983) (Resolution No. R-22-0022, March 22, 2022)

6.005. Permitted Special Uses

A building or premises may be used for the following purposes in the "R" Residential district if a special permit for such use has been obtained in conformance with the requirements of ARTICLE 13.

Expansion of non-conforming use;
Historical preservation;
Academies, Private Schools, or Post-Secondary Education Facilities; (Resolution No. R-17-0040, May 30, 2017)
Reserved; (Resolution No. R-17-0040, May 30, 2017).
Community unit plans;
Health Care Facilities, Residential; (Resolution No. R-17-0040, May 30, 2017).
Wind energy conversion systems over the district height; (Resolution R-08-0090, Approved October 15, 2008; Resolution No. 3744A, October 5, 1982).
Dwellings for Members of Religious Orders; (Resolution No. R-17-0040, May 30, 2017);
Flood Plain Construction; (Resolution No. R-17-0040, May 30, 2017);
Broadcast Towers; (Resolution No. R-17-0040, May 30, 2017);
Personal Wireless Services Facility; (Resolution No. R-17-0040, May 30, 2017)
Early Childhood Care Facilities. (Resolution No. R-18-0078, November 20, 2018)
Small Solar Facility. (Resolution No. R-20-0037, July 14, 2020)

(Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0022, 04/11/2023)

6.007. Use Regulations

An accessory building that is not a part of the main structure shall be located not less than sixty (60) feet from the front lot line.

6.009. Parking Regulations

6.011. Height Regulations

No building shall exceed two and one-half (2-1/2) stories nor shall it exceed thirty-five (35) feet in height except as provided in ARTICLE 15 and 17 hereof.

6.013. Sign Regulations

Signs within the "R" Residential District shall be regulated in conformance with the provisions of ARTICLE 16.

6.015. Area Regulations.

Front yard:

There shall be a front yard having a depth of not less than thirty (30) feet except as provided in ARTICLE 17 hereof.
Where lots have a double frontage, the required front yard shall be provided on both streets.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a buildable lot at the time of the passage of this resolution need not be reduced to less than thirty five (35) feet, except where necessary to provide a yard along the side street with a depth not less than five (5) feet. No accessory building shall project beyond the front yard line on either street and the front yard line shall be separately computed for accessory buildings except that the buildable width for accessory buildings shall not be reduced to less than twenty two (22) feet.

Side yard:

Except as hereinafter provided in the following paragraph and in ARTICLE 17, there shall be a side yard on each side of a building, having a width of not less than ten (10) feet.
Wherever a buildable lot at the time of passage of this resolution has a width less than required in the district, the side yard on each side of a building may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall it be less than four (4) feet.

Intensity of use: Minimum buildable lot areas and buildable lot widths for dwellings shall be provided as follows:

Single-family dwellings	9,000 square feet
Two-family dwellings	14,000 square feet
Multiple dwelling, provided other applicable adopted standards and resolutions are met, i.e., percolation tests for septic fields;	14,000 square feet
	5,000 square feet for each family over two

The minimum lot width shall be sixty (60) feet.
A buildable lot containing less area or width than herein required may be used for single family purposes, provided its boundary lines along their entire length touched lands under other ownership on the effective date of this resolution and have not since been changed.
Accessory buildings not a part of the main structure, if located not less than sixty (60) feet from the front lot line, may extend into the required side yard though not nearer than two (2) feet to the side lot line. A garage which is entered from an alley shall not be located closer than ten (10) feet to the alley line. (Resolution No. 3657, December 22, 1981)