Lincolnton City Zoning Code

The provisions of this chapter shall apply to all land, buildings and structures within the incorporated area of the city.

(Ord. of 12-2003, § 1-2)

The intent of this chapter is to establish a precise and detailed plan for the purpose of promoting health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of the city. In furtherance of this general intent, the city establishes minimum standards for the use of land and improvements thereon. The zoning requirements and districts herein established are adopted for the following purposes:

1. To lessen congestion in the streets;
2. To guide development in accordance with existing and future needs;
3. To provide adequate light and air;
4. To secure safety from fire, panic and other dangers;
5. To facilitate economical and adequate provision of public facilities such as transportation, water, sewerage, education, recreation, sanitation, and other public requirements;
6. To avoid undue concentration of population;
7. To sustain the stability of neighborhoods;
8. To protect property against blight and depreciation;
9. To conserve the value of land and buildings;
10. To secure economy in governmental expenditures; and
11. To encourage the most appropriate use of land and structures.

(Ord. of 12-2003, § 1-4)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means one that is subordinate to and serves a principal structure or use, is subordinate in area, extent, and purpose to the principal structure or use served, is located on the same lot as the principal structure or use, and is customarily incidental to the principal structure or use.

Alley means a platted service way, but not a public right-of-way, providing a secondary means of access to abutting property.

Alteration of building means any addition to the height, width, or depth of a building or structure; or any change in the location of the exterior walls.

Amendment means any repeal, modification, or addition to these zoning regulations; or any change in the numbers, shape, boundary, or area of a district on the zoning map, or any repeal or abolition of any part thereof, or addition thereto.

Apartment, garage, means a dwelling unit erected above a private garage.

Applicant means the owner of land, or a designee authorized by the owner, submitting an application for development or rezoning.

Automobile sales lot means a lot that is used principally for the storage and sale of complete and operable automobiles.

Automobile service station means any land use, building, or structure primarily for the dispensing, sale or offering for sale at retail, of any automobile fuels, oils or accessories, but not including major work such as motor overhaul, body and fender repair or spray painting.

Automobile wrecking means a lot where three or more vehicles not in running condition, or parts thereof, are stored, or any building or structure used principally for wrecking and storage of automobiles not in running condition.

Beauty parlor means a commercial establishment where hair cutting or styling or cosmetology is offered or practiced on a regular basis for compensation. This term includes the training of apprentices under the regulation of such training by the appropriate licensing board. Cosmetic tattooing means a method of tattooing, which involves placing ink or other pigment into or under the skin or mucosa on the face or scalp, including but not limited to the eyelids, eyebrow area and lips, by the aid of needles or any other instrument used to puncture the skin or mucosa, resulting in permanent coloration, which may or may not be referred to as permanent make-up.

Billboard means any sign or advertisement used as an outdoor display by the painting, posting, or affixing on any surface of a picture, emblem, words, figures, numbers, or letters, such sign or advertisement being remote from the point of sale.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, waterways, or any other barrier to the continuity of the development of a subdivision.

Bond means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the city council. All bonds shall be approved by the city council wherever a bond is required by these regulations.

Buffer means a portion of a lot set aside for open space and visual screening between land uses to minimize conflicts between them.

Buildable area means that portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located, once the various front, side and rear yard requirements required for the land use have been subtracted from the total area.

Building means a structure built, maintained, or intended for use as a shelter for persons, animals, or property of any kind. Where independent units with separate entrances are separated by common walls, each unit is a separate building.

Building area means the total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

Building height means the vertical distance measured from the average established grade at the building line to the highest point of the structure.

Building line means a line, other than a lot line, used to regulate the location of a building or structure in relation to the abutting street or streets.

Building official means the office or person duly appointed or authorized by the mayor and city council to enforce the provisions of this chapter or any other ordinance or municipal regulation related to building and construction. The term "building official" includes the building official's designees and alternates appointed by the city council including, but not limited to, the city building official.

Building setback, front, means the minimum allowable distance between the front property line and the front of a building or structure on a lot. The front setback applies to and extends the full width of the lot.

Building setback line means a line beyond which no foundation, wall, eave, or other part of any building shall be built, altered, or maintained, unless specified exceptions are made elsewhere in these regulations.

Building setback, rear, means the minimum allowable distance between the rear property line and a building or structure on a lot. The rear setback applies to and extends the full width of the lot.

Building setback, side, means the minimum allowable distance between the side property line and a building or structure on a lot. The side setback applies to the full depth of a lot.

Building site means the ground areas of a building or buildings together with all open spaces surrounded by said building or buildings.

Child care center, family, means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours a day, without transfer of legal custody, three but not more than six children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

Child care center, group, means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision less than 24 hours day.

Club, lodge, civic or fraternal organization means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Communications tower means a tower of any size, which supports communication equipment (transmission or receiving) utilized by commercial, government, or other public and quasi-public users. The term "communications tower" does not include antennas for private home use or satellite dish and television antennas or amateur radio operators as licensed by the Federal Communications Commission, and excluding those used exclusively for dispatch communications.

Conditional use means a use of property not permitted as a matter of right, but which may be permitted upon the imposition of conditions related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use; height, setback and other non-use requirements; and physical improvements to the property and infrastructure serving the property. A conditional use must be approved in the same manner as a rezoning request prior to the issuance of a permit.

Construction plan means the maps and drawings accompanying a subdivision plat or plan which shows the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the mayor and city council as a condition of the approval of the plat or plan.

Convenience gas station means buildings and premises where gasoline and oil may be dispensed at retail. Uses permissible also include the sale of cold drinks, package foods, tobacco and similar convenience goods for station customers.

Corner lot means any lot bounding the intersection of two streets or located upon the inside of a curve of a street where the corner interior angle is less than 135 degrees.

Customary home occupation means a business, profession, occupation, or trade conducted for gain or support by any occupant of a dwelling and located entirely within a residential building, or a structure accessory thereto, which use is accessory, incidental, and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building.

Design standards means the standards that set forth specific improvement requirements.

Detention pond means a pond constructed for the temporary storage of runoff water where the opening for release is of a relatively fixed capacity and not manually operated.

Developer means the owner or owners (or their representative) of a lot or of any land included in a proposed development. Also, the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.

Dwelling, multi-family, means a building designed for and used as a residence for three or more families, and consisting of three or more separate dwelling units.

Dwelling, single-family, means a structure, including a site-built, modular or manufactured home (a mobile home is not a single-family dwelling), that contains one dwelling unit designed for residential use exclusively by one family that is surrounded by open space on the same lot. All single-family dwellings shall meet the appearance standards as provided in this chapter.

Dwelling, two-family, means a building containing two housekeeping units and designed or used to house two families living independently of each other.

Dwelling unit means a structure or a portion of any structure designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boarding houses or like uses.

Easement means a right or privilege in the owner of one parcel of land by reasons of such ownership to use the land of another for a special purpose not inconsistent with a general property interest in the owner.

Engineer means a registered, practicing engineer, licensed by the State of Georgia.

Escrow means a deed, a bond, money or a piece of property delivered to a third party to be delivered by him to the grantee only upon fulfillment of a condition.

Family means one or more persons related by blood, marriage, adoption or guardianship and not more than two unrelated persons occupying a dwelling unit and living as a single housekeeping unit.

Frontage means the distance along which the property abuts one side of a street, roadway, highway, or right-of-way.

Garage means a building or structure used, or intended to be used, for the parking and storage of motor vehicles.

Grade means the slope of a road, street, or other public way, specific in percentage terms from the horizontal.

Health department means the health department duly authorized to perform health services in the city.

Hotel means a building or group of buildings used, or intended to be used, for the provision of daily lodging of persons for compensation.

Individual sewage disposal system means a septic tank, seepage tile sewage system, or any other sewage treatment device.

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Such building must bear the insignia of approval issued by the commissioner of the department of community affairs.

Junkyard means any lot or structure used for a salvaging operation, including but not limited to, the storage and sale of wastepaper, scrap metal, and building materials, and the collection, demolition, dismantling, storage, and salvage of automobiles or other vehicles or other machinery and parts thereof.

Lot means a parcel or plat of land occupied by or designated to be developed for only one principal building or use and the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designated or required by this chapter for such building, use, or development. The word "lot" includes the words "plot," "parcel" or "tract".

Lot area means the computed ground area inside lot lines.

Lot coverage means the computed ground area occupied by buildings within a lot.

Lot depth means the average distance measured from the front lot line to the rear lot line.

Lot frontage means the distance between the side lot lines measured at the street right-of-way line.

Lot improvement means any building, structure, place, work of art, or other object, or improvement situation on a lot.

Lot lines means the boundary dividing a given lot from the street, an alley or adjacent lots.

Lot of record means a lot that is part of a subdivision recorded in the office of the clerk of the county superior court or a lot described by metes and bounds, the description of which has been recorded in the office of the clerk of the county superior court.

Lot width means the average distance between the side lot lines measured at right angles to those side lot lines.

Maintenance guarantee means any security which may be required and accepted by the city to ensure that necessary improvements will function as required for a specific period of time.

Manufactured home means any structure, transportable in one or more sections, which:

1. In the traveling mode, is eight body feet or more in width of 40 body feet or more in length; or
2. When erected on site, is 320 or more square feet; and
3. Is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;

   except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.

Manufactured home community means a contiguous parcel of land under single ownership which has been planned and improved for the placement of three or more manufactured homes for residential occupancy in accordance with this chapter.

Map or zoning map means the official zoning map of the city.

Master sewerage plan means the long-range, master plan for the development of a public sewerage system as adopted by the mayor and city council.

Mini-warehouse means a one-story building or series of one story buildings with separate enclosed areas available for rent for the storage of personal goods.

Motel means a building or group of buildings used, or intended to be used, for the provision of daily lodging of persons for compensation, with a provision for direct vehicular access to each unit.

Nonconforming lot means a lot existing at the effective date of the ordinance from which this chapter is derived (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirements of the district in which the lot is located.

Nonconforming situation means a situation that occurs when, on the effective date of the ordinance from which this chapter is derived, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by this chapter.

Nonconforming use means a use or activity that was lawful prior to adoption, revision or amendment of the zoning ordinance, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning districts.

Nonresidential subdivision means a subdivision whose intended use is other than residential, such as commercial or industrial use.

Occupied or used, as applied to any land or building, shall be construed to include the terms "intended," "arranged," or "designed to be used or occupied."

Off-site means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

Off-street loading space means the area required to load or unload goods or other material plus the necessary driveways and maneuvering areas.

Off-street parking space means the area required to park one automobile plus the necessary driveways and maneuvering areas.

Open space means a parcel or parcels of land or an area of water or a combination of both land and water within the designated development and designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking areas.

Parking lot, accessory, means a parcel of land used by an individual, partnership, firm or corporation in any commercial or industrial district exclusively for the parking of vehicles of its employees or customers and for which no charge is made.

Parking lot, public, means a parcel of land devoted to unenclosed parking spaces which may include partially enclosed one-story buildings, and where a charge is made for storage or parking of vehicles.

Parking space means an area of appropriate dimensions of not less than 200 square feet, not exclusive of access or maneuvering area, or ramps or columns etc., to be used exclusively as a temporary storage space for private motor vehicles. Truck loading and unloading space shall not be included in such area. When the application of a unit of measurement for parking spaces to a particular use or structure results in a fractional space, any fraction under one-half shall be disregarded and fractions of one-half or over shall be counted as one space.

Paved-way width means the shortest distance as measured from curb face to curb face or, if without curbing, as measured from edge of pavement to edge of pavement.

Performance guarantee means any security that may be accepted by the city as a guarantee that the improvements required as part of an application for development are satisfactorily completed.

Permitted use means a use by right which is specifically authorized in a particular zoning district.

Personal care home means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for up to six unrelated ambulatory adults who reside there temporarily or longterm.

Personal services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

Planned unit development (PUD) means a development project comprehensively planned as an entity with an overall site plan which permits flexibility in building siting, mixtures of land uses, and the provision of open spaces. A PUD shall be primarily residential in character.

Plat, final, means the plat submitted to the mayor and city council for final approval and subsequently to be recorded with the clerk of the county superior court.

Plat, preliminary, means that plat or layout of a proposed subdivision submitted to the mayor and city council for approval prior to submission of the final plat.

Portable sign means any sign, by design or construction, intended to be easily and readily relocated and not permanently affixed to the ground, a frame, a building or other structure. Portable signs shall include, but are not limited to, signs mounted upon a trailer, bench, wheeled carrier, or other nonmotorized mobile structure with or without wheels.

Principal building means a building in which is conducted the principal use of the lot or tract of land on which such building is located.

Principal use means the primary use of land or structures as distinguished from a conditional use or accessory use.

Private recreation facilities means a facility such as a swimming pool, tennis court, community center, beach, boat dock or basketball court which is an accessory use located on residential lots, the use of which is restricted to the occupants of the principal use and guests for whom no admission or membership fees are charged.

Private street means a private access from a public street to land abutting on the right-of-way thereof; a road not maintained or owned by the city.

Public means any land or building owned, used, or maintained by the federal, state, city or local governments or their agencies.

Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public sewerage means a sanitary sewerage system for the collection of waterborne wastes complete with a sewerage treatment plant or stabilization pond. The entire system must be either operated by the city or have been approved by the city.

Public utility means an activity, or a building housing an activity, which operates to serve the community as a whole or a portion of the community, and which is publicly run or subject to special government controls.

Radial lot means an irregular (pie-shaped) lot fronting on a curved street, and which is formed by its side lot lines being established along the course of a radius from the axis of the street curve.

Right-of-way line means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, storm or sanitary sewer main, shade trees, or for another conditional use and owned by a city or municipality.

Road plan means any legally adopted plan for the future development or classification of major streets and roads in the city.

Setback means the distance between a building and the lot line nearest to the building.

Shipping container means any metal or primarily metal container designed and constructed to ship, or handle bulk goods or items, or which appears substantially similar to such containers in appearance. Such containers include reusable steel boxes, freight containers, and bulk shipping containers; originally a standardized reusable vessel that was designed for and used in the packing, shipping, movement, transportation, storage of freight, articles of goods, or commodities; generally capable of being mounted on a rail car, truck/trailer or loaded on a ship.

Shopping center means a group of three or more commercial establishments planned, developed, and managed as a unit with off-street parking provided on the property.

Shoulder means that portion of a street or road from the outer edge of the paved surface or the curb to the inside edge of the ditch, gutter, or original ground surface.

Sidewalk means that portion of a street or road available exclusively for pedestrian traffic.

Sign means every outdoor advertising device, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and includes any announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.

Sketch plat or site plan means a generalized map prepared by the developer that shows the development concept. Its purpose is to serve as a basis for discussion before the subdivision process begins without either the building official or the developer making commitments.

Street means, relates to, and includes streets and avenues, boulevards, roads, highways, expressways, and other ways.

Street, arterial, means those streets indicated as such on the zoning map, with traffic signals or stop signs at major and minor intersections that collect and distribute traffic to and from collector streets.

Street, collector, means those streets indicated as such on the zoning map, which serve as feeders to an arterial or a major street, as collectors of traffic from minor streets and for circulation around a residential neighborhood.

Street, cul-de-sac, means a land service street that terminates in dead-end turnarounds and not intended for future extension.

Street grade means the grade of the curb or centerline of a street measured at any point along the street.

Street, local, means a street used primarily in residential subdivisions for access to abutting properties as opposed to the collection and dispersion of traffic.

Street, major, or highway means those streets indicated as such on the zoning map, which serve primarily as major traffic ways for travel, used to expedite the safe movement of through traffic, through and within the city.

Street width means the shortest distance between the lines delineating the right-of-way of a street.

Structure means anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

Subdivider means any person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance of proceedings to subdivide such land under these regulations, or the authorized agent of such person, firm or corporation for the purpose of proceeding under these regulations.

Subdivision means any division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all such division of land involving a new street or a change in existing streets, and includes resubdivision.

Surveyor means a registered, practicing surveyor, licensed by the State of Georgia.

Temporary sign means a nonpermanent sign lasting for a limited time other than a portable sign as defined herein.

Use means the activity or function that actually takes place or is intended to take place on a lot.

Used or occupied. See Occupied or used.

Utility facilities means any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose under state law and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

Utility facilities, neighborhood, means utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

Variance means an alteration of the development standards of this chapter where such alteration will not be contrary to the public interest, convenience and welfare, and where, owing to conditions peculiar to the property of which the applicant for the variance has no control, a literal enforcement of this chapter would create unnecessary and undue hardship.

Yard means an unoccupied area of a lot, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.

Yard, front, means an open space extending the full width of a lot and of a depth measured horizontally at right angles from the front lot line to the front of the structure.

Yard, rear, means an open space extending the full width of a lot and of a depth measured horizontally at right angles from the rear lot line to the rear of the structure.

Yard, side, means an open space extending along the side line of a lot between the front yard and the rear yard and of a width measured horizontally at right angles from the side lot line to the side of the structure.

Zoning administrator means an individual appointed by the mayor and city council to administer the provisions of this chapter.

Zoning district means a specifically delineated area or district within the city in which the requirements of these regulations govern the use, placement, spacing and the size of land and buildings.

Zoning change means an action by the city council causing a change in the boundary of a zoning district so as to change the zoning designation on a property.

(Ord. of 12-2003, §§ 2-1, 2-2; Ord. of 7-11-2023; Ord. of 8-1-2023; Ord. of 4-2-2024, § 1; Ord. of 7-1-2025, §1; Ord. of 4-7-2026)

Except as otherwise provided, no structure or land shall be used after the adoption of these zoning regulations, and no structure or part thereof shall be erected, altered or moved, unless in conformity with the requirements herein specified for the district in which it is located.

(Ord. of 12-2003, § 4-1.1)