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Lincolnton City Zoning Code

DIVISION 1

GENERALLY

Sec. 26-112. - Classes of districts.

The city is divided into the following classes of districts or zones:

(1)

Residential zoning districts:

a.

R-1—Single-family residential.

b.

R-2—Multi-family residential.

c.

RMH—Manufactured home residential.

(2)

Nonresidential zoning districts:

a.

D-1—Future development.

b.

P-1—Professional.

c.

C-1—General commercial.

d.

C-2—Highway-oriented commercial.

e.

I-1—Industrial.

(Ord. of 12-2003, § 12-1)

Sec. 26-113. - Purpose of districts.

(a)

Single-family residential (R-1). The purpose is to establish a low-density, single-family residential district and to protect property in this district from the depreciating effects of incompatible land uses.

(b)

Multi-family residential (R-2). The purpose is to establish a medium to high-density residential district and to protect property in this district from the depreciating effects of incompatible land uses.

(c)

Manufactured home residential (RMH). This zoning district provides residential areas with low population densities for manufactured home communities and manufactured homes not meeting the definition for dwelling, single-family, in section 26-3.

(d)

Future development (D-1). The purpose is to establish a district on the fringe of urban growth where the predominant character of development has not yet been fully established, but where the current characteristics of use are primarily agricultural and residential. As urban growth continues, demand will grow for amendments to remove land from the future development district and place it in more intensely developed zones. However, the intent of the future development district is to reserve the bulk of the land for agricultural and low-density residential uses.

(e)

Professional (P-1). This district is established to provide areas for the development of structures for professional services that complement the character of adjacent districts. This district is not intended to accommodate general and highway-oriented commercial uses or residential uses, but rather to serve as a transition between more intensely developed commercial areas and residential districts.

(f)

General commercial (C-1). This district is intended to be a general commercial zone to provide a wide variety of commercial and service facilities.

(g)

Highway-oriented commercial (C-2). This district is intended to be utilized by those commercial uses that serve community and regional shopping needs as well as the traveling public. These commercial uses occupy relatively large sites and require access to major thoroughfares. It is intended that this district be located at major road intersections.

(h)

Industrial (I-1). This district is intended to provide areas for industrial uses and related activities such as wholesaling, warehousing, and storage, and to protect adjacent districts from potentially harmful effects of industrial uses. This district is not intended to accommodate general commercial uses or residential uses.

(Ord. of 12-2003, §§ 12-1.1—12.1.8)

Sec. 26-114. - Official zoning map.

The boundaries of the various districts shall be shown on the official zoning map of the city. The official zoning map is hereby made a part of this chapter, and all notations, references and other information shown thereon shall be a part of this chapter as if set forth herein. The official zoning map, as adopted by the mayor and the city council and subsequently amended from time to time, shall be maintained as so revised by the zoning board. The zoning board shall interpret the zoning map and answer questions concerning district boundary lines and lot lines.

(Ord. of 12-2003, § 12-2)

Sec. 26-115. - Completion of existing buildings.

(a)

Nothing herein contained shall require any change in the plans, construction, or designated use of a building actually under construction at the time of passage of the ordinance from which this chapter is derived; provided, however, that such building and use thereof was lawful under the zoning ordinance as may have existed when construction or use commenced.

(b)

If any amendment to this chapter is hereafter adopted changing the boundaries or districts or changing the provisions of this chapter with regard to buildings or uses legally existing, or to buildings legally under construction or to building permits legally issued in the area affected by such amendment at the time of the passage thereof, such amendment shall not cause such use to be terminated or bar the occupancy of such building unless provided by other proceedings at law.

(Ord. of 12-2003, § 16-1)

Sec. 26-116. - Existing lots.

Where the owner of a lot at the time of the adoption of the ordinance from which this chapter is derived, or his successors in title thereto, does not own sufficient contiguous land to enable him to conform to the required dimensions in this chapter, such lot may be used as a building site provided that yards are established in accordance with the provisions of this chapter as applied to the district where the lot is located.

(Ord. of 12-2003, § 16-2)

Sec. 26-117. - Public utilities and public services.

The provisions of this chapter shall not be construed as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewer mains, incidental appurtenances and substations where permanent personnel will not be required.

(Ord. of 12-2003, § 16-4)