Lincolnton City Zoning Code

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

1. Residential zoning districts:
   1. R-1—Single-family residential.
   2. R-2—Multi-family residential.
   3. RMH—Manufactured home residential.
2. Nonresidential zoning districts:
   1. D-1—Future development.
   2. P-1—Professional.
   3. C-1—General commercial.
   4. C-2—Highway-oriented commercial.
   5. I-1—Industrial.

(Ord. of 12-2003, § 12-1)

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. General commercial (C-1). This district is intended to be a general commercial zone to provide a wide variety of commercial and service facilities.
7. 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.
8. 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)

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)

1. 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.
2. 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)

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)

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)

1. Where uncertainty exists with respect to the boundaries of any aforementioned districts as shown on the zoning map, the following rules shall apply:
   1. Unless otherwise shown on the zoning map, the boundary lines of districts or zones are lot lines, street centerlines, creeks and streams, railroad rights-of-way.
   2. Where the district boundaries are indicated as approximately following the corporate limit, such corporate limit line shall be construed to be such boundary.
2. Where the boundary lines of districts or zones do not coincide with lot lines, the centerlines of streets, creeks and streams, railroad rights-of-way, or the incorporated city limit line, such district or zone boundaries shall be determined by the use of the scale shown on the zoning map.

(Ord. of 12-2003, § 12-3.1)

1. If, in accordance with the provisions of this chapter, changes are made in the district boundaries or other information portrayed in the official zoning map, changes shall be made on the official zoning map by the zoning board promptly, after the amendment has been approved by the mayor and city council.
2. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the final authority as to the current zoning status of land in the city shall be the official zoning map as adopted and amended by the mayor and city council.

(Ord. of 12-2003, § 12-3.2)

All requirements of this chapter regarding lot size, building size and building placement on the lot for each zoning district shall be met in addition to and as supplemented by the following table:

(Ord. of 12-2003, § 13-1; Ord. of 4-7-2026)

No building shall be erected on a lot that does not have immediate frontage of at least 50 feet on a public street.

(Ord. of 12-2003, § 13-1.1)

1. No principal building, structure or land use shall be permitted except in the zoning districts indicated and for the purposes permitted in this chapter. Each use is mutually exclusive and does not encompass other uses listed in the schedule of uses.
2. A permitted use is a principal use permitted as a matter of right, and a conditional use is a principal use allowed only if a conditional use permit is granted by the zoning board. For uses not included on this list, where the building official is unable to determine clear placement, application shall be made to the zoning board for interpretation.

(Ord. of 12-2003, § 13-2; Ord. of 4-2-2024, § 2)

1. Required width. Corner lots shall be 20 percent wider than interior lots in order to meet minimum front yard requirements on all sides adjacent to a street.
2. Vision clearance. On any corner lot, no fence, sign, or other structure, planting, or other obstruction to vision over three feet above the established street grades shall be erected or maintained within the line connecting points on the street right-of-way line 15 feet distant from the corner.

(Ord. of 12-2003, § 16-7)

A single-family dwelling unit is permitted as a conditional use above a ground floor permitted use in the C-1 and C-2 commercial districts with the approval of the city council and provided the following conditions are met:

1. No outside mailboxes are permitted.
2. Daily or weekly boarding rooms are prohibited. Only full-time renter or owner-occupied dwelling units are permitted.
3. No drying of clothes is permitted on the outside of any building.
4. Entry to the unit or to a hallway serving one or more units shall be provided by a stairway opening directly to the outside, except where the owner occupies both the ground level and the upper floor residential apartment, then entry may be through the ground floor.
5. No recreation, entertainment, public gathering or placement of furniture is permitted on the sidewalks unless permitted by the mayor and council.
6. No garage sales or yard sales are permitted.
7. A separate trash container approved for residential use for each dwelling unit with its location approved by the city shall be furnished by the lot owner.

(Ord. of 12-2003, § 16-13)

A satellite dish antenna shall be subject to the following requirements:

1. A satellite antenna dish with a diameter 13 feet or larger must be located behind the rear building line and outside the side yard setback.
2. A satellite dish antenna 18 inches or smaller shall not be located on the dwelling front yard wall or on any front yard roof plane. A satellite dish antenna may be located on a backyard roof plane, backyard dwelling wall or side yard dwelling wall.
3. If a satellite dish antenna cannot be located as per the requirements of subsections (1) and (2) of this section to receive an adequate signal, said satellite dish antenna may be located as necessary on the satellite dish antenna owner's property to facilitate adequate reception.

(Ord. of 12-2003, § 16-8)

No house trailer, truck trailer, shipping container or similar mobile home structure, of any kind shall be used for storage purposes, temporary office purposes or parked within R-1, R-2, RMH, D-1, P-1, C-1 or C-2 districts of the city.

(Ord. of 4-7-2026)

A buffer shall be required whenever two adjoining properties are in different zoning districts. Buffers shall be located on the outer perimeter of a parcel along all lot lines adjoining different zoning which may be separated by an existing or proposed public right-of-way. Buffers shall not be located on any portion of an existing dedicated or reserved public or private street right-of-way.

(Ord. of 12-2003, § 16-10)

In any commercial or industrial zoning district, where a commercial or industrial lot abuts any adjacent nonconforming residential use within that district, the required buffer for the commercial or industrial property when acquiring a building permit, unless the buffer was pre-existing, shall consist of a 50-foot setback from the adjoining property line containing not less than a 20-foot base width consisting of plantings plus a wall (not otherwise part of a structure or accessory building), fence or a berm, or any combination thereof, which meets the screening standards of this chapter.

(Ord. of 12-2003, § 16-10.1)

1. When two adjoining properties are in different residential, commercial or industrial zoning districts, the property within the zoning district allowing for more intensive uses is required to provide the buffer when acquiring a building permit unless an approved pre-existing buffer exists and complies with all requirements of this article. When two adjoining vacant parcels are in different zoning districts, no buffer is required when the parcel zoned for the less intensive use acquires a building permit.
2. The required buffer shall consist of a 50-foot setback from the adjoining property line containing not less than a 20-foot base width consisting of plantings plus a wall (not otherwise part of a structure or accessory building), fence or a berm, or any combination thereof, which meets the screening standards in this chapter.

(Ord. of 12-2003, § 16-10.2)

1. When two adjoining properties are different in intensity of use (single-family residential is a less intensive use than either a multi-family residential or a manufactured home community), whether in the same or in different zoning districts, the property of the more intensive use is required to provide a buffer when acquiring a building permit unless the buffer was pre-existing.
2. The required buffer shall consist of plantings or a fence, wall (not otherwise part of a structure or accessory building), or a berm, which meets the screening standards in this chapter. If plantings are used as the method of screening, the planting area shall have a minimum base width of 12 feet.

(Ord. of 12-2003, § 16-10.3)

The responsibility for maintenance of buffers shall remain with the owner of the property. Any required plant that has expired shall be replaced.

(Ord. of 12-2003, § 16-10.4)

Screening is a method of visually shielding one use from another by walls, fence, berms or densely planted vegetation. The building official shall make a determination as to whether the required screening has occurred.

(Ord. of 12-2003, § 16-12)

No fence or wall, other than a retaining wall, in a required setback area for a residential zoning district shall be more than six feet in height above finished grade, except as required for screening defined in sections 26-230 through 26-233.

(Ord. of 12-2003, § 16-9)

1. Plantings shall consist of either trees or shrubs or any combination of both. Planted areas shall be located along the abutting property lines or in areas that provide the best screening effectiveness.
2. If trees or large shrubs are used solely as the screening device, under normal growing conditions, they should attain a minimum growing height of eight feet and a canopy spread of ten feet within four years. They shall be planted a minimum of 20 feet on center.
3. When trees or large shrubs, are used in conjunction with a wall, fence or a berm, or combination thereof, to form the required screening, the minimum sufficient opaqueness shall be held to require no less than three feet of trees or shrubs in the area immediately adjacent to the wall, fence or a berm. This is to be measured along the ground surface from the fence to the inside border of said plantings. They should attain a minimum growing height of eight feet and a canopy spread of ten feet within four years.

(Ord. of 12-2003, § 16-12(a))

Walls shall be of masonry construction and a minimum of six feet in height, but no greater than eight feet in height. The wall shall be placed on the edge of the buffer nearest the most intense use of land.

(Ord. of 12-2003, § 16-12(b))

Fences shall be a minimum of six feet in height, but no more than eight feet in height. They shall be constructed of standard wood fencing material or methods of chain link with woven inserts that will provide 90 percent visual blockage. The fence shall be placed on the edge of the buffer nearest the most intense land use.

(Ord. of 12-2003, § 16-12(c))

Earthen berms shall have a minimum height of six feet.

(Ord. of 12-2003, § 16-12(d))

Any service area, loading area, refuse or storage area between a principal building and a public street being visible from said street and lying within 100 feet of said street shall be provided with screening consisting of not less than a 20-foot base width consisting of plantings plus a wall (not otherwise part of a structure or accessory building), fence or a berm, or any combination thereof, which meet the screening standards of this division.

(Ord. of 12-2003, § 16-11)

The purpose of this division is to provide regulations to ensure safe and efficient circulation of vehicles and pedestrians on public and private streets and to minimize nuisances from on-street parking.

(Ord. of 12-2003, § 18-1(a))

1. Off-street automobile storage or parking space shall be provided on every lot, tract or parcel on which any permitted use or conditional use is established in accordance with this chapter.
2. No structure hereinafter may be erected nor shall any of the following uses be established unless the minimum number of parking spaces as required below are provided.
3. Each parking space shall be at least 200 square feet exclusive of area need and interior circulation and shall have access for vehicles to a public space.
4. Parking lots of more than five vehicles shall provide sufficient turning to prevent cars from backing into the street.
5. Spaces for persons with handicaps shall comply with the Americans with Disabilities Act, 42 USC 12101 et seq.

(Ord. of 12-2003, § 18-1(a))

If the required automobile parking spaces cannot be provided on the same lot where the principal use is located, the zoning board may permit such space to be provided on other off-street property, provided that such property lies within 400 feet of the main entrance to such principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(Ord. of 12-2003, § 18-1(b))

Required parking space may extend up to 100 feet into a residential district, provided that the parking space adjoins a commercial or industrial district and has its only access on the same street as the property for which it serves and is separated from abutting residences by a planted buffer strip as established in division 4 of this article.

(Ord. of 12-2003, § 18-1(b))

In addition to the number of spaces required by the Americans with Disabilities Act, 42 USC 12101 et seq., off-street automobile storage or parking space shall be provided with vehicular access to a public street, and it shall be equal to or greater than the minimum requirements for the specific use set forth below:

(Ord. of 12-2003, § 18-1(c))

In the case of a use not specifically mentioned in this division, the requirements for off-street parking facilities shall be determined by the zoning board. Such determination shall be based upon the requirements set forth for the most comparable use specified in this division.

(Ord. of 12-2003, § 18-1(d))

The zoning board may, at its discretion, reduce the minimum number of parking spaces required for a specific use, provided that sufficient evidence is presented justifying the need for reduction in the requirements and every effort has been made to provide off-street parking in accordance with the stipulations of this division.

(Ord. of 12-2003, § 18-1(e))

The purpose of this division is to provide regulations to ensure the adequate provision of off-street loading and unloading space.

(Ord. of 12-2003, § 18-2(a))

Every building or structure or lot used for business, trade, or industry shall provide space as established herein for the loading and unloading of vehicles off the public street or alley. Such space shall have access to a public street or alley. Such space shall be arranged so that no vehicle is required to back into a public street, road or highway in order to leave the premises. Specific space requirements are as follows:

1. Retail business services: ten percent of the floor area.
2. Wholesale and industrial: five percent of the floor area.
3. Bus and truck terminals: sufficient space to accommodate the maximum number of buses or trucks that will be stored and loading or unloading at the terminal at any one time.

(Ord. of 12-2003, § 18-2(b))

A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely within the dwelling.

(Ord. of 12-2003, § 16-5)

The following customary home occupations, subject to the requirements of the definition provided in this division, are permitted as customary home occupations:

1. Barbershops and beauty shops operated by not more than two members of the residence.
2. Artist, dressmaker, seamstress, tailor and interior decorator.
3. The professional office of architect, accountant, lawyer, engineer, doctor or dentist.
4. Teaching, including tutoring, musical instruction, or dancing, but limited to three pupils at a given time.
5. Any similar use which upon review by the zoning board is deemed to be a home occupation by reason or acceptance as a home occupation in the community.

(Ord. of 12-2003, § 16-5)

Before a home occupation shall be permitted, property owners within a 1,500-foot radius shall be notified at least 15 days prior to a meeting of the city zoning board, which shall grant a home occupation permit upon showing that this section has been complied with.

A home occupation permit may be denied by the zoning board if, in their judgment, such occupation will be hazardous or injurious to the welfare of the community, and that this article has not been complied with.

1. Generally. Customary home occupations shall meet the following requirements:
   1. The office must be situated in the same dwelling unit as the home of the occupant.
   2. The residential character of that dwelling unit may not be changed.
   3. There shall be not more than one assistant employed other than the immediate members of the family residing on the property.
   4. The necessary functions of the home occupation shall not occupy over 20 percent of the floor area of the dwelling unit.
2. Exterior appearance. Dwellings housing customary home occupations shall display no stock in trade outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purposes other than a residential unit, including permitted accessory buildings.
3. Signs. The dwelling may display one nameplate or sign for each dwelling unit, subject to city sign regulations, indicating the name of the occupant or any permitted occupation, excluding flashing or animated types.

(Ord. of 12-2003, § 16-5)

Where special equipment is used, the building and technical codes of the city shall govern installation, including electrical wiring and plumbing.

This division is intended to permit greater flexibility in the development of residential areas and establish a review process by the zoning board for such development plans.

(Ord. of 12-2003, § 16-6.1)

1. Each planned unit development shall be subject to independent review and approval by the zoning board. This review process shall conform in general to the subdivision regulations of the city. In addition, the requirements of this section must be met.
2. The developer shall submit a site plan to the zoning board for review and approval. The zoning board shall approve or disapprove the site plan within 30 days after submittal. The site plan shall include the following:
   1. Total acreage in the tract proposed for the PUD;
   2. Street access and street layout;
   3. Arrangement of existing and proposed buildings and structures;
   4. Existing and proposed land uses throughout the tract;
   5. Topography by contours at intervals of at least five feet and extending at least 200 feet outside the tract;
   6. Name, date, north arrow, and graphic scale;
   7. A vicinity map showing the relationship of the proposed PUD to surrounding development;
   8. The location and dimensions of off-street parking spaces;
   9. The location and size of all proposed utility and storm drainage facilities and solid waste collection points;
   10. Such other information as the zoning board may deem necessary because of physical characteristics peculiar to the particular development.

(Ord. of 12-2003, § 16-6.6)

Planned unit developments provide flexible standards for building siting, mixtures of land uses, and the provision of open space within residential zoning districts. A PUD shall be primarily residential in character, and may include the following:

1. Single-family detached dwellings;
2. Single-family attached dwellings such as, townhouses, condominiums, and duplexes;
3. Multi-family dwellings;
4. Public or semi-public institutions such as schools, churches, and community or club facilities;
5. Recreational facilities, including swimming pools, golf courses, tennis courts and other recreational facilities intended for the primary use of the residents of the development;
6. Open space;
7. Commercial, retail, and professional uses subject to the following limitations:
   1. The commercial, retail or professional use is designed to primarily serve the residents of the development.
   2. The uses shall not have adverse affects on the residential uses within the development or in adjacent developments, or create traffic hazards to pedestrian or vehicular traffic.

(Ord. of 12-2003, § 16-6.2)

The minimum size of any tract zoned and developed as a planned unit development shall be five acres. Such PUD shall also have permanent, paved access to a public road.

(Ord. of 12-2003, § 16-6.3)

1. A maximum of five percent of the total area of the development may be devoted to commercial, retail or professional uses.
2. A maximum of 75 percent of the remaining (noncommercial) area of the development may be devoted to residential use. This percentage includes streets, parking areas, private yards and courts, and accessory residential uses.
3. A minimum of 25 percent of the remaining (noncommercial) area of the development shall be devoted to recreational and/or open space. This percentage may include public and semi-public buildings, recreational facilities and buildings, and common open space.

(Ord. of 12-2003, § 16-6.4)

Any building established in connection with a PUD that cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to such vehicles by a paved driveway with a width of not less than 20 feet, exclusive of parking space.

(Ord. of 12-2003, § 16-6.5(a))

The off-street parking facilities established in connection with a PUD shall be of such a design that it will not interfere with the safe movement of pedestrians, the efficient flow of traffic, and will not interfere with the access of service and delivery vehicles. The requirements for off-street parking for uses in a PUD shall follow the general off-street parking requirements of this chapter.

(Ord. of 12-2003, § 16-6.5(b))

All buildings within a PUD shall be at least 20 feet apart, but at least 40 feet apart when front to front.

(Ord. of 12-2003, § 16-6.5(c))

In residential buildings, no single row of dwelling units which are physically attached shall be greater than 200 feet in length.

(Ord. of 12-2003, § 16-6.5(d))

Except as otherwise specifically provided in this article, there shall be no minimum lot size, no minimum setbacks, and no minimum lot widths within the PUD; provided, however, that measures are taken to provide reasonable visual and acoustical privacy for dwelling units. There shall be provided a minimum of a 20-foot buffer between any PUD and adjacent residential areas. Further, each dwelling unit shall have access to a street, walkway, or other common area, and no structure or building shall be erected within 15 feet of any other structures.

(Ord. of 12-2003, § 16-6.5(e))

Adequate provisions for water supply, sanitary sewerage, and storm drainage shall be installed by the developer in accordance with accepted engineering principles.

(Ord. of 12-2003, § 16-6.5(f))

The purpose of this division is to provide for the continuation and, within a suitable period of time, elimination of existing uses of property that that did not conform to the requirements of this chapter on December 1, 2003.

(Ord. of 12-2003, § 17-1)

The lawful use of any building, structure or land existing at the time of the enactment or subsequent amendment of this chapter may be continued even though such use does not conform with provisions of this chapter, except that the nonconforming structure or use shall not be:

1. Changed to another nonconforming use;
2. Re-established after discontinuance for one year;
3. Extended or enlarged unless such addition is made to conform to the regulations of the zone in which it is located; or
4. Rebuilt, altered, repaired or replaced after incurring damages exceeding 50 percent of its replacement cost at the time or condition except in conformity with this chapter. A nonconforming mobile home may not be replaced with another mobile home or manufactured home after it is removed from the property.

(Ord. of 12-2003, § 17-2)

1. Application; renewal. An application for a temporary use permit authorizing temporary occupancy shall be submitted to the mayor and city council for approval. Upon approval, such temporary permit shall be issued for a period not exceeding one year. Applicant can seek permit renewal in 12-month increments if necessity continues beyond the initial year.
2. Construction projects. A temporary use permit may be issued by the city for an appropriate period of time not to exceed 12-month increments for nonconforming buildings, structures or uses incidental to and necessary to provide for the preparation of a construction site or the completion of a construction project. The owner of such temporary nonconforming use must agree to remove the temporary use upon expiration of the permit.
3. Sick or infirm resident. A manufactured home may be placed on a lot occupied by a permanent building where, for humanitarian reasons, it is necessary to provide for the care of a sick or infirm immediate family member on that lot. Once the necessity for such use terminates, the manufactured home must be removed within 45 days.

(Ord. of 12-2003, § 17-4)

Ground-mounted solar collection system means a solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. This system can include pole-mounted systems that allow for the tracking of the sun.

Power inverter means a device that inverts the direct current (DC) electricity produced by a solar PV system into usable alternating current (AC).

Solar electric power generation. Comprises non-residential establishments primarily engaged in operating solar electric power generation facilities. These facilities use energy from the sun to produce electric energy.

Solar farm means a term used to describe large-scale solar energy systems. These facilities are typically larger tracts of land containing hundreds of arrays of photovoltaic panels covering most of a parcel.

Solar glare means the effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Solar panel means, for the purpose of this article, a solar panel may refer to a solar module or surface component of a flat plate collector. Solar panels are meant to absorb, not reflect, sunlight.

Solar project means a facility for solar electric power generation including, but not limited to, a solar farm. A solar project may be a ground mounted system or roof mounted system of a size larger than required to power one single family residence.

(Res. of 5-6-2025(1), § 1)

Once a building permit is issued for a solar project, the applicant must commence construction within six months of issuance, or the permit shall lapse. Construction must be completed within 18 months of permit issuance unless the permit expressly provides otherwise. Exceptions to these time limitations may be made at permit issuance for good cause. For tax purposes, the solar project shall be considered complete and operational no later than 12 months after commencement of construction.

(Res. of 5-6-2025(1), § 1)

1. Glint and glare. Solar components must have a UL listing and must be designed with an anti-reflective coating(s). All construction shall comply with the National Electric Code and applicable building codes. The developer shall graphically demonstrate through the use of renderings, photographs, or similar credible media that the proposed solar collection device or combination of devices shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways, and shall not interfere with traffic or create a safety hazard. Screening, using fencing of at least eight feet in height, along with vegetative buffers placed outside the security fence, shall be provided along all sides of the project that face a public road or a residential area. If it is determined by the planning commission that buffering or screening is needed, one or more of the following may be implemented:
   1. On-site mature vegetation exists at a minimum height of ten feet and a depth of 75 feet between the security fence and adjacent properties or rights-of-way; or
   2. A single row of evergreens in combination with mature vegetation, installed at a minimum height of five feet, and achieving opaqueness and a minimum height of ten feet within five years; or
   3. A double row of off-set evergreens, absent mature vegetation installed at a minimum height of five feet, and achieving opaqueness and a minimum height of ten feet within five years.

      Panels are to be located and situated so that glare does not create a distraction or nuisance to traffic or adjacent residential properties. An engineer or qualified consultant must submit a statement that the glint and glare will not be offensive to residents or traffic.

2. Lot size. The minimum lot size required for a ground-mounted solar collection system shall be three acres. This excludes any roof-mounted systems.
3. Set backs. A minimum building setback of 250 feet where abutting residential property and 75 feet from public rights-of-way is required for ground mounted systems. This excludes any roof-mounted systems.
4. Height limitations. No structure shall exceed a height greater than ten feet, except for existing poles and overhead wiring. This is measured from the finished grade at the base of the structure to its highest point. This would exclude any roof-mounted systems.
5. Roof mounted systems. Roof-mounted panels shall not extend beyond the perimeter of the building on which the system is mounted or constructed. The total height of the solar panels shall not exceed the maximum building height of the underlying zoning district. Elevation drawings must be submitted to show:
   1. The highest finished slope of the solar collector and the slope of the finished roof surface on which it is to be mounted.
   2. The overall layout of the panels with the distance to the roof edge and any parapets on the building.
6. Interconnection lines. All power lines from a ground-mounted solar energy system shall be located underground, excluding existing utilities.
7. Noise level limitations. Inverter noise shall not exceed 40 decibels at the property line on which the system is located.
8. Controlled access. Access to the site must be controlled by a fence and locked gate of at least eight feet in height, with emergency access allowed 24/7 to emergency/governmental authorities.
9. Parking. The minimum number of parking spaces shall be one space for every two employees on the shift of greatest employment, plus one space for every vehicle used for work-related purposes.
10. Airport. Solar panels shall not be placed in the vicinity of any airport in any manner that would interfere with airport flight patterns. Any proposed solar system within two miles of an airport shall present evidence of a review by the Federal Aviation Administration (FAA) that indicates that the proposed solar system would not interfere with the normal operation of aircraft in the area.
11. Historic districts. No solar project shall be located in a designated historic district.
12. Environmentally sensitive areas. Solar projects proposed for development in an environmentally sensitive (i.e. wetland, or any other that is designated as such by local, state, or federal regulations) area must provide an environmental impact statement for evaluation prior to approval.
13. Signage. The manufacturer's and/or installer's identification and appropriate warning signs shall be posted in a clear and visible manner at the site. A warning sign concerning voltage must be placed on the main gate and must include the name and contact phone number for the solar energy system operator in case of an emergency. There shall be no commercial signage attached to any project fencing.
14. Other conditions. Those that provide adequate protection for adjacent residential prope[rty] lines may be deemed reasonable and appropriate for the type of system and may be added by the planning commission.

(Res. of 5-6-2025(1), § 1)

1. Electrical disconnect. The electrical disconnect switch shall be clearly identified and accessible at all times to emergency personnel. The owner must file a map with the Lincolnton Fire Department, depicting the location of the disconnect switch. The owner shall supply for filing with these agencies all emergency contact information.
2. Compliance. The developer/owner shall at all times construct and operate the facility in compliance with local, state, and federal guidelines as to soil erosion and sedimentation, storm water management, and all other environmental, cultural, and historical regulations. The owner shall operate the facility in compliance with any interconnection requirements from appropriate public utilities or public utility regulatory agencies.
3. Failure to proceed and abandonment. The developer shall submit a decommissioning plan with the initial application to the planning commission for approval. In the event the developer/owner ceases operation of the solar project or begins but does not complete construction of the project, the developer/owner shall restore the site according to the decommissioning plan. Any solar collection device or combination of devices that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned solar collection device(s) shall be under a duty to remove such device(s) under the decommissioning plan. To the extent allowed by state law, the cost for removal of such device(s) must be sufficiently bonded before the commencement of the project, with the city council being listed as payee in order to ensure timely removal of the devices upon decommissioning. The amount of the bond will be determined by the public service commission or by a certified contractor. A bond certificate must be presented to the city each year, verifying that the bond has been renewed. The bond must remain in effect for as long as the solar farm exists. If such device(s) is/are not removed within a reasonable time, not to exceed three months after receipt of notice from the governing authority notifying the owner of such abandonment, the governing authority may remove the device(s) and use the bond proceeds to pay for the costs of removal. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.

(Res. of 5-6-2025(1), § 1)