Lincolnton City Zoning Code
ESTABLISHMENT OF
ZONING DISTRICTS
§ 153.090 INTRODUCTION.
(A) In order to achieve the purpose of this chapter, the following districts, based on the concepts and proposals of the city’s land use plan and other plans and policies are hereby established. In addition to the primary uses that are permitted by right or subject to prescribed standards, other uses including accessory uses, off-street parking and signs are permitted as listed in this chapter.
(B) The districts are divided into three different categories:
(1) General zoning districts;
(2) Overlay districts; and
(3) Conditional zoning districts.
(Prior UDO, § 6.1) (Ord. passed - - )
§ 153.091 GENERAL ZONING DISTRICTS.
General zoning districts are designated throughout the zoning jurisdiction and include numerous uses that are allowed by right subject to those uses meeting yard and height regulations. In addition, some zones allow for uses subject to prescribed standards. The following general zoning districts are hereby established.
(A) R-25 Rural Residential District. This district is intended to accommodate very low-density residential and agricultural uses in fringe areas of the zoning jurisdiction that generally are non-intensely developed. This district is established to accommodate very low-density development where public utilities are nonexistent or partially existent. The continuance of agricultural operations is encouraged within this district.
(B) R-15 Single-Family Residential District. This district is established to provide areas consisting primarily of single-family residences located in both urban and suburban settings. Generally, public water and sewer are available or are readily available. Permitted residential uses consist solely of single-family residences and the minimum lot size shall be 15,000 square feet. In addition to single-family residences, a limited number of private and public community uses are allowed.
(C) R-10 Residential District. This district is established to provide primarily for single-family residences. The minimum lot size for single-family dwellings on a use by right basis is established at 10,000 square feet. These areas are served by water and sewer. Certain public and private community uses are allowed.
(D) R-8 Residential District.
(1) This district is established to accommodate single-family dwellings on 6,000 minimum square foot lots and two-family dwellings on 12,000 minimum square foot lots. These districts are located where water and sewer are present. The district accommodates both single- and two-family residences.
(2) A limited number of private and public community uses are allowed or may be allowed where certain criteria specified in this chapter are met.
(E) RMF Residential Multi-Family District. This district is intended primarily as a residential district for the location of detached single-family dwellings, two-family dwellings, and multi-family dwellings along with their customary accessory uses to establish areas where development patterns are somewhat more dense than surrounding areas. A limited number of private and public community uses are allowed.
(F) RO Residential Office District. This district allows for single- and two-family residential uses and certain commercial, office, and institutional uses which would create an area convenient for both residential and employment purposes. In certain areas this district is also established to provide a transition between purely residential areas and primarily commercial areas. In order to enhance the district's residential character, the R-O District, for purposes of this chapter is deemed a residential district. This classification does require screening and buffering from all new uses in adjacent commercial and industrial districts. Small offices, certain community facilities, and single- and two-family residences are permitted by right.
(G) O-I Office Institutional District. This district is established to allow for a wide variety of offices, certain commercial uses having minor impacts, certain community facilities, professional and medical service and certain institutions. Single-family and two-family residences are permitted, but unlike the R-O District, the emphasis of this zone is on nonresidential uses. This zone may also be established in certain areas to provide an orderly transition between residential areas and more intensive commercial uses.
(H) N-B Neighborhood Business District. This district is designed primarily for local business centers for retailing of merchandise such as groceries, drugs, and household items and for furnishing certain personal, business, and professional services. Unlike some of the other commercial zones, this district is established to serve local neighborhoods and other relatively small trading areas. The standards established for these business areas are designed to promote sound, permanent business development and also to protect abutting or surrounding residential areas from undesirable aspects of nearby business developments. These districts are located at accessible places with respect to traffic circulation in order to conveniently serve the trading population and to promote the grouping of several places of business at locations so designated. Since this district is established to provide for small neighborhood oriented businesses, limitations on gross floor areas are established for certain uses. A Neighborhood Business District is typically a relatively small area. Off-street parking, landscaping and yard requirements are established for the NB District.
(I) C-B Central Business District. The purpose of this district is to permit concentrated development of a wide variety of retail establishments, personal services, and professional and non-professional offices. In light of the concentrated amount of development normally found in a downtown area, yard regulations are minimal. Given the lack of space for off-street parking, this requirement has also been eliminated.
(J) CBT Central Business Transitional District. The purpose of this district is to permit concentrated development of a wide variety of retail establishments, personal services, and professional and non-professional offices. Like the Central Business District, yard regulations are minimal. However, unlike the Central Business District, off-street parking standards must be met for all uses permitted in the district. The number of off-street parking spaces required for uses in the Central Business Transitional District is less than that for other Business and Commercial Districts since land size limitations restrict parking area availability. Land in this district exhibits some of the same characteristics as land within the Central Business District but is generally not developed in the same concentrations as the Central Business District.
(K) G-B General Business. The purpose of this district is to provide an array of retail, wholesale and service uses to serve the entire community and with access to the uses being primarily by automobile. The districts are located along major arterial and collector streets.
(L) H-C Highway Commercial. The purpose of this district is to provide an array of highway-oriented retail, wholesale and service uses to serve the entire community and with access to the uses being primarily by automobile. The districts are generally located along major arterial and collector streets in order to have a minimal effect on residential neighborhoods.
(M) P-B Planned Business. The purpose of this district is to promote orderly and aesthetic commercial development along major highways and entranceways in the Lincolnton area.
(N) GMC General Manufacturing and Commercial. This district is designed primarily for general commercial and industrial land uses, including manufacturing, processing and assembling of parts and products; distribution of products at wholesale outlets, retail outlets; transportation terminals; various public and utility uses; and a broad variety of specialized commercial and industrial operations.
(O) GI General Industrial. This district is designed primarily for general and heavy commercial and industrial land uses, including outdoor storage.
(Prior UDO, § 6.2) (Ord. passed - - ; Ord. passed 6-29-2023; Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999
§ 153.092 OVERLAY DISTRICTS.
Overlay districts are established to provide for certain additional requirements and/or uses for properties located in 1 or more general zoning districts. Thus, in addition to the requirements of the underlying general zoning district, the provisions of the overlay district and/or any subsequent rezonings may be initiated by an individual, Planning Board or City Council. A zoning map change either establishing or changing any overlay district shall be subject to the same procedures and requirements as any other zoning map change.
(A) MHO Manufactured Home Overlay. The purpose of this district is to provide areas in which Class A manufactured homes can be located on individual lots. In order that these homes, when placed on the lot, are compatible with single-family residences, the MH District does provide certain size, construction and aesthetic standards for manufactured homes by allowing only Class A manufactured homes (as defined in § 153.031). The MH Overlay District supplements the range of uses permitted in the underlying district. All other uses and regulations for the underlying district shall continue to remain in effect for properties classified in the MH Overlay District. The MH Overlay District may only be located in areas that contain a Residential (R) underlying general zoning district. The overlay areas may not consist of an individual lot or scattered lots, but shall consist of a defined area within which additional requirements or standards are placed upon manufactured homes. The intent of this approach is to allow manufactured homes in parts of a zoning district where they would not otherwise be allowed, subject to appropriate conditions. In determining these areas, the City Council will give close consideration to whether manufactured homes would be compatible with surrounding land uses.
(B) SH Special Highway Overlay District. The purpose of this district is to protect and preserve the natural scenic beauty of the landscape of areas which lie near or adjacent to designated Special Highways and that development which takes place on land which lies near the highways be developed in a manner which maximizes the attractiveness of uses and the safety and order of development of the area through the application of additional development standards. Ensuring that development occurs in a manner, it will in turn contribute to and enhance trade, tourism, capital investment, public safety and the general welfare.
(C) HO Historic Overlay District. This shall be an additional zone established pursuant to G.S. Chapter 160D, Article 9, Part 4 which may overlay other zoning districts on the official zoning map. That portion of any zoning district to which the HO District shall apply shall also be delineated on the official zoning map. The HO District is intended as an area in which conservation, preservation, restoration and development of historic character and significance and be fostered and maintained. No Historic District or districts shall be designated until:
(1) An investigation and report describing the significance of the buildings, structures, features, sites or surroundings included in any proposed district, and a description of the boundaries of the district has been prepared; and
(2) The State Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee shall have made an analysis of and recommendations concerning the report and description of proposed boundaries. Failure of the Department to submit its written analysis and recommendations to the City Council within 30 calendar days after a written request for the analysis has been received by the Department of Cultural Resources shall relieve the city of any responsibility for awaiting the analysis, and the City Council may at any time thereafter take any necessary action to adopt or amend the zoning regulations.
(Prior UDO, § 6.3) (Ord. passed - - ) Penalty, see § 153.999
§ 153.093 CONDITIONAL DISTRICTS.
(A) A conditional district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations and the adopted Land Use Plan. The review process established in this Part provides for the accommodation of such uses by a reclassification of property into a conditional district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties.
(B) Conditional zoning districts are zoning districts in which the development and use of the property is subject to predetermined ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to the particular property. The following zoning district categories are conditional zoning districts:
(1) Parallel conditional zoning districts. A parallel conditional zoning district is a conditional zoning district in which the potential permitted use or uses are, except as limited by the conditions imposed on the district, of the same character or type as the use or uses permitted in a general district having a parallel designation or name. Following the approval of a petition for a parallel conditional district, the subject property shall be identified on the Zoning Maps by the appropriate district designation. A parallel conditional district shall be identified by the same designation as the corresponding general district followed by the letters "CD" (for example "G-B(CD)").
(a) Planned Residential District;
(b) Planned Unit Development District;
(c) Traditional Neighborhood Development;
(d) Transitional Infill Development District;
(e) Manufactured Home Park District; and
(f) Commercial Center District.
(3) The conditional zoning districts allow for the establishment of certain uses, which, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole. The development of these uses cannot be predetermined or controlled by general district standards. In order to accommodate these uses, this chapter establishes specific development standards for these uses intended to protect existing developed areas. The permitted uses and development standards are contained within each district. Each of the conditional zoning districts requires submittal of a site plan as part of the application review process. In addition, each of the conditional zoning districts is subject to approval by City Council in order to be established.
(Ord. passed - - )