(a)

General description. There are four residential districts designed to meet present and future housing needs; to protect the character or, and property values in, residential areas; to encourage a suitable environment for family life; and to provide choice in type of housing. One of the districts is reserved for single-family uses, and is intended to be defined and protected from the encroachment of uses not performing a function necessary to the suburban residential environment. More specific descriptions of the residential districts are as follows:

(1)

R-1 suburban neighborhood. The purpose of the R-1 suburban neighborhood district is to accommodate single-family residential development. This zone is characterized by single-family detached dwelling units.

(2)

R-2 intermediate neighborhood. The purpose of the R-2 intermediate neighborhood district is to accommodate single- and multifamily residential development and to provide a transition between suburban neighborhood development and urban neighborhood or commercial development. This zone is characterized by single-family detached or attached (townhouse) dwelling units, two- to four-family (duplex, triplex, fourplex) units, and patio/garden (zero lot line) homes.

(3)

R-3 urban neighborhood. The HDR urban neighborhood district is to provide for multifamily development and is characterized by traditional apartment-type units in attached living complexes. Congregate housing for the elderly is also anticipated in this zone. Areas so classified must have all municipal services available.

(4)

MH single-family manufactured housing district. The purpose of the MH single-family manufactured housing district is to accommodate residential development associated with manufactured home living. Minimum lot size shall be 8,000 square feet. Application is primarily intended for areas where this type of housing exists; provided fringe areas thereto, and buffers between such areas and nonresidential uses may also be an appropriate assignment of this classification.

(b)

Uses permitted. Uses permitted in the residential districts are set forth in the table of this subsection.

(1)

Where the letter "P" appears opposite a listed use and underneath a residential district, the use is permitted in that district "by right" subject to:

a.

Providing off-street parking and loading facilities as required by section 16-254;

b.

Providing landscaping and screening as provided by section 16-256; and

c.

Conformance with special conditions applying to certain uses as set forth in division 7 of this article.

Only one principal structure per lot shall be permitted in R-1 and MH single-family districts.

(2)

Where the letter "C" appears instead of "P," the use is permitted subject to acquiring a conditional use permit as set forth in section 16-172. Where neither "P" nor "C" appears similarly within the table, the use is not permitted. Any uses which are not listed in the following table will be permitted only upon application for a conditional use permit and approval for such permit by the planning commission.

(c)

Lot, yard, and height regulations. Except as otherwise provided herein, no lot or yard shall be established or reduced in dimension or area in any residential district that does not meet the minimum requirements in the table below; nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table below.

NP = not permitted

(1)

The maximum lot coverage (all buildings) shall not exceed 60 percent in all residential zones.

(2)

When an existing lot is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with minimum lot size requirements.

(3)

Utility facilities, using land or an unoccupied building requiring less than 1,000 square feet of site area, are exempt from minimum lot size requirements of all districts.

(4)

The minimum lot size requirements shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot that was legally platted and recorded before the adoption of these regulations. For lots that are rendered nonconforming, the necessity of obtaining a variance from such created nonconformity shall not be required as a condition of issuance of a building permit, provided all setback and other requirements can be met.

(5)

Certain architectural features may project into required yards as follows:

a.

Cornices, canopies, eaves, or other architectural features may project a distance not to exceed 30 inches; however, said architectural features must meet building separation requirements as established by current fire codes.

b.

Fire escapes may project a distance not exceeding 4½ feet from the exterior wall of the building.

c.

An uncovered stair and necessary landings may project a distance not to exceed three feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

d.

Bay windows, balconies, and chimneys may project a distance not exceeding 30 inches, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(6)

When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 75 percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements.

(7)

Setback averaging. When a majority of the lots have existing principal structures on them and the street setbacks of said principal structures are on lots within the same block, with the same zoning classification and fronting on the same side of the street, and are less than the required street setback, applicants shall be allowed to use the "average" street setback on that block. In such cases, the "average setback" shall be the mean (average) setback of all developed lots on the same side of the street within the same block as the subject property and with the same zoning classifications; provided that in no case shall more than six lots on either side of the subject property be included in the calculation.

(8)

When adjacent to an R-1 district, multifamily residential and nonresidential structures over 35 feet in height shall have an additional eight-foot side and rear setback for every additional story or 15 feet in building height. The measure resulting in the greatest setback should be used.

(9)

Single-family attached uses shall be exempt from interior side setback requirements, provided that end units within a single-family attached development shall comply with applicable side setback requirements. Such uses may also be exempted from lot width requirements.

(10)

In districts in which zero lot line developments may be permitted, dwelling units within a zero lot line development may be placed on or near one interior side lot line, and therefore be exempt from that interior side setback requirement. Zero lot line setbacks may not be used on street side lot lines or on interior side lot lines adjacent to lots that are not part of the zero lot line development. Zero lot line houses shall be subject to applicable fire codes and the following additional standards:

a.

The minimum distance between all buildings in the development must be equal to twice the side setback required by the underlying zoning district. A deed restriction must be recorded on the deed of each applicable lot to ensure continued compliance with this setback.

b.

An easement to allow for maintenance or repair is required when the eaves or side wall of a house are within four feet of the adjacent property line. The easement on the adjacent property must provide at least five feet of unobstructed space between the furthermost projection of the structure, and be wide enough to allow five feet between the eaves or side wall and the edge of the easement.

c.

If the sidewall of the house is on the property line, or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed.

(11)

Maximum height limitation.

a.

The maximum height limitation is 35 feet in all residential zones with the exception of the R-3 district, where the limitation is 75 feet.

b.

Chimneys, smokestacks, ventilators, cooling and water towers, bulkheads, grain elevators and silos, utility and flagpoles, belfries, spires and steeples, and monuments and ornamental towers may be erected to any height not in conflict with other city ordinances or federal regulations. Communication towers are exempt only to the extent authorized through conditional use approval.

(Ord. No. 754, § 8-151, 7-6-2006; Ord. No. 933, § 1, 5-21-2013; Ord. No. 1033, § 1, 4-16-2019; Ord. No. 1068, § 1, 12-15-2020)

Editor's note— Sec. 1 of Ord. No. 1068, adopted December 15, 2020, revoked § 16-140, which pertained to office districts, and derived from Ord. No. 754, adopted July 6, 2006.

Editor's note— Sec. 1 of Ord. No. 1068, adopted December 15, 2020, revoked § 16-141, which pertained to retail districts, and derived from Ord. No. 754, adopted July 6, 2002.

(a)

General description. Three commercial districts are designated to accommodate a variety of commercial enterprises, including retail, office, and service uses, in harmony with surrounding environments and encouraging a mix of uses that serve the various needs of the community.

(1)

C-1 neighborhood commercial. This district is designated for commercial enterprises that provide essential goods and services to surrounding neighborhoods and typically accommodates lower-intensity commercial uses. It is intended for the development of adaptable mixed-use neighborhood centers that promote walkability and placemaking and encourage intermediate neighborhood residential development that transitions to suburban neighborhood residential development.

(2)

C-2 urban thoroughfare commercial. This district is designated for commercial uses that depend on high visibility, generate high volumes of traffic, and/or cater to the traveling public. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted. It is located adjacent to major thoroughfares and accommodated higher-intensity commercial uses and permits the thoughtful integration of intermediate and urban neighborhood residential uses to facilitate sustainable economic development. The ground floor of the first twenty-five (25) percent of the parcel but not less than two hundred (200) feet shall be dedicated to nonresidential uses. The depth shall be measured from the right-of-way of any public street. This requirement shall not apply if fifty (50) percent of the total square footage of proposed structures is dedicated to retail uses.

(3)

C-3 central commercial. This district is designated for high-intensity, mixed-use, spatially compact development that accommodates commercial, office, governmental, and related uses, including urban neighborhood residential development. The intent is to encourage development that respects and preserves the historic heritage of Lowell and creates walkable, livable communities that support a flexible and dynamic range of uses, including public amenities and attractions as well as a mix of housing types in conjunction with commercial enterprises.

(Ord. No. 754, § 8-154, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020; Ord. No. 1136, § 1(Exh. A), 3-19-2024)

Editor's note— Sec. 1 of Ord. No. 1068, adopted December 15, 2020, revoked § 16-143, which pertained to TC, town center district, and derived from Ord. No. 745, adopted July 6, 2002.

The industrial zoning district is applied to areas intended for a range of commercial, light manufacturing and assembly, truck transport and freight terminals, warehousing and storage, wholesaling, packaging, fabrication, display and such limited manufacturing as would mostly be contained within a building, and does not create a nuisance for residential and commercial neighbors.

(Ord. No. 754, § 8-156, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020)

(a)

Uses permitted in the foregoing districts are set forth in the table below. Where the letter "P" appears opposite a listed use and underneath a district, the use is permitted in that district "by right" subject to:

(1)

Providing off-street parking and loading facilities as required by section 16-254;

(2)

Providing landscaping and screening as required by section 16-256; and

(3)

Conformance with special conditions applying to certain uses as set forth in division 7 of this article, the town center district or by other separate regulation.

(b)

Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a conditional use permit as set forth in section 16-172. Where neither "P" nor "C" appears similarly within the table, the use is not permitted. Any uses which are not listed in the following table will be permitted only upon application for a conditional use permit and approval for such permit by the planning commission.

(c)

Karst areas are those identified in the Lowell Karst Study Area map found on the City of Lowell website. Because karst areas have a high degree of connectivity between surface water and groundwater, activities and uses that post a potential threat to water quality are prohibited.

(Ord. No. 754, § 8-157, sched., 8-30-2006; Ord. No. 848, sched., 8-19-2008; Ord. No. 870, § 1, 4-6-2010; Ord. No. 960, § 1, 9-15-2015; Ord. No. 994, § 1, 8-15-2017; Ord. No. 1006, § 1, 1-16-2018; Ord. No. 1032, § 1, 4-16-2019; Ord. No. 1063, § 1, 10-20-2020; Ord. No. 1063, § 1, 10-20-2020; Ord. No. 1068, § 1, 12-15-2020; Ord. No. 1104, § 1(Exh. A), 4-19-2022; Ord. No. 1117, § 1, 5-16-2023; Ord. No. 1125, § 1, 10-17-2023; Ord. No. 1146, § 1, 7-16-2024)

No lot or yard shall be established or reduced in dimension or area in any nonresidential district that does not meet the minimum requirements in the table that follows; nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

NP = Not permitted.

NS = No written standard. Will be reviewed/approved during planning process.

* Commercial structures will be limited to 45 feet unless the development structure has the following uses: Hotel, warehouse distribution center, multi-tenant office development. These listed developments shall be limited to 150 feet.

(1)

Size reduced for public purpose. When an existing lot is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining area is at least 75 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with minimum lot size requirements.

(2)

Utility exemption. Utility facilities, using land or an unoccupied building requiring less than 1,000 square feet of site area, are exempt from minimum lot size requirements. Screening and compatible architecture are required.

(3)

Setback reduced for public purpose. When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining setback is at least 75 percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements. Setbacks of less than 75 percent of the required minimum will require approved variance request.

(4)

Setback averaging. When a majority of the lots have existing principal structures on them and the street setbacks of said principal structures are on lots within the same block, with the same zoning classification and fronting on the same side of the street and are less than the required street setback, applicants shall be allowed to use the "average" street setback on that block. In such cases, the "average setback" shall be the mean (average) setback of all developed lots on the same side of the street within the same block as the subject property and with the same zoning classifications, and in no case shall more than six lots on either side of the subject property be included in the calculation.

(5)

Setbacks increased by height. When adjacent to an R-1 districts, multifamily residential and nonresidential structures over 35 feet in height shall have an additional eight-foot side and rear setback for every additional story or 15 feet in building height. The measure resulting in the greatest setback should be used.

(6)

Maximum height exclusions. Chimneys, smokestacks, ventilators, cooling and water towers, bulkheads, grain elevators and silos, utility poles and flagpoles, belfries, spires and steeples, and monuments and ornamental towers may be erected to any height not in conflict with the other city ordinances or federal regulations. Communication towers are exempt only to the extent authorized through conditional use approval, if such use is not a use permitted by right.

(7)

When a nonresidential zone abuts a residential zone, minimum setbacks for the residential zone shall be the same as that setback for the abutting nonresidential zone.

(Ord. No. 754, § 8-158, 7-6-2006; Ord. No. 1059, § 1, 9-15-2020; Ord. No. 1068, § 1, 12-15-2020; Ord. No. 1105, § 1(Exh. A), 4-19-2022)

Editor's note— Sec. 1 of Ord. No. 1068, adopted December 15, 2020, revoked § 16-147, which pertained to overlay, special purpose districts, and derived from Ord. No. 754, adopted July 6, 2002.

Editor's note— Sec. 1 of Ord. No. 1068, adopted December 15, 2020, revoked § 16-148, which pertained to planned unit development (PUD) zone, and derived from Ord. No. 754, adopted July 6, 2006.