[Ord. No. 161 §14, 10-5-1971; Ord. No. 172 §1, 2-5-1974; Ord.
No. 238 §2, 4-9-1985]
A. Any
of the following uses may be located in any district by special use
permit of the Board of Aldermen after public hearing and after recommendation
of the Planning Commission, under such conditions as to operation,
site development, parking, signs and time limit as may be deemed necessary
in order that such use will not seriously injure the appropriate use
of neighboring property and will conform to the general intent and
purpose of this Chapter. Such uses shall comply with the height and
area regulations of the district in which they may be located, except
that radio, television and microwave towers and drive-in theater screens
may exceed said height regulations.
1. Amusement parks, commercial baseball or athletic fields, racetracks,
circuses, carnivals or fairgrounds.
2. Aviation fields or airports.
3. Cemeteries, mausoleums or crematories for the disposal of the human
dead.
6. Golf driving ranges, commercial or illuminated.
7. Fishing and other water-oriented camps and resorts including sales
of commodities and services customarily appurtenant to such uses.
8. Gun clubs, skeet shoots or target ranges.
9. Hospitals for the mentally incompetent or alcoholic or drug addicts
or penal or correctional institutions.
10. Mines or quarries, including the removing, screening, crushing, washing
or storage of ore, sand, clay, stone, gravel or similar materials,
provided however, that no special use permit shall be issued until
and unless the locations, site plan and method of operation, including
necessary structures, have been submitted to and approved in writing
by the City Commissioners after report from the Planning Commission,
which permit shall be for a limited period of time not to exceed five
(5) years.
11. Nursery sales office, building or greenhouse (wholesale or retail).
12. Radio, television and microwave towers.
13. Real estate sales office.
15. Reservoirs, wells, towers, filter beds or water supply plants.
16. Riding stables and tracks.
17. Sewage, refuse, garbage disposal plants or sanitary fills.
18. Storage and sale of L.P. gas other than bulk plants.
19. Swimming pools, commercial.
20. Buildings, structures and premises for public utility services or
public service corporations, which buildings or uses the Board of
Aldermen, after report of the Planning Commission, deem reasonably
necessary for public convenience or welfare.
[Ord. No. 161 §15, 10-5-1971]
A. Non-Conforming Uses Discontinued. All signs, billboards
and lots used for storage that do not require a building, made non-conforming
by this Chapter or amendments thereto shall be removed within two
(2) years from the date of adoption of this Chapter or amendments
thereto.
B. Non-Conforming Uses Continued Or Changed. The lawful use
of a building existing at the time of the effective date of this Chapter
may be continued although such use does not conform to the provisions
hereof. If no structural alterations are made, a non-conforming use
of a building may be changed to another non-conforming use of equal
or higher classification. Whenever a non-conforming use has been changed
to a use of higher classification or to a conforming use, such use
shall not thereafter be changed to a non-conforming use of lower classification.
C. Non-Conforming Use Due To Change In Zoning. Whenever the
use of a building becomes non-conforming through an amendment to the
zoning ordinance or Zoning District Map, such use may be continued
and if no structural alterations are made, it may be changed to another
non-conforming use of equal or higher classification.
D. Non-Conforming Use Stopped Or Discontinued. In the event
that a non-conforming use of any building or premises is discontinued
or its normal operation stopped for a period of one (1) year, the
use of the same shall thereafter conform to all regulations of the
district in which it is located.
E. Non-Conforming Use Enlarged. A non-conforming use of a building
or a building containing a non-conforming use, except single-family
dwellings, may not be enlarged, extended, reconstructed or altered
unless such use is made to conform to the regulations of the district
in which it is located, provided however, that in case of evident
hardship a building containing a non-conforming use may be enlarged
by variance from the Board of Adjustment after public hearing. A non-conforming
use of a lot of record for storage purposes or for advertising signs,
and which lot contains no buildings, shall not be extended, enlarged
or expanded.
F. Non-Conforming Use Destroyed Or Damaged. When a building
containing a non-conforming use other than a dwelling is damaged by
fire, explosion or other casualty, act of God or the public enemy
to the extent of more than seventy-five percent (75%) of its reasonable
value, exclusive of foundations, it shall not be restored, rebuilt
or repaired unless it is made to conform to the regulations of the
district in which it is located. If a building containing a non-conforming
use is damaged by fire, explosion or other casualty, act of God or
the public enemy to the extent of less than seventy-five percent (75%)
of its reasonable value, it may be restored to its original size,
provided such restoration is completed within twelve (12) months of
the date of destruction and, further provided, that any necessary
litigation shall not be counted as part of the twelve (12) months
allowed for restoration.
[Ord. No. 161 §16, 10-5-1971]
A. The
regulations and requirements as to height of buildings and area of
lots which may be occupied by buildings, front yards, side yards,
rear yards and other regulations and requirements in the foregoing
Sections of this Chapter shall be subject to the following exceptions
and additional regulations.
1. Height.
a. In any district, public or semi-public buildings, such as hospitals,
hotels, churches, sanitariums or schools, either public or private,
where permitted, may be erected to a height not exceeding seventy-five
(75) feet, provided that such buildings shall have yards which shall
be increased one (1) foot on all sides for each additional foot that
such buildings exceed the specified height limit as established by
the regulations of the district in which such buildings are situated.
b. Dwellings in Districts "R-1" or "R-2" may be increased in height
not exceeding ten (10) feet in addition to the limitations of two
and one-half (2½) stories or thirty-five (35) feet as prescribed
in such districts, provided that two (2) side yards of not less than
twenty (20) feet in width, each, are provided. In no case shall such
dwelling, however, exceed three (3) stories in height.
c. Parapet walls and false mansards shall not extend more than six (6)
feet above the height limit. Flagpoles , chimneys, cooling towers,
elevator bulkheads, penthouses, finials, tanks, grain elevators, stacks,
storage towers, radio towers, ornamental towers, monuments, cupolas,
domes, spires, standpipes and necessary mechanical appurtenances may
be erected as to height in accordance with existing or hereafter enacted
laws affecting the same.
d. On through lots one hundred twenty-five (125) feet or less in depth,
the height of a building may be measured from the centerline level
of either street. On through lots of more than one hundred twenty-five
(125) feet in depth, the height regulations for the street permitting
the greater height shall apply to a depth of not more than one hundred
twenty-five (125) feet from that street.
2. Area per family.
a. On lots where a public or community sewer is not available, the Board
of Adjustment may by variance reduce the minimum lot area per family
after proof by established and approved percolation tests that the
soil conditions on that lot will safely permit a smaller absorption
area.
b. For any building providing jointly for hotel and apartment house
uses, the number of families permitted in apartments by the lot area
requirements per family shall be reduced in the same proportion as
the total floor area devoted to hotel or non-housekeeping rooms bears
to the total floor area devoted to both uses.
3. Yard exceptions.
a. In Districts "R-1" and "R-2", where lots comprising forty percent
(40%) or more of the frontage, on the same side of a street between
two (2) intersecting streets, (excluding reverse corner lots) are
developed with buildings having front yards with a variation of not
more than ten (10) feet in depth, the average of such front yards
shall establish the minimum front yard depth for the remainder of
the frontage; provided that the Board of Adjustment may permit a variance
in case of hardship or where the configuration of the ground is such
as to make conformity with the front yard requirements impractical.
b. Where an official line has been established for future widening or
opening of a street or highway upon which a lot abuts, then the depth
or width of a yard shall be measured from such official line to the
nearest line of the building.
c. Every part of a required yard or court shall be open from its lowest
point to the sky unobstructed, except for the ordinary projection
of sills, belt courses, cornices, chimneys, buttresses ornamental
features and eaves, provided however, that none of the above projections
shall extend into a court more than six (6) inches nor into a required
yard more than thirty (30) inches and, provided further, that canopies
or open porches having a roof area not exceeding sixty (60) square
feet may project a maximum of six (6) feet into the required front
or rear yard; and existing open porches extending into the required
yard shall not be enclosed.
d. An open fire escape may project into a required side yard not more
than half the width of such yard, but not more than four (4) feet
from the building. Fire escapes, solid floored balconies and enclosed
outside stairways may project not more than four (4) feet into a rear
yard.
e. In any district, a detached accessory building not exceeding twenty-four
(24) feet or two (2) stories in height, or in any case not higher
than the main building, may occupy not more than thirty percent (30%)
of a rear yard.
f. On any corner lot there shall be no planting, structure, fences or
obstruction to vision more than three (3) feet higher than the street
level within twenty-five (25) feet of the intersection of the street
lines.
g. No rear yard shall be required in Districts "C-1" to "M-2" inclusive
on any lot used for business or industrial purposes, the rear line
of which adjoins a railway right-of-way or which has a rear railway
track connection.
h. In computing the depth of a rear yard for any residential building
where such yard abuts an alley, one-half (½) of such alley
may be assumed to be a portion of the rear yard.
i. A through lot having one (1) end abutting a limited access highway,
with no access permitted to that lot from said highway, shall be deemed
to front upon the street which gives access to that lot.
[Ord. No. 161 §17, 10-5-1971]
A. The
owner or owners of any tract of land comprising an area of not less
than three (3) acres in any district, except Districts "R-1", "M-1"
or "M-2", may submit to the Planning Commission of the City of Lincoln
a plan for the use and development of all of the tract of land for
residential purposes and shall present specific evidence and facts
showing whether or not the proposed plan meets the following conditions:
1. Property adjacent to the area included in the plan will not be adversely
affected.
2. The plan is consistent with the intent and purpose of this Chapter
to promote public health, safety, morals or general welfare.
3. The buildings shall be used only for single-family dwellings, two-family
dwellings or multiple-family dwellings and the usual accessory uses,
such as garages, storage space or community or administrative activities.
4. The average lot area contained in the site will not be less than
two thousand (2,000) square feet per family.
5. The buildings do not exceed two (2) stories in height.
B. The
plan need not provide for the customary street and lot layout or the
normal application of the yard and area requirements to individual
building units.
C. If
the Planning Commission and the Board of Aldermen approve the plans,
after a public hearing thereon, building permits may be issued even
though the location of the buildings to be erected in the area and
the yards and open spaces contemplated by the plan do not conform
in all respects to the district regulations of the district in which
it is located.
[Ord. No. 161 §18, 10-5-1971]
A. For
all buildings or structures hereafter erected, constructed, reconstructed,
moved or altered, except those located in District "C-2", off-street
parking in the form of private garages, carports or open areas made
available exclusively for that purpose shall be provided. The parking
area provided for each car space shall be at least eight and one-half
(8.5) by twenty (20.0) feet plus the maneuvering space necessary to
utilize each space. No portion of a parking area except the necessary
drives shall extend into a public street or alley. Entrances to and
exits from parking areas from a street shall be not greater than thirty-five
(35) feet in width. Any lights used to illuminate said parking areas
shall be directed away from any adjacent residential district.
1. Parking for single- and two-family dwellings. For
all single- and two-family dwellings there shall be provided two (2)
off-street parking spaces for each family unit, such parking area
to be located on the same lots as the main building or buildings or
in a community garage in the same block.
2. Parking for apartments, apartment hotels, hotels, clubs,
motels and tourist courts. For all apartment houses and apartment
hotels, there shall be provided two (2) off-street parking spaces
in the side or rear yard for each family unit. For all hotels, clubs,
motels and tourist courts, there shall be provided one (1) off-street
parking space for each sleeping room. In addition, any restaurant
which is an accessory use to any of the above uses shall provide one
(1) off-street parking space for each four (4) patron seats in said
restaurant. Such parking area shall be located on the same lot as
the main building or on a lot within three hundred (300) feet either
on land zoned for business or industry or by special use permit on
land zoned for residence.
3. Parking for hospitals and institutions. For all
hospitals and institutions there shall be provided one (1) off-street
parking space for each three (3) beds plus one (1) space for each
two (2) staff members and employees. Penal institutions need only
to provide parking for the staff and employees. Such parking area
shall be located on the same lot as the main building or on a lot
within three hundred (300) feet either on land zoned for business
or industry or by special use permit on land zoned for residence.
4. Parking for places of assembly. For all theaters,
churches, funeral chapels, stadium and auditoriums there shall be
provided one (1) off-street parking space for each four (4) patron
seats used during a peak attendance period. Such parking area shall
be located on the same lot as the main building or on a lot within
three hundred (300) feet either on land zoned for business or industry
or by special use permit on land zoned for residence.
5. Parking for business buildings. For all business
or commercial buildings, except those in a District "C-2", there shall
be provided one (1) off-street parking space for each two hundred
(200) square feet of service floor area in the building. Such parking
area shall be located on the same lot as the main building or on a
lot within three hundred (300) feet either on land zoned for business
or industry or by special use permit on land zoned for residences.
6. Parking for industrial buildings. For all industrial
buildings there shall be provided one (1) off-street parking space
for each two (2) employees. Such parking area shall be located on
the same lot as the main building or within five hundred (500) feet
either on land zoned for business or industry or by special use permit
on land zoned for residence.
7. Loading space for business and industry. Any business
or industrial building, hospital, institution or hotel hereafter erected,
constructed, reconstructed or altered in any district shall provide
adequate off-street facilities for the loading and unloading of merchandise
and goods within or adjacent to the building in such a manner as not
to obstruct freedom of traffic movement on the public streets, alleys
or sidewalks.
B. The
Board may grant a variance reducing the number of spaces required
above, provided that it is proven that such number of spaces required
above is unnecessary for that specific use or that to provide such
number of spaces required above would work undue hardship on the applicant.
C. All
parking areas and loading spaces required in paragraphs (2) to (7)
inclusive above shall provide adequate surfacing and screening so
as to emit no offensive dust, dirt, glare or noise or noxious gases,
when such lot or space abuts a lot in Districts "R-1" or "R-2".
[Ord. No. 161 §19, 10-5-1971; Ord. No. 522 §1, 8-10-2009]
A. Signs
shall be permitted in all districts as follows:
1. Districts "R-1" and "R-2".
a. One (1) non-illuminated sign per building, not more than one (1)
square foot in area, mounted flat against the building, indicating
a permitted home occupation.
b. In District "R-2" one (1) non-illuminated sign, not more than four
(4) square feet in area, shall be permitted at each major entrance
to an apartment building, provided such sign shall be attached flat
against the wall of said building, projecting not more than three
(3) inches therefrom and shall bear no advertising.
c. One (1) non-illuminated "For Sale" or "For Rent" sign per lot, not
more than eight (8) square feet in area.
d. One (1) illuminated or non-illuminated sign per church, not more
than sixteen (16) square feet in area on church premises, indicating
activities and services therein provided.
e. One (1) non-illuminated sign per building, not more than sixteen
(16) square feet in area, showing names of architects, engineers,
builders or contractors on the premises of a building being constructed,
provided such sign shall be removed upon completion of the building.
2. District "C-1" Local Business District. Signs limited
to those listing name of or products, activities or services offered
on the premises. Such signs shall comply with the height and yard
regulations of the "C-1" District.
3. Districts "C-2", "C-3", "M-1", "M-2". In Districts
"C-2", "C-3", "M-1" and "M-2" signs of all types shall be permitted
where otherwise permitted by ordinance, provided such signs shall
comply with the height and yard regulations of the district in which
they are located.
4. Highway 65 corridor. In Districts "C-2", "C-3",
"M-1" and "M-2" where the Highway 65 corridor dissects these zones:
signs of all types shall be permitted, provided such signs shall comply
with the yard setback regulations of the Missouri Department of Transportation
easements in which they are located.
B. All
signs visible from any point beyond the lot line shall be subject
to these regulations.
[Ord. No. 161 §21, 10-5-1971]
A. Nothing
herein contained shall require any change in the plans, construction
or designated use of a building, the foundation for which has been
completely constructed at the time of the adoption of this Chapter
and the remaining construction of which shall have been completed
within one (1) year of the date of the adoption of this Chapter. In
addition, any commercial or industrial building or structure, for
which a permit has been approved by the City of Lincoln not more than
twelve (12) months prior to the adoption of this Chapter, may be constructed
according to the terms of that permit.
B. The
Board of Adjustment may, during a period of one (1) year from the
date of the adoption of this Chapter and after public hearing, order
the Building Inspector to issue a building permit for the erection,
construction, reconstruction or alteration of a building or structure,
which building or structure cannot reasonably comply with one (1)
or more of the provisions of this Chapter, provided:
1. A vested right in such building or structure has been acquired by
the applicant and that the existence of such vested right be proven
beyond reasonable doubt.
2. A substantial amount of said vested right would be lost if all regulations
of this Chapter were complied with.
3. Said erection, construction, reconstruction or alteration be carried
out diligently and be completed within one (1) year of the date of
the building permit issued therefor.