The City of Lincoln is hereby divided into zones, or districts,
as shown on the Official Zoning Map, which together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
a part of this article. The Official Zoning Map consists of a map
and text. The City of Lincoln shall maintain the Map at a convenient
location designated by the Mayor and filed with the City Clerk. Although
copies of the Map or portions thereof may be distributed to the public
in paper or digital form, the Official Zoning Map consists of the
digital copy as shown on the City of Lincoln's official website, as
kept by the City of Lincoln's Information Systems Department, and
designated as such, and as amended by ordinance adopted by the City
Council and signed by the Mayor and maintained in City Hall.
[Amended 9-15-2020 by Ord. No. 2020-23]
For the purpose of this Zoning Code, the City is hereby divided
into land use zoning districts, as follows:
R-1
|
Low-Density Residential
|
R-2
|
Medium-Density Residential
|
R-3
|
Medium-High Density Residential
|
R-A
|
Residential Agricultural
|
R-D
|
Downtown Residential
|
B-1
|
Downtown Mixed Use
|
B-2
|
Highway Mixed Use
|
M-1
|
Light Industrial
|
M-2
|
Heavy Industrial
|
PUD
|
Planned Unit Development
|
The regulations contained herein are adopted giving due consideration
to the Comprehensive Land Use Plan. Thus, the requirements of the
UDC shall take precedence over the policies of the Comprehensive Land
Use Plan. Any conflict therewith should not be considered basis for
challenge.
When uncertainty exists with respect to the boundaries of the
various districts as shown on the Zoning Map, the following rules
shall apply:
A. District boundary lines are intended to follow either the center
line of blocks, highways, streets, alleys, easements, property lines,
or the boundary lines of sections, quarter sections, divisions or
sections, tracts or lots, or such lines extended unless otherwise
indicated.
B. In the absence of specific distances, such dimensions shall be determined
by the scale of the Official Map, or by supplemental certified rezoning
filings with more precise legal descriptions of specific parcels.
C. When the street or property layout existing on the ground is at variance
with that shown on the Official Zoning Map, the Board of Adjustment
shall interpret the district boundaries of these regulations.
All land annexed to the City of Lincoln after the adoption of
this code shall be governed by the following procedures:
A. Territory annexed to the City of Lincoln shall be zoned A-1 Agricultural
unless the Planning Commission recommends a change of zoning after
holding a public hearing, notice of which shall be published in a
newspaper of general circulation in the City of Lincoln at least one
time 15 calendar days prior to the hearing, and the City Council adopts
the recommended zoning at the time of certification of the annexation.
B. The owners of the property being annexed shall have the right to
petition the Planning Commission for a change of zoning at the time
of annexation.
C. An accurate plat of any newly annexed area shall be submitted by
the owner(s)/developer(s) to the Planning Commission for the purpose
of zoning. No building permits shall be issued, nor shall applications
for review as listed in Division 2.2 of these regulations, be accepted
by the City prior to the completion of annexation.
When a use is not specifically listed as a permitted or conditional
use within a particular zoning district, the Planning Commission shall
determine if the use is substantially similar in its character and
external impacts to the already listed permitted and conditionally
permitted uses. If the use can be determined to be substantially similar
in its character and external impacts, it shall be allowed as a permitted
or conditional use. In making such determination the Planning Commission
shall consider the similarity of the use and its impacts to other
permitted or conditional uses within the zoning district. If the use
is not listed as permitted and cannot be determined to be substantially
similar in its character and external impacts, it shall be considered
prohibited.
Any single lot or parcel of land, which was of record at the
time of adoption of this code, that does not meet the requirements
of minimum lot width or area specified for the zoning district in
which it is located, or which was built upon such that the building
setback, yards, open space, building height, or location of parking
or loading spaces do not now comply with the requirements for the
district in which it is located, may be utilized for a permitted use
with the yards, courts, or usable open spaces reduced to not less
than 75% of the dimensions specified for the district in which it
is located.