Title 18 — ZONING

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Title 18 - ZONING

DIVISION I. - GENERAL PROVISIONS CHAPTER 18.02 - INTRODUCTORY PROVISIONS

The ordinance codified in this title shall be known as, and may be cited and referred to as, the "Zoning Ordinance of the City of Lincoln, California."

(Ord. 357B §1.01.000, 1979)

This title applies to the incorporated area of the city.

(Ord. 357B §1.01.010, 1979)

(a)

The purpose of this title is to:

(1)

Regulate the use of buildings, structures and land between industry, business, residential use, and open space including agriculture, recreation, enjoyment of scenic beauty and the use of natural resources;

(2)

Regulate signs and billboards;

(3)

Regulate the location, height, bulk, number of stories and size of buildings and structures;

(4)

Regulate the size and use of lots, yards, courts and other open spaces;

(5)

Regulate the percentage of a lot which may be occupied by a building or structure;

(6)

Regulate the intensity of land use;

(7)

Establish requirements for off-street parking and loading;

(8)

Establish and maintain building setback lines;

(9)

Permit the creation of civic districts around civic centers, publicly owned parks, buildings or grounds, and establish the required regulations;

(10)

Divide the city into zoning districts of such number, shape and area as may be deemed best suited to carry out the purposes of this title;

(11)

Provide for the enforcement of the regulations of this title.

(b)

The purposes set forth in subsection (a) of this section are deemed necessary in order to encourage the most appropriate use of land; to conserve, protect and stabilize the value of property; to provide adequate open spaces for light and air; to prevent undue concentrations of population; to lessen congestion on the streets; to provide adequate provisions for community utilities; and to promote the public health, safety and general welfare. It is a further purpose of this title to implement and supplement the general plan of the city.

(Ord. 357B §1.01.020, 1979)

Whenever reference is made to any portion of this title, the reference applies to the ordinance codified in this title as adopted and also to any amendments or additions made after adoption.

(Ord. 357B §1.01.030, 1979)

The regulations set forth in this title within each district shall be minimum regulations and shall be uniform for each class or kind of building, structure or use of land throughout the district.

(Ord. 357B §1.01.040, 1979)

18.02.060 - Deadline for actions to annul or set aside.

Except as otherwise provided by law, any action by any person to set aside or annul any decision by any official of the city, the city planning commission or the city council pursuant to this title shall be void unless commenced within 60 days of the final determination of the official, planning commission or city council.

(Ord. 357B §1.01.050, 1979)

CHAPTER 18.03 - DEFINITIONS

This chapter provides definitions of the types of land uses, and other terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any of these definitions in this chapter conflict with definitions in other chapters of the Lincoln Municipal Code, these definitions prevail for the purposes of this chapter.

(Ord. No. 1072B, § 5(5.2B), 12-12-2023)

18.03.020 - Definitions of specialized terms and phrases.

Drive-thru entrance: The entrance to the drive-thru lane.

Drive-thru exit: The exit of the drive-thru lane.

Drive-thru facilities: Any portions of a commercial building from which the sale of prepared food and/or beverage (or nonfood/beverage goods or services such as pharmacy and automated bank tellers), is transacted through an attendant or an automated machine, to persons remaining in vehicles in designated stacking lanes.

Drive-thru lane: The portion of a drive-thru facility dedicated to channeling and storing vehicles while waiting, progressing, ordering and receiving goods or services, and exiting.

Stacking area: The portion of a drive-thru lane dedicated to storage of vehicles (also called the vehicle queuing space) before the ordering point or service window.

(Ord. No. 1072B, § 5(5.2C), 12-12-2023)

CHAPTER 18.04 - INTERPRETATION[[1]]

Footnotes:

--- ( 1 ) ---

Cross reference— For provisions on uncertain district boundaries, see Ch. 18.08 of this code.

18.04.010 - Jurisdiction of planning commission—Administrative advice.

The planning commission shall decide any question involving the interpretation or application of any provision of this title, subject to appeal of such decision to the city council. The planning commission shall

seek the advice of the city attorney and may seek the advice of any city department or officer before deciding on any question of interpretation.

(Ord. 357B §2.03.000(part), 1979)

Except as otherwise provided in this title, the listing of uses, buildings or structures which are expressly permitted in a particular district implies the exclusion of all other uses, buildings or structures in the district.

(Ord. 357B §2.03.000(part), 1979)

In interpreting and applying any provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort or general welfare.

(Ord. 357B §2.03.010(part), 1979)

18.04.040 - Effect on easements, covenants and other agreements—Conflicting provisions.

It is not intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are required by other ordinances, rules or regulations, or by easements, covenants or agreements, the regulations of this title shall govern. In the event of a difference or conflict between the text of this title and the official zoning maps contained in the ordinance codified in this title, the designations on the official zoning maps shall govern.

(Ord. 357B §2.03.010(part), 1979)

The community development director (CDD) shall have the authority to issue administrative interpretations of the provisions of this title to resolve ambiguities.

(1)

Record. A record of Interpretations shall be filed with the community development department.

(2)

Definition. Whenever the CDD determines that the applicability or meaning of any of the standards of this Title are ambiguous, the CDD may issue an official interpretation. Official interpretations shall be in writing, and shall cite the provisions being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstances that caused the need for interpretation. Any provision of this title that is determined by the CDD to be ambiguous shall be clarified by amendment as soon as is practical.

(3)

Appeal. Interpretation by the CDD may be appealed to the planning commission pursuant to Section 18.94.

(Ord. No. 964B, § 1, 5-8-2018)

DIVISION II. - DISTRICTS CHAPTER 18.06 - ESTABLISHMENT

18.06.010 - Zoning districts listed.

The zoning districts are as follows:

R-1 single-family residential district;

R-2 duplex residential district;

R-3 multiple residential district;

R-E residential estate district;

B-P business and professional district;

C commercial district;

H-C highway commercial district;

L-I light industrial district;

I industrial district;

A-D agricultural district;

O-S open space district;

PUB public uses;

PD planned development district; and

P parks.

(Ord. 357B §2.01.000, 1979; Ord. No. 929B, § 1, 12-13-2016)

18.06.020 - Open-space districts established.

The city council creates, as part of this title, this open-space zoning section. It is the express intent of the city council in so doing to comply with the requirements of Article 4, Chapter 4, Title 7 of the Government Code of California (Sections 65910 through 65912) added by Chapter 1590 of the 1970 Statutes. The following chapters and districts are designated the open-space districts for the city:

(1)

Chapter 18.18, R-E residential estate district;

(2)

Chapter 18.30, O-S open space district;

(3)

Chapter 18.32, PD planned development district. The planned development district shall be construed to be an open-space district if it is combined with either one, or both, of the districts specified in subsections (1) and (2) of this section.

(Ord. 357B §3.01.020, 1979)

CHAPTER 18.08 - BOUNDARIES AND OFFICIAL MAPS

The boundaries of the zoning districts listed in Section 18.06.010 are shown on the official zoning map for the city. The maps, all notations, references and other information contained thereon are declared to be part of this title. Each official map shall be identified by the section number of this chapter incorporating the map as part of this title.

(Ord. 357B §2.02.000, 1979)

The official zoning maps on file in the office of the city clerk shall be the final authority of the current zoning status of land, water areas, buildings and other structures within the city.

(Ord. 357B §2.02.010, 1979)

This section number is reserved for the identification of the official zoning maps and will be printed on the maps for clarification.

(Ord. 357B §2.02.020, 1979)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning maps, the following rules shall apply:

(1)

District boundaries are either streets or alleys unless otherwise shown, and where the designations of the map indicating the various districts are approximately bounded by street or alley lines, the street or alley shall be construed to be the boundary of such district.

(2)

Where doubt exists as to the location of a district boundary in the interior of a block, the boundary shall be the nearest interior lot line existing as of the effective date of the ordinance codified in this chapter or on the date when the property may have been subsequently rezoned.

(3)

If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive.

(Ord. 357B §2.03.020, 1979)

DIVISION III. - DISTRICT REGULATIONS CHAPTER 18.10 - SUITABILITY AND COMPLIANCE

It is declared that the city council has given due and special consideration to the suitability of each and every district designated for the particular uses enumerated, the area requirements, densities and the appropriateness of the grouping and arrangement of the uses in relation to the general plan for the city.

(Ord. 357B §3.01.000, 1979)

No building, structure, vehicle, sign or area in the city shall be used, nor shall any building, structure, sign or vehicle be erected, altered, moved, enlarged or stored in the city except as specifically provided in this title and subject to all the regulations and conditions enumerated in this title. No area shall be used in any manner so as to create problems inimical to the public health, safety or general welfare, or so as to have a detrimental effect on the use or value of property in the vicinity or within the city as a whole.

(Ord. 357B §3.01.010, 1979)

CHAPTER 18.12 - R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

Uses permitted in the R-1 district are as follows:

(1)

Single-family dwellings;

(2)

Accessory buildings as regulated by Section 18.36.050;

(3)

Home occupations as regulated by Chapter 18.62;

(4)

Accessory uses are regulated by Section 18.36.060;

(5)

ADUs as regulated by Chapter 18.37;

(6)

Transitional housing, defined in Health and Safety Code section 50675.2(h) as: buildings configured as rental housing developments, but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months;

(7)

Supportive housing, defined in Health and Safety Code section 50675.14(b)(2) as: housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community;

(8)

Manufactured Home. In accordance with Government Code section 65852.3 (Local Manufactured Homes Zoning);

(9)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.2A), 7-23-2024; Ord. No. 964B, § 3, 5-8-2018; Ord. No. 910B, § 2, 1-12-2016; Ord. No. 856B, § 3, 5-24-2011; Ord. 465B §1, 1984; Ord. 357B §3.02.000, 1979)

The following uses are permitted in the R-1 district subject to issuance of a conditional use permit by the planning commission:

(1)

Public utility buildings and uses, excluding equipment yard, warehouses or repair shops;

(2)

Churches, schools, parks and playgrounds;

(3)

Other uses which, in the opinion of the planning commission, are of a similar nature.

(Ord. 357B §3.02.010, 1979)

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by natural gas for the purpose of temporarily supplying electricity for human occupancy in residential buildings that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators shall be fueled by natural gas.

(3)

Emergency generators are not permitted on the roof of a building.

(4)

No emergency generator shall be installed prior to the issuance of a building permit.

(5)

Placement of an emergency generator shall be permitted a minimum five feet from any building or openable window and shall maintain three-feet of clearance from the generator and the adjacent property line.

(6)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(7)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels of 60 dBA CNEL and interior noise levels of 45 dBA CNEL.

Exception: Fuel powered portable emergency generators are permitted within the residential zone when providing temporary power to energize domestic appliances and tools. Portable generators shall not be connected to an electrical main or sub panel and not exceed the established noise standards as detailed in this provision.

Solar Energy System. A solar energy system as defined in Section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy systems is located, unless the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 1013B, § 1, 6-9-2020; Ord. No. 1001B, § 1, 11-12-2019; Ord. No. 1000B, § 1, 10-8-2019; Ord. No. 996B, § 1, 8-13-2019; Ord. No. 923B, § 1, 9-27-2016)

18.12.030 - Height regulations.

(a)

The maximum height for principal buildings and structures in the R-1 district shall be 35 feet.

(b)

The maximum height for accessory buildings and structures in the R-1 district shall be 16 feet.

(Ord. 357B §3.02.020, 1977)

The minimum area for each lot in the R-1 district shall be as follows:

(1)

Corner lot: 6,000 square feet;

(2)

Interior lot: 6,000 square feet.

(Ord. 357B § 3.02.030, 1979)

18.12.050 - Lot coverage.

The maximum lot coverage by all structures and buildings in the R-1 district shall not exceed 60 percent of the lot area.

(Ord. 748B § 1, 2003: Ord. 357B § 3.02.040, 1979)

The minimum lot width in the R-1 district shall be as follows:

(1)

Corner lot: 50 feet;

(2)

Interior lot: 50 feet.

(Ord. 357B § 3.02.050, 1979)

No building or structure shall be erected or enlarged in the R-1 district after the adoption of the ordinance codified in this chapter unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 20 feet in depth.

(2)

Rear Yard. For other than accessory buildings, there shall be a rear yard of not less than ten feet when structures are not adjacent to an alley. When adjacent to an alley, there shall be a rear yard of not less than five feet except as provided for in subsection 18.36.050(b). In addition, for all buildings and structures not less than 1,000 square feet shall remain uncovered on the rear one-third of each lot.

The rear yard setback for accessory buildings of 255 square feet in area or less: None required when the lot is adjacent to an alley, provided that for each one foot of rear yard setback provided an additional five square feet of building area is permitted up to a maximum of 15 additional square feet of building area; when not adjacent to an alley there shall be a rear yard setback of not less than five feet.

(3)

Side Yard. There shall be a side yard of not less than five feet.

(4)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(5)

Yards on Rights-of-Way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 799B § 2, 2006; Ord. 498B § 2, 1987; Ord. 456 § 1, 1984; Ord. 357B § 3.02.060, 1979)

18.12.080 - Development standards for conditional uses.

Development standards for conditional uses in the R-1 district are as follows:

(1)

Minimum lot area: 10,000 square feet;

(2)

Minimum lot width: 100 feet;

(3)

Minimum front-yard depth: 25 feet;

(4)

Minimum rear-yard depth: 20 feet;

(5)

Maximum height of building or structure: 45 feet.

(Ord. 357B § 3.02.070, 1979)

18.12.090 - Minimum area of single-family residences.

(a)

The minimum area for each single-family residence in the R-1 district shall be 1,200 square feet, excluding the garage or carport.

(b)

This section shall apply only to single-family residences built on lands which have been subdivided pursuant to a tentative or parcel map which has been approved by the city council on or after the effective date of the ordinance codified in this title.

(Ord. 362B § 1, 1979: Ord. 357B § 3.02.080, 1979)

CHAPTER 18.14 - R-2 DUPLEX RESIDENTIAL DISTRICT

Uses permitted in the R-2 district are as follows:

(1)

Single-family dwellings, subject to the regulations in Chapter 18.12;

(2)

Duplexes;

(3)

Triplexes;

(4)

Accessory buildings as regulated by Section 18.36.050;

(5)

Accessory uses are regulated by Section 18.36.060;

(6)

ADUs as regulated by Chapter 18.37;

(7)

Transitional housing, defined in Health and Safety Code section 50675.2(h) as: buildings configured as rental housing developments, but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months;

(8)

Supportive housing, defined in Health and Safety Code section 50675.14(b)(2) as: housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community;

(9)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.3A), 7-23-2024; Ord. No. 910B, § 2, 1-12-2016; Ord. No. 856B, § 4, 5-24-2011; Ord. 357B §3.03.000, 1979)

The following uses are permitted in the R-2 district subject to issuance of a conditional use permit by the planning commission:

(1)

Churches, schools, parks and playgrounds;

(2)

Public utility buildings and uses, excluding equipment yards, warehouses or repair shops;

(3)

Other uses of a similar nature.

(Ord. 357B §3.03.010, 1979)

18.14.025 - Accessory uses.

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by natural gas for the purpose of temporarily supplying electricity for human occupancy in residential buildings that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators shall be fueled by natural gas.

(3)

Emergency generators are not permitted on the roof of a building.

(4)

No emergency generator shall be installed prior to the issuance of a building permit.

(5)

Placement of an emergency generator shall be permitted a minimum five feet from any building or openable window and shall maintain three-feet of clearance from the generator and the adjacent property line.

(6)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(7)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels of 60 dBA CNEL and interior noise levels of 45 dBA CNEL.

Exception: Fuel powered portable emergency generators are permitted within the residential zone when providing temporary power to energize domestic appliances and tools. Portable generators shall not be connected to an electrical main or sub panel and not exceed the established noise standards as detailed in this provision.

Solar Energy System. A solar energy system as defined in Section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located, unless the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 1013B, § 2, 6-9-2020; Ord. No. 1001B, § 2, 11-12-2019; Ord. No. 1000B, § 2, 10-8-2019; Ord. No. 996B, § 2, 8-13-2019; Ord. No. 923B, § 2, 9-27-2016)

18.14.030 - Height regulations.

(a)

The maximum height for principal buildings and structures in the R-2 district shall be 35 feet.

(b)

The maximum height for accessory buildings or structures in the R-2 district shall be 16 feet.

(Ord. 357B §3.03.020, 1979)

The minimum area for each lot in the R-2 district shall be as follows:

(1)

Corner lot: 6,500 square feet;

(2)

Interior lot: 6,500 square feet.

(Ord. 357B §3.03.030, 1979)

18.14.050 - Lot area per duplex or triplex.

The minimum lot area in the R-2 district for a two-family unit shall be 6,500 square feet, and 7,500 square feet for a three-family unit.

(Ord. 357B §3.03.040, 1979)

18.14.060 - Lot coverage.

The maximum lot coverage by all structures and buildings in the R-2 district shall not exceed 50 percent of the lot area.

(Ord. 357B §3.03.050, 1979)

18.14.070 - Lot width.

The minimum lot width in the R-2 district shall be as follows:

(1)

Corner lot: 50 feet;

(2)

Interior lot: 50 feet.

(Ord. 357B §3.03.060, 1979)

18.14.080 - Yards.

No building or structure in the R-2 district shall, after the effective date of the ordinance codified in this title, be erected or enlarged unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 25 feet in depth.

(2)

Rear Yard. There shall be a rear yard for each lot of not less than ten feet. In addition, not less than 1,000 square feet shall remain uncovered on the rear one-third of each lot.

(3)

Side Yard. There shall be a side yard of not less than five feet.

(4)

Courtyard. There shall be a minimum distance between buildings and between buildings and accessory buildings and uses of not less than 15 feet.

(5)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(6)

Yards on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 357B §3.03.070, 1979)

Development standards for conditional uses in the R-2 district are as follows:

(1)

Minimum lot area: 10,000 square feet;

(2)

Minimum lot width: 100 feet;

(3)

Minimum front-yard depth: 25 feet;

(4)

Minimum rear-yard depth: 20 feet;

(5)

Maximum height of a building or structure: 45 feet.

(Ord. 357B §3.03.080, 1979)

CHAPTER 18.16 - R-3 MULTIPLE RESIDENTIAL DISTRICT

Uses permitted in the R-3 district are as follows:

(1)

Apartments;

(2)

Single-family dwellings, subject to the regulations of Chapter 18.12, duplexes and triplexes, subject to the regulation in Chapter 18.14;

(3)

Accessory buildings, subject to regulations in Section 18.36.050;

(4)

Accessory uses, subject to regulations in Section 18.36.060;

(5)

ADU as regulated by Chapter 18.37;

(6)

Transitional housing, defined as buildings configured as rental housing developments, but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months;

(7)

Supportive housing, defined as housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community;

(8)

Mobile home park, manufactured housing community, as defined in the California Health and Safety Code section 18210.7 and section 18214, any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobile homes, or recreational vehicles used for human habitation;

(9)

Boardinghouses, defined as: a structure in a residential zone wherein three or more individual rooms or suites of rooms with shared facilities such as kitchen, laundry, and bathrooms are rented or leased by the week, month, or year on a separate basis and one or more meals per day are provided to persons residing therein for compensation;

(10)

Group home, defined as: a facility which provides 24-hour care and supervision to children, provides services specified by the state of California Health and Human Service Agency, Department of Social Services to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home;

(11)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.4A), 7-23-2024; Ord. No. 910B, § 2, 1-12-2016; Ord. No. 880B, § 3, 3-26-2013; Ord. 856B, § 5, 5-24-2011; Ord. 803B § 1, 2006; Ord. 357B § 3.04.000, 1979)

18.16.020 - Conditional uses.

The following uses are permitted in the R-3 district subject to issuance of a conditional use permit by the planning commission:

(1)

Lodges;

(2)

Rest homes;

(3)

Clubhouses;

(4)

Churches, schools, parks, and playgrounds;

(5)

Public building (libraries, utilities, offices, fire stations, police stations, civic buildings, post offices and substations);

(6)

Townhouses, rowhouses, and condominiums;

(7)

Single room occupancy (SRO);

(8)

Other uses which, in the opinion of the planning commission, are of a similar nature to uses (1) through (7) above.

(Ord. No. 880B, § 4, 3-26-2013; Ord. 851B, § 2, 1-11-2011; Ord. 795B § 1, 2005: Ord. 778B § 2, 2004: Ord. 357B § 3.04.010, 1979)

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by natural gas for the purpose of temporarily supplying electricity for human occupancy in residential buildings that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators shall be fueled by natural gas.

(3)

Emergency generators are not permitted on the roof of a building.

(4)

No emergency generator shall be installed prior to the issuance of a building permit.

(5)

Placement of an emergency generator shall be permitted a minimum five feet from any building or openable window and shall maintain three-feet of clearance from the generator and the adjacent property line.

(6)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(7)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels of 60 dBA CNEL and interior noise levels of 45 dBA CNEL.

Exception: Fuel powered portable emergency generators are permitted within the residential zone when providing temporary power to energize domestic appliances and tools. Portable generators shall not be

connected to an electrical main or sub panel and not exceed the established noise standards as detailed in this provision.

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 1013B, § 3, 6-9-2020; Ord. No. 1001B, § 3, 11-12-2019; Ord. No. 1000B, § 3, 10-8-2019; Ord. No. 996B, § 3, 8-13-2019; Ord. No. 923B, § 3, 9-27-2016)

(a)

The maximum height for principal buildings and structures in the R-3 district shall be 35 feet; provided, that an additional one foot in height may be added, to a maximum height of 50 feet, for each additional foot of side yard added to the minimum side yard requirement.

(b)

The maximum height for accessory buildings or structures in the R-3 district shall be 16 feet.

(Ord. 357B § 3.04.020, 1979)

The minimum area for each lot in the R-3 district shall be as follows:

(1)

Corner lot: 8,500 square feet;

(2)

Interior lot: 8,500 square feet.

(Ord. 357B § 3.04.030, 1979)

The minimum lot area of a four-family unit in the R-3 district shall be 8,500 square feet, and for each additional unit an additional 1,000 square feet.

(Ord. 357B § 3.04.040, 1979)

The maximum lot coverage by all structures and buildings in the R-3 district shall not exceed 60 percent of the lot area.

(Ord. 357B § 3.04.050, 1979)

18.16.070 - Lot width.

The minimum lot width in the R-3 district shall be as follows:

(1)

Corner lot: 68 feet;

(2)

Interior lot: 68 feet.

(Ord. 357B § 3.04.060, 1979)

18.16.080 - Yards.

No buildings or structures shall be erected or enlarged in the R-3 district after the effective date of the ordinance codified in this chapter unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 25 feet in depth.

(2)

Rear Yard. There shall be a rear yard for each lot of not less than 15 feet.

(3)

Side Yard. There shall be a side yard of not less than five feet.

(4)

Courtyard. There shall be a minimum distance between buildings and between buildings and accessory buildings and uses of not less than 15 feet.

(5)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(6)

Building Sites on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 357B § 3.04.070, 1979)

18.16.090 - Development standards for conditional uses.

Development standards for conditional uses in the R-3 district shall be as follows:

(1)

Minimum lot area: 10,000 square feet;

(2)

Minimum lot width: 100 feet;

(3)

Minimum front-yard depth: 20 feet;

(4)

Minimum rear-yard depth: 20 feet;

(5)

Maximum height of a building or structure: 45 feet.

(Ord. 357B § 3.04.080, 1979)

18.16.100 - Performance standards for townhouses, rowhouses, and condominiums.

(a)

Townhouses, rowhouses, and condominiums will be subject to the following performance standards and will not be subject to the development standards set out in this chapter in Sections 18.16.030 through 18.16.090:

(1)

The maximum building height shall be three stories or 55 feet to accommodate architecturally enhanced upper stories and roof lines, and in the case of a garage with an accessory use, the maximum height shall be two stories or 35 feet.

(2)

The building shall be located between zero to 12.5 feet from the front property line, zero to ten feet from the street side property line, zero to ten feet from the interior side property line. No setback is required from the rear property line for the main building. A garage or ADU shall be set back a minimum of four feet from an alley. Different setback requirements may be considered due to public utility easements or other design factors when it is determined that such variations will result in a superior product.

(3)

The space between attached buildings shall be zero to ten feet and six to 15 feet if detached.

(4)

Building width shall be a minimum of 16 feet.

(5)

Second story bay windows, balconies, decorative eaves, or other architectural elements may encroach into the alley setback subject to city approval.

(6)

Garages and parking areas are encouraged to be located behind buildings. Alley access is encouraged.

(7)

Shared and/or phased parking solutions are encouraged. There shall be a minimum of two covered parking spaces per main unit and one parking space per ADU. The ADU space does not need to be covered and is subject to the standards set out in Section 18.37.060.

(8)

The city will establish the minimum lot size and dimensions as part of approving the conditional use permit.

(9)

Garages may have two stories. Interior stairwells are encouraged. Allowable uses for the second story of a garage are: ADU, bonus room, home occupation, storage, or play room.

(10)

ADUs must comply with the requirements set out in Chapter 18.37.

(b)

The above-referenced performance standards shall not be allowed and a conditional use permit for the townhouses, rowhouses, and condominiums shall not be approved if all of the following findings cannot be made:

(1)

That the height, setbacks, lot coverage, building massing, architectural style and quality, or other standard, makes a positive contribution to the overall character of the area and will be compatible with its surroundings;

(2)

That the standard will not result in unreasonable restrictions of light and air to adjacent properties or the public rights-of-way, or otherwise be detrimental to the public health, safety, and welfare; and

(3)

That the standard will support the city's housing policies and will result in a better overall project.

(Ord. No. 1080B, § 5(5.4B), 7-23-2024; Ord. 795B § 2, 2005)

18.16.200 - Performance standards for single room occupancy (SRO).

(a)

Definitions.

Single room occupancy facility - "single room occupancy facility (SRO facility)" means a property containing two or more single room occupancy (SRO) rooms.

Single room occupancy room (SRO Room) - "single room occupancy room (SRO room)" means a one-room living space intended for occupancy by not more than two persons as a place of permanent residence that is provided with individual or shared sanitary and bathing facilities and may or may not include individual or shared, full or partial, kitchen facilities.

(b)

All SRO facilities are subject to the performance standards from Section 18.16.200 and will be subject to the development standards set out in this chapter in Section 18.16.090.

(1)

Occupancy.

a.

SRO rooms shall be occupied by no more than two persons.

b.

SRO rooms shall be occupied as the primary resident of the tenant. Transient occupancy of SRO rooms shall not be allowed.

(2)

Proximity to transit and alternative transportation modality shall be considered and encouraged in the sitting of all SRO facilities.

(3)

Unit Size. SRO rooms shall be a minimum of 150 square feet in area and a maximum of 400 square feet in area.

(4)

Facilities.

a.

Kitchen. No kitchen facilities are required to be provided. Full or partial individual kitchen facilities may be provided for each room or one common (shared) kitchen/dining area may be provided if the developer/operator so desires.

b.

Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities shall be provided but may be provided within individual rooms, or may be shared.

c.

Laundry Facilities. A common laundry area shall be provided at a rate of not less than one washer and one dryer for the first ten rooms, with one additional washer and one additional dryer provided for every five additional rooms or fraction thereof.

d.

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

(5)

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules," rules that every resident is required to follow, shall be submitted as part of the use permit application.

(6)

Parking. Parking for SRO facilities shall be provided one space for every one SRO room, plus one space for the management unit or office and one space for each employee, if any, on maximum shift.

(7)

Storage for Residents. A private, secured storage space of not less than 50 cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(Ord. No. 880B, § 5, 3-26-2013)

CHAPTER 18.18 - R-E RESIDENTIAL ESTATE DISTRICT

Uses permitted in the R-E district are as follows:

(1)

One single-family residential dwelling;

(2)

Golf course;

(3)

Country club;

(4)

Light agricultural uses on more than ten acres;

(5)

The keeping and/or raising of household pets for personal use only;

(6)

Accessory structures and uses located on the same site with and necessary for the operation of a permitted use;

(7)

ADUs as regulated by Chapter 18.37;

(8)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.5A), 7-23-2024; Ord. No. 910B, § 2, 1-12-2016; Ord. 357B § 3.05.000, 1979)

18.18.020 - Conditional uses.

The following uses are permitted in the R-E district subject to issuance of a conditional use permit by the planning commission:

(1)

Agricultural crops, fruit trees, nut trees and vines;

(2)

Home occupations;

(3)

Other uses which the planning commission has determined are similar in nature.

(Ord. 357B § 3.05.010, 1979)

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 923B, § 4, 9-27-2016)

Special requirements in the R-E district shall be as follows:

(1)

A maximum of four-hooved livestock may be kept on each lot. Horses or cattle shall be corralled and/or pastured on not less than 20,000 square feet per animal. Other hoofed animals shall be corralled and/or pastured on not less than 10,000 square feet per animal.

(2)

For the keeping of any poultry, other domesticated bird life, or small domesticated mammals, an area of 20,000 square feet shall be required for each.

(3)

Any accessory structures used as barns, stables or corrals shall not be less than 30 feet from any abutting property line nor less than 50 feet from any abutting dwelling unit. No animal shall be pastured within 30 feet of any dwelling or patio on abutting property.

(4)

Fencing (except wire) or agricultural structures shall not be constructed from used or salvaged materials.

(5)

Corrals, pens, feed areas and permanently fenced pasture shall be maintained free from litter, garbage and accumulations of manure.

(6)

Materials used and products stored shall be adequately housed, or screened so that the health, safety and welfare of persons occupying the property or adjacent properties will not be jeopardized.

(Ord. 357B §3.05.020, 1979)

18.18.040 - Height regulations.

(a)

The maximum height for principal buildings and structures in the R-E district shall be 35 feet.

(b)

The maximum height for accessory buildings or structures in the R-E district shall be 16 feet.

(Ord. 357B §3.05.030, 1979)

The minimum area for each lot in the R-E district shall be as follows:

(1)

Corner lot: two and one-half acres;

(2)

Interior lot: two and one-half acres.

(Ord. 357B §3.05.040, 1979)

The maximum lot coverage by all structures and buildings in the R-E district shall not exceed 30 percent of the lot area.

(Ord. 357B §3.05.050, 1979)

The minimum lot width in the R-E district shall be as follows:

(1)

Corner lot: 100 feet;

(2)

Interior lot: 100 feet.

(Ord. 357B §3.05.060, 1979)

No building or structure in the R-E district shall, after the adoption of the ordinance codified in this title, be erected or enlarged unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 25 feet in depth.

(2)

Rear Yard. There shall be a rear yard for each lot of not less than 20 feet.

(3)

Side Yard. There shall be a side yard on each side of all buildings of not less than ten feet.

(4)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(5)

Building Sites on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the

general plan shall be determined as provided in Section 18.42.020.

(Ord. 357B §3.05.070, 1979)

The residential estate district shall not be created unless the following minimum area, depth and width of the district are provided:

(1)

Minimum district area: two and one-half acres;

(2)

Minimum district width: 100 feet;

(3)

Minimum district depth: 200 feet.

(Ord. 357B §3.05.080, 1979)

CHAPTER 18.20 - B-P BUSINESS AND PROFESSIONAL DISTRICT

Uses permitted in the B-P district shall be as follows:

(1)

Business and professional offices;

(2)

Personal service establishments entirely within a building;

(3)

Financial institutions (banks, title companies, savings and loan companies);

(4)

Accessory buildings, subject to regulations in Section 18.36.050;

(5)

Accessory uses, subject to regulations in Section 18.36.060;

(6)

ADUs as regulated by Chapter 18.37, only when a single-family dwelling exists on the lot or the singlefamily dwelling is proposed under 18.20.020—Conditional uses;

(7)

Other uses which, in the opinion of the planning commission has determined are of the same general character as those listed in this section and will not be obnoxious to abutting properties or detrimental to the area in which located;

(8)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.6A), 7-23-2024; Ord. No. 910B, § 2, 1-12-2016Ord. 357B § 3.06.000, 1979)

The following uses are permitted in the B-P district subject to issuance of a conditional use permit by the planning commission:

(1)

Single-family dwellings, subject to the regulations in Chapter 18.12;

(2)

Clinics;

(3)

Clubhouses;

(4)

Lodges;

(5)

Churches, schools, parks and playgrounds;

(6)

Public buildings (libraries, utilities, offices, fire stations, police stations, civic buildings, post offices and substations);

(7)

Bars, restaurants or coffee shops, if accessory to uses permitted in the district, and where entrance to such is from a lobby or court without direct access to a street or alley;

(8)

Ambulance services;

(9)

Funeral parlors and mortuaries;

(10)

Other uses of a similar nature.

(Ord. 483B § 1, 1986: Ord. 454B § 1, 1984: Ord. 357B § 3.06.010, 1979)

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 923B, § 5, 9-27-2016)

18.20.030 - Height regulations.

(a)

The maximum height for principal buildings and structures in the B-P district shall be 35 feet; provided, that an additional foot in height may be added, to a maximum height of 50 feet for each additional foot of side yard added to the minimum side yard requirement.

(b)

The maximum height for accessory buildings or structures in the B-P district shall be 16 feet.

(Ord. 357B § 3.06.020, 1979)

The minimum area for each lot in the B-P district shall be as follows:

(1)

Corner lot: 6,250 square feet;

(2)

Interior lot: 6,250 square feet.

(Ord. 357B § 3.06.030, 1979)

18.20.050 - Lot area per unit.

The minimum lot area for a one-unit use in the B-P district shall be 6,250 square feet. The minimum lot area for a two-unit complex shall be 6,250 square feet, and for each additional unit an additional 1,000 square feet will be required.

(Ord. 357B § 3.06.040, 1979)

18.20.060 - Lot coverage.

The maximum lot coverage by all structures and buildings in the B-P district shall not exceed 60 percent of the lot area.

(Ord. 357B § 3.06.050, 1979)

18.20.070 - Lot width.

The minimum lot width in the B-P district shall be as follows:

(1)

Corner lot: 50 feet;

(2)

Interior lot: 50 feet.

(Ord. 357B § 3.06.060, 1979)

18.20.080 - Yards.

No building or structure shall, after the effective date of the ordinance codified in this title, be erected or enlarged in the B-P district unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 20 feet in depth;

(2)

Rear Yard. There shall be a rear yard for each lot of not less than five feet except ten feet when adjacent to a residential district;

(3)

Side Yard. There shall be a side yard on each side of all buildings of not less than five feet;

(4)

Side Street Yard. On corner lots, there shall be a side street yard of not less than five feet;

(5)

Building Sites on Rights-of-way in General Plan. Front, side, side street and rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 793B § 1, 2005; Ord. 738B § 1, 2003; Ord. 357B § 3.06.070, 1979)

18.20.090 - Development standards for conditional uses.

Development standards for conditional uses in the B-P district are as follows:

(1)

Minimum lot area: 10,000 square feet;

(2)

Minimum lot width: 100 feet;

(3)

Minimum front-yard depth: 20 feet;

(4)

Minimum rear-yard depth: 20 feet;

(5)

Maximum height of a building or structure: 45 feet.

(Ord. 357B § 3.06.080, 1979)

CHAPTER 18.22 - C COMMERCIAL DISTRICT

Uses permitted in the C district are as follows:

(1)

Shopping center or mall;

(2)

Nursery, florist;

(3)

Quick-food establishment;

(4)

Newspaper stand;

(5)

Other collection facilities;

(6)

ADUs as regulated by Chapter 18.37, only when a multi-family dwelling structure exists on the lot or the multi-family dwelling structure is proposed under 18.22.030—Conditional uses;

(7)

Other uses which the planning commission has determined are of the same general character as those listed in this section and will not be obnoxious to abutting properties or detrimental to the area in which located;

(8)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.7A), 7-23-2024; Ord. No. 910B, § 2, 1-12-2016; Ord. 500B § 2, 1987; Ord. 357B, § 3.07.000, 1979)

18.22.020 - Uses permitted within a building.

All of the following uses are permitted in the C district provided they are conducted entirely within a building or structure:

(1)

Animal hospital;

(2)

Apparel store;

(3)

Bakery;

(4)

Barbershop;

(5)

Book or periodical store;

(6)

Department store;

(7)

Drugstore;

(8)

Financial institutions (banks, title companies, savings and loan companies);

(9)

Food store;

(10)

Furniture store;

(11)

Gift shop;

(12)

Hardware store;

(13)

Household appliance store;

(14)

Jewelry store;

(15)

Kennel for the purposes of temporarily boarding not more than 20 dogs or cats, each for a period not to exceed 30 days;

(16)

Laundromat;

(17)

Laundry agencies;

(18)

Offices (professional, business and utility);

(19)

Personal service establishments;

(20)

Photographic studios;

(21)

Photographic supplies;

(22)

Record store;

(23)

The sale of beer and wine associated bona fide eating place (restaurant), as defined by the California Alcohol Beverage Type 41 license. Outdoor service of beer and wine is allowed associated with the bona fide eating place (restaurant) with a valid Type 41 ABC License and requires an easily identifiable visual delineation of what is considered the approved service area, to the satisfaction of the community development director;

(24)

Retail store incidental to any other use authorized by this section;

(25)

Salon;

(26)

Stationery store;

(27)

Tattoo parlors and/or body piercing establishments;

(28)

Theater;

(29)

Toy store;

(30)

Variety store;

(31)

Other uses which the planning commission has determined are of the same general character as those listed in this section and will not be obnoxious to abutting properties or detrimental to the area in which located.

(Ord. No. 1104B, § 8, 3-10-2026; Ord. No. 1078B, § 5A, 2-27-2024; Ord. No. 1018B, § 2, 10-27-2020; Ord. No. 964B, §§ 4, 5, 5-8-2018; Ord. No. 829B, § 2, 1-8-2008; Ord. 807B § 7, 2006; Ord. 454B § 2, 1984: Ord. 446B § 1, 1983: Ord. 357B § 3.07.010, 1979)

18.22.025 - Accessory uses.

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by natural gas for the purpose of temporarily supplying electricity for human occupancy in commercial buildings that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators shall be fueled by natural gas.

(3)

Emergency generators are not permitted on the roof of a building.

(4)

No emergency generator shall be installed prior to the issuance of a building permit.

(5)

Placement of an emergency generator shall be permitted a minimum five feet from any building or openable window and shall maintain three-feet of clearance from the generator and the adjacent property line.

(6)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(7)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels 65dBA (CNEL).

Exception: Fuel powered portable emergency generators are permitted in the commercial zone when

providing temporary power to energize essential equipment, maintain operating hours and general maintenance. Portable generators shall not be connected to an electrical main or sub panel and not exceed the established noise standards as detailed in this provision.

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 1013B, § 4, 6-9-2020; Ord. No. 1001B, § 4, 11-12-2019; Ord. No. 1000B, § 4, 10-8-2019; Ord. No. 996B, § 4, 8-13-2019; Ord. No. 923B, § 6, 9-27-2016)

The following uses are permitted in the C district subject to issuance of a conditional use permit by the planning commission:

(1)

Apartments, hotels and motels, subject to the requirements of Chapter 18.16;

(2)

Ambulance services;

(3)

Automobile agencies (sales and service);

(4)

Automobile body and paint shop;

(5)

Automobile repair shop;

(6)

Bar;

(7)

Bowling alley;

(8)

Bus depot;

(9)

Heavy equipment sales and service;

(10)

Home improvement center;

(11)

Lumberyard;

(12)

Mortuary;

(13)

Outdoor storage, displays, sales, and rentals (including, but not limited to and by way of example only: propane tanks, rental kiosks, vending machines, clothing bins, and tires)

(14)

Parking lot;

(15)

Plumbing shop;

(16)

Public buildings (libraries, utilities, offices, fire stations, police stations, civic buildings, post offices and substations);

(17)

Service station (not including major repair or overhaul, when part of a shopping center);

(18)

Sheet metal shop;

(19)

Tire shop;

(20)

Video game center and arcade;

(21)

All uses involving the sale or consumption of alcoholic beverages not listed as a use permitted within a building within Section 18.22.020(23);

(22)

Other uses of a similar nature;

(23)

Pawnshops (per LMC 18.22.100);

(24)

Kennels utilizing outdoor facilities for the purposes of temporarily boarding not more than 20 dogs or cats each for a period not to exceed 30 days;

(25)

Condominiums and townhomes, subject to the requirements of Chapter 18.16;

(26)

All uses with an automobile "drive-thru." (not allowed in the Lincoln Downtown Area[* ] ).

• Lincoln Downtown Area as defined by the Lincoln Downtown Urban Design Plan Redistricting Map—May 2004, or as amended.

(27)

Vehicle sales and service (excluding: engine replacement/overhaul, transmission repair).

(28)

Reverse vending machines (Subject to the provisions set forth in Chapter 18.35).

(29)

Small collection facilities (Subject to the provisions set forth in Chapter 18.35).

(Ord. No. 1104B, § 8, 3-10-2026; Ord. No. 1078B, § 5B, 2-27-2024; Ord. No. 1072B, § 5(5.1A), 12-12-2023; Ord. No. 1018B, § 2, 10-27-2020; Ord. No. 964B, §§ 6—8, 10, 5-8-2018; Ord. No. 934B, § 1, 1-10-2017; Ord. 807B § 3, 2006; Ord. 799B §§ 3, 4, 2006; Ord. 776B § 1, 2004; Ord. 518B § 2, 1989; Ord. 446B § 2, 1983: ; Ord. 357B § 3.07.020, 1979)

18.22.040 - Height regulations.

(a)

The maximum height for buildings and structures in the C district shall be 50 feet.

(b)

Civic Center Overlay Zone. For civic and public buildings located within the civic center overlay zone described in the map attached to the ordinance codified in this title and by this reference incorporated herein, the maximum building height shall be 75 feet.

==> picture [360 x 465] intentionally omitted <==

(Ord. 796B § 2, 2005: Ord. 357B § 3.07.030, 1979)

The minimum area for each lot in the C district shall be as follows:

(1)

Corner lot: 2,500 square feet;

(2)

Interior lot: 2,500 square feet.

(Ord. 357B § 3.07.040, 1979)

18.22.060 - Lot coverage.

The maximum lot coverage by all buildings and structures in the C district shall not exceed 60 percent of the lot area.

(Ord. 357B § 3.07.050, 1979)

The minimum lot width in the C district shall be as follows:

(1)

Corner lot: 25 feet;

(2)

Interior lot: 25 feet.

(Ord. 357B § 3.07.060, 1979)

No building or structure in the C district shall, after the effective date of the ordinance codified in this title, be erected or enlarged unless the following yards are provided and maintained:

(1)

Front Yard. No front yard is required except ten feet when adjacent to a residential district;

(2)

Rear Yard. No rear yard is required except ten feet when adjacent to a residential district;

(3)

Side Yard. No side yard is required except ten feet when adjacent to a residential district;

(4)

Side Street Yard. No side street yard is required except ten feet when adjacent to a residential district;

(5)

Building Sites on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 799B § 5, 2006; Ord. 357B § 3.07.070, 1979)

The commercial district shall not be created unless the following minimum area, depth and width of the district are provided:

(1)

Minimum district area: one acre;

(2)

Minimum district width: 100 feet;

(3)

Minimum district depth: 100 feet.

(Ord. 357B § 3.07.080, 1979)

18.22.100 - Pawnshops.

In addition to any other restrictions imposed upon the issuance of conditional use permits, no pawnshops within the commercial district shall be placed, maintained, owned, or operated in any of the following locations:

(1)

On any lot directly abutting a residentially zoned lot or abutting a lot upon which a nonconforming residential use is located.

(2)

Within 500 feet of any parcel of real property upon which is located any of the following facilities:

a.

Any other pawnshop.

(Ord. 614B § 1, 1994: Ord. 518B § 3, 1989)

CHAPTER 18.26 - L-I LIGHT INDUSTRIAL DISTRICT

Uses permitted in the L-I district shall be as follows:

(1)

Automobile body and paint shop;

(2)

Automobile repair shop;

(3)

Heavy equipment sales and service;

(4)

Tire shop;

(5)

Other uses which the planning commission has determined are similar in nature to others listed in this section;

(6)

Signs as permitted by Title 16;

(7)

Kennels for the purposes of temporarily boarding not more than 30 dogs or cats each for a period not to exceed 30 days.

(Ord. No. 1104B, § 9, 3-10-2026; Ord. No. 910B, § 2, 1-12-2016; Ord. 357B §3.09.000, 1979)

18.26.020 - Uses permitted within a building.

The following uses are permitted within the L-I district if they are conducted within a building, or surrounded by a solid fence of wood, masonry or similar new materials:

(1)

Automobile body manufacturing;

(2)

Boat building;

(3)

Bottling plant;

(4)

Building materials;

(5)

Cabinet shop;

(6)

Contractor's yards;

(7)

Emergency shelters; defined in section 50801(e) of the Health and Safety Code as "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay." Emergency shelters shall be subject to the following requirements:

a.

Emergency shelters shall be in compliance with all building codes, fire standards, and light industrial parking standards;

b.

The maximum occupancy shall not exceed 25 individuals;

c.

Emergency shelters shall provide on-site waiting and intake areas that are screened from public view;

d.

There shall be at least one staff member of the emergency shelter on site at all times while temporary residents are present;

e.

Security lights shall be provided to the satisfaction of the development services director;

f.

The applicant shall coordinate with the Lincoln police department to prepare a security plan for the facility, and shall provide the Lincoln police department with the name(s) and telephone number(s) of a responsible party(ies) to contact. The Lincoln police department may require the provision of on-site private security when the facility of [is] occupied if deemed necessary by the chief of police;

g.

Emergency shelters shall establish and maintain set hours for client intake/discharge. Said hours shall be posted at the entry to the facility; and

h.

Emergency shelters shall maintain a minimum 300-foot separation from other emergency shelters.

(8)

Feed and fuel yards;

(9)

Food processing;

(10)

Frozen food lockers;

(11)

Ice and cold storage;

(12)

Lumberyard;

(13)

Machine shop;

(14)

Warehousing;

(15)

Kennels for the purposes of temporarily boarding not more than 30 dogs or cats each for a period not to exceed 30 days.

(16)

Other uses which the planning commission has determined are similar in nature.

(Ord. No. 1104B, § 9, 3-10-2026; Ord. No. 855B, § 3, 5-24-2011; Ord. 357B §3.09.010, 1979)

18.26.025 - Accessory uses.

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by an approved fire department power source for the purpose of temporarily supplying electricity for an industrial building that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators are not permitted on the roof of a building.

(3)

No emergency generator shall be installed prior to the issuance of a building permit.

(4)

Placement of an emergency generator shall be five feet from buildings and 15 feet from any property line.

(5)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(6)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels 70dBA (CNEL).

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 1013B, § 5, 6-9-2020; Ord. No. 1001B, § 5, 11-12-2019; Ord. No. 1000B, § 5, 10-8-2019; Ord. No. 996B, § 5, 8-13-2019; Ord. No. 923B, § 8, 9-27-2016)

The following uses are permitted subject to issuance of a conditional use permit by the planning commission:

(1)

Automobile wrecking yard;

(2)

Concrete batch plant;

(3)

Light manufacturing, fabrication, assembling, component manufacturing, small parts processing;

(4)

Mobile home sales and services;

(5)

Outdoor storage and sales;

(6)

Public utility service yard.

(7)

Recycling and redemption collection facilities, including reverse vending machine(s), small collection facilities, and recycling facilities (Subject to the provisions set forth in Chapter 18.35).

(8)

Kennels utilizing outdoor facilities for the purposes of temporarily boarding not more than 30 dogs or cats each for a period not to exceed 30 days.

(Ord. No. 1104B, § 9, 3-10-2026; Ord. No. 964B, § 11, 5-8-2018; Ord. 357B §3.09.020, 1979)

18.26.040 - Height regulations.

The maximum height for buildings and structures in the L-I district shall be 50 feet.

(Ord. 357B §3.09.030, 1979)

The minimum lot area in the L-I district shall be as follows:

(1)

Corner lot: 10,000 square feet;

(2)

Interior lot: 10,000 square feet.

(Ord. 357B §3.09.040, 1979)

The maximum lot coverage by all structures and buildings in the L-I district shall not exceed 50 percent of the lot area.

(Ord. 357B §3.09.050, 1979)

The minimum lot width in the L-I district shall be as follows:

(1)

Corner lot: 100 feet;

(2)

Interior lot: 100 feet.

(Ord. 357B §3.09.060, 1979)

No building or structure in the L-I district shall, after the effective date of the ordinance codified in this title, be erected or enlarged unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 25 feet in depth.

(2)

Rear Yard. There shall be a rear yard for each lot of not less than ten feet.

(3)

Side Yard. There shall be a side yard on each side of all buildings of not less than ten feet.

(4)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(5)

Building Sites on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 357B §3.09.070, 1979)

The light industrial district shall not be created unless the following minimum area, depth and width of the district are provided:

(1)

Minimum district area: one acre;

(2)

Minimum district width: 100 feet;

(3)

Minimum district depth: 100 feet.

(Ord. 357B §3.09.080, 1979)

CHAPTER 18.28 - I INDUSTRIAL DISTRICT

The following are permitted uses in the I district provided that they comply with all state and federal laws and city ordinances applicable to the regulation of obnoxious or offensive noise, smoke, dust, explosives, vibration, odors, bright or flashing lights, or any other nuisance factors:

(1)

Any use provided for as permitted or requiring a conditional use permit in the light industrial district;

(2)

Wholesale stores and storage;

(3)

Animal and fiber processing;

(4)

Mining and excavating;

(5)

Other uses which the planning commission has determined are similar in nature to those listed in this section;

(6)

Signs as permitted by Title 16.

(7)

Solar energy system (defined in Section 15.05.020A) - Consistent with the compatibility polices as set forth in the airport land use compatibility plan.

(Ord. No. 923B, § 11, 9-27-2016; Ord. No. 910B, § 2, 1-12-2016; Ord. 357B § 3.10.000, 1979)

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by an approved fire department power source for the purpose of temporarily supplying electricity for an industrial building that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators are not permitted on the roof of a building.

(3)

No emergency generator shall be installed prior to the issuance of a building permit.

(4)

Placement of an emergency generator shall be five feet from buildings and 15 feet from any property line.

(5)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(6)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels 70dBA (CNEL).

(Ord. No. 1013B, § 6, 6-9-2020; Ord. No. 1001B, § 6, 11-12-2019; Ord. No. 1000B, § 6, 10-8-2019; Ord. No. 996B, § 6, 8-13-2019)

The following uses are permitted in the I district subject to issuance of a conditional use permit by the planning commission:

(1)

All uses in Section 18.28.010 which do not qualify as a permitted use because of some objectionable factor;

(2)

Acid storage, manufacturing;

(3)

Bituminous paving plants;

(4)

Inflammable liquid storage;

(5)

Lime or plaster of Paris;

(6)

Petroleum refining and petroleum or tar products manufacture;

(7)

Quarries;

(8)

Salvage yards;

(9)

Smelters;

(10)

Recycling and redemption collection facilities, including reverse vending machine(s), small collection facilities, and recycling facilities (Subject to the provisions set forth in Chapter 18.35).

(Ord. No. 964B, § 12, 5-8-2018; Ord. 357B § 3.10.010, 1979)

18.28.030 - Height regulations.

The maximum height for buildings and structures in the I district shall be 100 feet.

(Ord. 357B §3.10.020, 1979)

The minimum area for each lot in the I district shall be as follows:

(1)

Corner lot: 10,000 square feet;

(2)

Interior lot: 10,000 square feet.

(Ord. 357B §3.10.030, 1979)

18.28.050 - Lot coverage.

The maximum lot coverage by all structures and buildings in the I district shall not exceed 75 percent of the lot area.

(Ord. 357B §3.10.040, 1979)

18.28.060 - Lot width.

The maximum lot width in the I district shall be as follows:

(1)

Corner lot: 100 feet;

(2)

Interior lot: 100 feet.

(Ord. 357B §3.10.050, 1979)

18.28.070 - Yards.

No building or structure shall be erected or enlarged in the I district after the effective date of the ordinance codified in this chapter unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 25 feet in depth.

(2)

Rear Yard. There shall be a rear yard for each lot of not less than ten feet.

(3)

Side Yard. There shall be a side yard on each side of all buildings of not less than ten feet.

(4)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(5)

Building Sites on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 357B §3.10.060, 1979)

The industrial district shall not be created unless the following minimum area, depth and width of the district are provided:

(1)

Minimum district area: one acre;

(2)

Minimum district width: 100 feet;

(3)

Minimum district depth: 100 feet.

(Ord. 357B §3.10.070, 1979)

CHAPTER 18.29 - A-D AGRICULTURAL DISTRICT

Well-located and well-composed agricultural land is a major natural resource that cannot be made nor increased. This type of land is the source of essential food stuffs and fibers. An important aspect to this resource are lands within the city that are economically restricted to grazing and animal husbandry due to location, geological formation and chemical/organic composition. It is important to preserve both productive agricultural lands and grazing lands. The purpose, therefore, of this classification is to accomplish this objective by holding to high minimum area standards, permitting only such uses as are related to agricultural production or are similar thereto and by discouraging the encroachment of urban type development and especially that which would be marginal in character and disruptive of sound long range planning and economic factors. Reasonable consideration, however, shall be given by the city to rezoning of land in this classification at such time as the orderly development of the city and the general welfare necessitate development of portions of this land for residential and related uses.

(Ord. 555B §1(part), 1991)

The following uses are permitted in the (A-D) agricultural district:

(1)

One single-family residence and accessory buildings;

(2)

ADUs as regulated by Chapter 18.37;

(3)

Agricultural corps and open field grazing;

(4)

Livestock, poultry and small animals provided:

a.

Any building, pen, cage aviary, animal run or area used to contain, house, confine or feed such animals or fowl shall not be located closer than 75 feet to any boundary property line of the premises, or any building containing a dwelling unit on the same premises,

b.

Any open-air storage of hay, straw, shavings or similar organic materials shall maintain a distance of not less than 35 feet from any boundary property line, and a distance of not less than 45 feet from any building containing a dwelling unit or accessory living quarters on the same premises;

(5)

Greenhouses, when incidental to agricultural uses on premises;

(6)

Marketing of products on the premises, provided:

a.

Only one stand shall be permitted on the premises and such stand shall contain not more than 500 square feet of floor area, and shall not be located in any required yard or open space on the premises;

(7)

Pasturing and grazing;

(8)

Public stables and riding academies provided:

a.

Any stable or barn shall not be located closer than 75 feet to any boundary property line, or to any building containing a dwelling unit on the same premises,

b.

Any corrals, exercise yards or rings shall maintain a distance of not less than 45 feet from any building containing a dwelling unit on the same premises,

c.

Any open-air storage of hay, straw, shavings or similar materials shall maintain a distance of not less than 35 feet from any boundary property line, and a distance of not less than 45 feet from any building containing a dwelling unit or accessory living quarters on the same premises.

(9)

Signs as permitted by Title 16.

(Ord. No. 1080B, § 5(5.8A), 7-23-2024; Ord. No. 910B, § 2, 1-12-2016; Ord. 555B §1(part), 1991)

18.29.020 - Conditional uses.

The following uses are permitted in the agricultural district subject to issuance of a conditional use permit by the planning commission:

(1)

Dairies;

(2)

Churches;

(3)

Country clubs and golf courses;

(4)

Kennels;

(5)

Animal hospitals or clinics.

(Ord. 555B §1(part), 1991)

18.29.025 - Accessory uses.

Emergency Generator. An emergency generator defined as a fixed device on a permanently mounted stand-by unit or combination of permanently mounted stand-by units, powered by natural gas for the purpose of temporarily supplying electricity for human occupancy in residential or accessory buildings that operates automatically as [a] secondary source of electrical power shall be permitted in accordance with the following requirements:

(1)

An emergency generator shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

(2)

Emergency generators shall be fueled by natural gas.

(3)

Emergency generators are not permitted on the roof of a building.

(4)

No emergency generator shall be installed prior to the issuance of a building permit.

(5)

Placement of an emergency generator shall be permitted a minimum five feet from any building or openable window and shall maintain three-feet of clearance from the generator and the adjacent property line.

(6)

Emergency generators are exempt from noise standards during periods of electrical power outages, including maintenance and periodic testing.

(7)

The operating specifications of an emergency generator for the purposes of providing power during power outages shall not exceed noise levels of 60 dBA CNEL and interior noise levels of 45 dBA CNEL.

Exception: Fuel powered portable emergency generators are permitted within the residential zone when providing temporary power to energize domestic appliances and tools. Portable generators shall not be connected to an electrical main or sub panel and not exceed the established noise standards as detailed in this provision.

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 1013B, § 7, 6-9-2020; Ord. No. 1001B, § 7, 11-12-2019; Ord. No. 1000B, § 7, 10-8-2019; Ord. No. 996B, § 7, 8-13-2019; Ord. No. 923B, § 9, 9-27-2016)

The maximum height for buildings and structures in the agricultural district shall be 40 feet, except that barns and other specialized structures used for agricultural purposes may exceed the height limit provided such height will not conflict with other provisions of the zoning code.

(Ord. 555B §1(part), 1991)

The minimum area for each lot in the agricultural district shall be as follows: ten acres.

(Ord. 555B §1(part), 1991)

The minimum lot width for each lot in the agricultural district shall be not less than 300 feet.

(Ord. 555B §1(part), 1991)

No building or structure in the agricultural district shall, after the effective date of the ordinance codified in this chapter, be erected or enlarged unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 35 feet.

(2)

Any building or structure, whether it be a main building or structure, or whether it be an accessory building or structure, shall observe a distance of not less than ten feet from any side or rear property line. Where a greater distance is required as a condition to the establishment of permitted building or use, such greater distance shall prevail.

(3)

The distance between a building containing a dwelling unit and any other buildings or structures on the same lot shall be not less than 20 feet. Where a greater distance is required as a condition to the establishment of a permitted use, such greater distance shall prevail.

(4)

Minimum district depth: 100 feet.

(Ord. 555B §1(part), 1991)

CHAPTER 18.30 - O-S OPEN SPACE DISTRICT

18.30.010 - Permitted uses.

The following uses are permitted in the O-S district:

(1)

Parks;

(2)

Playgrounds and playfields;

(3)

Public swimming pools;

(4)

Golf course;

(5)

Country club;

(6)

Schools;

(7)

Community centers;

(8)

Public buildings;

(9)

Signs as permitted by Title 16.

(Ord. No. 910B, § 2, 1-12-2016; Ord. 581B §1, 1992; Ord. 357B §3.11.000, 1979)

The following uses are permitted in the O-S district subject to issuance of a conditional use permit by the planning commission:

(1)

Commercial uses accessory to permitted uses, such as refreshment stands, restaurants, sports equipment rental and sales, marinas;

(2)

Museums;

(3)

Art galleries;

(4)

Public utility substations;

(5)

Agricultural land.

(Ord. 357B §3.11.010, 1979)

Solar Energy System. A solar energy system as defined in section 15.05.020A. shall be permitted if the solar energy system meets all of the following conditions:

(1)

The solar energy system shall be designed for the purpose of reducing on-site energy needs and shall be accessory to and incorporated into the development of an authorized use of the property.

(2)

The solar energy system shall only be permitted on the roof of a permitted principle structure or in the rear and side yard of the lot adjacent to a permitted structure.

(3)

The solar energy system shall conform to all set back requirements for the district in which the solar energy system is located unless, the community development director or his designee identifies a safety concern requiring placement within the setback.

(4)

The solar energy system shall be designed to absorb light, have minimal glint and glare and to scatter the reflected light.

(Ord. No. 923B, § 10, 9-27-2016)

The maximum height for buildings and structures in the O-S district shall be 40 feet.

(Ord. 357B §3.11.020, 1979)

The minimum area for each lot in the O-S district shall be as follows:

(1)

Corner lot: 10,000 square feet;

(2)

Interior lot: 10,000 square feet.

(Ord. 357B §3.11.030, 1979)

18.30.050 - Lot coverage.

The maximum lot coverage by all structures and buildings in the O-S district shall not exceed 40 percent of the lot area.

(Ord. 357B §3.11.040, 1979)

18.30.060 - Lot width.

The minimum lot width in the O-S district shall be as follows:

(1)

Corner lot: 100 feet;

(2)

Interior lot: 100 feet.

(Ord. 357B §3.11.050, 1979)

18.30.070 - Yards.

No building or structure in the O-S district shall, after the effective date of the ordinance codified in this chapter, be erected or enlarged unless the following yards are provided and maintained:

(1)

Front Yard. There shall be a front yard of not less than 20 feet in depth.

(2)

Rear Yard. There shall be a rear yard for each lot of not less than ten feet.

(3)

Side Yard. There shall be a side yard on each side of all buildings of not less than ten feet.

(4)

Side Street Yard. On corner lots, there shall be a side street yard of not less than ten feet.

(5)

Building Sites on Rights-of-way in General Plan. Front, side, side street or rear yards required for lots abutting a highway or street for which proposed rights-of-way are established by the circulation element of the general plan shall be determined as provided in Section 18.42.020.

(Ord. 357B §3.11.060, 1979)

CHAPTER 18.31 - PUB PUBLIC DISTRICT

The purpose of this designation is to provide areas for public and quasi-public facilities for educational facilities, public buildings, cultural and institutional uses, general government operations, utility and public services, and facilities that serve the general public.

(Ord. No. 930B, § 1, 12-13-2016)

The following uses are permitted in the PUB district:

(1)

City-owned facilities, including wastewater treatment and reclamation facilities, community centers, libraries, police and/or fire stations, trail systems, open space areas, and stormwater drainage facilities;

(2)

Uses and facilities, whether constructed publicly or privately, developed on city-owned land and intended for a purpose found by the city to be in the public interest;

(3)

Corporation yards, including storage of materials, and repair of equipment and vehicles operated by governmental entities;

(4)

County, state, and federally owned facilities;

(5)

Public schools;

(6)

Creation or preservation of wetland facility;

(7)

Community water storage, wells and associated facilities;

(8)

Solar energy facility (as outlined in Chapter 15).

(Ord. No. 930B, § 1, 12-13-2016)

The following uses are permitted in the PUB district subject to the issuance of a conditional use permit by the planning commission:

(1)

Wind power production;

(2)

Telecommunications facility per Chapter 18.41;

(3)

Electrical substation;

(4)

Other uses, not listed under Section 18.31.020 or 18.31.030, which in the opinion of the community development director are of a similar and compatible nature to those uses described in this section.

(Ord. No. 930B, § 1, 12-13-2016)

Front: 20 feet

Side: 20 feet

Rear: 20 feet

From adjacent residential zoning: 50 feet

(Ord. No. 930B, § 1, 12-13-2016)

18.31.050 - Building height regulation.

(a)

Thirty-five feet.

(b)

Water tank height shall be determined based upon capacity and hydrology conditions

(Ord. No. 930B, § 1, 12-13-2016)

18.31.060 - Lot area.

Minimum of one-half acre.

(Ord. No. 930B, § 1, 12-13-2016)

18.31.070 - Lot width.

One hundred feet minimum.

(Ord. No. 930B, § 1, 12-13-2016)

18.31.080 - Lot depth.

One hundred feet minimum.

(Ord. No. 930B, § 1, 12-13-2016)

18.31.090 - Design review.

(a)

New construction requires design review approval. The city council may determine that city council review may be substituted for design review for projects of community-wide or regional significance provided the city council determines:

(1)

Expedited review is required to accommodate city objectives; and

(2)

The project will not have a significant visual impact.

(b)

Remodel/addition to an existing building requires design review approval unless the community development director determines:

(1)

The design of the remodel or addition is consistent with the design of the primary structure; and

(2)

The remodel or addition will not have a significant visual impact.

(Ord. No. 930B, § 1, 12-13-2016)

(a)

Light fixture heights should not exceed 12 feet when adjacent to residential uses. No ground-mounted light fixture shall exceed 25 feet in height.

(b)

All lighting shall be directed downward so that there will be no glare which will cause unreasonable annoyance to occupants of such property or otherwise interfere with the public health, safety, or welfare.

(Ord. No. 930B, § 1, 12-13-2016)

CHAPTER 18.32 - PD PLANNED DEVELOPMENT DISTRICT

This district is established to encourage and provide for a creative and more flexible approach to the use of land; to maximize the choices of types of living environments available to the people of the city; and to encourage more efficient allocation and maintenance of privately controlled common open space through the redistribution of overall densities where such a rearrangement is desirable and feasible.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.000, 1979)

It is the intention of this chapter to carry out the purposes set forth in the preceding section by providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of this title while protecting the public health, safety and welfare, and property values. Various land uses may be combined in a planned development to include combinations of residential, commercial, industrial, utility, institutional, educational, cultural, recreational and other uses, provided that combination of uses results in a balanced and stable environment.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.010, 1979)

A planned development, or a unit thereof, shall be of sufficient size that its construction, marketing and operation is feasible as a complete unit independent of any subsequent unit. Generally, developments of less than ten acres are not acceptable.

(Ord. 375B §2 (part), 1980: Ord. 357B §3.12.020(1), 1979)

As provided in this chapter, the approved preliminary development plan for the property within the PD zone specifies the uses to which such property may be put, the locations of such uses, intensity of land use, and other criteria which constitute the development restrictions applicable to the property.

(Ord. 357B §3.12.020(2), 1979; Ord. 375B §2(part), 1975)

Where the planned development provides open space areas or recreation facilities which are privately owned, but commonly shared among the property owners, and such open space and/or recreation facilities are not maintained in a condition consistent with the approved development, the city may, at its option, cause such maintenance to be performed and assess the cost to the affected property owners or responsible homeowners' association, or cause a lien to be placed on the affected property, to be collected with the taxes thereon.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.020(3), 1979)

The purpose of the preliminary development plan is to show the overall development scheme for the affected area and to indicate the sequence in which individual portions of the area will be developed.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.030(1), 1979)

18.32.070 - Preliminary development plan—Initial submittal—Contents.

The developer shall submit to the planning department a preliminary development plan which shows the overall development scheme and indicates the sequence in which individual portions of the area will be developed. Such plan shall include:

(1)

Maps or drawings which may be schematic in form;

(2)

All interior property lines;

(3)

Land use, existing and proposed;

(4)

Location and size of existing streets and location of the proposed circulation system;

(5)

Name(s) of the owner, developer and consultant;

(6)

Public uses, including schools, parks, recreational areas and other open space, and method of maintaining public open space;

(7)

The use and general description of each different type of structure or building;

(8)

Written explanation of the nature of the proposed development and any deviations from regulations otherwise applicable to the property;

(9)

Generalized topography and proposed changes;

(10)

Utilities, existing and proposed, serving the area;

(11)

Vegetation and proposed changes;

(12)

Proposed sequence and schedule, or phasing, of development.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.030(2), 1979)

18.32.080 - Preliminary development plan—Planning commission consideration.

After review by the planning department, the proposed preliminary development plan shall be submitted to the planning commission as a proposed rezoning of the property to the PD zone. The commission shall follow the same procedures as in any rezoning, and shall have full authority to alter or modify the preliminary development plan.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.030(3), 1979)

18.32.090 - Preliminary development plan—City council consideration—General development plan.

The preliminary development plan shall be considered by the city council following the same procedures as in any rezoning. The city council may alter or modify the proposed preliminary development plan. If the rezoning is approved, the preliminary development plan becomes the development restrictions for the PD zone covered by the plan and thereafter shall be designated the "general development plan." The general development plan, as approved, shall consist of a map, together with relevant text materials, showing:

(1)

All land uses;

(2)

Intensity of land use as measured by units per acre, area coverage or other acceptable description;

(3)

Major circulation;

(4)

A division of the area to be developed into smaller areas, called "phases," and the sequences of their development, unless the entire plan is to be carried out simultaneously.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.040, 1979)

18.32.100 - Development permit required for each phase of development.

Each phase of the general development plan, or the entire general development plan if it is to be carried out simultaneously, shall be developed only after issuance of a development permit by the city council or planning commission as provided for in Section 18.32.130.

(Ord. 621B §1, 1994: Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(1), 1979)

18.32.110 - Specific development plan—Required for permit—Contents.

A specific development plan shall be submitted to the planning commission with an application for a development permit. Such plan shall consist of a map and necessary textual materials showing:

(1)

The boundaries of the specific development plan;

(2)

The size and location of all public utility easements;

(3)

The exact location and width of all streets, sidewalks, bike trails, pedestrian paths or other areas used for the conveyance of vehicular, pedestrian, bicycle, equestrian or other traffic;

(4)

The typical location of individual residential structures and the actual location of multifamily, business and commercial structures;

(5)

The number of units per gross acre;

(6)

The general landscaping features;

(7)

The location and size of any proposed park or recreational area, and an indication of whether or not the same is to be publicly or privately owned;

(8)

The location of any public facilities, including but not limited to fire stations, school sites, utility substations or other facilities;

(9)

The location of parking areas;

(10)

The location and screening of refuse disposal areas;

(11)

Major points of vehicular access to and from multifamily, business and commercial structures;

(12)

The location and size of all fencing or screening;

(13)

A designation of the use of all open space, whether publicly or privately owned, and the person or group responsible for its maintenance;

(14)

The location and size of any proposed signs, exclusive of traffic-control and street signs;

(15)

Contour lines at intervals designated by the city engineer.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(2), 1979)

18.32.120 - Specific development plan—Supplemental information required.

In conjunction with the specific development plan map, there shall be submitted the following:

(1)

A preliminary grading plan;

(2)

For business or commercial areas, an economic feasibility study as to the need and projected use of such facilities;

(3)

Detail concerning the landscaping, including the type and size of plant materials to be used;

(4)

Such other and further information as the planning department or the planning commission may deem necessary.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(3), 1979)

A public hearing on the development permit for residential development shall be held by the planning commission after a completed application has been received and shall be noticed in the same manner as would be done for a rezone. After the close of public hearing, the planning commission shall forward to the city council a recommendation for approval, approval with conditions or disproval of the residential development permit. The planning commission shall not recommend approval unless it finds that the proposed development is consistent with the general development plan. A public hearing on the development permit for commercial, business and professional, and industrial development shall be held by the planning commission after a completed application has been received and shall be noticed in the same manner as would be done for a rezone. At the close of the public hearing, the planning commission may take action to approve, approve with conditions, or deny the permit. The planning commission shall not approve a commercial, business and professional, or industrial development permit unless it finds the proposed development consistent with the general development plan. No action by the city council shall be required for development permits involving industrial, business and professional, or commercial development.

(Ord. No. 964B, § 17, 5-8-2018; Ord. 621B §2, 1994: Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(4), 1979)

Except as provided for in Section 18.32.130, a public hearing to consider the planning commission recommendation and the development permit shall be held by the city council and shall be noticed in the

same manner as would be done for a rezone. After the close of the public hearing, the city council shall approve, approve with conditions or disapprove the development permit. A development permit shall not be approved unless the city council finds that the proposed development is consistent with the general development plan.

(Ord. 621B §3, 1994: Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(5), 1979)

(a)

A tentative subdivision map may be processed simultaneously with a request for a development permit or after the approval thereof.

(b)

No development permit shall be valid until a final map, as defined by the Subdivision Map Act and implementing ordinances of the city, has been filed with the county recorder.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.060, 1979)

18.32.160 - Commencement of development.

Upon approval of a development permit, and compliance with other applicable regulations, development of the area covered by the specific development plan may commence, provided that all necessary building permits and other required entitlements are obtained.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.070, 1979)

18.32.170 - Development permit expiration and extensions.

(a)

A development permit not exercised within four years of approval shall expire and become void, unless a condition of approval specifies an alternative time expiration limit. An extension of time may be applied for in compliance with subsection (b).

(b)

The community development director may grant one extension of time for a period not exceeding two years, provided application for an extension is made prior to expiration of the original entitlement. Extension decisions are appealable to the applicable body above the specific decision maker (i.e., a community development director decision may be appealable to the planning commission).

(Ord. No. 1081B, § 5(5.1A), 8-27-2024; Ord. 375B §2(part), 1980: Ord. 357B §3.12.080, 1979) CHAPTER 18.33 - P PARKS

The purpose of this designation is to preserve lands for park and recreational purposes to protect the physical, social, recreational, aesthetic, and economic resources of the city. The park district may be applied to public and private recreation facilities and is intended to be applied to larger parks especially community-wide facilities, but may also be applied to smaller neighborhood facilities when it is important, due to the planned facilities or natural features, to designate the site for park uses.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.020 - Permitted uses.

The following uses are permitted in the park district:

(1)

Parks;

(2)

Community center;

(3)

Community activities;

(4)

Sports fields;

(5)

Hard courts;

(6)

Playgrounds;

(7)

Swimming pool/aquatics center;

(8)

Public buildings.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.030 - Conditional uses.

The following uses are permitted in the park district subject to the issuance of a conditional use permit by the planning commission:

(1)

Golf course;

(2)

Equestrian facility;

(3)

Farmers market;

(4)

Private fitness classes;

(5)

Telecommunications facility per Chapter 18.41;

(6)

Commercial uses accessory to a permitted or conditional use, such as refreshment stands, restaurants, sports equipment rental and sales (including alcohol sales);

(7)

Other uses, not listed under Section 18.33.020 or Section 18.33.030, which in the opinion of the community development director are of a similar and compatible nature to those uses described in this section.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.040 - Building setbacks.

Front: 20 feet.

Side: 20 feet.

Rear: 20 feet.

From adjacent residential zoning: 50 feet.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.050 - Building height regulation.

Thirty-five feet.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.060 - Lot area.

Minimum of one acre.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.070 - Lot width.

One hundred feet minimum.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.080 - Lot depth.

One hundred feet minimum.

(Ord. No. 931B, § 1, 12-13-2016)

18.33.090 - Design review.

(a)

New construction requires design review approval. The city council may determine that city council review may be substituted for design review for projects of community-wide or regional significance provided the city council determines:

(1)

Expedited review is required to accommodate City objectives; and

(2)

The project will not have a significant visual impact.

(b)

Remodel/addition to an existing building requires design review approval unless the community development director determines:

(1)

The design of the remodel or addition is consistent with the primary structure; and

(2)

The remodel or addition will not have a significant visual impact.

(Ord. No. 931B, § 1, 12-13-2016)

DIVISION IV. - USES, YARDS, HEIGHTS, PARKING, LOADING, RIDESHARING AND TRANSPORTATION PLANS

CHAPTER 18.34 - SPECIAL USES

Article I. - Special Uses Generally

All of the uses listed in this chapter, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the districts defined in this title. Therefore, except as otherwise specified, the authority for a location or the operation of any of the uses designated in this chapter shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 18.56 of this title. In addition to the criteria set forth in Chapter 18.56 of this title for determining whether or not a conditional use permit should be issued, the planning commission shall consider the following additional factors in determining whether the uses listed in this chapter will be incompatible with other uses permitted in the district and surrounding areas. Such factors are:

(1)

Damage or nuisance from noise, smoke, odor, dust or vibration;

(2)

Hazard from explosion, contamination or fire;

(3)

Hazard occasioned by unusual volume or character of traffic, or the congregating of a large number of people or vehicles.

(Ord. 715B §1, 2002: Ord. 357B §4.01.000, 1979)

18.34.020 - Special uses listed.

The following are designated as special uses:

(1)

Airports and landing fields;

(2)

Cemeteries;

(3)

Establishment of enterprises involving large assemblies of people or automobiles, including:

a.

Amusement park and racetracks;

b.

Circuses or carnivals;

c.

Recreational facilities, privately operated;

d.

Outdoor music concerts, exhibitions.

(4)

Hospitals, sanitariums;

(5)

Institutions of charitable nature;

(6)

Refuse disposal sites;

(7)

The mining of natural mineral resources, together with the necessary buildings and structures;

(8)

Removal or deposit of earth other than in connection with the construction of buildings, roadways or home or public improvements on the site.

(Ord. 357B §4.01.010, 1979)

Article II. - Adult-Oriented Businesses[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 878B, § 4, adopted Jan. 22, 2013, amended Art. II, in its entirety to read as set out herein. Former Art. II pertained to sex oriented businesses and derived from Ord. 512B § 1(part), adopted in 1989.

The city council finds that adult-oriented businesses have secondary effects, such as impacts on crime levels, property values, and on nearby retail businesses and residents, which the city seeks to avoid, mitigate, or prevent while balancing First Amendment rights with respect to these types of businesses Therefore, special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to provide neutral time, place, and manner restrictions on adult-oriented businesses to prevent the concentration or clustering of these businesses in any one area.

(Ord. No. 878B, § 4, 1-22-2013)

For the purposes of this chapter, the terms are defined by Section 5.44.010.

(Ord. No. 878B, § 4, 1-22-2013)

(a)

Provided that the business complies with all other regulations of this section and Chapter 5.44 of the City's Municipal Code, adult-oriented businesses shall only be located, established or operated:

(1)

Within a light-industrial (L-I), light-industrial/planned development (L-I/PD) and industrial (I) districts;

(2)

At least 1,200 feet away from any area zoned or used for residential purposes;

(3)

At least 500 feet away from any other adult-oriented business;

(4)

At least 1,000 feet away from any public or private school site (developed or designated). For the purposes of this subsection, "designated" means a parcel that is general plan designated, zoned, or that has been conditionally permitted to conduct such use;

(5)

At least 1,000 feet away from any public park, or recreational area, or property zoned, planned or otherwise designated for such use by the city;

(6)

At least 1,000 feet away from any site used for assembly purposes by a religious organization.

(b)

Adult-oriented businesses shall not be located in any temporary or portable structures.

(c)

The determination as to whether the locational provisions of Section 18.34.030 disqualify an adult-oriented business from operation shall be conducted based upon the facts in existence on the date of the filing of an adult-oriented business license application or permit renewal application.

(d)

Distances required by this section shall be measured from parcel line to parcel line.

(Ord. No. 878B, § 4, 1-22-2013)

(a)

Any property owner or his authorized agent may apply for a waiver of any location provisions as set forth in Section 18.34.050. The city council, after receipt of the planning commission's recommendation and a hearing, may waive any locational provision, if the following findings are made:

(1)

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

(2)

That the proposed use will not enlarge or encourage the development of a skid row area or area of intense blight;

(3)

That the establishment of a regulated use in the area will not be contrary to any program of neighborhood conservation; nor, will it interfere with any program of urban renewal;

(4)

That all applicable regulations of this code will be observed.

(b)

The procedure for this hearing shall be the same as that provided for in Chapter 18.56 of this code for the issuance of conditional use permits.

(Ord. No. 878B, § 4, 1-22-2013)

In addition to the development standards in the underlying zoning district and in addition to other provisions of this code, the following development and operational standards apply to adult-oriented businesses:

(1)

Signs. Signs, advertisements, displays, or other promotional materials showing "specific sexual activities" or men and/or women in a state of nudity or partial nudity or displaying specified anatomical areas shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult-oriented business is conducted.

(2)

Noise. No loudspeakers or sound equipment shall be used by an adult-oriented business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult-oriented business is conducted.

(3)

Exterior Lighting. All exterior areas, including off-street parking areas and premises entries, of the adultoriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such a manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within 72 hours.

(Ord. No. 878B, § 4, 1-22-2013)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. No. 878B, § 4, 1-22-2013)

Article IV. - Marijuana Regulation[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 948B, § 2, adopted September 26, 2017, repealed the former Arts. IV, and V, §§ 18.34.120—18.34.220, and enacted a new Art. IV as set out herein. The former Arts. IV and V pertained to similar subject matter and derived from Ord. 780B §2(part), adopted in 2004; and Ord. 785B §2(part), adopted in 2005; Ord. No. 882B, § 3, adopted May 28, 2013; Ord. No. 893B, § 2, adopted October 28, 2014; Ord. No. 914B, § 3, adopted July 26,2016.

It is the purpose and intent of this chapter to regulate personal cultivation and prohibit all commercial cultivation and sale of recreational and medical marijuana to the extent permissible by law in order to promote the health, safety, moral, and general welfare of the residents and businesses of the City of Lincoln.

(Ord. No. 948B, § 2, 9-26-2017)

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.

"Accessory structure" means a structure that is accessory to a principal residential structure and customarily a part thereof, which is clearly incidental and secondary to the principal structure and is significantly smaller in area than the principle structure and does not change the character of the principal structure or the principal use of the primary structure. An accessory structure must be a fully-enclosed space within a lawfully permitted building that complies with the California Building Code ("CBSC"), as adopted in the city of that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one or more lockable doors, and is not visible from a public right-of-way. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two inch by four inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the City of Lincoln and all provisions of this article. A garage, whether attached or detached and temporary buildings such as a temporary shed, greenhouse, pre-fabricated structures or other non-permanent and non-permitted structures are not accessory structures under this article.

"Authorized grower" means a person 21 years and older who is authorized by, and in compliance with state law to cultivate marijuana indoors for personal or medical use. Authorized grower also means a person 18 years and older who is a qualified patient, as that term is described in Health and Safety Code section 11362.77.

"Child care center" means any licensed child care center, daycare center, or child care home, or any preschool.

"Commercial marijuana business" includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, distribution, delivery or sale of marijuana and marijuana products as provided for in Business and Professions Code section 26000, et seq.

"Cultivation" means the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.

"Delivery of medical marijuana" means the commercial transfer of medical marijuana or cannabis products from a dispensary, up to an amount determined by the Bureau of Medical Cannabis Regulation, to a primary caregiver or qualified patient as defined in Section 11362.7 of the California Health and Safety Code, or a testing laboratory. Delivery also includes the use by a dispensary or any technology platform owned and controlled by the dispensary or independently licensed that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products as defined in California Business and Professions Code section 19300.5(m).

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Section 66410, et seq. of the Government Code).

"Marijuana" shall mean any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as defined in California Health and Safety Code section 11362.5 and "medical cannabis," "medical cannabis product" and "cannabis product" as defined in California Business and Professions Code section 19300.5(af).

"Marijuana dispensary" means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers medical marijuana as defined in California Business and Professions Code section 19300.5(m), or as may be amended that dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the purposes set forth in California Health and Safety Code section 11362.5, or as may be amended.

"Medical marijuana" means marijuana used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety § 11362.7 et. seq.)

"Mobile marijuana dispensary" means any clinic, cooperative, club, business, group or person which transports or delivers, or arranges the transportation or delivery, of medical marijuana or medical marijuana products to a person or entity. Mobile marijuana dispensary shall not include deliveries of medical marijuana made by a permitted, lawful marijuana dispensary, operating under state law and the provisions of this chapter, to a qualified patient or primary caregiver.

"Premises" means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.

"Primary caregiver" means a "primary caregiver" as defined in Section 11362.7(d) of the Health and Safety Code.

"Residential structure" means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a residential zoning district.

"Smoking" means inhaling, exhaling, burning or carrying any lighted combustible substance containing marijuana in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with marijuana or its byproducts in the device.

(Ord. No. 948B, § 2, 9-26-2017)

18.34.140 - Marijuana dispensaries and commercial marijuana businesses prohibited.

Any land use related to marijuana that is not specifically permitted in this article is hereby prohibited, including but not limited to marijuana dispensaries, including mobile marijuana dispensaries, and commercial marijuana businesses. Such uses are prohibited in all zones, districts, properties, and areas within the city. No person or entity shall operate or permit the operation of a marijuana dispensary or commercial marijuana business in or upon any public or private property or premises within the city. The city shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a marijuana dispensary or commercial marijuana business in any zoning district.

(Ord. No. 948B, § 2, 9-26-2017)

Delivery of marijuana and medical marijuana, as defined in Section 18.34.130, is prohibited and it shall be unlawful and violation of this chapter for any person to deliver marijuana within the city. This section does not prohibit the delivery of medical marijuana to qualified patients by their primary caregiver.

(Ord. No. 948B, § 2, 9-26-2017)

It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such premises to be used for the outdoor cultivation of marijuana plants.

(Ord. No. 948B, § 2, 9-26-2017)

18.34.170 - Indoor cultivation for personal use.

Indoor cultivation of no more than six marijuana plants per household and in a total area of not greater than 50 square feet and only for personal, non-commercial use shall be permitted subject to the following conditions.

A.

Locations permitted.

1.

It is unlawful and a public nuisance for any person to cultivate marijuana inside any residential structure or accessory structure without a marijuana cultivation permit issued by the chief of police or his or her designee pursuant to Section 18.34.190 to ensure compliance with the requirements of this chapter.

2.

Cultivation of marijuana is prohibited in all zones within the city except the following residential zones: R-1 (Single-Family Residential), R-2 (Duplex Residential), R-3 (Multiple Residential), R-E (Residential Estate), LDR (Low-Density Residential), MDR (Medium-Density Residential) and HDR (High-Density Residential).

There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence or accessory structure from the public right-of-way, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

B.

Minimum standards. The indoor cultivation of non-commercial marijuana in a residential zone shall only be conducted within a private residential structure, or accessory structure conforming to the following minimum standards:

1.

No more than six marijuana plants in an area not greater than 50 square feet, are permitted for indoor personal cultivation within a residence or accessory structure. The total combined indoor cultivation on any parcel with a private residence and an accessory structure shall not exceed 50 square feet. For purposes of this ordinance the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live plants on the premises.

2.

The building official shall consult with the director of development services and chief of police, or his or her designee, in consideration of any building permit application seeking a building permit for the construction or alteration of any residence for the purposes of marijuana cultivation.

3.

Indoor grow lights shall not exceed one thousand two hundred (1,200) watts each and shall comply with the California Building, Electrical, and Fire Codes as adopted by the city. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any structure used for the cultivation of marijuana.

4.

The residence shall include a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

5.

The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

6.

Nothing in this chapter shall prohibit an owner of a residential structure or accessory structure from prohibiting the growing of marijuana on his or her property and as provided in Section 18.34.190, a property owner's written consent to the cultivation of marijuana at the premises, if different from the authorized grower is required.

Marijuana cultivation for sale is prohibited.

8.

The area used for cultivating marijuana shall not be accessible to persons under 21 years old.

9.

A minimum set back of ten feet from the property line is required for an area in which marijuana is cultivated in a residential structure or accessory structure.

10.

Any fully enclosed and secure Accessory Structure or residential structure used for the cultivation of nonmedical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the building regulations of the City of Lincoln Municipal Code.

(Ord. No. 1088B, § 7, 6-10-2025; Ord. No. 948B, § 2, 9-26-2017)

Prior to commencing any marijuana cultivation, the person(s) owning, leasing, occupying, or having charge or possession of any legal parcel or premises where marijuana cultivation is proposed to occur must obtain a marijuana cultivation permit from the chief of police or his or her designee, to ensure compliance with the requirements of this Chapter.

A.

Permit requirements. The following information will be required with the initial permit application and subsequent permit extensions:

1.

The physical site address of where the marijuana will be cultivated.

2.

The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.

3.

Property owner's written consent to the cultivation of marijuana at the premises, if different from the authorized grower.

B.

Permit duration. The initial permit shall be valid for two years, and thereafter may be extended in increments of two years upon the determination by the chief of police or his or her designee, to ensure the standards and conditions set forth in this article are being met.

C.

Adjudication of permits by the chief of police. The chief of police may deny an application for a marijuana cultivation permit, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this chapter.

D.

Permit fees. The city may establish, by resolution, a fee or fees required to be paid upon filing of an application for permit(s) as provided by this chapter, which fees shall not exceed the reasonable cost of administering this chapter.

(Ord. No. 948B, § 2, 9-26-2017)

Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of Chapters 1.16, 1.18, and 1.20, or any other applicable law. Violations of this chapter shall be subject to fines of not less than $500.00 per plant possessed in violation of this chapter, and as provided in Section 1.20.020(d) or as otherwise provided by city council resolution.

(Ord. No. 1088B, § 8, 6-10-2025; Ord. No. 948B, § 2, 9-26-2017)

CHAPTER 18.35 - REDEMPTION AND RECYCLING FACILITIES

The purpose and intent of this chapter is to make the redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials by providing for the permitting and regulating of recycling activities within the city.

(Ord. 500B §1(part), 1987)

18.35.010 - Definitions.

As used in this chapter:

(1)

"Administrative permit" means a permit issued by the director of community development pursuant to the requirements of Section 18.35.020 of this chapter.

(2)

"Collection facility" means a center for the acceptance by donation, redemption, or purpose of recyclable materials from the public. Such facility does not use power-driven processing equipment except as indicated in Section 18.35.040. Collection facilities may include the following:

a.

Reverse vending machine(s);

b.

Small collection facilities which occupy an area of not more than 500 square feet and may include:

1.

A mobile unit;

2.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

3.

Kiosk-type units which may include permanent structures; and

4.

Unattended containers placed for the donation of recyclable materials.

(3)

"Mobile recycling unit" means an automobile, truck, trailer, or van licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

(4)

"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer. Recycling facilities include those facilities as set forth in the definition of "collection facilities" above.

(5)

"Recyclable material" means reusable material including but not limited to metals, glass, plastic, and paper which are intended for the reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

(6)

"Reverse vending machine(s)" is an automated mechanical device which accepts at least one or more types of empty beverage containers including but not limited to aluminum cans, glass and plastic bottles

and issues a cash refund or a redeemable credit slip with a value of not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rate and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

(Ord. 500B §1(part), 1987)

No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a conditional use permit pursuant to the provisions set forth in this section and Chapter 18.56. The operation of a reverse vending machine and small collection facility as defined by this chapter shall require the issuance of a conditional use permit in accordance with the standards and criteria set forth in Section 18.35.040.

(Ord. 500B §1(part), 1987; Ord. No. 964B, § 13, 5-8-2018)

Editor's note— Ord. No. 964B, § 14, adopted May 8, 2018, repealed § 18.35.030, which pertained to permits for multiple sites and derived from Ord. 500B §1(part), 1987.

Those recycling facilities permitted with an administrative permit shall meet all of the applicable criteria and standards listed. The criteria and standards for recycling facilities are as follows:

(1)

Reverse Vending Machine(s). Reverse vending machines within a commercial structure may be permitted in all commercial and industrial districts with an administrative permit provided that they comply with the following standards:

a.

The facility shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city.

b.

The facility shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

c.

Shall not occupy parking spaces required by the primary use.

d.

Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

e.

Shall be constructed and maintained with durable waterproof and rustproof material.

f.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

g.

Shall have a sign area of a maximum of four square feet per machine exclusive of operating instructions.

h.

Shall be maintained in a clean, litter-free condition on a daily basis.

i.

Operating hours shall be at least the operating hours of the host use.

j.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(2)

Small Collection Facilities. Small collection facilities may be sited in commercial and industrial districts with an administrative permit provided they comply with the following conditions:

a.

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city.

b.

Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

c.

Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation. Specific locations for a facility shall be approved by the director of community development during the review of a permit.

d.

Shall accept only glass, metals, plastic containers, papers, and reusable items. Recyclable material does not include refuse or hazardous materials.

e.

Shall use no power-driven processing equipment except for reverse vending machines.

f.

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

g.

Shall store all recyclable material in containers or in the mobile unit vehicle and shall not leave materials outside of containers when attendant is not present.

h.

Shall be maintained free of litter and any other undesirable materials and mobile facilities at which truck or containers are removed at the end of each collection day shall be swept at the end of each collection day.

i.

Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA.

j.

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours of 9:00 a.m. and 7:00 p.m.

k.

Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use.

l.

Containers shall be clearly marked to identify the type of material which may be deposited, the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

m.

Signs may be provided as follows:

Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is larger;

2.

Signs must be consistent with the character of the location;

3.

Directional signs bearing no advertising message may be installed with the approval of the director of community development if the facility is not visible from the public right-of-way.

n.

The facility shall not impair the landscaping required by the city.

o.

No additional parking spaces will be required for customers of small collection facilities located at the established parking lot of a host use. One space will be provided for the attendant, if needed.

p.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the unit is scheduled to be present.

q.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all the following conditions exist: (a) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; (b) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; (c) The permit will be reconsidered at the end of 12 months. A reduction in available parking spaces in an established parking facility may then be allowed up to a maximum of five spaces.

r.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(Ord. 500B §1(part), 1987; Ord. No. 964B, § 15, 5-8-2018)

Editor's note— Ord. No. 964B, § 16, adopted May 8, 2018, repealed § 18.35.050, which pertained to permit renewal and derived from Ord. 500B §1 (part), 1987.

CHAPTER 18.36 - UTILITIES, FENCES AND ACCESSORIES

The use regulations specified in the various districts in this title shall be subject to the general use regulations and exceptions in this chapter.

(Ord. 357B §4.02.000, 1979)

Subject to the provisions of Sections 18.36.021 through 19.36.025, public utility distribution and powertransmission lines and poles, and underground facilities for distribution of gas, water, communications, electricity and cable television, shall be allowed in all districts without limitations as to height or without obtaining a use permit therefor; providing, however, that all routes of proposed gas, water and electrictransmission lines shall be submitted to the city planning commission for its review and recommendation. Such recommendations shall be received prior to acquisition of rights-of-way.

(Ord. 480B §1, 1986: Ord. 357B §4.02.010, 1979)

It is the intent of Sections 18.36.021 through 18.36.025 to implement in a single procedure section 12888.5 of the California Public Utilities Code and sections 53891 and 53896 of the California Government Code which authorize the city to review and to approve or disapprove the location and construction of facilities for the transmission of electrical energy, operating at 100,000 volts or more, such as substations, transmission lines and poles, and accessory structures, by the public utilities. It is the purpose of this section to provide for these facilities in the city's communities in the most compatible and least obtrusive manner, while part of the city. The procedural rules set forth herein are designed to insure that sufficient information is provided in a timely manner to allow the city to make a reasonable and informed decision on applications submitted.

(Ord. 480B §2(part), 1986)

For purposes of Sections 18.36.023 through 18.36.025, the following definitions shall apply:

(1)

"Direct impact" means interference with the use or enjoyment of a person's property, real or personal, such as visual impacts, noise impacts, and interference with antenna reception.

(2)

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(3)

"High voltage transmission facilities" means electrical transmission lines, poles, accessory structures operated at the electrical potential of 100,000 volts or greater, and substations where at least one of the transmission lines connecting with the facility is operated at the electrical potential of 100,000 volts or greater.

(4)

"Public utility" means a municipal utility district as defined by section 11501 et seq. of the Public Utilities Code of California, and including but not limited to the Sacramento Municipal Utility District ("SMUD").

(5)

"Substation" means a facility which transforms electrical energy to a lesser voltage for the purposes of subregional or localized distribution, or which functions as a transition point from overhead to underground electrical transmission lines, or which acts as the point of convergence for two or more transmission lines.

(Ord. 480B §2(part), 1986)

(a)

Location. High voltage transmission facilities may be located in any zone subject to the provisions of this section.

(b)

Permit Required. A transmission facilities permit is required to construct and locate a high voltage transmission facility in any zone. Application for a transmission facility permit shall be filed with the planning department and shall be subject to a filing and investigation fee. Transmission line fees shall be the same as conditional use permit fees; substation fees shall be the same as rezoning fees.

(c)

Information to Accompany Permit Application. An application for an environmental document prepared and certified pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., sufficient in detail to allow the planning commission and the city council to determine the exact nature and extent of the use. The application shall include, at a minimum, the following information:

(1)

The expected electrical requirements, as determined by the public utility of the areas within the district which will be affected by the project;

(2)

The locations and capacities of the high voltage transmission facilities proposed, together with a description of basic technical and design concepts that favor the selection of the chosen locations and a list of feasible alternative sites;

(3)

An assessment of the type and magnitude of the direct impacts of the proposed project and of each alternative;

(4)

Mitigation measures:

a.

The measures to be implemented by the public utility to compensate for or mitigate the direct and indirect impacts of the project; and

b.

Where any portion of a proposed project is adjacent to residentially zoned residentially used property or the Lincoln Airport, a discussion of feasible routing alternative.

5.

Any other information the planning director deems necessary to allow the planning commission and city council to determine the exact nature and extent of the proposed project and any impacts of the project.

(d)

Hearings.

(1)

Within 30 days after an application for a transmission facilities permit is filed and accepted as complete, the planning commission shall hold a public hearing thereon. The procedural requirements for the hearing shall be governed by Chapter 18.92 of the Lincoln Municipal Code; provided, that said hearing may be initiated by the permit applicant.

(2)

Mailed notice of the hearing shall be provided at least ten days prior to the hearing to the owners of all property within 400 feet of the property subject to the permit; provided, that if such mailed notice would result in notice to more than 250 persons, as an alternative to such mailed notice, notice may be given by placing an advertisement in a newspaper of general circulation within the area affected by the proposed facilities.

(3)

The planning commission shall recommend approval, approval of an alternative, or disapproval of the permit and transmit said recommendation to the city council.

(4)

Upon receipt of a recommendation on the permit from the planning commission, the city council shall set the matter for hearing and give notice thereof as provided in subsection 18.36.025(d)(2). The hearing shall be conducted within 60 days of the date the application and environmental document was filed and accepted as complete; and the city council shall adopt a resolution approving, approving an alternative, or disapproving the permit.

(e)

Review Criteria and Findings. The planning commission and the city council shall evaluate applications for transmission facilities permits in accordance with intent and purpose statement contained in Section 18.36.021 and any applicable land use plans and policies adopted by the city council. Any decision of the city council on a transmission facilities permit application shall be based on findings concerning:

(1)

The consistency of the proposed facilities with the city's general plan and applicable redevelopment and specific plans;

(2)

Whether there are feasible alternatives to the proposal; and

(3)

Such other factors related to the public health, safety, and welfare as are included within the policies set forth below for assessing transmission facilities permits.

(f)

Policies. The city adopts the following policies for reviewing transmission facilities permit applications:

(1)

To discourage within the city lattice towers along new transmission lines rights-of-way or along portions of existing right-of-way utilized for expansion of the transmission system.

(2)

To incorporate into a project mitigation measures appropriate to the site of a particular project and each transmission line segment of a project whenever feasible, such as undergrounding or rerouting transmission lines to reduce economic impacts, visual impacts and antenna reception interference, reducing the number of poles or towers used for a project, using landscaping to screen or soften the visual impacts of projects, and incorporating sound attenuation measures into projects.

(3)

To locate substations on other than local or collector streets.

(4)

The following routing preferences are adopted:

a.

Preference shall be given to the location of transmission lines in the rank order specified below:

1.

Within existing public utility transmission rights-of-way or rights-of-way anticipated for other projects proposed pursuant to Sections 18.36.021 through 18.36.025.

2.

Adjacent to railroads or adopted freeway routes.

3.

Adjacent to or through existing or planned agricultural uses.

4.

Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial.

b.

Preference shall be given to the location of substations in the following rank order:

1.

Areas designated for industrial or commercial land uses in an adopted plan.

2.

Undeveloped areas designated for residential use in an adopted plan.

3.

Areas designated agricultural-urban reserve in an adopted plan.

4.

Sites designated for residential use in an adopted plan and surrounded by existing residential uses.

(Ord. 480B § 2(part), 1986)

Mobile homes, trailer coaches, camp cars, trailers or boats maintained on any lot, piece or parcel of land, other than a lawful commercial storage facility, mobile home park, trailer park or trailer court or compatible single-family lot as determined by Chapter 18.68, shall comply with the following conditions:

(1)

The vehicle, trailer or boat shall not be maintained in any required front yard or side street yard. The vehicle or boat shall be located behind a six-foot-high wall, fence or adequate landscaped screen within the side or rear yard.

(2)

The vehicle, trailer or boat shall be situated not closer than three feet to any main building.

(3)

The vehicle, trailer or boat shall not be used for sleeping quarters nor shall any sanitary or cooking facilities be used therein.

(Ord. No. 1088B, § 9, 6-10-2025; Ord. 730B § 4, 2003; Ord. 389B § 1, 1981: Ord. 357B § 4.02.020, 1979)

18.36.040 - Fences, hedges and walls.

Fences, hedges and walls may be erected in any district subject to the following conditions:

(1)

Fences, hedges and walls not exceeding six feet in height may occupy any side, side street or rear yard area, provided:

a.

That such fences, walls or hedges do not extend into any front yard;

b.

That in the case of a corner lot, fences, walls and hedges may extend to within five feet of the side street yard property line along a side street or into the portion of the rear yard abutting the side street yard.

c.

Fences, hedges and walls not exceeding four feet in height may occupy the front yard provided they obtain a city encroachment permit if so required by the city engineer.

(2)

Fences or structures exceeding six feet in height, for the purpose of enclosing commercial or industrial uses, or tennis courts and similar uses, when located on the rear half of a lot, may be erected subject to the obtaining of a conditional use permit as provided in Chapter 18.56. Fences around electric substations or other public facilities may exceed six feet in height without securing a conditional use permit.

(Ord. No. 824B, § 1, 10-23-2007; Ord. 799B § 6, 2006; Ord. 685B § 1, 2000; Ord. 357B § 4.02.030, 1979)

18.36.050 - Accessory buildings.

(a)

Where an accessory building is attached to the main building, it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building. As defined in Section 18.36.060, an accessory structure located in any "R" district shall not be located within five feet of the side line of the lot or, in the case of a corner lot, within ten feet of the street side line.

(b)

A garage, attached or detached, which has vehicle access onto an alley shall not be located within ten feet of any alley. A garage, attached or detached, which is located adjacent to an alley but has no vehicle access to the alley may be located no closer than five feet to the alley.

(c)

Residential garage entrances opening onto a front or side street yard shall be located not less than 20 feet from the public street; provided that in the case of Hollywood drive from a side street yard (i.e., garage door is perpendicular to street), the minimum shall be ten feet from the public street.

(Ord. 799B § 7, 2006; Ord. 717B § 1, 2002: Ord. 498B § 1, 1987; Ord. 456B § 2, 1984; Ord. 357B § 4.02.040, 1979)

Accessory uses are defined as uses incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which do not alter the principal use of the lot or building or adversely affect other properties in the district. Such accessory uses are authorized in any district subject to the definitions set forth above.

(Ord. 357B § 4.02.050, 1979)

(a)

Swimming pools in any "R" residential district shall be constructed only on the rear one-half of the lot or 50 feet from the front property line, whichever is less; such pools shall not be located closer than three feet from the rear lot line, not closer than three feet from any side lot line, nor closer than ten feet from any side street yard lot line. If an easement exists, it shall not be encroached upon.

(b)

Filter and heating systems for any pool shall not be located closer than five feet from any property line.

(c)

No pool shall occupy over 50 percent of the required rear yard of any multiple dwelling or dwelling group. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.

(Ord. 494B § 1, 1987: Ord. 357B § 4.02.060, 1979)

CHAPTER 18.37 - ACCESSORY DWELLING UNITS (ADU)[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 1099B, § 5, adopted September 23, 2025, repealed the former Chapter 18.37 §§ 18.37.008—18.37.100, and § 6(Exh. A) of said ordinance, enacted a new Chapter 18.37 as set out herein. The former Chapter 18.37 pertained to the same subject matter and derived from [Ord. No. 1080B, § 5(5.1B —5.1H, 5.1J—5.1N), July 23, 2024.

This section is intended to implement the provisions of California Government Code Section 66313, in case of ambiguity, shall be interpreted to be consistent with such provisions. ADUs are allowed in areas where residential uses are allowed to contribute to the following City of Lincoln Housing Element goals.

•

Goal 1: Accommodate new housing to meet the needs of present and future Lincoln residents at all income levels.

•

Goal 3: Address special housing needs in Lincoln.

•

Goal 4: Promote equal housing opportunities.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1)

"Accessory Dwelling Unit" (ADU) is a dwelling unit that is accessory to the primary residence and has complete independent living facilities for one or more persons. ADUs can be:

•

Detached: separate from the primary structure

•

Attached: attached to the primary structure

Converted existing space: conversion of an attached garage, bedroom, storage area, accessory structure, etc.

(2)

"Junior Accessory Dwelling Unit" (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling.

(3)

"Multifamily dwelling" means a structure containing two or more attached primary dwelling units on a single lot, not including ADUs or JADUs. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

(4)

"Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including ADUs or JADUs.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

18.37.010 - Permitted use.

An ADU and a JADU are permitted on any lot located within any zone where residential uses are permitted by-right or by conditional use provided a permit is obtained in accordance with the provisions of this chapter.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1)

Applications for ADUs and JADUs pursuant to this section shall be approved or denied ministerially as part of a building permit, without discretionary review or a hearing within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot.

(2)

If the application to create an ADU or a JADU is submitted with a permit application to create a new singlefamily dwelling on the lot, the city may delay acting on the application for the ADU or the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

18.37.030 - General requirements.

(1)

Siting.

a.

An ADU shall be sited as follows:

i.

Within a proposed or existing single-family dwelling or an accessory structure to a single-family dwelling.

ii.

Within an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure.

iii.

Detached from, but located on the same lot as, a proposed or existing single-family dwelling, or an existing multifamily dwelling.

iv.

Attached to a proposed or existing single-family dwelling. A breezeway does not constitute an extension of the primary dwelling because a breezeway does not create a shared common wall between the two individual buildings.

b.

An ADU located within a multi-family dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.

c.

A JADU shall be located entirely within a proposed or existing single-family dwelling structure including within an attached garage.

(2)

Density. ADUs or JADUs shall not be counted toward the allowable density provided by the general plan or zoning.

(3)

Number of Units. The maximum number of ADUs or JADUs permitted on each lot is provided by Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot.

Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot

Lot Type Number of ADUs Number of JADUs

(4)

Non-Conforming Properties. Prior to construction of an ADU, the city may or may not require correction of a nonconforming zoning condition. No building code violation may exist on the lot on which the ADU is to be located.

(5)

Owner occupancy for JADUs. The property owner must reside in any single-family residence that includes a JADU. The owner may reside in either the JADU or the remaining portion of the single-family residence. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

(6)

Sale and Rental of Units.

a.

Except as provided in Government Code Sections 66340, 66341, ADUs and JADUs may not be sold or otherwise conveyed separately from the primary residence.

b.

An ADU or JADU may not be rented for less than 31 consecutive days.

(7)

Deed Restriction. Approval for a JADU or ADU (if applicable) will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where the unit is, or will be, located. The covenant shall be approved by the city attorney and the community development director. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:

a.

For JADUs:

i.

A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

ii.

A restriction on the size and attributes of the unit that conforms to Government Code Section 66313, including the owner-occupancy requirement pursuant to subsection 18.37.030(5).

(8)

Living Facilities.

a.

ADUs shall include complete independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.

b.

JADUs shall include living facilities. This includes permanent provisions for living, sleeping, eating, and cooking (i.e. efficiency kitchen), as defined in Government Code Section 66313. JADUs may include a separate bathroom or may share it with the primary residence.

(9)

Separate Entrances. JADUs and ADUs located within or attached to a primary residence shall include a separate entrance from that of the primary residence. No passageway shall be required in conjunction with the construction of an ADU as defined by Government Code Section 66313.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

New ADUs or JADUs are prohibited if the city engineer determines the area has insufficient water or sewer service.

a.

New ADU or JADU built concurrently with primary dwelling:

i.

The city will require connection fees or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

b.

Existing primary dwelling:

i.

Attached ADU/JADU—The city will not require separate utility connection or connection fees.

ii.

Detached ADUs—The city may require a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1)

ADUs and JADUs shall comply with the development standards in Table 18.37.050-1: Development Standards for ADUs and JADUs.

Table 18.37.050-1: Development Standards for ADUs and JADUs

NOTES

[1] Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an ADU or JADU that is within or attached to the primary dwelling.

[2] No setback is required for the conversion of an existing accessory structure to an ADU or JADU; or for a replacement structure in the same location and/or footprint.

[3] For the conversion and/or expansion of an existing accessory structure to an ADU, the side and rear setback requirement for the expansion may be less than 4 feet. if the proposed setback protects health and fire safety; provided, that the expansion is no more than 150 square feet beyond the physical dimensions of the existing accessory structure and solely for the entrance and exit from the ADU. If the expansion is greater than 150 square feet or for a purpose other than facilitating entrance to and exit from the ADU, then the 4-feet side and rear set back will apply.

[4] This maximum height requirement only applies to new construction. This requirement does not apply if an ADU or JADU is within an existing structure.

(2)

Except as provided in Table 18.37.050-1, ADUs and JADUs shall comply with all building and development standards applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to 18.37.050(3) below.

(3)

If other development standards (such as lot coverage or open space) would prevent the approval of an ADU that is at least 800 square feet and 16 feet high, then the applicant is permitted an ADU that is up to 800 square feet and 16 feet high.

(4)

ADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(5)

Approval of an ADU or JADU shall not be contingent on the correction of nonconforming conditions on the subject property.

(6)

ADUs and JADUs must comply with the Building Code, Fire Code, Health and Safety Codes, and noise insulation standards applicable at the time the building permit for the ADU or JADU is issued.

(7)

Utility connections shall be established in accordance with Title 13—Public Services of the Lincoln Municipal Code. The city shall not require a separate utility connection between an ADU or JADU and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the ADU or JADU was constructed with a new single-family home.

(8)

If a manufactured home is used as an ADU, it shall comply with the standards of this section.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1)

No additional off-street parking spaces are required for an ADU or JADU.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

The following architectural style standards apply to ADUs outlined in Government Code Section 66314 and are not applicable to ADUs created under Government Code Section 66323:

(1)

Exterior Finish Materials. The exterior materials must meet one of the following:

a.

Must be made from stucco, wood, composite boards, vinyl or aluminum products.

b.

If the ADU proposes siding, then it must be composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern. The boards in the pattern must be six inches or less in width.

(2)

Roof Pitch. The pitch of the roof with the highest ridgeline must meet one of the following:

a.

The pitch of the roof with the highest ridgeline must be the same as the pitch of the roof with the highest ridgeline of the primary structure; or

b.

The pitch of the roof with the highest ridgeline must be at least 6/12.

(3)

Trim. The trim must meet one of the following:

a.

The trim around all windows and doors must be at least 3½ inches wide.

(4)

Windows. The windows on all street facing facades must meet the following:

a.

Each window must be square or vertical—At least as tall as it is wide.

(5)

Eaves. The eaves must meet one of the following:

a.

The eaves must project from the building walls at least one foot on all elevations; or

b.

If the primary structure has no eaves, no eaves are required.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

18.37.080 - Fees, exactions requirements.

(1)

For the purpose of the assessment of all fees and exactions consistent with this code, construction of an ADU shall be considered separate from that of the existing single-family dwelling on the lot, and the payment of fees and exactions for such ADU shall be in addition to those which may have been paid for the existing single-family dwelling except if the ADU meets the following criteria:

a.

Traffic impact mitigation fees and public facility fees shall not be imposed upon the development of an ADU less than 750 square feet.

b.

Traffic impact mitigation fees and public facility fees charged for an ADU of 750 square feet or more, the square footage in excess of the 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.

c.

The city council may, by policy, provide for fee modifications, waivers or deferments.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

A permit for ADUs and JADUs issued pursuant to this chapter shall be conditioned upon, and the applicant must agree to allow inspections of the site and proof of compliance with this chapter, and the requirements imposed in the granting of the permit, and other city codes, resolutions and ordinances.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

This chapter shall in no way validate any existing illegal ADU or JADU. Correction of nonconforming zoning and/or building conditions may not be required to otherwise bring said ADU or JADU into compliance per Government Code Section 66332.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

CHAPTER 18.38 - AREA AND YARD REGULATIONS

The area, yard and other regulations specified in this title in the various districts are subject to the general regulations in this chapter.

(Ord. 357B § 4.03.000, 1979)

In any "R" district, a single-family dwelling may be erected on any lawfully created parcel of land, the area of which meets the requirements of this title. No structure shall be erected on any substandard lot if the parcel was acquired from the owner of record of contiguous property, or his transferee, after the adoption of the ordinance codified in this chapter. The width of yards for single-family dwellings constructed pursuant to this section may be reduced to ten percent of the width of the lot but in no instance less than three feet.

(Ord. 357B § 4.03.010, 1979)

Dwelling groups shall be constructed so that the following minimum distances are provided between buildings and between buildings and lot lines:

(1)

The sum of the height of any two adjacent buildings, divided by two, but in no case less than 15 feet, shall be maintained between main buildings.

(2)

A minimum of 15 feet shall be maintained between a side yard line and the access side of a single row of dwelling groups.

(Ord. 357B § 4.03.020, 1979)

Except in the case of a single-family dwelling, any garage or carport required by the provisions of this division, or required by the conditions of any conditional use permit, shall be constructed so that no entrance or open side faces, or opens onto, a street contiguous to any lot or parcel, unless such entrance or open side can be closed by means of a door, or doors, or similar device, or is screened by a fence, hedge, wall or similar structure which is not more than 50 percent transparent.

(Ord. 357B § 4.03.030, 1979)

Open, uncovered, raised porches, landing places or outside stairways may not project into any required side, front or rear yards.

(Ord. 357B § 4.03.040, 1979)

Architectural features on the main building, such as cornices, eaves, canopies and sills, may not extend more than two feet into any side yard or side street yard. Eaves and canopies may extend a maximum of three feet into the required front or rear yard.

(Ord. 357B § 4.03.050, 1979)