Chapter 18.40 — HEIGHT REGULATIONS

The height regulations specified for the various districts in this title shall be subject to the height regulations and exceptions in this chapter. Exception: Where chimneys, silos, cubicles, flagpoles, monuments, gas storage holders, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in the district, height limits may be exceeded upon the securing of a conditional use permit from the planning commission pursuant to the provisions in Chapter 18.56.

(Ord. 690B § 1, 2000: Ord. 357B § 4.04.000, 1979)

In any district in which the height limit is less than 75 feet, public and semipublic buildings, communication equipment buildings, schools, churches, hospitals, other institutions and commercial buildings permitted in such districts may be erected to a height not exceeding 75 feet upon securing a conditional use permit from the planning commission.

(Ord. 799B § 8, 2006: Ord. 357B § 4.04.010, 1979)

CHAPTER 18.41 - WIRELESS TELECOMMUNICATIONS FACILITIES Article I. - General

The purpose of this chapter is to provide uniform standards for the design, placement and permitting of wireless telecommunication facilities consistent with applicable federal requirements. The standards are intended to minimize the adverse visual impacts and operational effects of these facilities through appropriate design, siting and screening techniques while providing for the communication needs of residents, local businesses and governmental agencies.

(Ord. 690B §2 (part), 2000)

Wireless telecommunication facilities are regulated at the federal, state and local level. In February 1996, the Federal Government enacted the 1996 Telecommunications Act. This Act contains provisions concerning the placement of antenna structures and other facilities for use in providing personal wireless services. Specifically, Section 704 preserves the right of local agencies to regulate these facilities based on aesthetics, visual impacts and land use impacts.

(Ord. 690B §2 (part), 2000)

For the purposes of this chapter, the following terms shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended:

(1)

"Antenna" means any system of wires, poles, rods, discs or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.

(2)

"Co-location" means the practice of sharing support structures and buildings by wireless telecommunications providers (either public or private).

(3)

"Façade mounted antenna" means an antenna that is directly attached to or affixed to any building façade.

(4)

"Flush mounted antenna" means an antenna mounted to a structure which does not project above the facade to which it is mounted, does not project more than 18 inches from the surface it is mounted to, and is a minimum of 15 feet above grade.

(5)

"Ground mounted antenna" means an antenna with its support structure placed directly on the ground.

(6)

"Lattice tower" means a three or more legged open structure designed and erected to support wireless telecommunication antennas and connecting appurtenances.

(7)

"Monopole" means a single pole structure (non-lattice) designed and erected to support wireless telecommunications antennas and connecting appurtenances.

(8)

"Panel antenna" means an antenna or array or antennas designed to concentrate a signal in a particular area. Panel antennas are typically flat, rectangular devices generally less than six square feet in size, although some types are larger. Also known as directional antennas.

(9)

"Roof mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

(10)

"Stealthing" means improvements or treatments added to wireless telecommunications facility which mask or blend the proposed facility in to the existing structure or visual backdrop in a such a manner as to render it "minimally visible" to the casual observer. Stealthing may utilize, but does not require, concealment of all components of the wireless facility.

(11)

"Wireless telecommunication facility" means any structure, antenna, pole, equipment and related improvements which support the wireless telecommunications industry in the transmission and/ or reception of electromagnetic signals.

(Ord. 690B §2 (part), 2000)

Article II. - Permitting

Wireless telecommunications facilities that are generally considered to have minimal impacts or which are exempt from local review by state or federal statutes have been classified as exempt under this article and are not subject to discretionary review when in compliance with the development standards set forth herein. Other wireless telecommunication facilities that have the potential to create impacts have been categorized to allow for additional review. Unless listed below as exempt or prohibited, no wireless telecommunication facility shall be constructed without first obtaining the prescribed permit.

(Ord. 690B §2 (part), 2000)

Two pre-application meetings are recommended for all wireless telecommunications proposals. The first should take place at the earliest stage of site location research and should include a service area map and description of the type of antenna facility required. The second is recommended after the site is selected and should include a preliminary site plan and visual impact drawings. No fees are charged for review of material submitted at this stage.

(Ord. 690B §2 (part), 2000)

All applications for wireless telecommunication facilities shall be submitted to the community development department. The number and size of plans shall be determined by the community development director or his designee, who may waive certain requirements or require additional information based on specific project factors. Any submittal shall contain the following information:

(1)

Submittals shall include all application materials generally required for the type of permit sought (i.e., conditional use permit).

(2)

Site plan, including all facility related support and protection equipment. Plan shall also describe general project information including the type of facility, number of antennas, height to top of antenna(s), radio frequency range, wattage output of equipment, statement of compliance with current FCC requirements and a description of the anticipated maintenance program and back-up generator power testing schedule.

(3)

Elevations of all proposed wireless telecommunication structures and appurtenances, and composite elevations from the street(s) and view-sheds showing the proposed project and all buildings on the site.

(4)

Photo simulations, photomontage, story poles, elevations or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstration shall include accurate scale and coloration of the proposed facility.

(5)

Landscape plan that shows existing vegetation, vegetation to be removed and proposed plantings by type, size, location and method of irrigation. If deemed necessary, the community development director or his/her representative may require a registered arborist's report to document project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction.

(6)

A geographic service area map with and without the proposed facility showing "hand-off" sites within the city planning area and distances between these sites. The map shall illustrate the geographic area the facility could be located in and all other existing sites that could be used for the proposed antenna location. The map shall also include all wireless telecommunication facilities of all telecommunication service providers within 1,000 feet of the proposed site.

(7)

Provide a discussion of and supporting information regarding alternative site selection and co-location opportunities in the service area. Each application shall demonstrate how the proposed facility satisfies the locational preference guidelines established by resolution. If the proposed location is not a preferred location, the application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected and a contact list used in the site selection process.

(8)

Provide noise and acoustical information for the base transceiver station(s) equipment buildings, and associated equipment such as air-conditioning units and back-up generators.

(9)

A cumulative impact analysis may be required for the proposed facility and other wireless telecommunication facilities on or near the project site. The analysis shall include the height of all existing

and proposed wireless telecommunication facilities on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment and a report estimating the ambient radio frequency fields and cumulative electro-magnetic radiation at the proposed site.

(10)

Statement by the applicant of willingness to allow other carriers to co-locate on their facilities whenever technically and economically feasible and aesthetically desirable.

(Ord. 690B §2 (part), 2000)

The following wireless telecommunication facilities are exempt from discretionary review under this chapter, provided they meet the location and design requirements set forth below:

(1)

Interior and exterior facilities accessory to a residential use of a site, including, but not limited to, television antennas, satellite dishes and amateur radio facilities meeting the requirements set forth below.

a.

One satellite dish or other similarly scaled telecommunication device not exceeding one meter in diameter per dwelling unit. Satellite dishes and similar devises may not extend above the roof peak or parapet. Satellite dishes and similar devises placed on property zoned multi-family use shall not be located in such a manner as to result in visual clutter.

b.

Ground-mounted antennas and support structures shall not be located within the front or side yard setbacks.

c.

Antenna height shall not exceed the maximum allowable building height by more than ten feet.

(2)

Public safety facilities including transmitters, repeaters and remote cameras meeting the requirements set forth below.

a.

Facilities shall be located on existing public structures such as buildings, towers, bridges and light poles.

b.

Facilities shall be treated to match the supporting structure.

(3)

Wireless telecommunication facilities accessory to other public equipment such as irrigation controls, well monitoring and traffic signals.

(4)

Wireless telecommunication facilities erected and operated for emergency situations meeting the requirements set forth below:

a.

The facility shall be removed at the conclusion of the emergency.

(5)

Mobile facilities when placed on a site for less than 24 consecutive hours.

(6)

Facilities specifically exempted under state or federal law.

(Ord. 690B §2 (part), 2000)

Class 1 facilities as described below shall require an administrative design review approval from the community development director or his/her designee pursuant to Chapter 18.68 of this code and must meet the criteria as set forth in this section. The community development director or his/her designee shall have authority to approve an administrative design review application upon a determination that the criteria set forth in Section 18.41.080 has been met. Within ten days of receiving a complete application, the community development director will render a determination regarding the approval of the application. The director shall have the authority to approve, approve with conditions, or deny an application. The community development director may, at his or her discretion, schedule for review by the planning commission any application for approval. The planning commission shall have the authority to approve, approve with conditions or deny all applications for design review if so scheduled by the director. Class I facilities shall consist of the following:

(1)

Additional antennas on a tower for which a conditional use permit has been previously approved that allows co-location and meet the requirements set forth below.

a.

The tower was constructed and is operating in accordance with the requirements of the conditional use permit.

b.

The type and size of proposed antenna(s) is consistent with the requirements of the conditional use permit.

c.

The new antenna array does not exceed the height of the existing tower.

d.

The antenna array is the second or third grouping on the tower.

e.

The proposed array fits within the three-dimensional envelope of the existing tower and arrays.

f.

The proposed array does not include a microwave dish greater than one meter in diameter.

g.

The combined EMR for all arrays does not exceed state or federal standards.

h.

The new array does not require major modifications to the existing tower.

i.

The new array is consistent with the style and color of the existing tower and arrays.

j.

The new array does not contain graphics, lettering, signage, markings or advertisement except for necessary safety warnings required by law.

(2)

Facade mounted antennas in industrial zones meeting the requirements set forth below:

a.

The lowest part of the antenna shall be a minimum of 15 feet above grade.

b.

The antenna and mountings shall not project more than 18 inches from the building surface to which it is mounted.

c.

Antennas, connections and supports shall be treated to match the color scheme of the building.

d.

Antennas and connections shall not project above the mounting facade.

e.

Ground-mounted support equipment shall be undergrounded or screened from public view.

f.

Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.

g.

If panel type antennas are proposed, the total square footage of all panels shall not exceed 25 square feet on any facade.

(3)

Wireless telecommunication facilities concealed from public view or fully integrated into the site architecture of non-residential structures to be constructed, renovated or remodeled.

(Ord. 690B §2 (part), 2000)

Class II facilities as described below shall be reviewed in accordance with Chapter 18.64 of this code (Design Review) and must meet the criteria as set forth in this section. Class II facilities consist of the following:

(1)

Any exempted or Class I facility which does not meet the location and design standards of Sections 18.41.070 or 18.41.080, respectively;

(2)

Any mobile antenna when placed on a site for more than 24 hours, but less than 30 days meeting the requirements set forth below:

a.

Antenna vehicle/trailer shall be located only on an improved surface.

b.

Parking and access for support personnel shall be on an improved surface.

c.

Day and night safety marking shall be provided.

d.

The antenna vehicle/trailer and support parking shall not be located within a public right-of-way.

(3)

Roof-mounted facilities on non-residential structures meeting the requirements forth below:

a.

The facility and related equipment shall be fully screened from public view or architecturally integrated into the building design.

b.

Antennas shall match the color scheme of the building facade to which they are attached.

c.

Ground-mounted equipment shall be undergrounded or screened from public view.

d.

Antennas and support structures shall not exceed the allowable height limit for the zone or exceed the roof parapet by more than six feet, whichever is less.

(4)

Wireless telecommunication antennas on publicly owned or publicly utilized lands meeting the requirements set forth below:

a.

Antennas may be mounted on existing buildings or structures. Ground-mounted antennas shall not exceed 15 feet.

b.

The antennas shall be integrated into the site and/or structure design.

c.

Ground-mounted equipment shall be undergrounded or screened from public view.

d.

Parking and access shall be on an improved surface.

(5)

Replacement of previously approved towers in commercial and industrial zones meeting the requirements set below:

a.

The height of the new tower is equal to or less than the existing tower.

b.

If technological improvements or developments occur which allow the use of a materially smaller or a less visually obtrusive tower, the applicant may be required to upgrade the tower to minimize adverse impacts.

(6)

Placement of private carrier facilities on utility, signal or lighting structures within a public right-of-way or easement meeting the requirements set forth below:

a.

Antennas shall be treated to match the supporting structure.

b.

Antennas mounted in residential areas shall be no more than two feet in height and one foot in width. In all zones, antenna size shall be limited to the minimum functional size.

c.

Ground-mounted equipment shall be undergrounded or screened from public view.

d.

The city retains the right to deny an application for this type of wireless telecommunication facility based on aesthetic impacts alone.

(7)

Antenna arrays mounted on existing signs, water towers, sport field light towers and other similarly scaled structures meeting the requirements set forth below:

a.

Antennas shall be treated to match the supporting structure.

b.

Ground-mounted equipment shall be undergrounded or screened from public view.

c.

The city retains the right to deny an application for this type of wireless telecommunication facility based on aesthetic impacts alone.

(Ord. 690B §2 (part), 2000)

Class III wireless as described below shall be reviewed in accordance with Chapter 18.56 of this code (Conditional Use Permits), and must meet the criteria as set forth in this section. Class III facilities shall consist of the following:

(1)

Any Class II facility which does not meet the location and design standards of Section 18.41.090;

(2)

Monopole or lattice tower facilities in any zone meeting the requirements set forth below:

a.

Monopoles and lattice towers shall be located and designed to minimize visual impacts. Towers located in high visibility locations shall incorporate "stealth" design techniques to disguise the tower as art/sculpture, clock tower, flagpole, tree or other appropriate and compatible visual form.

b.

Monopole and lattice towers shall be located on the rear half of the parcel, unless aesthetic benefit is achieved through an alternative location.

c.

New private monopoles and lattice towers shall not be located within 500 feet of residentially zoned or developed parcels.

d.

Monopoles and lattice towers shall generally not be permitted within 1,000 feet of an existing tower. This standard may be modified upon a finding by the planning commission that the cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. Independent review of the request, at the applicants cost, may be required by the director of community development.

e.

Monopoles and lattice towers shall be designed at the minimum functional height. Tower height shall generally not exceed the maximum height for buildings in the zoning district in which it is located by more than ten feet. This standard may be modified upon a finding by the planning commission that the cumulative visual impacts are not significant and that the height is necessary to provide services not possible with a tower meeting the height standard. Independent review of the request, at the applicant's cost may be required by the director of community development. If no maximum building height is established in this chapter, the height of the tower shall be reviewed for the visual impact on the surrounding land uses and the community.

f.

As a condition of approval for all monopoles and lattice towers, the applicant shall provide the city with a written commitment that they will allow other service providers to co-locate on towers where technically and economically feasible.

g.

Ground mounted equipment shall be undergrounded or screened from public view.

h.

Parking and access shall be on an improved surface.

(3)

Non-accessory wireless telecommunication facilities located on residentially developed land meeting the requirements set forth below:

a.

Wireless telecommunication facilities which are not accessory to single-family or two-family dwellings, shall not be permitted on lands zoned or developed for such use.

b.

Wireless telecommunication facilities shall be limited to building or facade mounted facilities which are integrated into the architectural design and treated to match the building.

c.

Wireless telecommunication facilities shall meet all state and federal requirements for health and safety pertaining to distance from sensitive receptors.

(4)

Wireless telecommunications facilities located on publicly owned lands not otherwise having local land use zoning, but lying within the jurisdiction of the city meeting the requirements set forth below:

a.

Monopole and lattice towers must be in compliance with the standards of subsection 18.41.100(2) of this chapter.

b.

Shall be subject to periodic review as established in Section 18.41.190 of this chapter.

c.

Ground-mounted equipment shall be underground or screened from public view.

d.

Parking and access shall be on an improved surface.

(5)

Other wireless telecommunication facilities not listed as exempt, permitted, or prohibited.

(Ord. 690B §2 (part), 2000)

The following wireless telecommunication facilities shall be prohibited:

(1)

Wireless telecommunication facilities located within designated sensitive habitat areas such as habitat restoration areas. The department of community development shall maintain a map identifying such areas;

(2)

Wireless telecommunication facilities where the combined EMF/RF exceeds the state or federal standard;

(3)

Non-accessory wireless telecommunication facilities located on lands developed or zoned for single-family or duplex residential districts.

(Ord. 690B §2 (part), 2000)

Article III. - Location and Design Standards

(a)

In any instance where a wireless telecommunication facility requires design review approval under the ordinance codified in this chapter, the director of community development shall have the discretion to also require a conditional use permit upon finding that the facility may have significant negative impacts on surrounding properties or land uses.

(b)

If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment, the service provider may be required to replace or upgrade an approved facility upon application for a new permit m order to minimize the facility's adverse impacts on land use compatibility and aesthetics.

(c)

Each service provider with a wireless telecommunication facility in the city shall obtain a city business license prior to initiation of service.

(Ord. 690B §2 (part), 2000)

The city council may, by resolution, establish location and design guidelines for wireless telecommunication facilities. Such guidelines shall be consistent with the development standards established in this chapter and shall be considered and applied by the community development department and planning commission when considering applications for the development or replacement or wireless telecommunication facilities.

(Ord. 690B §2 (part), 2000)

(a)

All wireless telecommunication facilities shall be designed to the minimum functional height required.

(b)

Unless otherwise noted in this chapter, wireless telecommunications facility height shall not exceed the maximum allowable building height for the zone in which the facility is located by more than ten feet. If no maximum building height is established in the this chapter, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community.

(c)

The height of a wireless telecommunication tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

(d)

The planning commission may approve an increase in height upon making the determination that the additional height is necessary to meet the technical requirements of the facility at a specific location and that the health, safety and general welfare of the public warrants the increase in height.

(Ord. 690B §2 (part), 2000)

(a)

Landscaping, wherever appropriate, shall be used as screening to reduce visual impacts of wireless communication facilities. Any proposed landscaping shall be visually compatible with existing vegetation m the vicinity.

(b)

Existing landscaping in the vicinity of a proposed wireless communication facility shall be protected from damage during and after construction. Submission of a tree protection plan may be required to ensure

compliance with this requirement.

(c)

Off-site landscaping may be required to mitigate off-site impacts, subject to willing property owners. Additional landscaping may also be required in public rights-of-way to obscure visibly of wireless telecommunication facilities from passing motorists, bicyclists and pedestrians.

(Ord. 690B §2 (part), 2000)

Article IV. - Management

18.41.160 - Public health and safety.

(a)

No wireless communication facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.

(b)

All wireless telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and/or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of the wireless telecommunication facility by the city at the property owner's expense.

(c)

If it is found that wireless telecommunication facilities are or will be detrimental to the health, safety or welfare of persons working or residing near such facilities, then the service provider(s) shall be solely responsible for the removal, adjustment or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety and welfare. A facility shall not be found to create a hazard to health, safety or welfare as a result of EMF or RF emissions from the facility so long as it meets all then current standards established by the FCC or other federal agency having jurisdiction.

(d)

The wireless telecommunication service provider shall submit a certification to the community development department from a licensed engineer in the field of EMF/RF emission, ten days after full power operation, and on two-year intervals after the initial certification, verifying that the facility is and has been operated within the then current applicable federal standards for EMF/RF emission standards. The report shall consider cumulative effects of co-located facilities and be written in plain English.

(Ord. 690B §2 (part), 2000)

(a)

Wireless telecommunication facilities, power sources, ventilation and cooling facilities shall not generate noise discernable beyond the property lines. Wireless telecommunication facilities located on occupied buildings shall not produce noise that is discernible to the building occupants.

(b)

Back-up generators shall only be operated during power outages and for testing and maintenance on weekends between the hours of 9:00 a.m. and 4:00 p.m.

(Ord. 690B §2 (part), 2000)

18.41.180 - Minimum performance standards.

(a)

Wireless telecommunication facilities shall not be operated in any manner that would cause interference with the city's emergency telecommunication system.

(b)

Fencing, barriers or other appropriate measures to restrict access to wireless telecommunication facilities shall be maintained.

(c)

The service provider(s) shall maintain all required warning and emergency contact signs at the wireless telecommunication site. The signs shall not include advertising and shall be posted in a manner to reduce visual clutter.

(d)

Lighting shall not be permitted on wireless telecommunication facilities unless required as a public safety measure. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding uses. Security lighting installed at wireless telecommunication facility sites shall only be operational when personnel are present.

(Ord. 690B §2 (part), 2000)

(a)

The city may conduct a periodic review of wireless communication facilities to consider whether or not the facility is conforming with the conditions of its discretionary approval or appropriate permits. The city shall consider whether or not the facility is conflicting with emerging land uses approved under the applicable

general or specific plan. If the city concludes that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the carriers shall work with the city to develop a plan for achieving these mitigation goals.

(b)

The city may impose a condition limiting the duration of any permit for a wireless telecommunication facility located on a property zoned other than industrial. As part of such condition, the city shall specify the threshold which would trigger termination of the permit following a duly noticed public hearing.

(Ord. 690B §2 (part), 2000)

18.41.200 - Implementation and monitoring costs.

(a)

The wireless telecommunication service provider or its successor(s) shall be responsible for the payment of all reasonable costs associated with monitoring the conditions of approval contained in any discretionary approval issued pursuant to this chapter of this title, including costs incurred by the city or any other appropriate agency. The community development department shall collect such costs on behalf of the city.

(Ord. 690B §2 (part), 2000)

Any carrier/service provider authorized by the city to operate a wireless telecommunication facility may assign the operation of the facility to another service provider licensed by the FCC provided that advanced notice of the transfer is given to the community development director and all conditions of approval for the subject facility are carried out by the new service provider. Notwithstanding the above, a service provider may transfer, without advanced notice, operation of a facility to its general partner or any party controlling or controlled by the existing service provider.

(Ord. 690B §2 (part), 2000)

If any wireless communication facility or attached wireless communication facility is not operated for a continuous period of six months, the service provider shall notify the community development director. A wireless communication facility shall be considered abandoned and shall be removed by the facility owner within the next six months and the site restored to its original setting. The city may, at its discretion, require the posting of a performance surety to cover the cost of the removal of abandoned facilities.

(Ord. 690B §2 (part), 2000)

Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this chapter. Failure to comply with any condition shall constitute grounds for revocation. If a condition violation is not remedied within a reasonable period, the community development

director may schedule a public hearing before the planning commission to consider revocation of the permit or approval granted under this chapter. The planning commission revocation action may be appealed to the city council.

(Ord. 690B §2 (part), 2000)

If any action, subsequent sentence, clause or phrase of this chapter is, for any reason, held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of remaining portions of this chapter.

(Ord. 690B §2 (part), 2000)

From time to time the city may contract for the services of a qualified outside consultant to supplement staff in the review of proposed wireless telecommunication facilities. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project, and shall be contracted for and administered by the city.

(Ord. 690B §2 (part), 2000)

Any person dissatisfied with the decision to either approve or deny a development permit for the construction or modification of a wireless telecommunication facility, excluding exempt facilities, may file an appeal in accordance with Chapter 18.94 of this title.

(Ord. 690B §2(part), 2000)

CHAPTER 18.42 - SETBACK MEASUREMENTS

Yard depth and similar regulations specified in this title for the various districts shall be subject to the regulations of this chapter.

(Ord. 357B §4.05.000, 1979)

The setback of all buildings and structures shall be determined by the exterior boundaries of the streets and highways and their proposed widenings and extensions as indicated in the circulation element of the general plan. The width of any street or highway which does not appear in the circulation element of the general plan shall be determined from the standards for street widths and improvements as prescribed in Title 17 of this code.

(Ord. 357B §4.05.010, 1979)

In R-1 and R-2 districts, where four or more lots in a block have been improved with buildings at the time of the passage of the ordinance codified in this title, the minimum required front setback shall be an average of the setback on the improved lots, if the setbacks are less than the minimum requirements for the above districts.

(Ord. 357B §4.05.020, 1979)

CHAPTER 18.43 - SMALL CELLULAR COMMUNICATION FACILITIES

The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, collocation, modification, operation, maintenance, relocation, and removal of small cell facilities in the City of Lincoln's public right-of-way, consistent with applicable federal and state laws. Due to Section 704 of the Telecommunications Act of 1996 and subsequent Federal Communications Commission Orders, the city is prevented from taking into consideration all citizens' concerns with respect to the health effects of this technology.

Pursuant to 47 U.S.C. 332(c)(7), the city may not regulate the placement, construction, and modification of wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions. To the extent permitted by federal law, this chapter seeks to protect and promote public safety, and community welfare, and preserve the city's character and aesthetic quality, while also providing wireless services. These regulations are further intended to:

A.

Require small cell facilities in the public right-of-way to have minimal impacts on the city's streets and sidewalks.

B.

Require small cell facilities in the public right-of-way to be designed to minimize adverse visual impacts.

These regulations are not intended to, and shall not be interpreted or applied to:

A.

Prohibit or effectively prohibit personal wireless services; or

B.

Unreasonably discriminate among wireless communications providers of functionally equivalent services; or

C.

Regulate the placement, construction, or modification of small cell facilities based on the environmental effects of radio frequency emissions to the extent that such facilities comply with all applicable FCC regulations concerning such emissions; or

D.

Prohibit or effectively prohibit any collocation or modification that the city may not deny under applicable California or federal law; or

E.

Preempt any applicable California or federal law.

(Ord. No. 1016B, § 2, 10-13-2020)

18.43.020 - Definitions.

A.

The following definitions only apply to this chapter and shall not be construed to define the same terms found in any other section of this code. As used in this chapter, the following terms shall have the meaning set forth below.

"Antenna" means a device or system of wires, poles, rods, dishes, discs, or similar devices used to transmit and/or receive radio or electromagnetic waves.

"Base station" means the same as defined in 47 C.F.R. §1.6100(b)(1), as may be amended or superseded.

"City" means the City of Lincoln.

"City Engineer" means the City Engineer of the City of Lincoln, or his or her designee.

"Code" means the City of Lincoln Municipal Code, as may be amended.

"Collocation" means the same as defined by the FCC in 47 CFR §I.6002(g), as may be amended or superseded. "CPUC" means the California Public Utilities Commission, or its duly appointed successor agency.

"Existing" means the same as defined by the FCC in 47 C.F.R. §1.6100(b)(5), as may be amended or superseded.

"FCC" means the Federal Communications Commission or its duly appointed successor agency.

"FCC shot clock" means the time frame within which the city generally must act on a given wireless application, as defined by the FCC and as may be amended or superseded.

"Incommode the public use" means to unreasonably hinder, impede, or obstruct the public use; or to unreasonably subject the public rise to inconvenience or discomfort, as used in California Public Utilities Code §7901.

"Permit" or "small cell wireless permit" means the small cell wireless permit issued by the public works department and/or community development department for any work required in the public right-of-way for the installation or in support or otherwise related to a small cell facility, consistent with the technical and aesthetic guidelines for small cell wireless facilities. This permit may functionally include the approval of various other city permits, if applicable, including a street opening permit, a concrete permit, an electrical permit, and an encroachment permit.

"Permitting guidelines" means the technical and aesthetic guidelines for small cell wireless facilities approved by the city council, and available on the city's website, consistent with this chapter. "Personal wireless service facilities" has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded.

"Personal wireless services" has the same meaning as provided in 47 U.S.C. §332(c)(7)(C)(i), as may be amended or superseded.

"Public right-of-way" or "city right-of-way" means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the City of Lincoln and in its jurisdiction.

"Public works director" means the Director of Public Works of the City of Lincoln or his or her designee.

"RF" means radio frequency.

"Section 6409(a)" means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded.

"Technical and aesthetic guidelines for small cell wireless facilities" means the aesthetic and design standards for small cell wireless facilities approved by the city council, consistent with this chapter.

"Small cell wireless facilities" or "facility(ies)" means the same as defined by the FCC in 47 C.F.R. §1.6002(1), as may be amended or superseded, regardless of whether these facilities are located on wooden or other utility poles owned by utility companies or city-owned poles.

"Stealth technologies/techniques" are camouflaging methods applied to wireless communications facilities which render them visually inconspicuous.

"Visual impact" means the placement or design of a wireless communications facility or the associated equipment such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

"Wireless" mean any FCC-licensed or authorized wireless communications service transmitted over frequencies in the electromagnetic spectrum.

"Wireless communications facility(ies)" or "wireless facility(ies)" means an installation used to transmit signals over the air from facility to facility or from facility to user equipment for any wireless service and includes, but is not limited to, personal wireless services facilities. The term "wireless communications facilities" encompasses facilities that send, transmit, and/or receive radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images, or other

information, including, but not limited to, cellular and/or digital telephone service, personal communications services, and paging services. Wireless communications facilities include, without limitation, antennas and all other types of equipment for the transmission or receipt of such signals; towers or similar structures built to support such equipment; equipment cabinets, base stations, generators, cables, conduits, and other accessory development and support features; and screening and concealment elements. Also referred to as a "facility (ies)."

"Wireless communications provider" is any company or organization that provides or who represents a company or organization that provides wireless communications services. (Also referred to as "service provider").

B.

Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law.

(Ord. No. 1016B, § 2, 10-13-2020)

18.43.030 - Applicability.

A.

This chapter applies to:

1.

All applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy small cell wireless facilities within the public right-of-way, except as provided otherwise in this chapter below.

2.

All small cell facilities, including, without limitation, all new facilities, existing facilities, and modifications to existing facilities proposed after the effective date of this chapter.

B.

This chapter shall not apply to the following facilities:

1.

Facilities not proposed or currently located in the public right-of-way.

2.

Wireless communication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and any incorporating technologies including, but not limited to, city owned traffic operations technologies.

3.

Antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations.

4.

Small cell wireless facilities that are suspended, whether embedded or attached, on communication cables or lines that are strung between existing utility poles in compliance with applicable safety codes.

(Ord. No. 1016B, § 2, 10-13-2020)

A.

Small Cell Wireless Permit Required. Any applicant seeking to construct, install, modify, maintain or engage in an activity relating to a small cell facility in, on, under, or above the public right-of-way that is subject to this chapter, shall obtain a small cell wireless permit pursuant to the requirements of this chapter prior to conducting any work related to such wireless communications facility.

B.

Permit Application Form. The applicant shall submit a complete, duly executed small cell wireless permit application in a form approved by the public works department and/or community development department, which may be updated from time to time. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter, the technical and aesthetic guidelines for small cell wireless facilities. Applicant must pay a permit application processing fee as set by the city's fee schedule at the time the application is submitted.

C.

City Pole License. For any small wireless facility proposed to be installed on a city pole controlled by the city and located within the public right-of-way, wireless communications providers are required to enter into a master license agreement in a form as approved by the city attorney, for the use of a city pole in a specified license area and pay a license fee subject to the city's fee schedule. Any applicant seeking a master license agreement shall additionally pay a master license agreement administrative fee subject to the city's fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The applicant seeking a license to use a city pole must also apply for a small cell wireless permit. The absence of a city-approved master license agreement shall be an independently sufficient basis to deny the application for the small cell wireless permit for a city pole.

D.

Encroachment Area. The permit will authorize the use of a particular location within the public right-of-way to perform work related to a small cell wireless facility, referred to as the encroachment area. The permit shall specify the encroachment area and an applicant must comply with all the requirements for the

encroachment, in addition to other requirements consistent with this chapter, as a condition of approval of the permit.

E.

Other Permits. When a permit requires the approval of other city permits, the city engineer may review and approve such other applicable city permits, as part of the approval process for the permit. Except for these permits referenced herein or in the permitting guidelines, the applicant may be required to separately obtain other additional permits or approvals from the city, state, or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of permits or other approvals obtained from city, state, or federal agencies, unless expressly exempted by this chapter or by the city engineer.

F.

Fees. All required fees, security instruments, and cash deposits related to the permit, the master license agreement, the city pole license, and other required permits and approvals consistent with this chapter must be paid in full or be satisfied before the permit may be issued by the city. In addition, city may seek reimbursement of the actual reasonable costs related to licensing, permitting, and administering small cell wireless facilities in the public right-of-way at an applicable hourly rate as set by the city council. Failure to comply with this provision shall be a basis to deny, revoke, or terminate the permit, the master license or other applicable permit.

G.

Additional Procedures. The city council authorizes the public works director to establish forms and procedures relating to the implementation of this chapter; and determine the amount of and collect, as a condition of the completeness of any application, any fee established by city council relating to this chapter.

(Ord. No. 1016B, § 2, 10-13-2020)

18.43.050 - Required approvals.

A.

All small cell facilities in the public right-of-way shall:

1.

Comply with all applicable State and Federal laws including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and all applicable health and safety requirements, including Public Utilities Commission General Order 95, and as these rules may be amended or superseded.

2.

Be designed, modified, maintained or otherwise, to minimize visual, noise, impediments to access, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the City of Lincoln.

Technical and aesthetic guidelines for small cell wireless facilities.

3.

Be consistent with Sections 7901 and 7901.1 of the Public Utilities Code.

4.

Comply with all applicable local and state building codes, including building code structural requirements and all applicable rules and laws, including the City of Lincoln Technical and Aesthetic Guidelines for Small Cell Wireless Facilities.

5.

Comply with all applicable federal RF exposure standards and exposure limits.

(Ord. No. 1016B, § 2, 10-13-2020)

A.

The city shall not approve any request for a permit except upon a complete and duly filed application on the then-current form prepared by the city. The application shall comply with this chapter and any other written rules and policies the city may adopt consistent with this chapter, including but not limited to, the City of Lincoln Technical and Aesthetic Guidelines for Small Cell Wireless Facilities.

B.

The city engineer shall review all applications for the permit. The review process shall include: review of a RF report, whereby the city shall the verify that the RF exposure compliance report is prepared and certified by a California Registered Electrical Engineer who concluded that the proposed facility and any cumulative emissions from adjacent areas will comply with applicable federal RF human exposure standards and limits; visual and aesthetics, noise, access, and public convenience considerations; and review to ensure compliance with the City of Lincoln Technical and Aesthetic Guidelines for Small Cell Wireless Facilities, and all other applicable laws.

C.

The permit shall be acted on within all processing timelines required by the FCC shot clocks, applicable state or federal laws, or other applicable timelines.

(Ord. No. 1016B, § 2, 10-13-2020)

A.

Decision. The city engineer shall approve, conditionally approve, or deny a complete application for a small cell wireless facilities permit.

B.

Required Findings. The city engineer may approve or conditionally approve a complete permit application for a small cell facility when the city engineer finds:

1.

The proposed project meets the definition for a "small cell facility" as defined by the FCC;

2.

The applicant and/or the proposed facility complies with all applicable requirements of this chapter;

3.

The application is deemed complete by the city engineer, and complies with the permitting guidelines;

4.

The proposed project complies with all applicable design standards in the City of Lincoln Technical and Aesthetic Guidelines for Small Cell Wireless Facilities as determined by the city engineer;

5.

The applicant has demonstrated that the proposed project will be in compliance with all applicable health and safety regulations, which include without limitation the Americans with Disabilities Act and all FCC regulations and guidelines for human exposure to RF emissions;

6.

The proposed facility will not incommode the public use of the public right-of-way;

7.

The proposed construction plan and schedule will not unduly interfere with the public's use of the public right-of-way; and

8.

The proposed facility is in compliance with all federal and state standards and laws.

C.

Conditional Approvals; Denials Without Prejudice. Subject to any applicable federal or California laws, and the permitting guidelines, nothing in this chapter is intended to limit the ability of the city engineer to conditionally approve or deny without prejudice any application for a permit as may be necessary or appropriate to ensure compliance with this chapter.

D.

Decision Notices. Before the expiration of the applicable FCC shot clock, the city engineer shall notify the applicant pursuant to any FCC requirements.

E.

No Possessory Interest. No possessory interest is created by a permit.

(Ord. No. 1016B, § 2, 10-13-2020)

18.43.080 - Conditions of approval.

A.

Fees. The applicant for a small wireless facility shall be subject to all applicable fees and charges for small cell wireless facilities and the permit, which shall be determined by resolution adopted by the city council. If no resolution has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the city for its reasonable costs incurred in connection with the application within ten days after the city issues a written demand for reimbursement. Applicant shall also be responsible for paying all electrical service costs associated with the small cell facility installation and operation.

B.

Inspection and Reporting. The permittee under the permit, when directed by the city, must perform an inspection of the facility and submit a report to the public works department on the condition of the facility to include any identified concerns and corrective action taken or to be taken. The permittee shall also maintain and repair the facility at its sole expense during its placement in the public right-of-way. The permittee must correct or repair the facility within 30 days after the city's notice for corrective action; after which the city reserves the right to take any action it deems necessary, which may include revocation of any applicable permit(s). The permittee is responsible for any costs associated with necessary actions performed by the city due to permittee's failure to comply with this section and with the City of Lincoln Technical and Aesthetic Guidelines for Small Cell Wireless Facilities. The permittee has the burden to demonstrate compliance with this chapter. The applicable permit(s) may be rescinded if construction is not substantially commenced within one year of the permit being granted, absent a showing of good cause. The applicant may not renew the permit or resubmit an application to develop a small cell facility at the same location for six months from date of rescission.

C.

Abandonment. Small cell facilities no longer used to provide service shall be removed by the last known owner of record of such facility, at the sole cost of said owner and to the satisfaction of the city.

D.

Existing Agreements. Existing agreements regarding the leasing or licensing of a city pole entered into before the operative date of this section remain in effect, subject to applicable termination provisions.

E.

The city may adopt a resolution to reserve capacity for future city uses on vertical infrastructure based on substantial evidence in the record.

(Ord. No. 1016B, § 2, 10-13-2020)

Any permit or other authorized use of the public right-of-way granted under this chapter may be revoked or modified for cause in accordance with the provisions of this section.

A.

Revocation proceedings may be initiated by the city engineer.

B.

Action. The city engineer shall act on the proposed revocation after the time for any appeal has lapsed.

C.

Required Findings. The city engineer may revoke or modify the permit if it makes any of the following findings:

1.

The permittee obtained the approval by means of fraud or misrepresentation of a material fact;

2.

The permittee substantially expanded or altered the use or structure beyond what is set forth in the permit or substantially changed the installation's character;

3.

The use in question has ceased to exist or has been suspended or abandoned;

4.

Failure to comply with any condition of a permit issued;

5.

Failure to comply with this chapter;

6.

A substantive change of law affecting a utility's authority to occupy or use the public right-of-way or the city's ability to impose regulations relating to such occupation or use;

7.

A facility's interference with a city project which seeks to protect and promote public safety and health, and community welfare;

8.

A facility's interference with vehicular or pedestrian use of the public right-of-way; or

9.

Failure to make a safe and timely restoration of the public right-of-way.

D.

Notice of Action. The city engineer shall issue a written determination of revocation and mail the determination to the permittee within ten calendar days of such determination.

E.

A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in Title 18 - Chapter 18.43.

(Ord. No. 1016B, § 2, 10-13-2020)

18.43.100 - Appeals.

A.

Appeals from City Engineer's Decision. The applicant may file an appeal to the director of public works of any decision made by the city engineer in compliance with this chapter. The appeal shall be filed within two days of the city engineer's decision, with the city clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The city manager, in his or her discretion, shall determine whether to affirm, set side, or modify the city engineer's decision appealed therefrom. Thereafter, the appellant shall be notified of the public works director's decision.

B.

Subject of the Appeal. As section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions to the extent such facilities comply with the FCC's regulations, appeals premised on environmental effects from RF emissions that are compliant with all applicable FCC regulations, will not be considered.

C.

The appeal timeline in this section may be adjusted by city staff as needed to comply with all processing timelines required by the FCC shot clocks, applicable state or federal laws, or other applicable timelines.

(Ord. No. 1016B, § 2, 10-13-2020)

In the event the city determines that it is necessary to take legal action to enforce any of the requirements under this chapter or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree in writing with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

(Ord. No. 1016B, § 2, 10-13-2020)

Wireless communications technology is currently subject to rapid change. Innovations may render the need for specific sections of this chapter to be reviewed and revised. The city council may amend this chapter or its rules and policies by ordinance after a change to the FCC's regulations or standards, or any applicable state or federal laws.

(Ord. No. 1016B, § 2, 10-13-2020)

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

(Ord. No. 1016B, § 2, 10-13-2020)

CHAPTER 18.44 - PARKING AND LOADING AREAS Article I. - Off-Street Parking Requirements

Accessible off-street parking shall be provided as set forth in this chapter for the uses specified within this title. These provisions are deemed the minimum requirements and nothing shall preclude the installation of more parking spaces.

(Ord. 387B § 1(part), 1981: Ord. 357B § 4.06.000, 1979)

Off-street parking spaces shall be provided in connection with the erection or increase by units or dimensions, or the moving of any building or structure, in the amounts set out in this article.

(Ord. 387B § 1(part), 1981: Ord. 357B § 4.06.010, 1979)

Off-street parking spaces shall not be located in the required front-yard, side-yard, or rear-yard setback areas in residential districts, including R-1, R-2 and R-3 districts. Off-street parking shall be provided in the following manner:

(1)

Single-family dwellings shall provide an attached or detached two-car garage or carport. In those instances where rear-yard access is available, the garage or carport can be provided in the rear yard as long as such structures comply with all other provisions of Chapter 18.12. The two-car garage or carport shall have minimum interior dimensions of 20 feet by 20 feet. The garage door shall have a minimum opening of 16 feet.

Duplexes and multiple residential dwellings shall provide a two-car garage or carport per family unit.

(2)

Apartment and dwelling groups shall provide two parking spaces per one bedroom unit (one covered and one uncovered), two parking spaces per multiple bedroom unit to be located in a garage or carport and one guest parking space per every five units. The guest parking does not need to be located in a garage or carport.

(3)

Roominghouses shall provide one parking space per guestroom and an additional parking space for every two employees.

(4)

Resthomes shall provide one parking space for each bed and an additional parking space for every two employees.

(5)

Hospitals shall provide one parking space for each patient bed or 1,000 square feet and an additional parking space for every four employees.

(6)

Hotels and motels shall provide at least one parking space per each sleeping room, suite of rooms or housekeeping unit. If the hotel or motel is combined with other uses such as a restaurant or bar, the parking shall be determined by requiring at least 100 percent of the required parking for the principal use and the other uses shall provide, in addition, not less than 70 percent of the parking spaces which would otherwise be required if the uses were by themselves.

(Ord. 799B § 9, 2006; Ord. 746B § 1, 2003; Ord. 629B § 1, 1995; Ord. 387B § 1(part), 1981: Ord. 357B § 4.06.020, 1979)

Business and professional offices, and personal-service establishments, shall provide at least one parking space for each 300 square feet of gross floor area and an additional parking space for every two employees.

(Ord. 387B § 1(part), 1981: Ord. 357B § 4.06.030, 1979)

Financial institutions shall provide one parking space for every 300 square feet of gross floor area and an additional parking space for every two employees.

(Ord. 387B § 1(part), 1981: Ord. 357B § 4.06.040, 1979)

Service stations shall provide one parking space per 1,000 square feet of the total ground and building area used for sales and service.

(Ord. 387B § 1(part), 1981: Ord. 357B § 4.06.050, 1979)

Theaters, restaurants and bars shall provide not less than one parking space for each five seats and an additional parking space for every two employees.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.060, 1979)

Commercial uses conducted exclusively within a building shall provide one parking space for each 250 square feet of floor area.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.070, 1979)

Health clubs/fitness centers shall provide one space per 150 square feet of weight room, pool and spa; one space per 50 square feet of aerobics/martial arts area; one space per tanning/massage room; and two spaces per court (tennis/other racquet-type). Additional spaces for other uses such as retail areas, restaurants, and offices shall be calculated using one space per 300 feet of area with locker and dressing rooms being excluded. If the facility also has outdoor recreation areas, then the facility shall provide one space per 100 square feet of pool area and two spaces per court.

(Ord. 775B §1, 2004)

Shopping centers shall provide one parking space for each 225 square feet of floor area.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.080, 1979)

Churches and funeral homes shall provide one parking space per four seats, and one for every 40 square feet of floor area within the assembly area. In cases where benches or pews are being used, one seat would equate to 18 inches.

(Ord. 746B §2, 2003: Ord. 387B §1(part), 1981: Ord. 357B §4.06.090, 1979)

For all industrial uses, one parking space shall be provided for each three employees, but in no case less than one parking space for each 1,000 square feet of gross floor area.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.100, 1979)

Warehouse and storage buildings shall provide at least one parking space for each employee plus one parking space for each company-operated vehicle, or one parking space for each 2,000 square feet of gross floor area whichever is greater.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.110, 1979)

For dancehalls, skating rinks, auditoriums, exhibition halls and similar places of public assembly where there is space for set-up seating or where there is no fixed seating, there shall be provided one parking space for each 100 square feet of floor area used for dancing, skating or assembly.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.120, 1979)

Uncovered sales areas such as for new or used automobile, boat or trailer sales, lumber or building material yards, plant nurseries or similar uses shall provide a minimum of five customer parking spaces for the first 5,000 square feet of uncovered sales area and three customer parking spaces for each additional 1,000 square feet of uncovered sales area. In addition, there shall be one parking space for each employee.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.130, 1979)

(a)

Elementary schools shall provide at least one parking space for each employee plus bus loading space for at least two school buses.

(b)

Junior high schools shall provide at least one parking space for every three seats in the main auditorium or assembly hall or one parking space for each employee plus off-street loading space for school buses.

(c)

High schools shall provide the greater of the following:

(1)

At least one parking space for each employee and one parking space for every three students in the eleventh and twelfth grades; or

(2)

At least one parking space for every three seats in the main auditorium or stadium, whichever is the greater.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.140, 1979)

For uses not listed in this article, off-street parking requirements will be determined by the city planning department and planning commission as deemed necessary to provide for the transportation needs of the use and to promote the general welfare.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.150, 1979)

If more than one standard is applicable in any individual case, the more restrictive regulation shall apply.

(Ord. 387B §1 (part), 1981: Ord. 357B §4.06.160, 1979)

18.44.180 - Central business district—Requirements.

The central business district is described in the map attached to the ordinance codified in this title and by this reference incorporated herein. Uses within this district shall provide off-street parking in the following amounts:

(1)

Commercial Uses. For new construction, one parking space for each 400 square feet of floor area. For reconstruction, one parking space for each 800 square feet of floor area.

(2)

Shopping Centers. Such uses shall provide one parking space for each 250 square feet of floor area.

(3)

Business and Professional Offices and Personal Services. Such uses shall provide at least one parking space for each 400 square feet for new construction, and for reconstruction at least one parking space for each 800 square feet; and in either classification an additional parking space for every three employees.

(4)

Theaters, Restaurants and Bars. Such uses shall provide not less than one parking space for each five seats and an additional parking space for every two employees.

(5)

Service Stations. One parking space per 1,000 square feet of the total ground and building area used for sales and service.

(6)

Uses Not Listed in this Section. For uses within the central business district but not listed in this section, off-street parking requirements shall be determined by the city planning staff and planning commission as deemed necessary to provide for transportation needs in the central business district and to promote the general welfare.

(7)

More Restrictive Provisions to Apply. If more than one standard is applicable in any individual case, the more restrictive regulation governing the central business district shall apply.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.170, 1979)

If the off-street parking maintained on a lot in connection with a building or other structure located in the designated central business district existed at the time the ordinance amending these provisions was adopted is insufficient to meet the requirements of this chapter, or where no parking space has been provided, the provisions of this chapter shall not be construed to require the provision of additional parking or facilities.

However, such building or structure shall not be enlarged to create additional floor area, seating capacity or guestrooms, as the case may be, unless additional parking space is supplied and maintained to meet the requirements of this title for such additional floor area, seating capacity or guestrooms.

(Ord. 615B §1, 1994: Ord. 387B §1(part), 1981: Ord. 357B §4.06.180, 1979)

18.44.200 - Off-site facilities—In-lieu fee.

In any case where it is not physically possible to provide required parking on the property being developed, and when approved by the planning commission, the parking requirements may be satisfied by either or a combination of both of the following:

(1)

Provide the required parking on nearby property. Any plan submitted shall include a description of the alternative parking and a determination of the length of time such parking will be available for use;

(2)

Submit a cash payment in lieu of the required parking space. Such fee shall be equal to the cost of purchasing and developing the number of parking spaces required but not provided by the applicant. The city council shall set this fee by resolution. The council shall consider the cost of the newest public parking lot and any increases in such cost since construction in determining this fee.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.190, 1979)

When the use is constructed in conjunction with other uses, the parking shall be determined by requiring at least 100 percent of the required parking for the principal use, and the other uses shall provide, in addition, not less than 70 percent of the parking spaces which would otherwise be required if they were used by themselves.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.200(1), 1979)

When units or measurements determining the number of required parking spaces results in requirements of a fractional space, any fraction up to one-half shall be disregarded, and fractions of one-half or over shall require one parking space.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.200(2), 1979)

In churches, sports arenas and other places of assembly in which patrons or spectators occupy benches, pews, booths or other similar seating facilities, each 20 inches of such seating shall be counted as one seat for the purpose of determining the requirements for off-street parking facilities pursuant to the provisions of this chapter.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.200(3), 1979)

18.44.240 - Dimensions and layout of spaces.

All off-street parking facilities provided pursuant to the provisions of this chapter shall comply with the minimum dimensions for off-street parking and maneuvering space as illustrated on the following page:

STANDARD CITY OFF-STREET PARKING DIAGRAM

Minimum dimensions for off-street parking shall be as follows:

==> picture [336 x 352] intentionally omitted <==

LEGEND

NOTES

Wider spaces are recommended for in-and-out customer parking and for cross-slopes over five percent; narrower spaces may be used for compact cars and employee parking. Parking dimensions should be selected to best serve the needs of customers, clients or employees using the parking spaces. Spaces narrower than nine feet in width are not recommended, and only in cases of unusual property constraints including size, shape, topography and location will the planning department consider such a request.

Within the range of minimum standards shown, the planning department shall have the authority to determine and approve the parking layout utilized for each parking lot based upon factors of traffic safety, customer/client convenience and the public welfare. The planning department shall also have the authority to establish and/or approve parking stalls and maneuvering area dimensions for parking angles other than those set forth in this section.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.220, 1979)

Provision of handicapped parking stalls shall be determined as follows:

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.230, 1979)

Article II. - Development and Maintenance of Parking, Loading and Similar Outdoor Areas

The purpose of this article is to provide safeguards to life, limb and property and to promote the public welfare by providing for the erection and maintenance of curbs or barriers near sidewalk areas and the surfacing and drainage of property which is utilized for:

(1)

Off-street parking areas;

(2)

Off-street loading and unloading areas;

(3)

Off-street pickup and delivery areas;

(4)

Storage, sale, rental and service areas for any type of mobile equipment, goods, materials or objects.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(1), 1979)

Except at approved driveways, every off-street parking area, every off-street loading or unloading area, and every storage, sale, rental or service area for any type of mobile equipment, goods, materials or objects shall have erected and maintained thereon barriers which shall be so located as to prevent any portion of a parked vehicle, equipment or object from projecting into the public right-of-way. The required barriers shall be as follows:

(1)

For off-street parking areas, there shall be developed and maintained a buffer area between the parking area and the adjacent sidewalk or sidewalk area of not less than three feet in total width surrounded by a curbing not less than six inches in height and thickness.

(2)

For off-street loading or unloading or storage, sale, rental or service areas for any type of mobile equipment, goods, materials or objects, there shall be erected and maintained thereon, adjacent to the sidewalk or sidewalk area, a curb or barrier, at least six inches in height or thickness, of either concrete, wood, masonry, iron, steel or other suitable material.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(2), 1979)

Every off-street parking area, every off-street loading or unloading area, and every storage, sale, rental or service area for any type of mobile equipment, goods, materials or objects shall be surfaced with hard, durable, plant-mix asphaltic paving at least two inches thick after compaction and four inches of aggregate base material or with Portland cement concrete paving at least three inches thick. Alternative hard surface materials, which in the opinion of the city engineer are of equal durability to asphalt/concrete may be approved by the city. All such areas shall be surfaced and graded as approved by the city engineer in such a manner as to provide the site with adequate drainage. No building permit shall be issued for any building with an accompanying parking or service area unless the surfacing and drainage plans for such areas have been approved by the city engineer.

(Ord. 629B §2, 1995: Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(3), 1979)

Every person desiring to establish, change or enlarge an off-street parking area, off-street loading or unloading area, or storage, sale, rental or service area for any type of equipment, goods, materials or objects shall make an application to the city engineer for the approval of such facilities. Such application shall be accompanied by three copies of the layout, grading and paving plans.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(4), 1979)

Except for single-family and two-family dwellings, no parking area or facility shall be developed and maintained which requires that vehicles back out over the sidewalk or sidewalk area into the adjacent street. All parking areas and facilities, except as otherwise provided in this section, shall be designed so

that vehicles enter and exit the street right-of-way in a head-on manner, and that all traffic circulation occurs within the boundaries of the parking site.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(5), 1979)

Wherever any portion of a parking area abuts property zoned for residential use, an approved solid fence shall be erected to a height not less than six feet as prescribed by the building inspector.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(6), 1979)

Parking areas shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling or servicing of any kind.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(7), 1979)

If lighting is provided, such lighting shall be arranged to reflect away from residential areas, public streets and highways.

(Ord. 387B §1(part), 1981: Ord. 357B §4.06.210(8), 1979)

CHAPTER 18.45 - RIDESHARING PROGRAM AND TRANSPORTATION PLANS Article I. - General Provisions

The Lincoln ridesharing program is established.

(Ord. 418B §1(part), 1982: Ord. 357B §11.01.000, 1979)

18.45.020 - Purpose.

The purpose and intent of the ridesharing program is to:

(1)

Reduce total vehicle emissions in the South Placer region by reducing the number of vehicular trips that might otherwise be generated by home-to-work commuting;

(2)

Reduce peak-hour traffic circulation in the South Placer region by reducing both the number of vehicular trips and the vehicular miles of travel that might otherwise be generated by home-to-work commuting.

(Ord. 418B §1(part), 1982: Ord. 357B §11.01.010, 1979)

The fundamental objective of the ridesharing program as established by this chapter is to reduce the average number of vehicular trips for home-to-work commuting to 25 percent fewer trips than would occur if all such trips were made in single-occupant motor vehicles. Large employment facilities will be expected to accomplish a higher percentage of this reduction than small employment centers in recognition of the greater opportunity for rideshare matches at large employment facilities.

(Ord. 418B §1(part), 1982: Ord. 357B §11.01.020, 1979)

As used in this chapter:

"Applicant" means an applicant for a conditional use permit, zoning change or tentative subdivision map for:

(1)

A new use or uses which, individually or collectively, may generate employment for 200 or more employees at a common work location; or

(2)

For the expansion of an existing project for a use or uses which, individually or collectively, after expansion, may generate both:

a.

Twenty percent more employment than the applicant's base-line employment, and

b.

Employ 200 or more employees at one common work location.

"Base-line employment" means the average number of employees employed at a common work location for the 12-month period ending on the effective date of the ordinance codified in this chapter as determined by the transportation coordinator.

"Carpool" means a motor vehicle occupied by two or more persons traveling together.

"Common work location" means either a single building or a group of buildings or work locations at a common site. "Commuter" means an employee who travels regularly to and from a facility.

"Commuter matching service" means any system for mapping and matching home and work locations of interested commuters to identify prospects for ridesharing.

"Major project controller" means every employer or common work location with 100 or more employees working at a single site for at least 20 hours per week.

"Peak-hour commuter" means any employee who travels regularly to and from a facility three or more days a week and arrives at or departs from the facility during the morning hours of 7:30 a.m. to 8:30 a.m. or the evening hours of 4:30 p.m. to 5:30 p.m.

"Project controller" means the lessor of a common work location whose tenants, individually or collectively, employ ten or more but less than 50 employees, or an employer who employs ten or more but less than 50 employees or the owner or operator of an educational facility which employs ten or more but less than 50 employees, or has more than 500 but less than 1,000 students enrolled in a secondary or higher level of school.

"Ridesharer" means any employee who commutes to and from his or her work location by any mode other than single-occupancy light-duty or medium-duty vehicle, motorcycle or moped.

"Sacramento Rideshare Program" means the commuter matching service and commuter information service operated by the CALTRANS-Sacramento Ridesharing Project.

"Shift of employment" means any group of employees who work at a common work location and who arrive and depart from work in a common time interval not greater than one hour.

"South Placer Transportation Coordinator or Transportation Coordinator" means the coordinator of transportation information and transportation plans, as established by the coordination agreement for the South Placer Task Force Relating to Highway 65, a joint powers agreement entered into by the county and the cities of Roseville, Rocklin and Lincoln, as it exists as of the effective date of the ordinance codified in this chapter and as it may thereafter be amended.

" means the coordinator of transportation information and transportation plans, as established by the coordination agreement for the South Placer Task Force Relating to Highway 65, a joint powers agreement entered into by the county and the cities of Roseville, Rocklin and Lincoln, as it exists as of the effective date of the ordinance codified in this chapter and as it may thereafter be amended.

"Transportation Control Measure (TCM) Coordinator" means that individual assigned by the Placer County transportation commission to assist member jurisdictions in complying with the provisions of the trip reduction ordinances.

"Transportation plan" means the plan submitted by an applicant and approved by the city pursuant to Article 3 of this chapter (Section 18.45.090 et seq.).

(Ord. 604B §1, 1993; Ord. 418B §1(part), 1982: Ord. 357B Ch. 11 Art. 3, 1979)

18.45.050 - Other requirements unaffected.

No section or provision of this chapter shall preclude application of any other development standards, requirements or conditions of approval that may be imposed in the project review and approval procedures of the city.

(Ord. 418B §1(part), 1982: Ord. 357B §11.02.000, 1979)

Article II. - Ridesharing Requirements

18.45.060 - Incentives.

Every project controller and major project controller shall encourage ridesharing for tenants and employees by providing the following incentives to ridesharing:

(1)

Posting. Posting in a conspicuous place or places information materials provided by the transportation coordinator to encourage ridesharing. Informational materials may include:

a.

Current schedules, rates (including procedures for obtaining transit passes), and routes of mass transit service to the common work location or employment site,

b.

The location of all bicycle routes within at least a five-mile radius of the common work location or employment site,

c.

Posters or flyers encouraging the use of ridesharing and referrals to sources of information concerning ridesharing;

(2)

Commuter Matching Service. Disseminating annually to all tenants and employees, and to new tenants and new employees when hired, written information provided by the transportation coordinator regarding an area-wide commuter ridesharing matching service.

(Ord. 418B §1(part), 1982: Ord. 357B §11.04.000, 1979)

Every new major project controller and any existing project controller or major project controller who expands his work force from base-line employment by 20 percent or more and who, after expansion, employs 50 or more employees at a common work location, shall facilitate the tenants' or employees' use of an area-wide ridesharing program by:

(1)

Ridesharing Coordinator. Designating an employee or other appropriate person to serve as a ridesharing coordinator. The ridesharing coordinator's responsibilities shall include:

a.

Publicizing the availability of public transportation,

b.

Communicating employee or tenant transportation needs to the transportation coordinator,

c.

Assisting employees or tenants in forming carpools or vanpools,

d.

Maintaining a current employee and/or tenant transportation profile showing the distribution of employees and tenants by transportation mode,

e.

Conduct an annual commute survey as part of the annual reporting requirement;

(2)

Sacramento Rideshare Program. Using the Sacramento Rideshare Program, or an equivalent independent matching service;

(3)

Parking Facilities. Establish preferential parking facilities for carpools and vanpools, and provide parking for bicycles as follows:

a.

Preferential Parking. If a major project controller provides or subsidizes off-street parking facilities or spaces to any employee or tenant for the parking of motor vehicles used primarily for commuting between place of residence and the common work location or employment site, such major project controller shall provide guaranteed parking spaces for each carpool and vanpool in which its tenants or its employees participate, under more favorable terms and conditions than are afforded to parking of single-occupant motor vehicles. Parking spaces assigned to exclusive carpool or vanpool use shall be so designated with appropriate signing or pavement markings. Such parking shall be made available on request of any carpool or vanpool to the major project controller's ridesharing coordinator,

b.

Bicycle Parking Facilities. Bicycle parking facilities which will accommodate the parking and securing of bicycles shall be made available at the request of any tenant or employee whose primary mode of commuting is by bicycle, made to the major project controller's ridesharing coordinator.

(Ord. 604B §2, 1993; Ord. 418 §1(part), 1982: Ord. 357B §11.04.010, 1979)

Notwithstanding the provisions of Division V of this title (Section 18.46.010 et seq.), all existing project controllers and major project controllers within the city shall comply with the provisions of this article immediately upon the effective date of the ordinance codified in this chapter. The provisions of this article shall also apply to all future project and major project controllers, including those subject to Article III of this chapter.

(Ord. 418B §1(part), 1982: Ord. 357B §11.04.030, 1979)

Article III. - Transportation Plans

This article shall apply to every applicant for a conditional use permit, zoning change or tentative map for:

(1)

A new project which would allow a use or number of uses that, individually or collectively, would employ 100 or more employees at one common work location; or

(2)

The expansion of an existing project which would allow a use or uses that, individually or collectively, after expansion, may both:

a.

Generate employment for 100 or more employees; and

b.

Increase the total number of employees at the common work location by 20 percent or more from the applicant's base-line employment.

(Ord. 604B §§3, 4, 1993: Ord. 418B §1(part), 1982: Ord. 357B §11.05.000, 1979)

The applicant shall submit, along with any other required information, a transportation plan for the project. The transportation plan shall include the following:

(1)

Description. A description of the activity and operating characteristics of the proposed project (e.g., business hours and peak hours of traffic generation);

(2)

Estimate. An estimate of the commuting characteristics of the tenants and/or employees anticipated at the project site (e.g., travel distance and mode);

(3)

Mitigation Measures. Mitigation measures designed to achieve a reduction in the number of vehicle trips that would occur if all home-to-work trips by the anticipated tenants or employees were made in singleoccupant vehicles. The applicant shall design a program to achieve a 30-percent reduction in vehicle trips. Such mitigation measures shall be selected by the applicant and may include, but are not limited to, the following:

a.

Payment of subsidies or provision of other incentives to carpoolers or vanpoolers,

b.

Payment of parking charges or absorption of vanpool operation expense for ridesharers,

c.

Payment of subsidies or provision of incentives for the use of transit or transportation by other than singleoccupant motor vehicles,

d.

Provision of amenities, such as bicycle lockers, transit shelters, shuttle buses, etc., designed to enhance the use of other than single-occupancy motor vehicles,

e.

An adequate number of shower and personal locker facilities for regular bicycle commuters,

f.

A vanpool program consisting of a continuously outstanding offer to acquire a van or vans (by purchase, lease or otherwise), to obtain insurance and to make available to any group of at least eight employees a van for their use in a vanpool,

g.

Provisions for shifting of vehicle trips from the peak hour to the nonpeak hours. A reduction in vehicle trips per day shall be permitted and calculated in the following manner: The number of trips taken out of the peak hour, divided by the estimated total trips multiplied by 25 percent would equal the percent reduction of vehicle trips per day credited,

h.

Any other program the applicant may devise,

i.

Assistance in transportation plan preparation will be provided by the city through the transportation control measure (TCM) coordinator. A TCM coordinator will be provided to the city by the Placer County transportation commission. The TCM coordinator's tasks shall include: conducting an initial survey regarding employees' use of alternative transportation modes which all employers will be asked to participate in; conducting an annual commute survey as part of assisting the employer's annual reporting requirements.

(Ord. 604B §5, 1993; Ord. 418B §1(part), 1982: Ord. 357B §11.05.010, 1979)

The transportation plan shall be referred to the transportation coordinator for review and evaluation of the proposed mitigation measures and for recommendation to the planning commission or the city council.

(Ord. 418B §1(part), 1982: Ord. 357B §11.05.020, 1979)

The planning commission or city council, as the case may be, shall review and evaluate the transportation plan and shall approve, modify and approve or disapprove the transportation plan as part of the review and approval process for the application under submission. No project application subject to the provisions of this article shall be approved without approval of the transportation plan. The transportation plan shall not be approved unless it is found to meet the trip-reduction objectives established in subsection 18.45.100(3).

(Ord. 418B §1(part), 1982: Ord. 357B §11.05.030, 1979)

As a condition of approval of the project, the city may require the applicant to enter into a written agreement with the city obligating the applicant to comply with the transportation plan. Such agreement shall be made to run with the land and bind all successors in interest of the applicant and shall constitute an equitable servitude on the property. Where appropriate, the city may require the agreement to include a provision for a penalty, in the event of breach by the applicant or a successor in interest, and, where the applicant is required to construct physical improvements on the project site, to include a provision for improvement security for the construction in a form approved by the city attorney.

(Ord. 418B §1(part), 1982: Ord. 357B §11.05.050, 1979)

18.45.140 - Compliance required for other approvals.

Compliance with the approved transportation plan shall be included as a condition of approval for the application under consideration, and may be included as a term of a development agreement between the city and the project applicant.

(Ord. 418B §1(part), 1982: Ord. 357B §11.05.070, 1979)

18.45.150 - Credit for ridesharing actions.

Actions required in Article II of this chapter may be credited in the transportation plan for their potential contribution to the trip-reduction objective as required by this article.

(Ord. 418B §1(part), 1982: Ord. 357B §11.05.080, 1979)

18.45.160 - Reduction of required parking spaces as trip reduction accomplished.

Parking space requirements for tenant or employee parking for the project may be reduced below the

prevailing parking standard by a percentage of the total number of spaces required that is equivalent to the percentage of trip reduction that is to be achieved by the programs specified in the transportation plan. In no case shall parking space reduction exceed the prevailing parking requirements or standards relating to tenants or employees.

(Ord. 418B §1(part), 1982: Ord. 357B §11.05.090, 1979)

18.45.170 - Annual compliance report.

Each applicant subject to the requirements of this article, and all successors in interest of the applicant obligated to carry out the transportation plan or any part thereof, shall submit to the transportation coordinator a report by March 1st every year describing the transportation program. The report shall contain, at a minimum, the following information:

(1)

Description. A description of the measures taken to comply with this chapter, including an accounting of the resources expended on rideshare promotion activities;

(2)

Use. The average number of tenants and/or employees regularly arriving at and leaving the project site for the reporting period by each of the following methods of transportation:

a.

Single-passenger motor vehicles (including mopeds);

b.

Carpools;

c.

Van-type vehicles with eight or more commuters;

d.

Mass transit;

e.

Bicycles;

f.

All others.

(3)

Numbers. The total number of tenants and/or employees at the project site shall be included in the report;

(4)

The rideshare coordinator will be responsible for conducting an annual commute survey as part of the employer's annual reporting requirements.

(Ord. 604B §6, 1993; Ord. 418B §1(part), 1982: Ord. 357B §11.06.000, 1979)

Article IV. - Enforcement

The provisions of this article shall be administered and enforced by the city planning department.

(Ord. 418B §1 (part), 1982: Ord. 357B §11.07.030, 1979)

Editor's note— Ord. 418B added two sections numbered "11.07.030" to Ord. 357B. The other is codified as §18.45.220.

18.45.190 - Inspection and noncompliance notice—Ridesharing requirements.

(a)

The transportation coordinator shall periodically review compliance with the general requirements of Article II by on-site checks at the common work location or employment site.

(b)

In the event of noncompliance, the transportation coordinator shall report to the city planning director, who shall review the transportation coordinator's report. If the planning director determines that the project controller or major project controller is in noncompliance with the requirements of Article II, he or she shall issue a letter to the project controller specifying the points of noncompliance.

(Ord. 418B §1(part), 1982: Ord. 357B §11.07.000, 1979)

18.45.200 - Inspection and noncompliance notice—Transportation plans.

(a)

The planning director, with the assistance of the transportation coordinator, shall monitor the implementation of transportation plans required pursuant to Article III of this chapter. Monitoring shall occur through the reporting procedure required in Section 18.45.170, as well as by periodic on-site checks at the facility, and an annual review of compliance with the transportation plan.

(b)

If the planning director determines there is noncompliance with the requirements of the transportation plan, he or she shall issue a letter specifying the points of noncompliance.

(Ord. 418B §1(part), 1982: Ord. 357B §11.07.010, 1979)

Upon receipt of a letter of noncompliance, the project controller, the major project controller, the applicant and all successors in interest of the applicant obligated to carry out the transportation plan or any part thereof, as the case may be, shall comply with the provisions of this chapter as set forth in the letter of noncompliance, unless an appeal is filed from the determination of the planning director as set forth in Section 18.96.010 of this code.

(Ord. 418B §1(part), 1982: Ord. 357B §11.07.020, 1979)

In the event of failure to comply with the requirements of this chapter or with the terms of a transportation plan required pursuant to this chapter, the city may impose the following penalties:

(1)

Any penalty which may be imposed under this title;

(2)

Any penalty as set forth in the transportation agreement plan, if any.

(Ord. 418B §1(part), 1982: Ord. 357B §11.07.030, 1979)

Editor's note— Ord. 418B added two sections numbered "11.07.030" to Ord. 357B. The other is codified as §18.45.180.

DIVISION V. - NONCONFORMING USES, LOTS AND STRUCTURES CHAPTER 18.46 - NONCONFORMITY GENERALLY

Within the districts established by this title or by amendments which may be adopted after the ordinance codified in this title, there exist lots, structures and uses of land and structures which were lawful before the ordinance codified in this title was adopted or amended, but which would now be prohibited, regulated or restricted. The city council declares that nonconforming uses and structures are incompatible with permitted uses and structures and shall not be enlarged, expanded or extended. Further, nonconforming uses and structures are intended to be eliminated as soon as possible and such nonconforming uses and structures shall not be used as grounds for adding other structures or uses prohibited by this title.

(Ord. 357B §5.01.000, 1979)

The passage and adoption of the ordinance codified in this title shall not be construed to make conforming a use of land, building or structure which was nonconforming as determined by the regulations of Ordinance No. 107B of the city, as amended.

(Ord. 357B §5.01.010, 1979)

Any use existing on the effective date of the ordinance codified in this title, which is listed as a conditional use in the district wherein located, and for which a conditional use permit has not been granted, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Chapter 18.56.

(Ord. 357B §5.01.020, 1979)

The city council may, after a hearing before the planning commission on the subject, cause a nonconforming use to become a conforming use upon the issuance of a conditional use permit generally as provided in Chapter 18.56. The city council shall require such conditions as to make the use as nearly conforming to the district as possible. In addition, the city council shall make a finding in writing that the nonconforming use as conditioned will not be detrimental to the health, safety, peace and morals, comfort and general welfare of persons residing or working in the neighborhood of the use, or be detrimental or injurious to property and improvements in the neighborhood or of the general welfare of the city.

(Ord. 357B §5.01.030, 1979)

CHAPTER 18.47 - REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking access under the Americans with Disabilities Act, Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, procedures, and project entitlement exhibits or conditions of approval.

(Ord. No. 879B, § 1, 3-26-2013)

A request for reasonable accommodation may be made by any property owner, duly authorized tenant or lessee who desires to implement improvements to a specific property that are designed to provide access to housing when the application of a zoning law or other land use regulation, policy, practice, project entitlement exhibit or condition of approval acts as a barrier to reasonable access. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, practices, and project entitlement exhibits or conditions of approval for the siting, development and use of structures and facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to access housing. Requests for reasonable accommodation shall be made in the manner prescribed by Section 18.47.030.

(Ord. No. 879B, § 1, 3-26-2013)

Application requests for reasonable accommodation shall be submitted as a written request to the

development services director or his/her designee (alternative submission formats may be approved by the development services director or his/her designee should a written application be unduly burdensome). All requests shall include the following information:

(1)

The applicant's name, address and telephone number.

(2)

The name, address, and telephone number of the property owner(s).

(3)

The street address and assessor's parcel number of the property for which the request is being made.

(4)

The current actual use of the property.

(5)

A statement describing the basis for the claim that the applicant is entitled to and is being denied reasonable accommodation, including a description of the zoning law, provision, regulation, policy, project entitlement exhibit feature or condition of approval from which reasonable accommodation is being requested, a description of the specific accommodation requested, and an explanation of why the requested accommodation is necessary to make the specific property accessible to the applicant.

(6)

Photos, site plans, drawings, and/or other graphics as may be needed to make the proposed changes clear.

(7)

Concurrent review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

(Ord. No. 879B, § 1, 3-26-2013)

18.47.040 - Review authority and procedure.

(a)

Development Services Director or His/Her Designee. If no approval is sought other than a request for reasonable accommodation, then the request for reasonable accommodation shall be reviewed by the Development Services Director, or his/her designee. The development services director or his/her designee shall make a written determination within five working days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.47.050.

(b)

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The applicable reviewing authority shall make a written determination and either grant,

grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.47.050.

(Ord. No. 879B, § 1, 3-26-2013)

18.47.050 - Findings and decision.

(a)

Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following:

(1)

Whether the property which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation requested is necessary to make the specific property accessible to an individual with disabilities protected under the Acts;

(2)

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit, or if alternative accommodations would be suitable based on the circumstances of this particular case;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city;

(4)

Whether the requested accommodation would be consistent with the general plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent in the applicable zoning district;

(5)

Whether the requested accommodation would present a substantial negative impact on the physical attributes of the property.

(b)

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required in subsection (a) of this section.

(Ord. No. 879B, § 1, 3-26-2013)

A determination by the reviewing authority to grant, grant with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Chapter 18.94 of this code.

(Ord. No. 879B, § 1, 3-26-2013)

CHAPTER 18.48 - NONCONFORMING USE OF LAND

Except as provided in this chapter, the nonconforming use of land may be continued; provided, that:

(1)

Such use shall not be expanded or extended in any way, either on the same or adjoining land.

(2)

Such use shall not be changed, except to a use which conforms to the regulations of the district in which such land is located.

(3)

If such use is discontinued for a period of 12 months or more, whether or not there was the intent to abandon such use, except upon court order, such use shall not thereafter be reestablished.

(Ord. 357B §5.02.000, 1979)

The nonconforming use of land shall be discontinued within three years from the effective date of the ordinance codified in this title or within three years from the date the use became nonconforming pursuant to a predecessor ordinance in each of the following cases:

(1)

Where no building or structure is employed in connection with such use;

(2)

Where the only buildings employed are accessory to the principal use of the land and the replacement cost thereof does not exceed $1,000.00;

(3)

Where such use is maintained in connection with a conforming building.

(Ord. 357B §5.02.010, 1979)

If the automobile parking space maintained on a lot in connection with a building or other structure at the time the ordinance codified in this title was adopted was insufficient to meet the requirement of this title, or where no parking space has been provided, the building or structure shall not be altered or enlarged to create additional dwelling use, seating capacity, floor area or guestrooms, as the case may be, unless additional automobile parking space is supplied and maintained to meet the requirements of this title for such additional dwelling units, seating capacity, floor area or guestrooms.

(Ord. 357B §5.02.020, 1979)

CHAPTER 18.50 - NONCONFORMING BUILDINGS

A nonconforming building or structure may be maintained or repaired provided that for any period of 12 consecutive months such repair and maintenance shall not exceed 25 percent of the current replacement costs of the nonconforming building or structure.

(Ord. 357B §5.03.000, 1979)

A building or structure which is nonconforming as to use, lot area or yard width or depth requirements of this title shall not be added to or enlarged unless such nonconforming building or structure and the addition or enlargement and the use are all made to conform to the regulations of the district in which it is located.

(Ord. 357B §5.03.010, 1979)

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless as a result of the move the building or structure will conform to the regulations of the district in which it will be located after the move.

(Ord. 357B §5.03.020, 1979)

A nonconforming building or structure which is damaged or partially destroyed by any reason to the extent of not more than 50 percent of its value at that time may be restored. The occupancy or use of such building or structure which existed at the time of such partial destruction may be continued or resumed, provided that the total cost of the restoration does not exceed 50 percent of the value of the building or structure at the time of the damage. The restoration is to be started within a period of one year of the damage and diligently prosecuted to completion. In the event such damage or destruction exceeds 50 percent of the value of the nonconforming building or structure, no repairs or construction shall be made unless every portion of the building or structure is made to conform to all regulations for new buildings in the district in which it is located. The value shall be determined by the city engineer in accordance with the provisions of the Uniform Building Code.

(Ord. 357B §5.03.030, 1979)

CHAPTER 18.52 - NONCONFORMING USE OF BUILDINGS

A nonconforming use of a conforming building or structure may be continued except as otherwise provided in this chapter.

(Ord. 357B §5.04.000, 1979)

In any district the nonconforming use of a main building shall be discontinued within five years from the effective date of the ordinance codified in this chapter or five years from the date the use first becomes nonconforming, whichever date is later.

(Ord. 357B §5.04.010, 1979)

Any nonconforming use of a conforming building or structure may be extended throughout the building provided no structural alterations except those required by law are made. If no structural alterations are made, the nonconforming use of a building may be changed to another nonconforming use which, in the opinion of the planning commission, is the same or more restrictive in nature.

(Ord. 357B §5.04.020, 1979)

18.52.040 - Vacancy mandates discontinuance.

A structure, or a portion thereof, nonconforming in use, which is or becomes vacant and remains unoccupied for a continuous period of not less than 12 months, shall not thereafter be used unless the use conforms to the regulations of the district in which it is located.

(Ord. 357B §5.04.030, 1979)

DIVISION VI. - CONDITIONAL USE PERMITS, VARIANCES, MOBILE HOME CERTIFICATES, HOME OCCUPATIONS AND TEMPORARY BUILDINGS IN INDUSTRIAL AREAS CHAPTER 18.54 - PROCEDURES

The provisions in this chapter apply equally to applications for conditional use permits and variances.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.000, 1979)

The city planning commission is authorized to grant conditional use permits and variances pursuant to the provisions of this division. The city planner is authorized to grant variances as set forth in Section 18.58.050.

(Ord. 799B § 10(part), 2006: Ord. 458B § 1, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.010, 1979)

Applications for a variance or conditional use permit shall be made in writing by the property owner or his agent to the planning commission or, in case of applications for variances under Section 18.58.050 to the city planner, on a form to be prescribed by the commission. The application shall include the following data:

(1)

A map drawn to scale showing the property for which the permit is requested and the property lines for property within 400 feet of the exterior boundary lines of the property;

(2)

The names and mailing addresses of the owners of the property shown on the map;

(3)

The proposed use of the property for which the application is sought;

(4)

Such other information as the planning commission or the city planner may require.

(Ord. 799B § 10(part), 2006: Ord. 458B § 2, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.020, 1979)

A public hearing shall be held by the planning commission or in the case of variances under Section 18.58.050 by the city planner, after the filing of the application. Not less than ten days prior to the hearing, notice by mail to all property owners shown on the list furnished by the applicant shall be given. The notice shall include the name and address of the applicant, owner, agent if any, zoning classification of property, the proposed use, and date, hour and place of the hearing.

(Ord. 799B § 10(part), 2006: Ord. 458B § 3, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.030, 1979)

The planning commission may designate conditions in connection with variances or conditional use permits as it deems necessary to carry out the purposes of this title. The city planner may designate conditions in connection with variances under Section 18.58.050 as he or she deems necessary to carry out the purposes of this title.

(Ord. 799B § 10(part), 2006: Ord. 458B § 4, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.040, 1979)

18.54.060 - Notice of decision—Finality of decision.

(a)

Upon the grant of the variance or conditional use permit, the planning commission shall prepare and deliver to the applicant a written statement of its decision and any attached conditions. A copy shall also be delivered to the building inspector and other city officials.

(b)

Upon the grant or denial of a variance under Section 18.58.050, the city planner shall prepare and deliver to the applicant a written statement of the decision and any attached conditions. A copy shall also be delivered to the building inspector and other city officials.

(c)

The decision of the planning commission or city planner shall not become final for a variance or conditional use permit, nor shall a permit or license of any kind be issued by any city office, until the time in which an appeal may be filed has elapsed without an appeal being filed.

(Ord. 799B § 10(part), 2006: Ord. 458B § 5, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.050, 1979)

A conditional use permit or variance, if not used for the purpose for which it was granted shall lapse and shall become void four years following the date of issuance, unless the conditional use permit or variance is conditioned with an alternate time expiration limit. 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.

(Ord. No. 1081B, § 5(5.1B), 8-27-2024; Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.060, 1979)

(a)

Initiation of Proceedings. The planning commission shall hold a public hearing for the purpose of either modifying or revoking any variance or conditional use permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this title. Public hearings shall be held and notice given in accordance with the provisions of this chapter for the granting of conditional use permits and variances.

(b)

Decision of City Council. After the public hearing as provided in subsection (a) of this section, the city council may revoke or modify a conditional use permit or variance for any one or more of the following reasons:

(1)

That such approval was obtained by fraud;

(2)

That any person making use of or relying upon, the conditional use permit or variance is violating or has violated any condition of such conditional use permit or variance;

(3)

That the use for which the conditional use permit or variance was granted is being or has been exercised contrary to the terms and conditions of such approval;

(4)

That the use for which the approval was granted is so exercised as to be detrimental to the public health, safety or general welfare and constitutes a public nuisance.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.070, 1979)

An application for a variance or conditional use permit shall not be accepted for a period of six months following the denial or revocation of substantially the same conditional use permit or variance for the same premises.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.080, 1979)

The city planning commission, or in the case of applications for variances under Section 18.58.050, the city planner, may permit the withdrawal of an application for a conditional use permit or variance filed pursuant to this chapter. Any fee accompanying the application shall not be returned to the applicant.

(Ord. 799B § 10(part), 2006: Ord. 458B § 6, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.090, 1979) CHAPTER 18.56 - CONDITIONAL USE PERMITS

Conditional use permits, revocable, conditional are valid for a term of four years. Conditional uses require special consideration because of their potentially negative external impacts on surrounding land uses. The consideration process for a conditional use permit shall result in the issuance of written findings to inform the planning commission decision. These findings are to be based on substantial evidence in view of the whole record. In order to grant a conditional use permit, the planning commission shall find that the establishment, maintenance or operation of the use, building or structure applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. No. 1081B, § 5(5.1C), 8-27-2024; Ord. 807B § 8, 2006: Ord. 357B § 6.02.000, 1979)

18.56.020 - Findings required.

The city council is aware that from time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this title. In order to carry out the intent of this title and to promote the general welfare of the community, the city council authorizes the planning commission to grant conditional use permits for uses which are not provided for in the district, subject to the following:

(1)

A finding by the planning commission that the use is substantially similar in character to a use or uses currently within the district;

(2)

A finding by the planning commission that the use would be appropriate in the district applicable to the property as a permitted or conditional use;

(3)

A finding by the planning commission that the proposed use, with the appropriate conditions, will not be detrimental to the health, safety, peace and morals, comfort and general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city;

(4)

A finding that at least one of the findings in Section 15.32.250 of the municipal code is satisfied.

(Ord. No. 1088B, § 10, 6-10-2025; Ord. No. 913B, § 5(Exh. C), 6-28-2016; Ord. 357B § 6.02.010, 1979)

A conditional use permit, not activated, is valid for a term of four years. When acted upon, a conditional use permit that is granted shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 18.54.070. All applicable conditions of approval shall continue to apply after a change in property ownership.

(Ord. No. 1081B, § 5(5.1D), 8-27-2024)

CHAPTER 18.58 - VARIANCES

Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this title may result from the strict application of the terms of this title, variances from such requirements may be granted as provided by this chapter. Refer to section 18.56.030 for variance terms and expirations.

(Ord. No. 1081B, § 5(5.1E), 8-27-2024; Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(1, 2), 1979)

18.58.020 - Findings required to grant variance.

The planning commission, or in the case of applications for variances pursuant to Section 18.58.050 the city planner, may grant a variance when it is determined that:

(1)

The applicant has shown that because of special circumstances applicable to the subject property, including size, shape, topography, location, buildings, or surroundings, the strict application of the requirements of this title are found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same classification.

(2)

The grant of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the district in which the subject property is situated.

(Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(3), 1979)

18.58.030 - Variance for otherwise unauthorized use or activity prohibited.

The planning commission and the city planner shall not grant a variance which is not otherwise expressly authorized by the zoning regulation governing the parcel of property for which the variance is requested.

(Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(4), 1979)

Whenever the planning commission or the city planner grants or denies a variance, the planning commission or the city planner, as the case may be, shall set forth in writing the findings on which the decision is based.

(Ord. 458B §7(part), 1984)

The city planner shall have authority to grant a variance from height and yard requirements up to 35 percent of the requirement set forth in the title, upon determining that the criteria set forth in Section 18.58.020 have been met and making the findings required by Section 18.58.020. The city planner may, in his or her discretion, schedule for hearing by the planning commission any application for a variance under his or her authority. The planning commission shall have the authority to grant all applications for variances.

(Ord. 458B §7(part), 1984)

Any applicant or other person aggrieved by a decision made by the city planner under Section 18.58.050 may appeal to the planning commission under Chapter 18.94.

(Ord. 458B §7(part), 1984)

CHAPTER 18.59 - DENSITY INCREASE AND INCENTIVE PROGRAM[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 881B, § 2, adopted April 23, 2013, repealed Ch. 18.59 in its entirety and enacted a new Ch. 18.59 to read as set out herein. Former Ch. 18.59, §§ 18.59.010—18.59.030, pertained to similar subject matter and derived from Ord. 630B § 1(part), adopted in 1995.

This chapter is adopted in accordance with section 65915 et seq., of the California Government Code. The purpose of this chapter is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low, low, or moderate income households that qualified the housing project for award of a density bonus or other incentives.

(Ord. No. 881B, § 2, 4-23-2013)

This chapter shall be applicable to all zoning districts that allow residential uses.

(Ord. No. 881B, § 2, 4-23-2013)

All proposed housing developments that qualify under California Government Code section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code section 65915, as may be amended.

(Ord. No. 881B, § 2, 4-23-2013)

The City of Lincoln shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code section 65915 et seq., and incentives or concessions also as described in California Government Code section 65915 et seq.

(Ord. No. 881B, § 2, 4-23-2013)

(a)

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of Lincoln, development services department, to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

(1)

A brief description of the proposed housing development;

(2)

The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;

(3)

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

(4)

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low or moderate income households, or senior citizens, or other qualifying residents;

(5)

The zoning, general plan designations and assessors parcel number(s) of the project site;

(6)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and

(7)

A list of any concession(s) or incentives(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

(b)

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this chapter shall be considered by the development services director or his/her designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code section 65915 et seq.

(Ord. No. 881B, § 2, 4-23-2013)

Consistent with the provisions of California Government Code section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Lincoln and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. No. 881B, § 2, 4-23-2013)

CHAPTER 18.60 - ALCOHOL SALES

18.60.010 - Application for determination of public convenience or necessity for sale of alcohol.

(a)

Any person who possesses an existing commercial building or approved commercial project whose application for an on-sale or off-sale alcohol license is required by the Alcoholic Beverage Control Board of the State of California ("ABC") to be subject to a determination of public convenience or necessity ("PCN Determination") by the City of Lincoln, may apply to the City of Lincoln for a determination of whether

public convenience or necessity would be served by the granting of such license. Such application shall be made on forms provided by the city and contain such information required by the city.

(b)

The application shall be filed at the community development department and shall be accompanied by payment of fee to be established by resolution of the city council calculated to offset the costs of processing applications. No application shall be deemed completed, nor shall it be reviewed, without payment of application fee.

(c)

The PCN application shall include a written statement from the application demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of a license from the ABC.

(d)

All applications involving a license for the sale or consumption of alcoholic beverages that require the issuance of a PCN determination shall also be required to file application for and obtain approval of a conditional use permit in accordance with the procedures set forth in Chapter 18.56 of this code.

(e)

Sale of alcohol where the sale of alcohol is not considered the business's primary use the product storage and display occupies less than three percent of the floor area ratio or is less than ten square feet, whichever is less.

(Ord. No. 935B, § 1, 1-10-2017; Ord. 807B §4, 2006 ; Ord. 797B §§4, 5, 2005)

(a)

Proceeding regarding a PCN determination for the issuance of a license from the ABC shall be scheduled for public hearing before the planning commission within 60 days of receipt of a completed application or as soon thereafter as the matter can be scheduled. Notice of the hearing shall be given in the same manner as set forth in Government Code sections 65090 and 65091.

(b)

The hearing shall be held without regard to the technical rules of evidence and all persons desiring to appear shall be permitted to do so. The applicant shall bear the burden of proof that public convenience or necessity would be served by the issuance of the license. Therefore, the applicant shall provide all evidence necessary to show that the selling of alcoholic beverages at the applicant premises will serve public convenience or necessity and will be accomplished in a manner to eliminate any objections received pursuant to this section. In all cases in which an applicant applies for a PCN determination, the planning commission may exercise its discretion to issue or deny issuance of a letter of public convenience or necessity. In exercising its discretion, the planning commission shall consider the following factors:

(1)

The type of proposed use by the applicant;

(2)

Whether the proposed use will be detrimental to the health, safety and welfare of the community;

(3)

Whether the use would enhance the economic viability of the area in which it is proposed to be located;

(4)

The extent of support or opposition to the proposed license from members of the community;

(5)

The number of licenses within a one-mile radius of the proposed licensed location;

(6)

The type of licensed premises within a one-mile radius of the proposed licensed location and the extent to which the proposed license would cause a further over-concentration of the particular type of premises in the area;

(7)

The background and the history of the applicant, including the nature and extent of problems on any premises where he or she has operated a licensed premises in the past;

(8)

Whether the applicant has ever been convicted of any offense involving moral turpitude or any offense related to the sale or use of alcoholic beverages;

(9)

How close the proposed establishment will be to a residential neighborhood, place of worship, or school;

(10)

Whether there is a history of police or crime-related problems in the area proposed for a license; and

(11)

Whether the proposed license would enhance recreational or entertainment opportunities in the area.

(c)

The planning commission may determine that the public convenience or necessity will be met and the health, safety or welfare of the community will be prompted only if certain conditions are imposed upon any license issued by the ABC. Such conditions shall be included in the planning commission's decision and shall be communicated to the ABC. The conditions may cover any matter relating to the privileges to be exercised under the license. If a letter is issued with conditions applied, it shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are met by the applicant. Examples of such conditions can be, but are not limited to:

(1)

Sales of beer and malt beverages shall be in quantities of not less than a six pack;

(2)

Sales of wine shall be in containers of at least 750 ml;

(3)

Wine coolers shall not be sold in quantities of less than factory packs of four;

(4)

Distilled spirits shall be sold in containers of at least 200 milliliters;

(5)

No wine shall be sold with an alcohol content greater than 15 percent by volume;

(6)

Restriction as to hours of sale;

(7)

Display of sign may be regulated;

(8)

Types and strength of alcoholic beverages to be served where such types of strengths are otherwise limited by law;

(9)

The personal conduct of the licensee shall not conflict with the implementation of any conditions imposed on the licensee or the licensed premises.

(d)

If necessary, the hearing may be continued for further review. At the conclusion of the hearing, the planning commission shall determine whether the public convenience or necessity will be served by authorizing the issuance of a license for the applicant premises. The PCN determination shall be reduced to writing by the community development director who will author a PCN determination stating whether the planning commission finds public convenience and necessity will or will not be served by the issuance of a license from the ABC. The written determination shall be served by mail upon the applicant and the ABC within 15 business days of the decision of the planning commission.

(e)

No letter of public convenience or necessity shall be issued by the planning commission pursuant to this section unless the applicant agrees, in writing, that if the ABC issues a license to sell alcoholic beverages, the license will be subject to all conditions imposed as part of the PCN determination at all times the license is in use and in effect.

(Ord. 797B §4 (part), 2005)

(a)

A PCN determination in support of the issuance of a license for the ABC is only valid for one year from the date of the planning commission's action and the PCN determination shall so state. If no license to sell alcoholic beverages has been issued to the applicant for the applicant premises, within one year of issuance of a favorable PCN determination, the city's PCN determination shall be deemed withdrawn without the need for further action by the planning commission or the applicant, and the applicant must reapply if he/she seeks another PCN determination.

(b)

Except as provided in Business and Professions Code section 23958.4, the PCN determination is not transferable to any other applicant or proposed licensee. Unless permitted by Business and Professions Code section 23958.4, any proposed licensee for the same premises must submit a new application and follow the procedures for the issuance of a PCN determination in this section. Nothing in this section

precludes the city from protesting the issuance of a license from the ABC pursuant to other sections of the Alcoholic Beverage Control Act, including, but not limited to, section 23958.

(Ord. 797B §4 (part), 2005)

The decision of the planning commission regarding the PCN determination or related imposition of conditions may be appealed to the city council pursuant to Chapter 18.94. The request for the appeal shall state the reasons why the person appealing the decision believes the planning commission's PCN determination should be reversed or modified. At any proceeding before the city council, the applicant shall have the burden of demonstrating that public convenience or necessity will be served by issuance of an alcoholic beverage license, and that issuance of the license will not pose any threat to the health, safety or welfare of the community in which the licensed premises would be located.

(Ord. 797B §4 (part), 2005)

In the event of a violation of any of the conditions imposed on an applicant or the applicant premises in accordance with this section, the planning commission may, after public notice and hearing, revoke any letter of public convenience or necessity issued regarding the applicant or applicant premises. Upon revocation, the applicant shall not continue to sell alcoholic beverages at the applicant premises. The determination of the planning commission shall become final ten days after the date of decisions unless appealed to the city council. The revocation shall be reported to the ABC.

(Ord. 797B §4 (part), 2005)

Churches serving sacramental wine used only during authorized religious services.

(Ord. 807B §6, 2006)

CHAPTER 18.61 - CHILD DAY CARE USES

Consistent with the findings of the state, the city council finds that child day care services are an essential service for working parents in the City of Lincoln and that child care services in family homes are desirable to parents and provide children with a residential environment that is conducive to healthy and safe development. Regulations in this chapter are intended to address child day care uses in both residential and nonresidential zoning districts consistent with the provisions of state law and in a manner that recognizes the need for such services and the importance of minimizing the effects on surrounding properties.

(Ord. 745B §2(part), 2003)

For the purpose of this chapter and in accordance with state law, the following words and phrases shall have the meaning respectively ascribed to them in this section.

"Child" means a person who is under 18 years of age.

"Child day care facility" means a facility that provides nonmedical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. This definition includes family day care homes, day care centers, and employer-sponsored child care centers as defined below.

(1)

"Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a small or large family day care home as follows:

a.

"Small family day care home" means a home which provides family day care to eight or fewer children in the provider's home, including children under the age of ten years who reside at the home (California Health and Safety Code section 1596.78(c)). A small family day care home may provide care for more than six and up to eight children without an additional adult attendant if the following conditions are met (California Health and Safety Code section 1597.44):

1.

At least two of the children are at least six years of age;

2.

No more than two infants are cared for during any time when more than six children are cared for;

3.

The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to seven or eight children in the home at one time; and

4.

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

b.

"Large family day care home" means a home which provides family day care to seven to 14 children in the provider's home, including children under the age of ten years who reside at the home (California Health and Safety Code section 1596.78(b)). A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the following conditions are met (California Health and Safety Code section 1597.465):

1.

At least two of the children are at least six years of age;

2.

No more than three infants are cared for during any time when more than 12 children are being cared for;

3.

The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to 13 or 14 children in the home at one time;

4.

The licensee obtains written consent of the property owner when the family day care home is operated on property that is leased or rented.

(2)

"Day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, and extended day care facilities.

(3)

"Employer-sponsored child care center" means any child care facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer.

(Ord. 745B §2(part), 2003)

18.61.030 - Permit requirements by zoning district.

The following table lists permit requirements by zoning district for child day care facilities that are not otherwise exempt in accordance with state law (e.g., recreation programs and after school day care on school campuses). Required permits shall be processed in accordance with the standard procedures of the California Health and Safety Code section 1597.46(2) and Title 18 of this code. The reference to administrative review refers to an informal procedure whereby the director of community development (or his or her designee) reviews the use to ensure compliance with applicable provisions of this chapter prior to granting a nondiscretionary permit.

Table 18.61.030-1 Permit Requirements for Child Day Care Facilities

Permit Legend: N = Use not permitted P = Use permitted by right AR = Use permitted with Administrative Review CUP = Use permitted with Conditional Use Permit

Child Day Care Residential Zoning Districts[(1)] Commercial Zoning Industrial Public/ Open Facilities Districts Zoning QuasiSpace

(1) Single-family residential dwellings in the Agriculture (A-D) Zoning District shall have the same permit requirements as the R-1 zone.

(2) Permit requirements apply to all industrial zoning districts, with the exception of the Industrial (I) Zoning District, where child day care facilities are not permitted.

(3) Permit requirements apply to all open space zoning districts, with the exception of the Open Space Conservation (OS-C) Zoning District, where child day care facilities are not permitted.

(4) New child day care uses in an existing structure require administrative review and new day care facility structures require design review.

(Ord. 745B §2(part), 2003)

Development and operational standards listed in this chapter are intended to supplement the standards in the underlying zoning districts for each type of child day care facility. All uses defined in this chapter shall comply with applicable state licensing requirements and all other provisions of this title.

(1)

Small Family Day Care Homes. In accordance with state law, small family day care homes operated under the standards of state law constitute an accessory use of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential use. Therefore, small family day care homes simply require a current license from the state and shall contain a fire extinguisher and smoke detector device pursuant to State Fire Marshal Standards. Such use shall operate in compliance with the city's noise ordinance and will not be permitted any signs for the day care use.

(2)

Large Family Day Care Homes. In order to obtain the required nondiscretionary permit listed in Table 18.61.030-1 of this chapter (e.g., administrative review in single-family residential zoning districts), large family day care homes shall comply with the following provisions:

a.

License. All large family day care homes, regardless of the underlying zoning district, are required to obtain a business license from the city and provide the city with a copy of the state of California day care license;

b.

Day Care Provider's Residence. The large family day care home shall be the principal residence of the day care provider, and the use shall be clearly incidental and secondary to the primary use of the property as a residence;

c.

Separation. In order to maintain the integrity of residential neighborhoods, large family day care homes shall not be located closer than 200 feet from an existing state licensed large family day care home or within 200 feet of any other day care center or employer-sponsored child care center licensed to care for more than 12 children. Certain exceptions, in the form of legitimate physical barriers and buffers, such as a streambed corridor, highway, or arterial that would provide comparable separation may be allowable as determined by the director of community development;

d.

Traffic Control. To ensure that children are not placed at risk and that street traffic is not unduly interrupted, each large family day care home shall provide the equivalent of two loading/unloading parking spaces for child drop-off and pick-up. Loading spaces may be located in the driveway of the home or on the street directly abutting the subject property where on-street parking is permitted;

e.

Parking. In addition to the standard single-family parking requirement of two covered parking spaces located outside the required front yard and street-side yard setback areas, one additional off-street parking space shall be provided for each employee that does not reside at the home. The driveway may serve to meet the employee parking requirement;

f.

Noise. In order to protect adjacent residential dwellings from noise impacts, outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. Amplification equipment shall not be used for outdoor activities associated with the day care use. The day care use is subject to compliance with the city's noise ordinance;

g.

Indoor Play Areas. All indoor play areas must comply with city building and zoning codes, subject to inspection and approval by the local building department, fire marshal, and the department of social services community care licensing;

h.

Signs Prohibited. No signs shall be allowed in conjunction with the day care facility.

(3)

Day Care Centers and Employer-sponsored Child Care Centers. In order to obtain required authorization or permits listed in Table 18.61.030-1 of this chapter (e.g., conditional use permit in public and quasi-public

zoning districts), day care centers and employer-sponsored child care centers shall comply with the following provisions:

a.

License. Day care centers and employer-sponsored child care centers, regardless of the underlying zoning district, are required to obtain a business license from the city and provide the city with a copy of the state of California day care license;

b.

Traffic Control. Off-street loading areas shall be provided on-site and designated for the forward travel of vehicles both on entering and leaving the premises. The site plan shall clearly identify pedestrian routes to and from the drop-off and pick-up areas, including sidewalks and directional signage;

c.

Parking. Required parking shall include one space for each employee, one visitor space for every ten students, plus adequate drop-off/pick-up areas as determined by the community development director. Parking shall be provided based on the maximum student and corresponding employee capacity for the facility;

d.

Noise. In order to protect adjacent uses from noise impacts associated with the child day care facility, hours of operation are limited to 14 hours a day between the hours of 6:00 a.m. and 8:00 p.m., and outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. Amplification equipment shall not be used for outdoor activities associated with the day care use. Day care centers and employer-sponsored child care centers shall comply with all applicable provisions of the city's noise ordinance;

e.

Signs. Day care centers and employer-sponsored child care centers are permitted business signs as follows:

1.

Freestanding Signs. One freestanding monument sign with a maximum sign area of 12 square feet and a maximum sign height of five feet,

2.

Wall Signs. If located in a nonresidential zoning district, day care centers and employer-sponsored child care centers may also have one building-attached wall sign with a maximum sign area of 0.5 square feet for each lineal foot of primarily building frontage, up to a maximum of 20 square feet.

(Ord. 745B §2(part), 2003)

CHAPTER 18.62 - HOME OCCUPATIONS

18.62.010 - Home occupation defined.

A "home occupation" is a business activity carried on within a dwelling by its inhabitant(s). The activity must be incidental to the residential use of the dwelling and must not change the residential character of the surrounding area by generating more traffic, noise, or storage of material than would otherwise be expected in a residential zone.

(Ord. 464B §1(part), 1984: Ord. 350B §1, 1978)

Except as provided in Section 18.62.060 and subsection 18.62.060(2), no business use of a residential unit shall be conducted within any dwelling unit located within a residential zone.

(Ord. No. 832B, § 1, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §2, 1978)

Editor's note— Ord. No. 832B, § 1, adopted Feb. 26, 2008, change the title of § 18.62.020 from "Conditional use permit required when" to "Home occupation permits." This historical notation has been preserved for reference purposes.

No conditional use permit shall be issued for a home occupation unless the planning commission makes the following findings, in addition to those findings otherwise required for issuance of any conditional use permit:

(1)

Such use is customarily incidental to the use of the dwelling unit as a residence;

(2)

Such use does not constitute retail or wholesale sales with transfer of products to the buyer at the residential site;

(3)

Such use shall be conducted solely by an occupant of the dwelling unit;

(4)

No signs shall be placed or erected on the property;

(5)

Such use shall be conducted within the dwelling unit and not within a garage or other accessory building, or on or within an unenclosed area;

(6)

At least one of the findings in Section 15.32.250 of the municipal code is satisfied.

(Ord. 350B §3, 1978; Ord. 464B §1(part), 1984: Ord. No. 832B, § 2, 2-26-2008; Ord. No. 913B, § 6(Exh. D), 6-28-2016)

18.62.040 - Specification of permissible uses.

The city council may specify by resolution those uses which are deemed to be permissible home occupations subject to the criteria set forth in this chapter.

(Ord. 464B §1(part), 1984: Ord. 350B §4, 1978)

Issuance of a conditional use permit for a home occupation shall be conditioned upon payment of a business license fee as set by city resolution, payable at the time of issuance of the permit.

(Ord. No. 832B, § 3, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §5, 1978)

18.62.060 - Home occupation clearance, conditions, and limitations.

The following regulations shall apply to home occupations in dwelling units located in any residential district:

(1)

A home occupation shall be permitted without the issuance of a conditional use permit subject to an occupant's compliance with the following conditions and limitations:

a.

No more than two home occupations shall be permitted in a dwelling unit.

b.

The home occupation(s) shall be operated by no more than two individuals, both of whom shall be inhabitants of the dwelling unit.

c.

The home occupation(s) shall not require the use of more than 15 percent of the total floor area of the dwelling unit and such use shall be clearly incidental to the use of the dwelling as a residence.

d.

The home occupation(s) shall not require the elimination of required off-street parking spaces.

e.

The home occupation(s) shall be conducted solely within the dwelling unit and not within a garage or other accessory building or on or within an unenclosed area.

f.

No signs advertising the home occupation(s) shall be allowed.

g.

The home occupation(s) shall not require the storage of flammable or hazardous materials.

h.

Vehicles relating to the home occupation(s) shall not be parked at the subject residence if they are larger than a standard pickup or van. Not more than one vehicle specifically for use in conjunction with each home occupation shall be permitted.

i.

No equipment or material relating to a home occupation (other than a permitted vehicle) shall be parked or stored outside of the subject residence.

j.

The home occupation(s) shall not create adverse levels of noise, dust, odors, or vibrations above the ambient levels in the surrounding neighborhood.

k.

The person conducting each home occupation shall pay a business license fee in the amount set by city resolution.

l.

The city may, from the hours of 7:00 a.m. to 6:00 p.m., enter the premises for the purpose of inspecting to determine whether or not the conditions of this subsection are being complied with.

m.

Home occupation(s) will have limited business hours of 7:00 a.m. to 6:00 p.m. only.

n.

No home occupation(s) permit(s) shall be issued which involve commercial food handling, processing, or packing.

o.

The delivery of materials to the residence shall not exceed more than two deliveries of products or materials per day. No delivery shall involve the use of commercial vehicles, no delivery shall be by vehicles larger than an automobile, pickup, or typical delivery van, such as, but not limited to, UPS, FedEx, and USPS-type home pickups and deliveries.

(2)

Notwithstanding subsection (1) of this section, home occupations located in any residential district that involve the following activities shall require the issuance of a conditional use permit pursuant to Section 18.62.020. Development Standards within Section 18.12.080, 18.14.090, and 18.16.090 shall be excluded from the following:

a.

Personal contact with customers at the applicant's residence;

b.

The making of merchandise for sale. A use permit may be issued provided that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup, or standard size van, and shall not create adverse levels of noise, dust, odors, or vibrations above the ambient levels in the surrounding neighborhood;

c.

Reserved.

d.

Three or more home occupations in a dwelling unit.

(3)

Issuance of a permit for a home occupation shall be conditioned upon payment of a business license fee in the amount set by city resolution, payable at the time of issuance of the permit.

• (Ord. No. 832B, §§ 1—22, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §6, 1978; Ord. No. 964B, § 2, 5 8-2018)

Where a home occupation is permitted pursuant to subsection 18.62.060(1), an applicant must complete and sign a form provided by the planning department that acknowledges the conditions and limitations of an approved home occupation. Where the home occupation requires a use permit, an application for such use permit shall be made pursuant to Section 18.62.020 of this chapter.

(Ord. 464B §1(part), 1984: Ord. 350B §7, 1978)

18.62.080 - Existing home occupations.

(a)

Any person conducting a home occupation within a residential zone at the time of adoption of the ordinance codified in this chapter shall either discontinue such use or apply for a permit as provided in this section within 90 days after the adoption of the ordinance codified in this chapter, and annually thereafter.

The planning commission shall issue a permit upon making all of the following findings:

(1)

The applicant was conducting a home occupation at the same dwelling for which the permit is requested at the time of the adoption of the ordinance codified in this chapter;

(2)

Except for the first permit issued within 90 days after the passage of the ordinance codified in this chapter, that the applicant has continued to do business at the same dwelling unit during the year since the last permit was obtained;

(3)

There have either been no complaints by surrounding neighbors of noise or other nuisance or such complaints are found by the planning commission to be insubstantial.

(b)

If the commission cannot make the findings in subsection (a) of this section, the applicant must either discontinue conducting a home occupation or apply for a conditional use permit pursuant to Section 18.62.020.

(c)

Issuance of a permit for a home occupation shall be conditioned upon payment of a business license fee in the amount of $30.00 per year, payable at the time of issuance of the permit.

(Ord. 464B §1(part), 1984)

Violation of any provision of this chapter or any condition of a use permit issued as provided in this chapter constitutes a misdemeanor. Any such violation is further declared to be a public nuisance and may be abated as provided by law.

(Ord. 464B §1(part), 1984)

CHAPTER 18.63 - TEMPORARY BUILDINGS IN INDUSTRIAL AREAS

18.63.010 - Temporary buildings in industrial areas.

Temporary buildings may be allowed in industrial areas provided that all of the following conditions are met:

(1)

The temporary building will be for a use permitted by the applicable zoning;

(2)

The business or industry which will utilize the temporary buildings must have been continually operating on the site for a minimum period of three years within a permanent existing building;

(3)

The temporary building will be used adjacent to the existing permanent building;

(4)

The business or industry intends to expand its existing permanent building within five years;

(5)

The owners of the real property enter into an agreement, approved by the city, providing, among other things, that the owner will remove the temporary building in five years, will indemnify and hold harmless the city for any losses and damages should the city have to remove the temporary building and post a sufficient cash deposit as determined by the city, should the city need to remove the temporary building;

(6)

Any temporary building shall be subject to design review process as provided in Chapter 18.64 et seq. of this code.

(Ord. 554B §1(part), 1991)

A temporary building shall not be allowed unless a finding is made that the erection, establishment, maintenance or operation of the temporary building will not, under the circumstances of the particular situation, be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 554B §1(part), 1991)

"Industrial area" as used in Section 18.63.010 is defined as follows: those areas designated in the city's land use plan, as amended, as "industrial," "light industrial" or "industrial planned unit development district."

(Ord. 554B §1(part), 1991)

Applications for a temporary building shall be made in writing by the property owner or his agent to the planning commission on a form to be prescribed by the commission. The application shall include the following data:

(1)

A map drawn to scale showing the proposed temporary building along with the existing permanent building, the property and the location of the buildings on the property and the property lines for property within 400 feet of the exterior boundary lines of the subject property;

(2)

The names and mailing addresses of the owners of the property shown on the map;

(3)

The proposed use of the temporary building; and

(4)

Such other information as the planning commission may require.

(Ord. 554B §1(part), 1991)

A public hearing shall be held by the planning commission after the filing of the application. Not less than ten days prior to the public hearing, notice by mail to all the property owners shown on the list furnished by the applicants shall be given. That notice shall include the name and address of the applicant, owner, agent, if any, a description of the proposed temporary building and the date, hour and place of the hearing.

(Ord. 554B §1(part), 1991)

The procedures for designating conditions, lapse from disuse, notice and finality of decision, revocation and modification, and reapplications after denial or revocation as provided in Chapter 18.54 of this code shall apply.

(Ord. 554B §1(part), 1991)

DIVISION VII. - DESIGN REVIEW

CHAPTER 18.64 - GENERAL PROVISIONS

The provisions of this division shall not apply to single-family dwellings built on lands subdivided pursuant to a final or parcel map approved by the city council prior to July 1, 1979. Such single-family dwellings shall be subject to administrative design review as provided for in Chapter 18.68 of this title.

(Ord. 678B §1, 1999: Ord. 585B §1(part), 1993: Ord. 361B §1, 1979: Ord. 357B §8.04.000, 1979)

The city council finds that there exist in the city conditions which promote disharmony and reduce land and property values. The council also finds that the lack of appropriate guidelines for the design of new

buildings and structures on the city's streets contributes to these conditions. It further finds desirable the provision of such guidelines for the protection and enhancement of land and property values, for the creation and preservation of a high-quality environment and for the promotion of the health, safety and general welfare of the community.

(Ord. 585B §1(part), 1993: Ord. 357B §8.01.000, 1979)

The purpose of this division is to:

(1)

Recognize the interdependence of land values and aesthetics and to provide a method by which the city may implement this interdependence to its benefit;

(2)

Encourage development of private property in harmony with the desired character of the city and in conformance with the guidelines provided in this division; including, but not limited to the goals, objectives, district design guidelines and standards described in the Lincoln downtown urban design plan, adopted by the city council by Resolution No. 92-95 and as may be amended, and provided that due regard and consideration is given to the public and private interest involved;

(3)

Foster attainment of those sections of the city's general plan which specifically relate to preservation and enhancement of the particular character of the city, including, but not limited to, that described in the Lincoln downtown urban design plan, through encouraging private interests to assist in their implementation;

(4)

Assure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and other public structures and spaces including, but not limited to, that described in the Lincoln downtown urban design plan, shall be protected by the exercise of reasonable controls over the character and design of private buildings and open spaces.

(Ord. 585B §1(part), 1993: Ord. 357B §8.01.010, 1979)

CHAPTER 18.66 - DESIGN REVIEW BOARD

The city council creates the design review board. The membership of the design review board shall consist of the following persons:

(1)

City engineer;

(2)

City planner;

(3)

City administrator or his designee;

(4)

City fire chief or his designee;

(5)

City police chief or his designee;

(6)

A member of the planning commission appointed by the commission;

(7)

A member of the public appointed by the city administrator.

(Ord. 417B §1, 1982: Ord. 357B §8.02.000, 1979)

The duties of the design review board shall be to make recommendations on any matter requiring qualified aesthetic and/or architectural judgments to the end that the general appearance of any improvement shall preserve or enhance the physical environment and character of the community.

(Ord. 357B §8.02.010, 1979)

CHAPTER 18.67 - REQUIREMENTS AND PROCEDURES

18.67.010 - Application required for all construction, moving or alteration—Materials to be filed.

Prior to the construction, erection, alteration, moving, remodeling or other change in a building or structure within the city, the applicant shall file with the design review board the following, if required by the board:

(1)

A site plan showing:

a.

The roof plan of the building;

b.

Location of existing trees and structures, if any;

c.

Locations and dimensions of streets and highway designations;

d.

Location of off-street parking and loading facilities;

e.

Location of points of entry and exit for vehicles and internal circulation patterns;

f.

Location of walls and fences and indication of their height and material of construction;

g.

Exterior lighting standards and devices;

h.

Grading and slopes where these affect the relationship of the buildings.

(2)

Architectural drawings of elevations, to include all sides of the development;

(3)

Preliminary landscape plan, including the plant names;

(4)

Site photographs or snapshots showing the site itself and adjacent properties to intersections;

(5)

Color and texture chips or other samples of materials.

(Ord. 357B §8.03.000, 1979)

The design review board shall review the applications for permits throughout the city. The project designer or his representatives shall be present and shall participate in the review process.

(Ord. 357B §8.03.010, 1979)

The design review board shall examine the materials submitted with the application by considering the following aspects for conformance with the purpose of this division:

(1)

General site-utilization considerations;

(2)

General architectural considerations:

a.

Height, bulk and area of the building;

b.

Colors and types of buildings and installations;

c.

Physical and architectural relation of buildings with existing and proposed structures;

d.

Site layout, orientation and location of buildings in relationship with open areas and topography;

e.

Height, materials, colors and variations in boundary walls and fences;

f.

Location and type of landscaping, including but not limited to off-street parking areas;

g.

Appropriateness of sign design and exterior lighting;

h.

General landscape considerations;

i.

Graphics.

(Ord. 357B §8.03.020, 1979)

18.67.040 - Planning commission approval or disapproval.

The design review board shall make a report on each application to the city planning commission, which shall either approve, approve with conditions or overrule the recommendations of the design review board.

(Ord. 357B §8.03.030, 1979)

Before a building or structure may be occupied, it must be inspected by the building inspector for compliance with the recommendations of the design review board as approved by the planning commission. Occupancy shall not be permitted unless landscaping also complies with the approved plan. If for any reason landscaping cannot be accomplished at the time of construction, a performance bond shall be posted by the owner or builder.

(Ord. 357B § 8.03.040, 1979)

The recommendation of the design review board as approved by the planning commission shall remain in effect no longer than four years, unless a condition of approval specifies an alternate time expiration limit, at the end of which time, if the building is not completed or under construction, the applicant must apply for a new permit and initiate the review process. 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(5.1F), 8-27-2024; Ord. 357B §8.03.050, 1979)

CHAPTER 18.68 - ADMINISTRATIVE DESIGN REVIEW

The city council finds that there exists in the city, conditions with promote disharmony and reduce land and property values. The council also finds that the lack of appropriate guidelines for the design of new singlefamily structures and property contributes to these conditions. It further finds desirable the provision of such guidelines for the protection and enhancement of land and property values, for the creation and preservation of a high-quality environment and for the promotion of the health, safety and general welfare of the community. Based upon the above findings, the city council hereby establishes an administrative design review process for all newly constructed dwellings (including all modular/prefabricated dwellings) placed upon a single family lot subdivided pursuant to a final or parcel map approved by the city council prior to July 1, 1979, which pursuant to Section 18.64.010 is not subject to design review as provided in Division VII of Title 18 of this code.

(Ord. 678B §2 (part), 1999)

18.68.020 - Authority to act on administrative design review.

The community development director or his/her designee shall have authority to approve an administrative design review application upon a determination that the criteria set forth in Section 18.68.030 have been met. Within ten days of receiving a complete application, the community development director will render a determination regarding the approval of the application. The director shall have the authority to approve, approve with conditions, or deny an application. The community development director may, at his or her discretion, schedule for review by the planning commission any application for approval. The planning commission shall have the authority to approve, approve with conditions or deny all applications for design review if so scheduled by director.

(Ord. 678B §2 (part), 1999)

Single-family dwellings are required to meet the following criteria in order to be approved for administrative design review:

(1)

The structure is covered with an exterior material customarily used in new residential structures in the surrounding neighborhood. This includes garages as well as the main structure.

(2)

The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the foundation shall be textured or colored to match the exterior covering material. Alternate skirting materials customarily used in residential structures in the surrounding neighborhood will be considered compatible.

(3)

The roofing material is of a material customarily used on residential structures in the surrounding neighborhood.

(4)

The roof pitch design is one customary to the pitch on residential structures in the surrounding neighborhood.

(5)

The evaluations including the placement of doors, windows, eaves and gable overhangs are typical for those customarily used in residential structures in the surrounding neighborhood.

(6)

The dwelling meets all of the requirements for the zoning district, including setbacks, lot coverage, offstreet parking requirements and other development standards applicable to the district in which it is to be located.

(7)

The façade that fronts on the street is designed with sufficient detail to make it visually compatible with residential structures in the area.

(Ord. 678B §2 (part), 1999)

Any applicant or other person aggrieved by a decision made by the director of community development under Section 18.68.020 may appeal to the planning commission pursuant to Chapter 18.94.

(Ord. 678B §2 (part), 1999)

CHAPTER 18.69 - OAK TREE PRESERVATION

The city council finds and determines that oak trees are beneficial to the health and welfare of the citizens of Lincoln in that they preserve and promote natural beauty, reduce soil erosion, enhance property values, improve air quality, help maintain climatic balance, decrease wind velocities, abate noise, aid in water absorption, and help reduce energy consumption for air cooling by providing shade, and that preservation of these oak trees is in the public interest.

It shall be the policy of the city to preserve all oak trees possible through its development review process while at the same time recognizing individual rights to develop private property.

(Ord. 459B §1, 1984; Ord. No. 1039B, § 5, 9-28-2021)

The city council may adopt guidelines to regulate the preservation of oak trees located within the city limits. After adoption of the guidelines, the planning commission, the city council and/or the design review committee, as the case may be, shall utilize these guidelines in reviewing applications for projects including but not limited to rezonings, subdivision maps, parcel maps, development permits, conditional use permits, design review board approvals, and variances and shall impose conditions of approval on such projects consistent with said guidelines.

(Ord. 459B §2, 1984)

Inspection for compliance with the conditions of project approval relating to the preservation of oak trees shall be part of the city's regular project inspections. Whenever the city building official or city planner determines that construction activities are not in compliance with the conditions of project approval, the building official shall issue a stop work order which shall prohibit any further development activity until the violation(s) have been corrected. The stop work order shall set forth in writing the violation(s) and shall list the remedies to be taken to correct the violation(s).

(Ord. 459B §3, 1984)

If it is determined pursuant to the procedure set forth in Section 18.54.080 that an oak tree(s) has been removed or irrevocably harmed so that its death is imminent in violation of the conditions of project approval, the city may require one or more of the following to correct the violation:

(1)

Replacement of the oak tree(s) removed or irrevocably harmed in violation of the conditions of project approval by planting replacement specimen trees of no less than 15 gallons in size, having a total combined diameter at the time of planting equal to the diameter of the removed tree(s).

(2)

If the project site is not capable of supporting all the required replacement trees, a fee shall be paid to the city equal to the retail cost, at the time of the violation, of the replacement trees required in subsection (1) of this section, but which cannot be accommodated on the project site. Such fees shall be deposited in a separate fund and used to plant new trees, to secure oak tree habitat, to maintain existing trees owned by the city and to maintain trees located within the city's right-of-way.

(3)

In addition to the remedies set forth in subsections (1) and (2) of this section, the city shall have recourse to any penalty which may be imposed under this title for failure to comply with conditions of project approval.

(Ord. 459B §4, 1984; Ord. No. 1039B, § 6, 9-28-2021)

DIVISION VIII. - LINCOLN MUNICIPAL AIRPORT HAZARD ZONE CHAPTER 18.70 - GENERAL PROVISIONS

(a)

It is hereby found that an airport hazard endangers the lives and property of users of Lincoln Municipal Airport, and property or occupants of land in its vicinity, and also that the obstruction types, in effect, reduce the size of area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. Accordingly, it is declared that:

(1)

The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the airport;

(2)

It is necessary, in the interest of the public health, safety and general welfare, that the creation or establishment of airport hazards be prevented;

(3)

The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of police power.

(b)

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which cities may raise and expend public funds and acquire land or interests in land.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.000, 1979)

Where there exists a conflict between any of the regulations or limitations prescribed in this division and any other regulations applicable to the same area in this title or any ordinance, regulation or statute, whether the conflict is with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.010, 1979)

18.70.030 - Airport zoning commission.

The planning commission of the city is appointed as the airport zoning commission.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.020, 1979)

18.70.040 - Definitions.

As used in this division, the following terms shall have the following meanings unless the context otherwise requires:

(1)

"Airport" means the Lincoln Municipal Airport.

(2)

"Airport elevation" means the highest point of the airport's usable landing area measured in feet from mean sea level.

(3)

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

(4)

"Airport zoning commission" means a board consisting of the city planning commission.

(5)

"Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Chapter 18.72. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

(6)

"Approach," "transitional," "horizontal" and "conical" zones: These zones are set forth in Chapter 18.72.

(7)

"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

(8)

"Height" means, for the purpose of determining the height limits in all zones set forth in this division and shown on the zoning map, mean sea level elevation, unless otherwise specified.

(9)

"Horizontal surface" means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

(10)

"Lincoln airport authority" means the governing board of the airport.

(11)

"Nonconforming use" means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this division or an amendment thereto.

(12)

"Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

(13)

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative or any of them.

(14)

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a

precision approach system is planned and so indicated on an FAA-approved airport layout plan, a military service's approved military airport layout plan, or any other FAA planning document or military service's military airport planning document.

(15)

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the "primary surface" extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface or planned hard surface, the "primary surface" ends at each end of that runway. The width of the "primary surface" of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway centerline.

(16)

"Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

(17)

"Structure" means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formations and overhead transmission lines.

(18)

"Transitional surfaces": These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally, from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.030, 1979)

CHAPTER 18.72 - ZONES AND HEIGHT RESTRICTIONS Article I. - Designation of Zones

18.72.010 - Zones established—Map—Location in more than one zone.

In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones of the airport. Such zones are shown on the Lincoln Municipal Airport Hazard Zoning Map, consisting of one sheet prepared by Reinard W. Brandley and dated June 8, 1979, which is attached to this chapter and made a part hereof. An area located in more than one of the zones described in this article is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as set out in this article.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(part), 1979)

The inner edge of the utility runway visual approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(a), 1979)

18.72.030 - Utility runway nonprecision instrument approach zone.

The inner edge of the utility runway nonprecision instrument approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(b), 1979)

18.72.040 - Runway-larger-than-utility visual approach zone.

The inner edge of the runway-larger-than-utility approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(c), 1979)

18.72.050 - Runway-larger-than-utility with a visibility minimum greater than three-fourths of a mile nonprecision instrument approach zone.

The inner edge of the runway-larger-than-utility with a visibility minimum greater than three-fourths of a mile nonprecision instrument approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(d), 1979)

18.72.060 - Runway-larger-than-utility with a visibility minimum as low as three-fourths of a mile nonprecision instrument approach zone.

The inner edge of the runway-larger-than-utility with a visibility minimum as low as three-fourths of a mile nonprecision instrument approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(e), 1979)

18.72.070 - Precision instrument runway approach zone.

The inner edge of the precision instrument runway approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(f), 1979)

Transitional zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally, from the edge of the approach zone and at 90-degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(g), 1979)

18.72.090 - Horizontal zone.

The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(h), 1979)

18.72.100 - Conical zone.

The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(i), 1979)

Article II. - Height Limitations

Except as otherwise provided in this division, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this division to a height in excess of the applicable height limit established in this article for such zone. Such applicable height limitations are established for each of the zones in question. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(part), 1979)

18.72.120 - Utility runway visual approach zone.

The utility runway visual approach zone slopes upward 20 feet horizontally for each foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(a), 1979)

18.72.130 - Utility runway nonprecision instrument approach zone.

The utility runway nonprecision instrument approach zone slopes upward 20 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(b), 1979)

18.72.140 - Runway-larger-than-utility visual approach zone.

The runway-larger-than-utility visual approach zone slopes upward 20 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(c), 1979)

18.72.150 - Runway-larger-than-utility with a visibility minimum greater than three-fourths of a mile nonprecision instrument approach zone.

The runway-larger-than-utility with a visibility greater than three-fourths of a mile nonprecision instrument approach zone slopes upward 34 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(d), 1979)

18.72.160 - Runway-larger-than-utility with a visibility minimum as low as three-fourths of a mile nonprecision instrument approach zone.

The runway-larger-than-utility with a visibility minimum as low as three-fourths of a mile nonprecision instrument approach zone slopes upward 34 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(e), 1979)

18.72.170 - Precision instrument runway approach zone.

The precision instrument runway approach zone slopes upward 50 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline, then slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(f), 1979)

The transitional zones slope upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extend to a height of 150 feet above the airport elevation, which is 117 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface, and extending to a horizontal distance of 5,000 feet measured at 90degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(g), 1979)

The horizontal zone extends 150 feet above the airport elevation or a height of 267 feet above mean sea level.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(h), 1979)

The conical zone slopes upward and outward 20 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(i), 1979)

Nothing in this division shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 30 feet above the surface of the land.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(j), 1979)

CHAPTER 18.74 - USE RESTRICTIONS

Notwithstanding any other provisions of this title, no use may be made of land or water within any zone established by this division in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise, in any way, create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Ord. 386B §1(part), 1981: Ord. 357B §9.03.000, 1979)

(a)

Regulations not Retroactive. The regulations prescribed by this division shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of the ordinance provisions codified in this division, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this division, and is diligently prosecuted.

(b)

Marking and Lighting. Notwithstanding the preceding provisions of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as are deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be approved, installed, operated and maintained at the expense of the Lincoln airport authority.

(Ord. 386B §1(part), 1981: Ord. 357B §9.03.010, 1979)

CHAPTER 18.76 - PERMITS, VARIANCES AND APPEALS

No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor has been applied for and granted.

(1)

However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

(2)

Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

(3)

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height

limits established by this division or as set forth in Section 18.72.210.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.000, 1979)

No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of the provisions codified in this division or any amendments thereto or than it is when the application for a permit is made. No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.010, 1979)

Whenever the planning director determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit as established in this division or otherwise deviate from the zoning regulations.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.020, 1979)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use property not in accordance with the regulations prescribed in this chapter, may apply to the planning commission for a variance from such regulation. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation but do substantial justice and be in accordance with the spirit of the regulations of this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.030, 1979)

The provisions in Sections 18.76.060 through 18.76.110 shall apply equally to applications for permits and variances.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(part), 1979)

Applications for a permit or variance shall be made in writing by the property owner or his agent to the planning director on a form provided by the city. All applications shall include the following information:

(1)

A map drawn to scale indicating the location and dimensions of the property for which a permit or variance is requested;

(2)

A site plan drawn to scale indicating the height of all proposed and existing structures and trees as well as their relationship to the applicable airport zone;

(3)

The information required pursuant to Section 18.54.030;

(4)

Such other information as the planning commission may require.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(a), 1979)

18.76.070 - Administrative review.

Within 45 days after submission to the planning department of a complete application, staff shall review the proposal for the purpose of making its recommendations to the planning commission at its next scheduled meeting following the review period. In addition, a copy of either the variance request or permit shall be furnished to the airport manager for advice and comment as to the aeronautical effects of the proposal. Such written recommendations and comments that the airport manager makes shall be included in any staff report to the planning commission.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(b), 1979)

A public hearing shall be held by the planning commission after the filing of an application. A notice of the time and place of the hearing, including a general explanation of the area affected, is to be published in a newspaper of general circulation at least ten calendar days before the hearing. The planning commission shall also give notice as provided for in Section 18.54.040.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(c), 1979)

The planning commission may approve, disapprove or conditionally approve such applications. In granting conditional approval, the commission may require such provisions as it deems necessary to carry out the purpose of this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(d), 1979)

18.76.100 - Markers and lights as conditions.

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this division and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the airport authority, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(e), 1979)

For the purpose of defraying the expense involved in connection with an application, the city council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for applications under Section 18.76.060 et seq.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(f), 1979)

(a)

Any person aggrieved, or any taxpayer affected by, any decision of the planning commission may appeal to the city council.

(b)

All appeals under this section must be taken within ten days following the action of the planning commission. Such appeals shall be filed in writing with the city clerk, specifying the grounds thereof. The city clerk shall transmit to the city council all papers constituting the record upon which the action appealed from was taken.

(c)

The city council shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

The city council may, in conformity with the provisions of this division, reverse of affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.050, 1979)

Any person aggrieved, or any taxpayer affected, by any decision of the city council may appeal as provided in section 50485.11 of the Government Code.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.060, 1979)

CHAPTER 18.78 - VIOLATIONS

Each violation of this division or of any regulation, order or ruling promulgated under this division constitutes a misdemeanor.

(Ord. 386B §1 (part), 1981: Ord. 357B §9.05.000, 1979)

The city may institute, in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this division or of any regulation, order or ruling promulgated or made under this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.05.010, 1981)

DIVISION IX. - DEVELOPMENT AGREEMENTS CHAPTER 18.80 - GENERAL PROVISIONS, NOTICES AND RECORDS

This division is adopted pursuant to the authority of Government Code sections 65864 through 65869.5.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.010, 1979)

18.80.020 - Exclusivity of provisions—Conflicting provisions.

Unless otherwise expressed in this title, the provisions in this division are the exclusive procedures and rules relating to development agreements. In the event of any conflict these provisions shall prevail over any other provisions in this title.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.020, 1979)

18.80.030 - Notice of public hearings.

(a)

Notice of public hearings required by this division shall be given as provided in sections 65854, 65854.5 and 65856 of the Government Code, in addition to such other notice as may be required for other actions to be considered concurrently with the development agreement.

(b)

The notice requirements referred to in subsection (a) of this section are as required by the laws existing at the time of adoption of the amendatory ordinance codified in this division (Government Code sections 65867, 65854, 65854.5 and 65856). If state law is amended to prescribe a different notice requirement, notice shall be given in that manner.

(c)

The failure of any person to receive notice required by law of any hearing as required by this division shall not affect the authority of the council to enter into a development agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.030, 1979)

Within ten days after the effective date of a development agreement, or any modification or the cancellation thereof, the city clerk shall have the agreement, the modification or the notice of cancellation recorded with the county recorder.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.040, 1979)

The city clerk shall be the official custodian of the agreement file. The file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, modifications or cancellation, to the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.050, 1979)

CHAPTER 18.82 - APPLICATION

A development agreement may be initiated by:

(1)

An application of one or more qualified applicants as defined in Section 18.82.020;

(2)

By resolution of intention of the city council;

(3)

By resolution of intention of the planning commission.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.010, 1979)

Only a qualified applicant or his authorized agent may file an application pursuant to this division. A "qualified applicant" is a person who (which) has a legal or an equitable interest in the real property which is the subject of the development agreement. Such interest must be such that the applicant has or will have control of the use of the property during the proposed term of the agreement. The planning director may require an applicant to submit proof of his (its) interest in the real property and of the authority of the agent, if any, designated to act for the applicant. The planning director may require an applicant or agent to submit

a title report from a reputable title insurance company or other evidence to verify the legal or equitable interest of the applicant in the property.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.015, 1979)

(a)

Application for a development agreement shall be made in writing to the planning department on a form prescribed by the planning commission. The application shall be accompanied by those items specified in Section 18.92.030.

(b)

In addition to the information required by subsection (a) of this section, the planning director may require a qualified applicant to submit such additional information and supporting data as the director considers necessary to process the application.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.020, 1979)

For the purpose of defraying the expense involved in connection with an application, the city council may establish by resolution a schedule of fees. The schedule of fees shall be available in the planning department and on file in the office of the city clerk.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.025, 1979)

An applicant may withdraw an application filed pursuant to this division at any time prior to city council action on the application. Any fee required for processing the application shall not be returned or refunded to the applicant.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.030, 1979)