Lincoln Municipal Code § 18.16.010 Permitted uses

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

(1) Apartments;

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

(3) Accessory buildings, subject to regulations in Section 18.36.050;

(4) Accessory uses, subject to regulations in Section 18.36.060;

(5) ADU as regulated by Chapter 18.37;

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

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

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

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

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

(11) Signs as permitted by Title 16.

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

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

(1) Lodges;

(2) Rest homes;

(3) Clubhouses;

(4) Churches, schools, parks, and playgrounds;

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

(6) Townhouses, rowhouses, and condominiums;

(7) Single room occupancy (SRO);

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

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

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

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

(2) Emergency generators shall be fueled by natural gas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. 357B § 3.04.020, 1979)

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

(1) Corner lot: 8,500 square feet;

(2) Interior lot: 8,500 square feet.

(Ord. 357B § 3.04.030, 1979)

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

(Ord. 357B § 3.04.040, 1979)

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

(Ord. 357B § 3.04.050, 1979)

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

(1) Corner lot: 68 feet;

(2) Interior lot: 68 feet.

(Ord. 357B § 3.04.060, 1979)

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

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

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

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

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

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

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

(Ord. 357B § 3.04.070, 1979)

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

(1) Minimum lot area: 10,000 square feet;

(2) Minimum lot width: 100 feet;

(3) Minimum front-yard depth: 20 feet;

(4) Minimum rear-yard depth: 20 feet;

(5) Maximum height of a building or structure: 45 feet.

(Ord. 357B § 3.04.080, 1979)

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

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

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

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

(4) Building width shall be a minimum of 16 feet.

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

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

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

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

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

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

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

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

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

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

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

(a) Definitions.

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

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

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

(1) Occupancy.

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

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

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

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

(4) Facilities.

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

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

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

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

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

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

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

(Ord. No. 880B, § 5, 3-26-2013)