Lincoln Municipal Code § 18.22.030 Conditional uses

Uses permitted in the C district are as follows:

(1) Shopping center or mall;

(2) Nursery, florist;

(3) Quick-food establishment;

(4) Newspaper stand;

(5) Other collection facilities;

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

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

(8) Signs as permitted by Title 16.

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

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

(1) Animal hospital;

(2) Apparel store;

(3) Bakery;

(4) Barbershop;

(5) Book or periodical store;

(6) Department store;

(7) Drugstore;

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

(9) Food store;

(10) Furniture store;

(11) Gift shop;

(12) Hardware store;

(13) Household appliance store;

(14) Jewelry store;

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

(16) Laundromat;

(17) Laundry agencies;

(18) Offices (professional, business and utility);

(19) Personal service establishments;

(20) Photographic studios;

(21) Photographic supplies;

(22) Record store;

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

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

(25) Salon;

(26) Stationery store;

(27) Tattoo parlors and/or body piercing establishments;

(28) Theater;

(29) Toy store;

(30) Variety store;

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

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

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

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

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

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

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

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

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

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

Exception: Fuel powered portable emergency generators are permitted in the commercial zone when providing temporary power to energize essential equipment, maintain operating hours and general maintenance. Portable generators shall not be connected to an electrical main or sub panel and not exceed the established noise standards as detailed in this provision.

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

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

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

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

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

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

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

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

(2) Ambulance services;

(3) Automobile agencies (sales and service);

(4) Automobile body and paint shop;

(5) Automobile repair shop;

(6) Bar;

(7) Bowling alley;

(8) Bus depot;

(9) Heavy equipment sales and service;

(10) Home improvement center;

(11) Lumberyard;

(12) Mortuary;

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

(14) Parking lot;

(15) Plumbing shop;

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

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

(18) Sheet metal shop;

(19) Tire shop;

(20) Video game center and arcade;

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

(22) Other uses of a similar nature;

(23) Pawnshops (per LMC 18.22.100);

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

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

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

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

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

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

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

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

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

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

[Figure]

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

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

(1) Corner lot: 2,500 square feet;

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

(Ord. 357B § 3.07.040, 1979)

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

(Ord. 357B § 3.07.050, 1979)

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

(1) Corner lot: 25 feet;

(2) Interior lot: 25 feet.

(Ord. 357B § 3.07.060, 1979)

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

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

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

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

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

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

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

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

(1) Minimum district area: one acre;

(2) Minimum district width: 100 feet;

(3) Minimum district depth: 100 feet.

(Ord. 357B § 3.07.080, 1979)

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

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

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

a. Any other pawnshop.

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