Lancaster City Zoning Code
ARTICLE I
General Provisions
§ 350-1 Title.
This chapter shall be known and may be cited as the "Amended and Revised Zoning Ordinance of the Village of Lancaster, County of Erie and State of New York," and shall constitute Chapter 350 of the Code of the Village of Lancaster.
§ 350-2 Purpose.
The comprehensive zoning plan set forth in the text and maps which constitute this chapter is adopted in order to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. These general goals include, among others, the following specific purposes: to provide for adequate light, air and convenience of access; to prevent undue concentration of population and overcrowding of land; to lessen congestion in the streets to secure safety from fire, flood, panic and other dangers; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
§ 350-3 Districts.
The Incorporated Village of Lancaster is hereby divided into the following zoning districts:
[Amended 4-27-1981 by L.L. No. 2-1981; 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
MU-Core | Mixed Use Cord District |
MU-1 | Mixed Use 1 District |
MU-2 | Mixed Use 2 District |
OS | Open Space Zone |
R-1 | Residence District |
R-2 | Residence District |
R2A | Residence District |
C-1 | Business District |
M-1 | Manufacturing District |
M-1P | Industrial Park District |
Wherever districts are referred to as "more restrictive" or "less restrictive," the designation shall refer to the order in which the districts are named above, the first named being the most restrictive and so on.
§ 350-4 Zoning Map.
The location and boundaries of the aforesaid zoning districts are shown on a map entitled "Zoning Map of the Village of Lancaster," which map, with all explanatory matter thereon, is hereby incorporated into this chapter and shall be as much a part hereof as if fully set forth and described herein.[1]
[1]
Editor's Note: The Zoning Map is on file with the Village Clerk.
§ 350-5 Interpretation of boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, as shown on the Zoning Map of the Village of Lancaster, the following rules shall apply:
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
§ 350-6 Applicability.
No building, other structure or land shall hereafter be used or occupied and no building or other structure or parts thereof shall be erected, relocated, altered, extended or enlarged unless in conformity with the use, height and bulk regulations specified herein for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.
No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with area requirements herein established. If, at the time of adoption of this chapter or of any subsequent amendments increasing the area or open space requirements, the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not be further reduced.
No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
Parcels designated as historic landmarks or included within historic districts. Except as may be otherwise expressly stated herein, this chapter shall not be deemed to supersede, preempt or modify Chapter 184 of the Code relating to historic districts and landmarks. Properties identified as historic landmarks and/or included within historic districts as provided at Chapter 184 of the Code shall also be subject to the provisions of Chapter 184.
[Added 1-22-2007 by L.L. No. 4-2007]
Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one lot for such use.
[Added 1-22-2007 by L.L. No. 4-2007]
§ 350-7 Exclusions.
The regulations of this chapter shall not be so construed as to limit or interfere with the dedication, development or use of any land or building for public parks, public playgrounds or public schools required for compulsory education or with the use of land or buildings owned by the United States Government, the State of New York, the County of Erie or the Village or the Town of Lancaster and used for governmental purposes or with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains or conduits, electric light or electric power transmission lines or distribution lines, telephone or telegraph lines, oil pipelines, steam transmission lines, sewers, sewer mains or railroad right-of-way existing or hereafter authorized by the State of New York, the County of Erie or the Village of Lancaster.
These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities which are otherwise permitted by this chapter in appropriate districts.
§ 350-8 Nonconforming uses.
Nothing contained in this chapter shall prevent the construction of a building or other structure which is made nonconforming by this chapter or subsequent amendment hereto for which a building permit has been lawfully issued, provided that either:
Construction of the foundation shall have commenced prior to the nonconforming date and construction thereafter is diligently prosecuted; or
The Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations have been incurred for such nonconforming building or structure prior to the nonconforming date.
§ 350-9 Conflict with other regulations.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare.
Whenever any provision of this chapter is at variance or conflict with any other provision of this chapter or any other statute, local ordinance or regulation covering any of the same subject matter, the most restrictive provision or the one imposing the higher standard shall govern.
§ 350-10 Severability.
It is hereby declared to be the intent of the Village Board that if a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid, in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.
§ 350-11 Interpretation of permitted uses.
§ 350-12 Temporary structures or uses.
The following temporary structures shall be deemed to be permitted uses in all zoning districts:
Temporary structures or uses incidental to construction work, including a nonilluminated sign, not exceeding 64 square feet in area, of any contractor, engineer or architect, shall be permitted, provided that any structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of such time limit shall require the approval of the Village Board of Trustees.
The temporary use of a dwelling as a model home for a period of time not to exceed three months.
Any temporary structure or use permitted by the Village Board of Trustees, provided the following findings are made:
Such use is of a temporary nature and does not involve the erection or enlargement of any permanent structure.
In case of a renewal of such permit, all conditions and safeguards previously required have been complied with.
In the case of continuation of temporary structures or uses incidental to construction work for a period in excess of one year (see Subsection A above):
§ 350-13 Lots divided by district boundaries.
Where a lot is divided by any zoning district boundary so as to be in more than one zoning district, and where such lot was an existing lot when such district boundary was established, a nonconforming use, occupying 50% or more of the area of said lot and having street frontage in the district where permitted, may be extended on such lot no more than 25 feet, measured at right angles to the district boundary, into any district where such use is not permitted, subject to applicable required open space provisions relating to such use.
§ 350-14 Street frontage.
No dwelling shall be erected on any lot which does not have immediate frontage on a street as defined in this chapter.
§ 350-15 Lot for every dwelling required.
Every building used as a dwelling shall be located on a lot, and except for permitted accessory dwellings or dwellings groups, there shall be not more than one such building on a lot.
§ 350-16 Automotive use areas.
Any portion of a lot used for open off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractor's equipment or boats shall be deemed to be an automotive use area. New automotive use areas or enlargements of existing automotive use areas shall be subject to the following requirements:
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained as to dispose of surface water accumulation.
Lighting. Any fixture used to illuminate an automotive use area shall be so arranged as to direct the light away from the street and from adjoining premises.
[Amended 4-27-1981 by L.L. No. 2-1981]
Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot, including lots situated across the street, as follows:
[Amended 4-27-1981 by L.L. No. 2-1981]
Along property and street lines by planting strips a minimum of 10 feet in width; provided, however, that no shrub planting or tree foliage along street lines shall be placed or maintained which obstructs vision at an elevation between three and seven feet above street level.
[Amended 4-27-1981 by L.L. No. 2-1981]
Access. No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines and, except for off-street parking areas for uses permitted in any R District requiring less than 10 parking spaces, no entrance or exit shall be permitted within 10 feet of a lot in any R District. Access to automotive use areas, except for off-street parking areas in R Districts for less than 10 vehicles, shall be approved by the Building Inspector and shall be so arranged that vehicles shall not back into a street.
Restriction. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State motor vehicle registration.
