In all other districts except the mixed use districts (Core, MU-1, and MU-2), 6,000 square feet for either one or two dwelling units and 2,000 square feet for each additional dwelling unit.
For buildings up to 30 feet in height, Subsection A(2) above shall apply, but for high-rise dwellings over 30 feet in height, the following schedule shall apply:
Planned apartment dwelling group on a minimum site of one acre. After consideration and approval of a site plan, in writing by the Planning Commission, the Village Board may authorize reduced area requirements per dwelling unit to 3,500 square feet per dwelling unit if, in the opinion of the Trustees, it has been clearly shown on the site plan that building coverage does not exceed that normally required by single- or two-family homes permitted in the district.
Planned apartment dwelling group, as permitted and regulated in the R-1 District, but the area requirements per dwelling unit may be reduced to 3,000 square feet in the case of buildings two stories in height and, in the case of new buildings three or more stories in height, to 2,000 square feet per dwelling unit.
The lot width requirement of this chapter shall be automatically waived to permit the restoration, enlargement (including the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record. Requirements for open space, off-street parking and lot area must be satisfied.
The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record which was owned separately and individually from all other contiguous tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing area or width requirements, provided that dwellings are a permitted use in the district in which such lot is located.
Vacant land or subdivision lots in the same record ownership at the effective date hereof or on the effective date of any amendment increasing width requirements having in the aggregate a continuous frontage resulting in a total lot width of 100 feet or more and less than 120 feet may be divided into two lots of equal width so far as width requirements are concerned or, in the case of property located within the mixed use districts, divided into lots of a width less than 50 feet if the lesser width is in compliance with the provisions of this chapter relating to the frontage requirements of property within the mixed use districts.
In the event that the frontage referred to in Subsection A or B of this section shall be contained in two or more districts, the provisions pertaining to the most restrictive district shall apply.
The provisions herein shall immediately apply to all subdivisions for which maps have been filed in the Erie County Clerk's Office, except as provided in § 7-708, Subdivision 2, of the Village Law.
§ 350-28 Front yard requirements.
[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]
In districts other than the mixed use districts, minimum front yard requirements shall be as follows:
Front yard exceptions. A proposed building need not have a deeper front yard than the average of existing buildings within 150 feet of the proposed building on each side thereof. In the absence of an existing building on either side within such distance, there shall be deemed to be such building with a front yard depth of 25 feet. In an R District, such proposed building shall not have a front yard depth less than such average of such existing buildings; but nothing herein shall require a front yard depth of more than 50 feet. Also in an R District, front entrance enclosures may extend a maximum of five feet into the required front yard.
§ 350-29 Side yard requirements.
[Amended 1-9-1978 by L.L. No. 1-1978; 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]
Minimum side yard requirements shall be as follows:
Its width shall not be less than five feet, provided that the height of the principal building does not exceed 15 feet and provided that an attractive and effective visual barrier is furnished and properly maintained. Such barrier may consist of fencing, planting or a combination of both. Periodic inspection shall be conducted by the Building Inspector to assure compliance with the conditions of this section.
Side yard exceptions. An addition to an existing dwelling may follow the line of the building, except in such cases where such addition may present a safety hazard.
§ 350-30 Rear yard requirements.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
Minimum rear yard requirements shall be as follows:
In any R District, equal to 25% of the lot depth, but shall not be less than 25 feet or a distance equal to the height of the principal building, whichever is greater.
Its depth shall not be less than 10 feet, provided that the height of the principal building does not exceed 15 feet and provided that an attractive and effective visual barrier is furnished and properly maintained. Such barrier may consist of fencing, planting or a combination of both. Periodic inspection shall be conducted by the Building Inspector to assure compliance with the conditions of this section.
Rear yard exception for through lots. On a through lot, where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
§ 350-31 Height requirements; exceptions.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023
Elevator or stair bulkheads, roof water tanks or cooling towers, including enclosures, provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
Any antenna structure or flagpole exceeding the height restrictions listed under Subsection D(3) and (4) above shall be subject to approval by the Village Engineer as to their structural stability and may not be installed without a building permit.
In any C or M-1 District, open off-street parking may occupy any required yard, except as otherwise provided for visibility and screening and except that it shall not be permitted within 10 feet of a street line or 10 feet of a lot in any R District; but when such parking is accessory to residential use, it shall be governed by the regulations pertaining to parking in R Districts in Subsection B of this section.
No open off-street standing or parking in connection with any dwelling or in connection with any accessory use carried on for gain or profit shall be located in any required front yard or side yard required setback areas or within five feet of any rear lot line, except as the same may provide direct ingress and egress to a garage or permitted off-street parking areas located elsewhere upon the premises. Under no circumstances shall a motor vehicle be parked or allowed to stand upon any portion of any premises which is not used for ingress or egress purposes, and the parking or standing of motor vehicles with "for sale" or similar displays shall be limited to vehicles registered to the owner of the property on which they sit. The advertising of the vehicle shall be limited to window signs and shall be limited to disposal of any vehicle not sold for profit or gain.
[Amended 9-26-1988 by L.L. No. 8-1988; 6-27-2011 by L.L. No. 7-2011]
In a C or M District, no processing or storage shall be permitted in any required yard, except for gasoline pumps, and no accessory structure shall be located in a required rear yard, except that dwellings shall be governed by R District regulations.
In any R District, roofed projections or buildings shall not occupy more than 30% of a required rear yard of an interior lot or more than 40% of a required rear yard of a corner lot.
In any R District no part of an accessory structure shall be nearer than four feet to a lot line or 10 feet to a rear lot line of a corner lot where such rear lot line abuts a side lot line of a lot in an R District.
In any R District a detached accessory building shall not be located so that any part thereof is nearer than 10 feet to any dwelling and five feet to any other building.
Except for corner visibility provisions (see § 350-16), access drives or walks, flagpoles, unenclosed steps or terraces not extending more than one foot above the adjoining finished grade may be located in any required open area, notwithstanding any of the above provisions.
District in which abutting lot lies. When it is necessary to know in which zoning district abutting property lies in order to determine yard requirements, and when such abutting lot is divided so that segments thereof are located in more than one zoning district, it shall be deemed to lie in the zoning district which contains the largest portion of its area having street frontage.
Open space between principal buildings on a single lot. In any R District no vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than 30 feet or a distance equal to the average height of such vertical walls measured from adjoining finished grade, whichever is greater.
Usable open space for mixed occupancy. In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation and household service activities.
Lancaster City Zoning Code
ARTICLE III
Bulk Regulations
§ 350-25 Lot area requirements.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
Minimum lot area requirements shall be as follows:
In all other districts except the mixed use districts (Core, MU-1, and MU-2), 6,000 square feet for either one or two dwelling units and 2,000 square feet for each additional dwelling unit.
For buildings up to 30 feet in height, Subsection A(2) above shall apply, but for high-rise dwellings over 30 feet in height, the following schedule shall apply:
Planned apartment dwelling group on a minimum site of one acre. After consideration and approval of a site plan, in writing by the Planning Commission, the Village Board may authorize reduced area requirements per dwelling unit to 3,500 square feet per dwelling unit if, in the opinion of the Trustees, it has been clearly shown on the site plan that building coverage does not exceed that normally required by single- or two-family homes permitted in the district.
Planned apartment dwelling group, as permitted and regulated in the R-1 District, but the area requirements per dwelling unit may be reduced to 3,000 square feet in the case of buildings two stories in height and, in the case of new buildings three or more stories in height, to 2,000 square feet per dwelling unit.
The lot width requirement of this chapter shall be automatically waived to permit the restoration, enlargement (including the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record. Requirements for open space, off-street parking and lot area must be satisfied.
The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record which was owned separately and individually from all other contiguous tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing area or width requirements, provided that dwellings are a permitted use in the district in which such lot is located.
Vacant land or subdivision lots in the same record ownership at the effective date hereof or on the effective date of any amendment increasing width requirements having in the aggregate a continuous frontage resulting in a total lot width of 100 feet or more and less than 120 feet may be divided into two lots of equal width so far as width requirements are concerned or, in the case of property located within the mixed use districts, divided into lots of a width less than 50 feet if the lesser width is in compliance with the provisions of this chapter relating to the frontage requirements of property within the mixed use districts.
In the event that the frontage referred to in Subsection A or B of this section shall be contained in two or more districts, the provisions pertaining to the most restrictive district shall apply.
The provisions herein shall immediately apply to all subdivisions for which maps have been filed in the Erie County Clerk's Office, except as provided in § 7-708, Subdivision 2, of the Village Law.
§ 350-28 Front yard requirements.
[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]
In districts other than the mixed use districts, minimum front yard requirements shall be as follows:
Front yard exceptions. A proposed building need not have a deeper front yard than the average of existing buildings within 150 feet of the proposed building on each side thereof. In the absence of an existing building on either side within such distance, there shall be deemed to be such building with a front yard depth of 25 feet. In an R District, such proposed building shall not have a front yard depth less than such average of such existing buildings; but nothing herein shall require a front yard depth of more than 50 feet. Also in an R District, front entrance enclosures may extend a maximum of five feet into the required front yard.
§ 350-29 Side yard requirements.
[Amended 1-9-1978 by L.L. No. 1-1978; 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]
Minimum side yard requirements shall be as follows:
Its width shall not be less than five feet, provided that the height of the principal building does not exceed 15 feet and provided that an attractive and effective visual barrier is furnished and properly maintained. Such barrier may consist of fencing, planting or a combination of both. Periodic inspection shall be conducted by the Building Inspector to assure compliance with the conditions of this section.
Side yard exceptions. An addition to an existing dwelling may follow the line of the building, except in such cases where such addition may present a safety hazard.
§ 350-30 Rear yard requirements.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
Minimum rear yard requirements shall be as follows:
In any R District, equal to 25% of the lot depth, but shall not be less than 25 feet or a distance equal to the height of the principal building, whichever is greater.
Its depth shall not be less than 10 feet, provided that the height of the principal building does not exceed 15 feet and provided that an attractive and effective visual barrier is furnished and properly maintained. Such barrier may consist of fencing, planting or a combination of both. Periodic inspection shall be conducted by the Building Inspector to assure compliance with the conditions of this section.
Rear yard exception for through lots. On a through lot, where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
§ 350-31 Height requirements; exceptions.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023
Elevator or stair bulkheads, roof water tanks or cooling towers, including enclosures, provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
Any antenna structure or flagpole exceeding the height restrictions listed under Subsection D(3) and (4) above shall be subject to approval by the Village Engineer as to their structural stability and may not be installed without a building permit.
In any C or M-1 District, open off-street parking may occupy any required yard, except as otherwise provided for visibility and screening and except that it shall not be permitted within 10 feet of a street line or 10 feet of a lot in any R District; but when such parking is accessory to residential use, it shall be governed by the regulations pertaining to parking in R Districts in Subsection B of this section.
No open off-street standing or parking in connection with any dwelling or in connection with any accessory use carried on for gain or profit shall be located in any required front yard or side yard required setback areas or within five feet of any rear lot line, except as the same may provide direct ingress and egress to a garage or permitted off-street parking areas located elsewhere upon the premises. Under no circumstances shall a motor vehicle be parked or allowed to stand upon any portion of any premises which is not used for ingress or egress purposes, and the parking or standing of motor vehicles with "for sale" or similar displays shall be limited to vehicles registered to the owner of the property on which they sit. The advertising of the vehicle shall be limited to window signs and shall be limited to disposal of any vehicle not sold for profit or gain.
[Amended 9-26-1988 by L.L. No. 8-1988; 6-27-2011 by L.L. No. 7-2011]
In a C or M District, no processing or storage shall be permitted in any required yard, except for gasoline pumps, and no accessory structure shall be located in a required rear yard, except that dwellings shall be governed by R District regulations.
In any R District, roofed projections or buildings shall not occupy more than 30% of a required rear yard of an interior lot or more than 40% of a required rear yard of a corner lot.
In any R District no part of an accessory structure shall be nearer than four feet to a lot line or 10 feet to a rear lot line of a corner lot where such rear lot line abuts a side lot line of a lot in an R District.
In any R District a detached accessory building shall not be located so that any part thereof is nearer than 10 feet to any dwelling and five feet to any other building.
Except for corner visibility provisions (see § 350-16), access drives or walks, flagpoles, unenclosed steps or terraces not extending more than one foot above the adjoining finished grade may be located in any required open area, notwithstanding any of the above provisions.
District in which abutting lot lies. When it is necessary to know in which zoning district abutting property lies in order to determine yard requirements, and when such abutting lot is divided so that segments thereof are located in more than one zoning district, it shall be deemed to lie in the zoning district which contains the largest portion of its area having street frontage.
Open space between principal buildings on a single lot. In any R District no vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than 30 feet or a distance equal to the average height of such vertical walls measured from adjoining finished grade, whichever is greater.
Usable open space for mixed occupancy. In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation and household service activities.