Lancaster City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 350-54 Enforcement officer.
Unless otherwise provided, the provisions of this chapter shall be administered and enforced by the Building Inspector of the Village. The Building Inspector shall keep a complete file of all applications, permits, orders, certificates, requirements and decisions affecting each and every application filed pursuant to this chapter and § 7-712 of the Village Law.
§ 350-55 Building permit required.
[Amended 1-9-1978 by L.L. No. 1-1978; 8-27-2012 by L.L. No. 6-2012; 5-14-2018 by L.L. No. 4-2018; 12-9-2019 by L.L. No. 18-2019; 10-14-2025 by L.L. No. 4-2025]
A.
The provisions of Village Code Chapters 104, Building Construction, and 95, Battery Energy Storage Systems, and other applicable regulations shall control the issuance of building permits. In addition to such provisions, every application for a building permit shall be accompanied by a plat, in duplicate, drawn to scale and showing the dimensions of the plot to be built upon, the size and location of the building or other structure on the plot and such other information as may be necessary to provide for the enforcement of the regulations contained in this chapter.
B.
Building permit applications for any of the following shall be subject to site plan review under § 350-56 and, if applicable, § 95-7:
(1)
New multiple-unit apartment complexes and condominium units.
(2)
Residential developments for townhouse units and patio homes.
(3)
New commercial, industrial, recreational, religious or institutional developments.
(4)
Alterations or additions to existing commercial, industrial or public developments which increase original gross floor area by 750 square feet or more.
(5)
Modifications to off-street parking and loading areas and structures.
(6)
All developments within a floodplain district.
(7)
Demolitions subject to a required demolition permit pursuant to § 115-12 of this Code, other than a demolition of an existing residential garage or residential accessory structure.
(8)
A change of use of existing space.
(9)
A Tier 2 battery energy storage system.
(10)
A site plan must be submitted for all applications to modify any previously approved site plan.
C.
A granted building permit shall expire by limitation if substantial work under said permit is not commenced within the three months from the date of said permit and/or if all exterior work, including fenced grading, is not completed within 12 months from the date of said permit.
D.
This provision shall also be included in any building permit application forms. The effect of this provision, however, may be waived by a written waiver executed by the Building Inspector of the Village of Lancaster in the case of unforeseen strikes, unusually large buildings or any other circumstances which said Building Inspector, in his sole discretion, determines to be beyond the control of the applicant.
E.
No building permit shall be issued unless the provisions of this chapter are complied with.
§ 350-56 Site plan review.
[Added 1-9-1978 by L.L. No. 1-1978; amended 1-22-2007 by L.L. No. 4-2007]
A.
The site plan shall be reviewed by the Planning Commission which, upon review and upon Planning Commission verification of compliance with all zoning requirements and, where applicable, Chapter 184, Historic Districts and Landmarks, including verification of any necessary approval of the Zoning Board of Appeals and the Historic Preservation Commission, shall make its recommendations to the Village Board. Approval, disapproval, or conditional approval shall be given by the Village Board. Village Board approval shall be deemed expired if the building permit associated with the site plan pursuant to § 350-55B is not obtained within two years from the date of Village Board approval. It is suggested that the site plan be reviewed, by the Planning Commission, in two separate stages:
[Amended 4-24-2017 by L.L. No. 1-2017; 11-14-2022 by L.L. No. 5-2022]
B.
The Planning Commission shall arrange that written notice of a site plan review by the Commission be mailed or otherwise delivered to all residential and commercial developed premises within 150 feet of the boundary lines of the premises which is the subject of the site plan review. Said written notice shall be mailed or delivered not later than 20 days prior to the site plan review and shall identify the subject premises, the date and place of the site plan review and the time of the meeting during which the site plan review has been scheduled. Adjournments or continuances of a site plan review to the date of a future meeting of the Planning Commission need not be noticed as aforesaid if the date of the adjournment or continuance is established during a meeting during which a site plan review of the subject premises was scheduled.
[Added 10-28-2013 by L.L. No. 6-2013[1]]
C.
[2]Subsection E(1) to (10) of the following site plan requirements constitutes the required information for the preliminary concept. The final site plan shall include all items under site plan requirements, where applicable.
[Amended 12-28-2009 by L.L. No. 7-2009]
D.
Site plan requirements shall include the following drawings, documents and information to be prepared by a licensed engineer, architect, landscape architect, surveyor or attorney, as appropriate:
(1)
Title of drawing, name of development, name of applicant, name and seal of person preparing drawing, North point and scale and date, to be included on all drawings.
(2)
Boundary survey.
(3)
Existing topography with a contour interval of not more than five feet.
(4)
Location of all existing watercourses, wooded areas, easements, rights-of-way, roads, railroads, canals, rivers, buildings, structures or any other physical feature directly on the site or beyond the site which would exert any impact on the proposed development.
(5)
Land use and zoning information regarding all contiguous and neighboring properties within 1,000 feet of the proposed development.
(6)
Soil characteristics, including extent and types of existing vegetation.
(7)
Location of existing and proposed utilities, including water, sanitary and storm sewer systems.
(8)
Location of existing and proposed streets, parking and service areas, access drives and bicycle and pedestrian ways within and immediately adjoining the site.
(9)
Location of proposed buildings and structures.
(10)
Location and proposed development of all open spaces, including parks, playgrounds, screen planting and other landscaping.
(11)
Drainage plan showing existing and proposed grade.
(12)
Water supply plan including location of hydrants.
(13)
Storm and sanitary sewerage plans, including locations, sizes and invert elevations of existing and proposed sanitary sewers and stormwater drains and the locations and sizes of all other underground utilities or structures.
(14)
Paving plans, including typical cross sections and profiles of proposed streets, pedestrian walkways and bikeways.
(15)
Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans and elevations.
(16)
A landscape plan indicating location, type and size of existing trees and vegetation, identifying those to be preserved, and location, type and size of trees, vegetation and other amenities to be provided.
(17)
Location and design of lighting facilities, fences, walls and signs.
(18)
Proposed easements, restrictions, covenants and provisions for home owners associations and common ownership.
(19)
Complete dimensioning, numbering systems for lots and buildings and other similar information not contained in preliminary drawings.
E.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 292, Part 1, and Chapter 350, Article XIII, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 350, Article XIII. The approved site plan shall be consistent with the provisions of Chapter 292, Part 1, and Chapter 350, Article XIII.
[Added 11-26-2007 by L.L. No. 14-2007]
§ 350-57 Certificate of zoning compliance.
A.
No permit for excavation for, or the erection or alteration of, or repairs to any building or other structure shall be issued until an application has been made for a certificate of zoning compliance.
B.
No land shall be occupied or used and no building or other structure hereafter erected, altered, extended, enlarged or restored shall be used or changed in use until a certificate of zoning compliance shall have been issued by the Building Inspector stating that the building, other structure or proposed use thereof complies with the provisions of this chapter.
C.
All applications for a certificate of zoning compliance shall be in writing, signed by the property owner or his duly authorized agent, on forms furnished by the Building Inspector, and shall contain the following information:
(1)
Nature and definite purpose of the building, other structure or use.
(2)
Description of the property and buildings or other structure thereon and to be placed thereon.
(3)
Statement of any restrictions by deed or other instrument of record.
(4)
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.
D.
Upon written request and application for a certificate of zoning compliance by the property owner or his duly authorized agent, the Building Inspector shall inspect any building, other structure or tract of land existing on the effective date of this chapter, and shall issue a certificate of zoning compliance therefor, certifying:
(1)
The use of the building, other structure or tract of land; and
(2)
Whether such use conforms to all the provisions of this chapter. However, no certificate of zoning compliance shall be issued if there are any pending violations of law or orders of the Building Inspector, the Board of Appeals or the Village Board.
E.
A certificate of zoning compliance shall be issued within 10 days after the erection, alteration or repairs shall have been approved as complying with the provisions of this chapter and shall void any previous certificate of zoning compliance for the same premises.
§ 350-58 Inspections.
The Building Inspector is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to comply with such order.
§ 350-59 Penalties for offenses.
A.
The violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $250 or the maximum fine allowable for such an offense under the laws of the State of New York.
B.
A person shall be subject to the penalties imposed by this section in any case where an order to remove any violation of any of the provisions of this chapter has been served by the Building Inspector upon the owner, general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or upon the architect, builder, contractor or anyone who commits or assists in any such violation and where such person shall fail to comply with such order within 10 days after the service thereof. Each week's continued violation shall constitute a separate additional violation and shall be punishable hereunder.
§ 350-60 Other remedies.
In addition to the foregoing remedies, the Village Board may institute any appropriate action or proceeding to prevent, correct or restrain any violation of this chapter.