Lancaster City Zoning Code
CHAPTER 1147
General Development Standards
1147.01 ACCESSORY DWELLING UNITS.
(a) Purpose. The purpose of the Accessory Dwelling Unit (ADU) regulations is to:
• Respond to changes in housing needs and increasing housing costs, while simultaneously respecting the curb appeal and scale of the dwelling units within the surrounding residential area; and
• Increase affordable housing options to vulnerable populations such as the elderly and persons with disabilities; and
• Support more efficient use of the existing housing stock and associated infrastructure; and
• Reduce the carbon footprint by allowing smaller dwelling units.
(b) Applicability. The standards apply to any residential District where ADUs are listed as a permitted - accessory use.
(1) Number. Only one ADU shall be permitted on a lot in the R-MD, RT and CBD Districts.
(2) Density. ADUs do not count toward the density calculations for the District in which they are located.
(3) Accessory Suite (Attached) ADU Standards: All Accessory Suite ADUs shall comply with the following general ADU design standards:
A. The primary dwelling in which the ADU is located shall be owner occupied.
B. An ADU may be no larger than eight hundred (800) square feet or the size of the primary dwelling unit, whichever is less.
C. ADU's shall be limited to residential uses including a minor home occupation and shall not be utilized for any other purpose.
D. One (1) additional parking space is required for the ADU.
E. No new entrances into the primary dwelling shall be created for the Accessory Suite ADU.
F. Any required fire escapes or exterior stairs for access to an upper-level Accessory Suite ADU shall not be located along the front façade of the primary dwelling.
(c) Detached ADU: Detached ADU's shall be prohibited.
(Ord. 15-23. Passed 8-14-23.)
1147.02 ACCESSORY USES AND STRUCTURES.
(a) Applicability. These standards shall apply to all Accessory Structures as defined in Chapter 1161
.
(b) Location. All accessory structures shall be located to the side or rear of the principal structure. In no case, shall an accessory structure be located nearer to the front lot line than the principal building.
(c) Accessory structures may encroach a required side or rear yard setback as follows:
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*If a side or rear yard abuts an alley, an accessory structure must be setback a minimum of twenty (20) feet from the alley.
(d) An accessory structure shall not be located closer than five (5) feet from the principal building or any other accessory structure.
(e) Height.
(1) Accessory structures located in the AG, RE, R-LD, R-MD, RT, MHC and RM Districts shall not exceed eighteen (18) feet.
(2) Accessory structures located in the CBD and CN Districts shall not exceed twenty-five (25) feet.
(3) Accessory structure located in the CG, SI and AM Districts shall not exceed the height of the principal building.
(f) Size.
(1) In the AG, RE, R-LD, R-MD, MHC and TR Districts, the cumulative area of all accessory structures shall not exceed eight hundred (800) square feet or ten percent (10%) of the lot area, whichever is smaller. In any District, if ten percent (10%) of the lot size is less than five hundred eighty (580) square feet, the lot shall be permitted to have one (1) accessory structure up to five hundred eighty (580) square feet in area.
(2) In the RM District, a lot containing one or more multi-unit residential building(s) may have accessory structures devoted to each unit (i.e., detached garage) or may have one (1) or more larger structures accessible to all units (i.e., club house). The cumulative maximum size of all accessory structures on a lot shall be calculated on a rate of two hundred ninety (290) square feet of accessory structure per residential unit on said lot.
(3) CDB and CN District, the cumulative area of all accessory structures shall not exceed one thousand (1,000) square feet or ten percent (10%) of the lot area, whichever is smaller.
(4) There is no maximum cumulative square footage of accessory structures in the CB, SI and AM Districts, but in no may the total square footage of all accessory structures exceed the size of the principal building.
(g) Accessory Commercial Uses in the RM District. Any commercial use allowed in the RM District shall be considered an accessory use and shall be designed and located for the convenience of the occupants of the multi-unit structure. Said accessory use shall be located entirely within such structure with exterior public entrance(s) solely from the lobby of the structure and shall occupy not more than ten percent (10%) of the gross floor area of the multi-unit structure. (Ord. 15-23. Passed 8-14-23.)
1147.03 ARCHITECTURAL REQUIREMENTS.
(a) Purpose. These requirements are designed to increase the quality of neighborhoods and commercial centers, to promote positive architectural appearance within the city, to encourage design flexibility and creativity, and to establish an interesting, aesthetically pleasing built environment. It is also the intent of this section to promote durable, quality materials that will allow neighborhoods and commercial centers to endure and mature for future generations in the City.
(b) Applicability.
(2) Any house, multi-unit dwelling, or non-residential structure constructed within a Planned Unit Development approved after the effective date of this section shall comply with these requirements. Substitute residential appearance requirements may be applied in lieu of these standards as approved in the Planned Unit Development Zoning text approved by Council.
(3) Exemptions: These regulations shall not apply to:
A. Any house, multi-unit dwelling or other structure proposed to be constructed on a lot that is a part of a PUD approved by City Council prior to the effective date of this section.
B. Any structure constructed prior to the effective date of this section.
C. The addition or modification to any structure existing prior to the effective date of this section.
D. Structures located within the Historic Overlay District.
E. Accessory structures.
(4) Infill Housing: The City acknowledges the importance of infill housing and aims for it to adhere to design standards, while also granting the city planner the authority to waive any such requirement in case where the proposed standard fails to harmonize with the prevailing character of the existing neighborhood. Any decision of the City Planner can be appealed to the Board of Zoning Appeals in accordance with Section 1157.07
of this Ordinance.
(c) Residential Architectural Requirements. For purposes of this section, one-unit dwellings, duplexes and triplexes will be referred to as a "house". Unless otherwise exempted in Section 1147.03
(b)(3), the following requirements apply to all new houses in any District:
(1) Building Materials. Street facing facades shall be comprised of a minimum of thirty-five percent (35%) of the following materials: brick, stone, cultured or cast stone, wood board and batten, wood shake, or fiber cement. Windows, doors and attached garage doors shall be excluded in the calculations for determining minimum natural materials percentages on front facades.
All vinyl material that is permitted on a house must have a minimum thickness of forty-four (44) mils and must be applied over minimum one-half (1/2) inch thick oriented strand board or plywood.
(2) Shutter and Trim. Shutters or trim shall be required on all the single and double-wide windows on all street facing facades. Shutters shall be full height and at least one-half the width of the single or one-quarter the width of the double window. When trim is utilized in lieu of shutters, the trim shall include either a top and bottom finish of soldier course, rowlock, lintel or sill; or a minimum three and one-half (3 ½)-inch board around all sides of the window.
(3) Roof Pitch.
Houses. The main architectural roof of a house must have a minimum 6:12 pitch. Flat roofs may be permitted, but not as the main architectural roof. Dormers, porches, and other similar secondary architectural features may have roofs with a minimum 4:12 pitch. The roof shall have a minimum eight (8) inch overhangs on all sides.
(4) Design Elements. Blank walls facing a public right-of-way shall be prohibited. All street facing facades must contain at least three design elements, in any combination. Design elements include any of the following:
• A door of at least seventeen (17) square feet in area
• A window of at least six (6) square feet in area. Windows with a horizontal separation of less than ten (10) feet shall be considered as one (1) design element. Sets of adjacent windows shall be considered as one (1) design element.
• A chimney
• A Portico
• Dormer
• A gable vent of at least four (4) square feet in area
• Porches, decks or similar structures
• Water table
Design elements do not include side of porches, rooflines, or interior chimneys.
(5) Garages. Garage door openings totaling eighteen (18) feet in width or less shall not make up more than forty-two percent (42%) of the linear distance of the front elevation nor project more than twelve (12) feet from the adjacent vertical wall plane. Garage door openings totaling more than eighteen (18) feet to thirty-six (36) feet in width shall not make up more than forty-five percent (45%) of the linear distance of the front elevation nor project more than ten (10) feet from the adjacent vertical wall plane. For purposes of this section, a covered porch shall be considered a vertical wall plane, whereas an open uncovered porches shall not be considered a vertical wall plane.
(d) Multi-Unit Dwellings, Mixed-Use Buildings and Non-Residential Structures. Unless otherwise exempted in Section 1147.03
(b)(3), the following requirements apply to all new multi-family dwellings, mixed-use buildings and non-residential structures located within any District, except the SI and AM Districts.
(1) Blank walls shall not be permitted. There shall be a minimum of three design elements for every one hundred (100) feet of elevation width for any street facing elevation and a minimum of two (2) design elements for every one hundred (100) feet of elevation for each side and rear elevation that does not face a public right-of-way.
(2) Typical design elements are as follows:
A door of at least twenty-eight (28) square feet in area with an awning, window, faux window or other feature subject to approval by the City Planner or designee, as applicable;
• A window of at least six (6) square feet in area. Windows closer than ten (10) feet shall be considered as one (1) element. A set of adjacent windows, such as double or bay windows, shall be considered one element;
• Portico;
• Dormers;
• Projecting canopy;
• Masonry water table;
• Trellis containing plantings;
• A gabled vent of at least four (4) square feet in area;
• Patio, deck, or similar feature; or
• A similar significant permanent architectural feature consistent with the style of the building upon approval of the City Planner or designee.
(3) All elevations shall have similar style, materials, colors and details.
(4) Façade Appearance. A building frontage that exceeds a width of fifty (50) feet shall incorporate sectioning and offset of the wall plane to inhibit a large expanse of blank wall and add interest to the façade. Such offsets may be met through the use of bay windows, porches, porticos, building extensions, gables, dormers, or other architectural treatments.
(5) Materials.
Predominant Materials. All exterior walls shall be comprised of eighty percent (80%) natural materials or of synthetic materials that the city has deemed to mimic the look of natural materials. This permitted list of materials includes only the following: brick, stone, cultured or cast stone, E.I.F.S., wood, or fiber cement. Foundations must be clad with the same natural material utilized on building to blend with the overall architecture of the structure. Exposed cement block or split face block foundations shall be prohibited.
As technology evolves, newer synthetic materials, that did not exist at the time of the adoption of this Article, may be created and may mimic the look of the natural materials required within this Section. The City Planner or designee may approve the use of a newer material under the following conditions:
• The manufacturing of said material did not exist at the time of adoption of this section; and
• The City Planner or designee determines that said material provides a substantially similar appearance to the natural materials required by this section.
Accent Materials. Fiber cement, E.I.F.S., and like materials may be used as accents provided the total square footage of accent material does not exceed twenty (20) percent of the gross exterior building wall square footage. Other natural materials may also be incorporated into the building's exterior design. Vinyl and/or aluminum shall be prohibited except when used for trim details such as downspouts, soffits, gutters, and shutters.
(6) Glass. The use of black, gold, green, silver, opaque or any other reflective or colored glass on a building is prohibited.
(7) Roofing. All single-story buildings shall have a pitched roof. Multi-story buildings may be permitted to have flat roofs. When pitched roofs are utilized, they shall be constructed of dimensional shingles, standing seam metal, slate, or simulated slate.
(8) In-Line Retail Exemption. Side or rear elevations of an in-line retail development may be exempt from the building design standards of these regulations if such elevations are not visible to customer traffic, a public right-of-way, or if a future phase of the in-line retail development is forthcoming adjacent to the elevation. Such exempt elevations shall use materials complimentary to the primary elevation and be screened by landscaping, mounding fencing, or a combination thereof, as deemed appropriate by the City Planner or designee.
(9) Drive Thru Features. When a drive thru is permitted, it shall be designed as an integral part of the structure it serves. Features incorporated with a drive thru including, but not limited to, canopies, awning, and support posts shall match the materials and color scheme of the building they are serving. Drive thru features shall not have any pickup windows, ordering areas, signage, or other related items located on the front elevation of a building or located between the building and a street right-of-way.
(e) Buildings Within The SI and AM Districts. Unless otherwise exempted in Section 1147.03
(b)(3), the following requirements apply to all new structures located within in the SI and AM District:
(1) Façade. Sides of building visible from a public right-of-way shall be broken up with architectural design elements, landscaping, or a combination thereof.
(2) Use of Color. Earth tones, muted hues, and natural tones are permitted as a structure's base color. Brighter hues are permitted only as an accent feature on building elements such as awnings, doors, and trim. A mixed color palette on a single building should be carefully selected so all colors harmonize with each other.
(3) Glass. The use of black, gold, green, silver, opaque or any other reflective or colored glass on a building is prohibited. Frosted glass may be permitted in some cases, subject to approval of the Planning Commission.
(Ord. 15-23. Passed 8-14-23.)
1147.04 COMMUNITY GARDENS.
When Community Gardens are listed as a Permitted Use in a Zoning District, they shall be prohibited within the right-of-way and a required front setback. Any shed, storage container or other similar structure associated with a community garden shall be considered an accessory structure and shall comply with the requirements in Section 1147.02.
(Ord. 15-23. Passed 8-14-23.)
1147.05 FENCES AND WALLS.
Fences are not required to obtain a permit, but all fences in the AG, RE, R-LD, R-MD, and TR Districts shall not exceed four (4) feet when located forward of the front plane of the house and eight (8) feet when located to the side and rear of the house. No fence shall be permitted within the right-of-way and must comply with the Visibility at Intersection requirements in Section 1147.16.
Fences or walls containing barbed wire or charged with electrical current are prohibited. unless such fences or walls are in the AG District and solely used for the enclosure of livestock.
(Ord. 15-23. Passed 8-14-23.)
1147.06 FOOD TRUCKS.
(a) Purpose. The intent of these regulations is to create an entrepreneurial opportunity for the food industry by providing creative opportunities outside of the traditional brick and mortar restaurants while controlling potential impacts such as traffic, food safety and compatibility with the surrounding areas. The City of Lancaster understands the importance of these startup businesses and the economic benefits they provide by creating additional foot traffic to better support surrounding businesses. These regulations have been crafted to ensure that Food Trucks are properly integrated into the overall existing or future streetscape designs of the surrounding area. It is further the purpose of these regulations to limit the time frame for food trucks to allow ample time for business incubation but also discourage them from becoming permanent fixtures.
(b) Applicability.
(1) These standards apply to all food trucks that are located on private property within any District that allows restaurant uses. Food trucks shall comply with the requirements of this section.
(2) Food trucks located within the public right-of-way shall be governed by a Right-of-Way Permit and are not subject to this Zoning Code.
(c) All Food Trucks when located on private property must comply with the following regulations:
(1) Food trucks shall be lit with existing and available site lighting. No additional exterior lighting shall be permitted. Lighting inside the food truck for the purpose of inside food preparation and menu illumination may be permitted. There shall be no light trespass or additional glare onto adjacent properties. Flashing lights shall be prohibited.
(2) No signs shall be permitted except as follows:
A. Signs directly painted or applied directly onto the food truck shall be permitted.
B. One small temporary sign that does not exceed eight (8) square feet.
(3) The selling of alcohol shall be prohibited.
(4) There shall be one (1) trash receptacle for use by patrons and placed a convenient location that does not impede pedestrian or vehicular traffic. Trash must be removed daily from the site.
(5) The food truck shall be located on an entirely paved, level parking lot to enhance the safety of pedestrians and patrons.
(6) All equipment and storage associated with and required for the operations of the food truck, except for the trash receptacles required in this Section, shall be located on or within the Food Truck. This includes any generators.
(7) There shall be no furniture, umbrellas, or other objects outside of the food truck. Any proposed furniture or umbrellas shall be subject to the outdoor dining standards of the applicable District in addition to these regulations.
(8) The food truck shall have access to water (i.e., water tank, connection to central water line, etc.) and electricity (generator, connection to utility lines, etc.) and such services shall be located in a manner that does not create a safety hazard to employees, patrons, or pedestrians.
(9) When a food truck is proposed to be located within five hundred (500) feet of an existing single family dwelling unit, operations of said food truck are limited to 10:30 a.m. to 3:30 p.m. daily. The operations of food trucks in all other locations shall be limited to 6:00 a.m. to 9:00 p.m. Sunday - Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday.
(10) There shall not be obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to or from any business, public building, the remainder of the parking area or adjacent public right-of-way.
(11) There shall be no restriction of the visibility area sight distance at any driveway or intersection.
(12) The food truck may only operate in the location approved on the site plan for the Zoning Clearance Permit and may not be moved to any other location on the property or to a different property within the City of Lancaster without first receiving a new Zoning Clearance Permit.
(13) Each food truck shall have a minimum thirty-five (35) by fifteen (15)-foot area. Any food truck that exceeds twenty-seven (27) feet in length shall have a minimum seventy (70) by fifteen (15) feet area. In no case shall the combined area of all food trucks permitted on one lot exceed twenty-five percent of the lot area.
(14) The applicant, if not the owner of the property, shall provide written permission from the property owner to utilize the property for a food truck.
(15) The food truck shall pass a fire safety inspection.
(17) If the food truck complies with all of the above standards, a Food Truck Permit may be issued for up to thirty (30) consecutive days on a property within any sixty (60) consecutive calendar days.
(d) Exemptions. Food Trucks are exempt from obtaining a Food Truck Permit when:
(1) It is parked in one location for a period of less than eight (8) hours; or
(2) It operates exclusively as a subset of a City approved Special Event, within the approved areas and time frames. The City may increase the maximum number of food trucks allowed for one (1) lot for City approved Special Events. (Ord. 15-23. Passed 8-14-23.)
1147.07 HOME OCCUPATIONS.
A Home Occupation shall be conducted entirely within a dwelling unit and shall be clearly subordinate to the use of the dwelling unit. Home occupations shall not be conducted within accessory structures, such as garages or sheds.
(a) The following regulations apply to all home occupations:
(1) The appearance of the dwelling unit in which a home occupation is conducted shall not be altered or the occupation within the dwelling shall not be conducted in a manner which would cause the premises to differ from its surrounding character either by colors, materials, construction, or lighting.
(2) The home occupation shall not generate traffic greater in volume than normal for the subarea.
(3) The home occupation shall not involve delivery trucks other than normal parcel delivery services.
(4) No equipment or processes shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses on the lot. No equipment or processes shall be used which creates visual, audible, or electrical interference in any radio or television receiver or computer terminal off the premises or causes fluctuations in voltage off the premises.
(5) There shall be no employees of the minor home occupation other than a person or person(s) who are residents of the dwelling unit in which the home occupation is conducted.
(6) Home occupations shall not be conducted within accessory structures, such as garages or sheds.
(7) There shall be no signs associated with the minor home occupation.
(8) The minor home occupation shall not occupy more than twenty percent (20%) of the livable floor area of the dwelling unit.
(9) There is no permit required for a minor home occupation.
(Ord. 15-23. Passed 8-14-23.)
1147.08 LIGHTING.
(a) Exterior lighting shall comply with these standards unless otherwise specified in this code.
(b) Exemptions.
(1) All exterior lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps are exempt from the requirements of this section.
(2) Holiday lighting shall be exempt from the requirements of this section.
(3) All temporary emergency lighting needed by the police, fire department, other emergency service vehicles, and public service vehicles, as well as all vehicular luminaries, shall be exempt from the requirements of this section including flashing or blinking lights.
(4) Streetlights shall be exempt from the provisions of this section.
(c) Prohibited Lighting. Search lights, beacons, laser source lights, or any similar high-intensity or flashing lights are prohibited, except in emergencies by police and/or fire department personnel.
(d) Types of Fixtures. All light fixtures shall be full cut-off type fixtures except for decorative light fixtures.
Full cutoff fixtures qualify with a cutoff angle equal to or less than ninety (90) degrees with no light projecting skyward.
(e) Fixture Height.
(1) The fixture height in parking lots shall not exceed 20 feet.
(2) Lighting located under canopies shall be flush mounted or recessed within the canopy.
(3) Fixture height shall be measured from the finished grade to the topmost point of the fixture.
(f) Kelvin Temperature. The color temperature for all lights shall not exceed 4,000K.
(g) Exterior lighting shall be designed and located to have the following maximum illumination levels. The levels shall be measured at the finished grade at the lot line as demonstrated by a lighting plan:
(1) The maximum illumination at a lot line that abuts a lot within an existing residential use or is zoned or designated for residential uses shall be 0.3 foot-candles.
(2) The maximum illumination at a lot line that abuts any other use shall be one (1) foot candles.
(3) The maximum illumination at a lot line for properties used for outdoor sports and recreation shall be reviewed for compliance with regard to the intent of these guidelines to minimize the impact of light trespass and glare on all surrounding properties and public rights-of-way.
The illumination across any property shall be designed to not create excessive dark spots that may create safety issues.
(h) Automobile Oriented Uses - Canopy Lighting. Automobile Oriented Use canopy lighting must be recessed within the canopy and use an opaque shield around the sides of the light.
(Ord. 15-23. Passed 8-14-23.)
1147.09 PORTABLE STORAGE UNITS AND ROLL-OFF CONTAINERS.
(a) Portable Home Storage Units and Roll-Off Containers shall be permitted within any residential District, provided the following regulations are met. A Zoning Clearance Permit shall be obtained for any portable home storage unit or roll-off container.
(1) Portable home storage and roll-off containers shall be prohibited from being located within any right-of-way.
(2) Portable home storage units and roll-off containers shall be kept in the driveway of the property at the furthest accessible point from the street.
(3) Only two (2) portable home storage units or one (1) roll-off container shall be permitted on any residential property at any one time.
(4) Portable home storage units shall be permitted for thirty (30) consecutive calendar-days within any 365 calendar-day period.
(5) Roll-off containers shall be permitted for three (3) consecutive calendar months within any 365 calendar-day period.
(6) The City Planner may grant a one-time extension of up to thirty (30) consecutive calendar days. Any additional extensions would require action by the Board of Zoning Appeals, which would be processed as a variance from these regulations.
(7) Portable home storage units and roll-off containers shall not be utilized for living purposes.
(Ord. 15-23. Passed 8-14-23.)
1147.10 PRIVATE SWIMMING POOLS, HOT TUBS AND SPAS.
No private swimming pool, exclusive of storable swimming pools, shall be allowed in any residential District unless the following conditions and requirements are complied with.
A Zoning Clearance Permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or their agent, shall certify that the pool will be constructed, installed, and maintained in conformance with the requirements below:
(a) Shall meet the requirements established in the 2009 International Residential Code ("IRC") Appendix G Swimming Pools, Spas and Hot Tubs.
(b) The pool is intended to be used solely for the occupants of the principal use of the property on which it is located.
(c) No pool of any kind (including storable swimming pools), including any walks, paved areas, and appurtenances thereto, shall not be in any front yard, nor closer than five (5) feet from any side or rear yard including corner lots or any other structure.
(d) The area of the swimming pool, spa, or hot tub, exclusive of decks, walks and other appurtenances, shall not exceed ten percent (10%) of the area of the lot or parcel.
(e) Any private swimming pool, spa or hot tub, or the property on which the pool, spa or hot tub is located, shall be enclosed by a wall or fence constructed to prevent uncontrolled access. Such wall or fence shall meet the requirements established by the 2009 IRC Appendix G AG105 and maintained in good condition.
(f) All lights used for the illumination of the swimming pool, spa or hot tub and adjacent areas shall be designed, located, and installed so as to confine the direct beams thereof to the lot or parcel in which the swimming pool, spa or hot tub is located. (Ord. 15-23. Passed 8-14-23.)
1147.11 RECREATIONAL VEHICLES.
Recreational Vehicles. Residents shall be permitted to park a recreational vehicle on a lot in any Zoning District which permits one or two dwelling units, provided the following criteria are met:
(a) There shall be a maximum of one (1) recreational vehicle per dwelling unit permitted on said lot. For purposes of this Ordinance, a boat stored on a boat trailer is considered one (1) recreational vehicle. Said recreational vehicle shall not exceed thirty (30) feet in length, nine (9) feet in width, and twelve (12) feet in height.
(b) Said vehicles shall be parked on a paved surface and shall not be parked in the grass or on any other unpaved surface.
(c) Said vehicle shall be parked no closer than three (3) feet from any side property line.
(d) Said vehicle shall not be located forward of the front plane of the main dwelling, except however, the recreational vehicle may be parked on the paved driveway in front of the main dwelling for a period not to exceed forty-eight (48) hours for loading and unloading. In no case shall said recreational vehicle be parked, stored, or displayed for sale in a manner that blocks any sidewalk or obstructs sight lines for any vehicle entering or exiting the right-of-way.
(e) In no case, shall a recreational vehicle be utilized for living, sleeping, housekeeping, business, or storage purposes.
(Ord. 15-23. Passed 8-14-23.)
1147.12 RESERVED FOR FUTURE USE.
1147.13 SOLAR ENERGY SYSTEMS.
(a) Establishment and Purpose. The purpose of this article is to provide a regulatory framework for the installation and construction of solar energy systems (SES) in the City of Lancaster, subject to reasonable restrictions, which will preserve the public health, safety, and welfare, while also maintaining the character of the City of Lancaster. This section applies to SES to be installed and constructed on any property in any Zoning District.
(b) Solar Energy Systems in the Historic District. Solar energy systems in the Historic Lancaster District shall receive a Certificate of Appropriateness from the Historic Lancaster Commission prior to Zoning approval. The process for applying for a Certificate of Appropriateness can be found in Section 1327.09
of this code. These SES shall be designed, sized, and located to minimize their effect on the character of a historic building and/or property by observing the following:
(1) Place SES to avoid obscuring significant features or adversely affecting the perception of the overall character of the property.
(2) Minimize visual impacts by locating the SES so that there is no visibility of the SES from the front of the historic building or structure.
(3) When applicable, the SES should be installed on an addition or secondary structure.
(4) Use the least invasive method feasible to attach the SES to a historic roof such that it avoids damage to significant features and historic materials and can be removed and the original character easily restored.
(5) Additionally, the SES shall comply with all applicable criteria in Section 1327.10
of this code.
(c) Roof-Mounted and Integrated Solar Energy System Standards.
(1) Roof-mounted and integrated SES shall be considered an accessory use and permitted by right within all Districts if mounted to an existing structure subject to the standards for accessory uses in the applicable Zoning District and the specific criteria set forth in this code.
(2) All SES are subject to the requirements of Section 1147.02
of this code and must comply with all bulk and area requirements for the corresponding Zoning District.
(3) On a pitched/sloped roof, the SES shall be installed parallel to the roof surface and shall not extend beyond the roof peak or roof edge.
(4) On a flat roof, the SES is permitted to exceed the respective Zoning District height limit by up to five (5) feet.
(5) Screening shall not be required for roof-mounted or integrated SES.
(d) Ground-Mounted Solar Energy System Standards.
(1) The City of Lancaster allows for the development of commercial or utility-scale solar energy systems where such systems present few land-use conflicts with current and future development patterns. Ground-mounted SES that are the principal use on the development lot or lots are special exceptions in selected Zoning Districts.
(2) Ground-mounted SES shall not be taller than the height requirements for the underlying Zoning District in which they are located.
(3) No ground-mounted SES shall be located within the front yard.
(4) Ground-mounted SES shall meet the required setbacks of the underlying Zoning District in which they are located. Setbacks shall be the same as what is required for accessory buildings in the underlying Zoning District in which they are located.
(5) All ground-mounted SES shall adhere to the bulk and area requirements for the underlying Zoning District in which they are located. Additionally, accessory ground-mounted SESs are subject to the requirements of Section 1147.02
of this code.
(6) Accessory ground-mounted SES shall not be included in total ground floor area calculations.
(7) Power transmission lines, not including lines that connect one panel to another or from the project to the main transmission lines, from ground-mounted SESs must be underground and must be completely shielded against shock hazards.
(8) For primary use SES, parking areas are exempt from the off-street parking regulations but must still meet the required setbacks in the underlying Zoning District and the landscaping requirements.
(9) An owner of a ground-mounted SES site shall follow site management practices that (1) provide diverse native perennial vegetation and foraging habitat beneficial to pollinators, and (2) reduce stormwater runoff and erosion at the solar generation site at a rate of one (1) square foot of plantings for each one (1) square foot of panels.
A. A landscape plan shall be submitted showing the proposed layout and types of plantings for the site. A list of native perennial vegetation may be found in Section 1147.13
(g) of this code. Other low-growing meadow/prairie plants and native or flowering perennials may also be approved.
(e) The SES Matrices below identify the types of SES allowed in each District, or if a special exception is required. Certain SES may be prohibited in certain Zoning Districts.
Solar Energy System (SES) Matrix 1 | |||||||
Use District | Agriculture (AG) | Central Business District (CBD) | RE, R-LD, R-MD, RT | RM | Mobile Home Community (MHC) | ||
Accessory Use | |||||||
Integrated SES | P | P | P | P | P | ||
Roof Mounted SES | P | P | P | P | P | ||
Ground Mounted SES | |||||||
Small Scale SES (1-5 ac) | P | SE | P | P | P | ||
Intermediate Scale SES (5-15 ac) | P | SE | SE | SE | |||
Large Scale SES (15+ ac) | P | SE | SE | SE | |||
Primary Use | |||||||
Integrated SES | |||||||
Roof Mounted SES | |||||||
Ground Mounted SES | |||||||
Small Scale SES (1-5 ac) | SE | ||||||
Intermediate Scale SES (5-15 ac) | SE | ||||||
Large Scale SES (15+ ac) | SE | ||||||
P: Permitted use. The SES is allowed in this District. | |||||||
SE: Special exception use. Applicant must be granted permission to install an SES in this District. | |||||||
Blank ( ): Prohibited. The SES is prohibited in this District or is not applicable. | |||||||
Solar Energy System (SES) Matrix 2 | ||||||
Use District | CG | CN | SI | AM | ||
Accessory Use | ||||||
Integrated SES | P | P | P | P | ||
Roof Mounted SES | P | P | P | P | ||
Ground Mounted SES | ||||||
Small Scale SES (>1-5 ac) | P | P | P | P | ||
Intermediate Scale SES (5-15 ac) | SE | SE | P | P | ||
Large Scale SES (15+ ac) | SE | SE | SE | SE | ||
Primary Use | ||||||
Integrated SES | - | |||||
Roof Mounted SES | - | |||||
Ground Mounted SES | ||||||
Small Scale SES (1-5 ac) | SE | SE | SE | SE | ||
Intermediate Scale SES (5-15 ac) | SE | |||||
Large Scale SES (15+ ac) | ||||||
P: Permitted use. The SES is allowed in this District. | ||||||
SE: Special exception use. Applicant must be granted permission to install an SES in this District. | ||||||
Blank (-) Prohibited. The SES is prohibited in this District or is not applicable. | ||||||
(f) Removal and Decommissioning.
(1) The owner, operator, or successors in interest shall remove any ground-mounted SES that ceases to perform its intended function for more than twelve (12) consecutive months, or which has reached the end of its useful life or has been abandoned at the owner or operator's expense.
(2) The former SES site shall be restored to as natural condition as possible within six (6) months of the removal.
(g) Solar Vegetation.
Native Perennial Vegetation for Ground-Mounted Solar
___________________________________________________________________________
Flowering Plants
• Aster
• Bee Balm
• Black-eyed Susan
• Blue-Eyed Grass
• Blue False Indigo
• Butterfly Weed
• Cardinal Flower
• Giant Catmint
• Golden Alexander
• Gray-Headed Coneflower
• Heath Aster
• Jerusalem Artichoke
• Lanceleaf Coreopsis
• Lavender/Anise Hyssop
• Prairie Dock/Rosinweed
• Milkweed
• Mountain Mint
• Nodding Onion
• Obedient Plant
• Ohio Goldenrod
• Ohio Spiderwort
• Prairie Blazing Star
• Purple Coneflower
• Purple Prairie Clover
• Rough Blazing Star
• Shooting star
• Showy Goldenrod
• Sky Blue Aster
• Smooth Aster
• Smooth Penstemon
• Stiff Goldenrod
• White Prairie Clover
• Wild Bergamot
• Wild Geranium
• Wild Quinine
Grasses & Sedges
• Blue Grama
• Little Bluestem
• Prairie Dropseed
• Sideoats Grama
(Ord. 15-23. Passed 8-14-23.)
1147.14 TEMPORARY CONSTRUCTION TRAILERS/OFFICES.
(a) Temporary Construction Trailers/Offices. Temporary construction trailers/offices may be permitted in any District during the construction of building(s) and site improvements provided the following regulations are met. A Zoning Clearance Permit shall be obtained prior to installing and utilizing the temporary construction trailer/office.
(1) The temporary trailer/office shall be prohibited from being located in the right-of-way and shall be setback a minimum of ten (10) feet from the right-of-way line.
(2) In all Districts, except the AM, the temporary trailer/office shall only be permitted for a period of two (2) years in any calendar year. If additional time is necessary due to a delay in construction, the applicant shall seek an extension from the Board of Zoning Appeals. Due to the intensity of use and length of construction time for sites within the AM District, this time frame does not apply to temporary construction trailers/offices in the AM District. (Ord. 15-23. Passed 8-14-23.)
1147.15 TEMPORARY TENTS.
(a) Temporary tents shall be considered as an accessory use in the CN, CB, CBD, SI and AM Districts when retail sales are a principal use as so specified by this chapter. Tents used for festivals, fairs and carnivals for a maximum of fifteen (15) days are exempt from application. The applicant requesting use of such tents shall submit evidence that the following standards will be met.
(1) Tent(s) on a lot or contiguous lot in the same ownership shall have an aggregate floor area of not more than seven hundred (700) square feet.
(2) Tent(s) erected shall meet the requirements of the Ohio Building Code.
(3) Tent(s) may not be erected for more than eighty-nine (89) days during any calendar year except when special exception permit is granted by the Board of Zoning Appeals.
(4) Tent(s) shall not cover or restrict access to any required parking space.
(5) Any tent that is two hundred (200) square feet or larger require a fire safety inspection.
(6) Tent(s) permitted under this section shall not be utilized for living purposes.
(Ord. 15-23. Passed 8-14-23.)
1147.16 VISIBILITY AT INTERSECTIONS.
(a) There shall be sight triangle established at every intersection of two (2) public rights-of-way. The sight triangle is the triangular area where two (2) streets intersect, bounded by the edge of the street and a line joining the points on the rights-of-way from their point of intersection for a distance equal to half the width of each street right-of-way. The vision triangle shall be measured along the right-of-way within the boundaries of the property.
(b) Visibility Maintained. There shall be no visual obstructions within the defined sight triangle. A visual obstruction is any object between the height of no more than three (3) feet measured relative to the elevation to the nearest pavement crown. This is based on a driver eye height of three feet (based on the American Association of State Highway and Transportation Official standards). Overhanging branches or other elevated obstructions shall not be any lower than ten (10) feet measured relative to the elevation of the nearest pavement crown.
Example where right-of-way = lot line
Example where lot line is the centerline of the road:
(Ord. 15-23. Passed 8-14-23.)