Lancaster City Zoning Code
CHAPTER 1123
Zoning Districts Established - Similar Uses - Rules of Measurement
1123.01 ZONING AND OVERLAY ZONING DISTRICTS ESTABLISHED
The Zoning Districts and Overlay Zoning Districts set forth below are hereby established:
AG Agriculture District
RE Residential Single-Family Estate District
R-LD - Residential Low-Density District
R- MD - Medium Density Residential District
MHC - Mobile Home Community
RT - Transitional Residential District
RM - Residential Multi-Family District
CN Commercial Neighborhood District
CG Commercial General District
CBD Central Business District
SI - Service Industrial District
AM - Advanced Manufacturing District
PUD Planned Unit Development (Overlay Zoning District)
HP Historic Preservation District (Overlay Zoning District)
WH Wellhead Protection District (Overlay Zoning District)
FP Flood Plain District (Overlay Zoning District)
CRA-3 Community Reinvestment Arca 3 (Overlay Zoning District)
(Ord. 15-23. Passed 8-14-23.)
1123.02 OFFICIAL ZONING MAP ESTABLISHED
The locations and boundaries of the various Districts as defined herein shall be established by ordinance and shall be shown and delineated on the Official Zoning Map of the City of Lancaster. The Official Zoning Map shall be maintained by the Planning Department of the City of Lancaster, and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the Official Zoning Map or for any reference to the Official Zoning Map.
(Ord. 15-23. Passed 8-14-23.)
1123.03 DISTRICT BOUNDARY DESCRIPTION AND INTERPRETATION
District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the Official Zoning Map. When a map is used, District boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting street, alley, or railroad rights-of-way, as the same were of record at the time of adoption. In all cases where there is doubt as to the exact location of District boundary lines, the same shall be determined by the Board of Zoning Appeals.
(Ord. 15-23. Passed 8-14-23.)
1123.04 LIMITATION ON LAND USE
No person, firm or corporation shall use or permit to be used any land or buildings, nor shall any person, firm or corporation make, erect, construct, move, alter, enlarge or rebuild or permit the making, erection, construction, moving, altering, enlarging or rebuilding of any building, structure or improvement, which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, setback, and other requirements established in the District in which such land, building, structure or improvement is located, except as provided by Chapter 1153
, Nonconformities. Nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building, lot or use, where a Zoning Clearance Permit has been lawfully issued prior to the effective date of this Code, and pursuant to such permit, construction or the use is diligently carried to completion. Upon completion, such building or use shall be deemed legally non-conforming and may continue as regulated by Chapter 1153
, Nonconformities.
(Ord. 15-23. Passed 8-14-23.)
1123.05 SIMILAR USES
(a) On occasion, new uses of land may arise that may have not been contemplated at the time of the code's adoption. This section sets forth a process to identify the location for such uses. Since this action is an interpretation matter, the Board of Zoning Appeals shall be the body designated for determining similar uses. Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the District and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that District.
(b) Applications for Zoning Clearance Permits for uses not specifically listed in the permitted building or use classifications of the Zoning District, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the City Planner or designee. Three (3) copies and one (1) digital pdf copy of a completed application shall be submitted. The following information shall be included in the application:
(1) Name, address, phone number and email of the applicant; and
(2) The address and parcel number of the address in question; and
(3) If the applicant is not the owner of the property, a signed letter from the property owner shall be submitted authorizing the applicant to serve as their agent for the application; and
(4) Legal description of the property; and
(5) The existing Zoning District in which the property is located; and
(6) A vicinity map drawn at a suitable scale, showing property lines, streets, existing Zoning of surrounding parcels adjacent to and within two hundred (200) feet; and
(7) The names and addresses of all property owners within one hundred (100) feet of the subject property as appearing on the County Auditor's current tax list.
(8) A site plan that shows:
A. The lot(s) where the use is proposed; and
B. Any existing and/or proposed buildings; and
C. The square footage of the proposed use.
(9) A narrative explaining:
A. A description of the proposed use; and
(c) Within sixty (60) days after such submittal, the Board of Zoning Appeals shall determine whether the requested use is similar to those uses permitted in the specific District. In order to find that a use is similar, the Board of Zoning Appeals shall find that all of the following conditions exist:
(1) Such use is not listed as a permitted use or Special Exception in another Zoning District.
(2) Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
(3) Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to added.
(d) The notice requirements in Section 1157.05
for variances and appeals shall be utilized for a public hearing on a similar use.
(e) If the Board takes action to approve a use as a "similar use" in particular District, then said use will become a permitted or special exceptions within said District, as determined by the Board, until such time the City Council changes the Zoning through the amendment process identified in Chapter 1159
. (Ord. 15-23. Passed 8-14-23.)
1123.06 DIVISION OF LOTS.
No lot shall be divided into two (2) or more lots, unless all lots resulting from such division conform to all the applicable regulations of the Zoning District in which it is located.
(Ord. 15-23. Passed 8-14-23.)
1123.07 STREET FRONTAGE REQUIRED
All new lots shall comply with the minimum frontage requirements for the Zoning District in which it is located. Said frontage must be on an acceptable dedicated and improved right-of-way. For purposes of this section, an alley, as defined in Chapter 1161
, shall not be considered as an acceptable dedicated right-of-way. This section shall not apply to an existing lot of record or a lot within an approved Planned Unit Development or in the MHC District.
(Ord. 15-23. Passed 8-14-23.)
1123.08 ONE DWELLING PER LOT OF RECORD.
In the AG, RE, R-LD and R-MD there shall be nor more than one (1) permitted dwelling unit allowed on any single residential lot. For purposes of this section, a dwelling unit that contains an attached Accessory Dwelling Unit shall be considered one (1) dwelling unit.
(Ord. 15-23. Passed 8-14-23.)
1123.09 PLATTING REQUIREMENT
(a) For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change in Zoning, a platting requirement is established as follows:
(b) For any land which has been rezoned to a Zoning classification other than AG upon application of a private party, no building permit or Zoning Clearance Permit shall be issued until that portion of the tract on which the permit is sought has been included in a required subdivision plat or replat, as the case may be, submitted to and approved by the Planning Commission, and filed of record in the Office of the Fairfield County Recorder. Provided that the Planning Commission, pursuant to their exclusive jurisdiction over subdivision plats, may remove this platting requirement upon determining that the above purposes have been achieved by previous platting or could not be achieved by a plat or replat.
(Ord. 15-23. Passed 8-14-23.)
1123.10 MAJOR STREET PLAN
"The Official Thoroughfare Map of the City of Lancaster", hereinafter referred to as "the
Major Street Plan", as adopted by the City Council of Lancaster, Ohio, as Resolution 90-04 on June 14, 2004, as may be subsequently amended. Front setbacks shall be measured from the proposed right-of-way as shown on the Major Street Plan.
(Ord. 15-23. Passed 8-14-23.)
1123.11 TYPES OF LOTS.
(Ord. 15-23. Passed 8-14-23.)
1123.12 TYPES OF ENCROACHMENTS.
Each District allows various types of encroachments. Refer to the Lot Area, Setback and Height Tables in each District to identify the types of permitted encroachments for said District.
(Ord. 15-23. Passed 8-14-23.)
1123.13 RULES OF MEASUREMENT.
(a) Front Lot Line is the Right-of-Way Line.
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(b) Front Lot Line is the Center Line of the Roadway.
(Ord. 15-23. Passed 8-14-23.)