Lancaster City Zoning Code
ARTICLE XII
Powers and Duties of Zoning Hearing Board and Governing Body
§ 300-67 Jurisdiction of Zoning Hearing Board.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of the City of Lancaster Zoning Ordinance, except those landowner curative amendments brought before the City Council pursuant to Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
B.
Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of this chapter.
C.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, or the issuance of any cease and desist order.
D.
Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard provisions within this chapter.
G.
Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any provisions of this chapter with reference to erosion and sediment control and stormwater management insofar as the same relate to development not involving applications under the City of Lancaster Subdivision and Land Development Ordinance.[2]
§ 300-68 Special exceptions.
The Zoning Hearing Board shall hear and make decisions regarding requests for special exceptions as provided for in this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. Decisions of the Board regarding special exceptions shall not be granted by the Zoning Hearing Board unless and until:
A.
A written application for a special exception shall be submitted indicating the section of this chapter under which the special exception is sought and shall be accompanied by such information as required by the Zoning Officer under § 300-58.
C.
A hearing shall be held pursuant to § 300-66. The applicant or his authorized agent shall be present at the hearing. Failure of an applicant or his authorized agent to appear may result in a denial of the special exception.
D.
The Zoning Hearing Board shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception and that the grant of the special exception will not adversely affect the public interest.
E.
The applicant shall present evidence to the Zoning Hearing Board that the application complies with all the specific requirements contained in this chapter for the grant of such special exception. The applicant shall also have the duty and burden to prove that the following items have been satisfactorily addressed so that the health, safety and welfare of the neighborhood will be protected.
(1)
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(2)
Off-street parking and loading areas, where required, with particular attention to the items in Subsection E(1) above;
(3)
The noise, glare, odor, vibration and other nuisance or hazard effects of the special exception on adjoining properties and properties generally in the district, particularly in consideration of any late night or early morning hours of operation;
(5)
Utilities, with reference to locations, availability and compatibility;
(6)
Screening and buffering with reference to type, dimensions, and character;
(7)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district;
(8)
Required yards and other open space;
(9)
Impacts on historically significant structures;
(10)
General compatibility with adjacent properties and other property in the district.
F.
The Zoning Hearing Board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception. If the Board does not prescribe a time limit, the special exception shall become null and void if no activity occurs within nine months from the date of approval by the Zoning Hearing Board. Activity shall include the submission of development or building plans to the City for additional approvals.
G.
If a special exception is granted by court order and no time limit has been prescribed, the special exception shall become null and void if no activity occurs within nine months from the date of the court order.
H.
Consideration shall be given to the accommodation of persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall have the authority to grant a special exception allowing modifications to specific requirements of this chapter if the applicant proves to the satisfaction of the Zoning Hearing Board that such modifications are required under applicable federal law to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" (as defined in and protected by federal laws). This provision provides a process for local relief, without necessarily needing to prove that a hardship exists under the zoning variance standards. This process also recognizes that federal statutes and case law on this matter may change over time.
(1)
(2)
If the applicant is requesting a reasonable accommodation for persons with disabilities, the applicant shall identify the following:
(a)
The disability which is protected by such statutes;
(b)
The extent of the modification of the provisions of this chapter necessary for a reasonable accommodation; and
(c)
The manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3)
Any modification approved under this section may be limited to the time period during which persons with disabilities occupy or utilize the premises.
(4)
For example, this subsection may be utilized in the following instances:
(5)
The applicant may be a person(s) with disabilities, or his/her authorized agent, or a property-owner, lessee or other entity who is serving persons with disabilities.
§ 300-69 Variances.
The Board shall hear requests for variances from the terms of this chapter where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter, such as, but not limited to, limits upon late night or early morning hours of operation. Decisions of the Board regarding variances shall be made in accordance with the following standards and criteria:
A.
A written application for a variance shall be submitted indicating the section of this chapter under which a variance is sought and shall be accompanied by such information as required by the Zoning Officer under § 300-58.
C.
A hearing shall be held pursuant to § 300-66. The applicant or his authorized agent shall be present at the hearing. Failure of an applicant or his authorized agent to appear may result in a denial of the variance.
D.
The written application for the variance shall demonstrate the following, when relevant:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance, if authorized, will not:
(a)
Alter or detract from the essential character of the neighborhood or district in which the property is located;
(b)
Have an adverse impact on a historically significant structure that could be reasonably avoided;
(c)
Substantially or permanently impair the appropriate use or development of adjacent property; nor
(d)
Be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
F.
The Zoning Hearing Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
G.
The Zoning Hearing Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
H.
The Zoning Hearing Board may prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the variance. If the Board does not prescribe a time limit, the variance shall become null and void if no activity occurs within nine months from the date of approval by the Zoning Hearing Board. Activity shall include the submission of development or building plans to the City for additional approvals.
I.
If a variance is granted by court order and no time limit has been prescribed, the variance shall become null and void if there is not an application for City permits or other evidence of activity to seek governmental approvals or to start construction within nine months from the date of the court order.
§ 300-70 Conditional uses.
The Lancaster City Council shall hear and make decisions regarding requests for conditional uses as provided for in this chapter. In granting a conditional use, the City Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. In addition, the City Council may seek the recommendation of the Lancaster City Planning Commission prior to rendering a decision. Decisions regarding conditional uses shall not be granted by the City Council unless and until:
A.
A written application for a conditional use shall be submitted indicating the section of this chapter under which the conditional use is sought and shall be accompanied by such information as required by the Zoning Officer under § 300-58.
C.
A hearing shall be held pursuant to § 300-66. The applicant or his authorized agent shall be present at the hearing. Failure of an applicant or his authorized agent to appear may result in a denial of the conditional use.
D.
The Lancaster City Council shall make a finding that it is empowered under the section of this chapter described in the application to grant the conditional use and that the grant of the conditional use will not adversely affect the public interest.
E.
The applicant shall present evidence to the City Council that the application complies with all the specific requirements contained in this chapter for the grant of such conditional use. The applicant shall also have the duty and burden to prove that the following items have been satisfactorily addressed so that the health, safety and welfare of the neighborhood will be protected.
(1)
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection E(1) above;
(3)
The noise, glare, odor, and vibration effects of the conditional use on adjoining properties and properties generally in the district;
(5)
Utilities, with reference to locations, availability and compatibility;
(6)
Screening and buffering with reference to type, dimensions, and character;
(7)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district;
(8)
Required yards and other open space;
(9)
General compatibility with adjacent properties and other property in the district, including consideration of any late night hours of operation or late night truck deliveries.
F.
The Lancaster City Council may prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use. If the Council does not prescribe a time limit, the conditional use shall become null and void if no activity occurs within nine months from the date of approval by the City Council. Activity shall include the submission of development or building plans to the City for additional approvals.
G.
If a conditional use is granted by court order and no time limit has been prescribed, the conditional use shall become null and void if no activity occurs within nine months from the date of the court order.