Article VII, Planned Residential Development, of the Pennsylvania Municipalities Planning Code;[6]

Section 300-1, Community development objectives, of the City of Lancaster Zoning Ordinance; and

The City of Lancaster Comprehensive Plan.

Tentative approval. An application for tentative approval of a flexible residential development plan shall be filed by or on the behalf of the landowner. If the plan is to be developed in phases, the plan submitted for tentative approval shall identify each phase, which shall, with the exception of the last phase, contain a minimum of 25% of the units as depicted on the flexible residential development plan filed by the applicant. Within 60 days after plan filing, the City Planning Commission shall hold a public hearing pursuant to public notice. The Planning Commission may continue the hearing from one meeting to the next; provided, however, that the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing. Within 60 days following the conclusion of the public hearing or within 180 days after the date of filing of the application, whichever occurs first, the Planning Commission shall either grant tentative approval of the development plan as submitted, grant tentative approval, subject to specified conditions, or deny tentative plan approval, citing specific reasons for denial.

Final approval. Upon meeting all conditions of tentative approval, the landowner may file an application for final plan approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required if the final plan is complete, meets all other applicable City ordinances, and is in compliance with the tentatively approved development plan, including any specified conditions. The Planning Commission shall either grant final approval or refuse to grant final approval within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed.

Refusal of final plan approval. If the final plan submission contains variations from the development plan given tentative approval, the Planning Commission may refuse to grant final plan approval and shall, within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed, so advise the landowner, in writing, of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest and/or citing specific deficiencies found in the plan, in which case the landowner may either refile his/her application for final approval without the objectionable variations or file a written request with the Planning Commission that it hold a public hearing on the application for final approval.

Action following refusal of final approval. If the landowner wishes to take either such alternate action, as noted in Subsection C(6)(c) above, he/she may do so within the time limit for filing an application for final approval specified by the official written communication granting tentative approval, or within 30 additional days if the deadline for applying for final approval has passed at the time when the landowner is advised of the Planning Commission's refusal to grant approval. If the landowner fails to take either alternate action within said time, he/she shall be deemed to have abandoned the development plan. Any requested public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner. Within 30 days after the conclusion of the hearing, the Planning Commission shall, by official written communication, either grant final approval to the development plan or deny final approval.

Residential. All dwelling types and residential uses that are permitted in the underlying zoning district shall be permitted within a flexible residential development, except that in the R2 District, single-family attached dwellings are permitted in accordance with Table I of this subsection. Further, the combined total of two-family and multifamily residential dwelling units shall not exceed 40% of the total dwelling units within the flexible residential development. If nonresidential uses are proposed in the development plan, at least 75% of the total units in the entire tract shall be residential. All residential uses shall be subject to the same conditions as set forth in § 300-15, Table of Permitted Uses, of this chapter. For purposes of this section, semidetached and attached buildings may be attached to each other by vertical party walls on the side and/or rear of the dwelling.

Nonresidential. All nonresidential uses that are permitted in the underlying zoning district shall be permitted within a flexible residential development. All nonresidential uses shall be subject to the same floor area limitations and conditions contained in § 300-15, Table of Permitted Uses, and to the requirements contained in Article VIII, Off-Street Parking and Loading Requirements.

The maximum average densities stated in Table I, Maximum Density Table, shall apply within each district to single-family, two-family, and multifamily dwellings. The maximum average density from the table shall be multiplied by the buildable tract area (stated in acres) to determine the maximum number of single-family, two-family and multifamily dwelling units permitted on a tract. With the exception of the R2 District, the Planning Commission may increase the density by 15% if the applicant proves, to the satisfaction of the Planning Commission, that such adjustment would result in an overall site design that would provide equal or better results or would be more in the public interest than if the tract would be developed using the average maximum densities as per this subsection.

For calculating density, the "buildable tract area" shall mean the entire lot area of all lots that are part of the application minus the following: any existing street rights-of-way of preexisting streets and areas more than 35 feet inside of the edge of the one-hundred-year floodplain boundary (to allow for rear yards and pervious parking to intrude into the floodplain). Areas within the rights-of-way of proposed streets may count toward the buildable tract area. If the calculation of total units allowed on a buildable tract area equals 0.5 unit or greater, the allowed units may be rounded up to the next full number (e.g., 8.64 units would equal 9.0 maximum allowed units).

The minimum lot area, minimum lot width and minimum lot depth listed in the applicable zoning district regulations shall not apply under this section.

The lot area of each single-family dwelling shall include the building footprint plus the private area required under Subsection E(9) and may include a private parking area as per Subsection E(13) and any yard area adjacent to the dwelling, provided that the maximum average density listed in Table I is complied with for the entire tract.

The lot area for a building or buildings containing multifamily units and for buildings containing nonresidential uses shall include the building footprint(s) and adequate outdoor service area for storing trash and recyclables and may include a designated parking area as per Subsection E(13) and any yard area adjacent to the building(s), provided that the maximum average density for the entire tract shall comply with Subsection E(3)(a).

All areas within a tract that are set aside for open space and recreation facilities shall be deed restricted to prohibit the future construction of any residential or nonresidential uses.

If a buildable tract area includes more than one building type, the maximum density shall be determined by calculating the total land area devoted to each building type and its related individual private or outdoor service areas, streets, parking and required landscaping.

The front, rear, and side yards listed in the applicable district regulations for the applicable building type in § 300-20 shall be provided around the perimeter boundary of the tract, except that these setbacks may be reduced under one of the following standards:

If dwelling types are mixed within the same tract, the width or depth of the yards around the perimeter of the tract shall be determined by the depth/width of the yards for the dwelling on the tract that requires the greatest yard depth/width.

All portions of the tract abutting an existing or proposed public street shall be considered a front yard and shall meet the front yard requirements, unless reduced by other provisions of this chapter. This requirement shall not apply adjacent to a public, private or common alley.

Other than around the perimeter of a tract, the Planning Commission may reduce by 50% the front, side and rear yards required by § 300-20, or the spacing between buildings as noted in Subsection E(5)(c), provided that a minimum distance of 10 feet is maintained between buildings and that the applicant proves, to the satisfaction of the Planning Commission, that such adjustment would:

Wherever the Planning Commission allows a reduction of a yard area along an exterior building wall, a minimum five-foot-wide area must be provided adjacent to the entire length of such wall for maintenance and fire protection. If this five-foot-wide area is neither entirely located on the same lot as the building nor within a public right-of-way, a permanent maintenance easement shall be provided on the adjacent lot to ensure that a five-foot minimum width is available. This provision is intended to allow for "zero lot line housing."

The spacing between buildings, inside the required tract perimeter yards, shall be equal to the combination of minimum yard requirements of the applicable district. For example, spacing between the fronts of two buildings shall be equal to two combined front yards, the rears of buildings the combination of two rear yards, and the side of a building against a front of another building shall be equal to the combining of a side yard and front yard. The yard requirements shall only apply as spacing between actual buildings rather than applying to each individual deeded lot line of each dwelling within the tract.

Fences and walls are permitted in accordance with § 300-25 of this chapter.

Maximum permitted building and total coverage. The maximum permitted building and total coverage, as defined in Article XVII, shall be based on the following maximum allowed building and total coverage percentages. The average building and total coverage percentages shall be applied to the entire buildable tract area, as defined above in Subsection E(3)(b), excluding the area of public and private streets and alleys, and shall not apply to each individual lot.

Future expansions. Any future increase in building or total coverage after full build-out of the plan shall be regulated on a lot-by-lot basis in accordance with Article VI, § 300-20.

Compliance with the provisions of this section;

Efficient and safe ingress and egress to the tract and structures, including private vehicles, pedestrians and service vehicles;

Appropriate access for fire and emergency medical vehicles, based upon any review provided by the appropriate City staff;

Adequate buffering and screening along the boundaries of the tract, as needed, including landscaping, high-quality weather-resistant wooden fencing and/or walls;

Adequate landscaping of any common parking areas (See standards in this section.);

Proper provisions for any common waste receptacles or dumpsters and any common recycling containers, including setback from nearby homes and screening of any receptacle or dumpster;

General compatibility with the scale and character of the surrounding neighborhood;

For flexible residential development located in the Heritage Conservation District or Historic District, evidence that the City Council has issued a certificate of appropriateness for the proposed new construction.

For flexible residential developments not located in the Heritage Conservation District or Historic District, compatibility of the major exterior features visible from a public street or alley compared to a majority of adjacent existing buildings visible and within 200 feet of the tract, including the following:

Consideration of the statement by the landowner provided for under Subsection D(6), regarding why the proposed development will be in the public interest,

Coordinated and harmonious provisions for locations of U.S. mailboxes meeting U.S. Postal Service requirements.

Provision of required open space and recreation uses suitable for its intended use and provision for maintenance either by dedicating the land and/or recreation uses to the City for it to maintain or providing for common maintenance of the open space and recreation uses in accordance with Subsection E(11).

Each phase of any phasing plan that is submitted as part of a flexible residential development shall be developed in accordance with all the provisions of this section.

The Planning Commission shall require that the flexible residential development provide a minimum of one acre per 1,000 people (43.56 square feet per person) as recreation area if the Planning Commission determines that a flexible residential development will have the capacity to house 100 or more persons, will not be within a one-thousand-foot walking distance of an existing public park or greenway, will generate a need for additional recreation areas, and will include land that would be suitable for recreation.

If such area is not offered to and accepted by the City for dedication for public recreation space, then it shall be maintained by a homeowners' association. Such proposed recreation land shall be contiguous and suitable for the intended active and/or passive recreation purpose, as determined by the Planning Commission. Such recreation area may include land within the one-hundred-year floodplain.

A formal, binding homeowners' association shall be responsible for any commonly owned and/or maintained improvements or lands, such as common open space, parking areas, recreation facilities, sidewalks, streets, alleys, utilities, stormwater control facilities and other similar improvements. This homeowners' association shall be established and subject to the provisions of: Section 705(f) of the Pennsylvania Municipalities Planning Code[11] and Title 68, Real and Personal Property Act, Part II, Real Property, Subpart B, Condominiums, as amended by Senate Bill 65, 1979, or later amendment.

Any such condominium or homeowners' association agreement shall be provided to the Planning Commission for review a minimum of 30 days before the final plan is recorded. If, within those 30 days, the Commission determines, in writing, that such document is not in legally acceptable form with regard to concerns of the City, the plan shall not be recorded until acceptable revisions are made.

Off-street parking may be provided through private or commonly owned and maintained areas and shall not thereafter be sold, rented or leased so as to remove any parking as required by this chapter.

Garages which are privately or commonly owned shall be used for vehicle storage solely by the occupants of the flexible residential development.

The minimum number of off-street parking spaces required per dwelling unit shall be in accordance with Table II, except that where the occupancy of the dwellings is limited to a special group, such as the elderly or handicapped, not normally requiring off-street parking to the extent of other single-family dwellings, the Planning Commission may reduce the number of required parking spaces to no less than one parking space for each two dwelling units.

The minimum number of off-street parking spaces required for multifamily units and nonresidential uses shall be in accordance with Article VIII, § 300-41, except that the Planning Commission may permit a reduction in the number of spaces in accordance with § 300-48, Flexibility in parking requirements.

Restriction on parking in front yard. See § 300-44 of this chapter.

Appropriate curb stops or other structures acceptable to the City Planning Commission shall be used within common parking areas to prevent vehicles from bumping into trees, shrubbery or into a building wall.

The City Planning Commission may allow the required number of parking spaces to be provided on a separate lot or lots within a three-hundred-foot walking distance from the lot(s) that include the residential or nonresidential units. Such lot containing the parking shall be permanently committed through deed restrictions to use for the residential or nonresidential units.

In calculating the number of off-street parking spaces, the applicant may count any existing available on-street parking if the applicant proves to the satisfaction of the Planning Commission, by providing a neighborhood parking analysis in accordance with § 300-44E of this chapter, that sufficient on-street parking is available.

The Planning Commission may require that additional parking be provided in one or more off-street lots or through the addition of on-street parking spaces to provide for guest and overflow parking.

Each building or lot within a flexible residential development is not required to abut or have its own direct access onto a public street, if the City Planning Commission determines that:

If no other alternative exists, the City Planning Commission may permit a development on a single preexisting lot of record within a flexible residential development to have vehicle access onto a public or common alley, provided that the alley has a minimum paved cartway width of 10 feet; the alley has an unobstructed and totally visible right-of-way of 12 feet for its length; and a maximum length of 300 feet shall be traveled along the alley from the development to reach an existing public street and to allow for police and fire access.

Under the provisions of the planned residential development sections of the Pennsylvania Municipalities Planning Code, based upon advice of the City staff, the City Planning Commission shall have the authority, when considering a flexible residential development for approval, to reduce the street width and curb provisions of the City's Subdivision and Land Development Ordinance within or immediately abutting a flexible residential development as follows:

For developments proposing private streets, the Commission, with the advice of the City Engineer, may modify the street construction standards in consideration of expected traffic volumes and vehicle users.

Where an existing street is being continued or extended less than 500 feet, the existing cartway width shall be continued, regardless of the standards in the following table, unless the City Planning Commission determines that such width is inadequate or excessive based upon parking needs, traffic volumes and need for right-of-way for sidewalk and utilities.

A flexible residential development shall include the planting of deciduous shade trees along all abutting existing or proposed streets. The City Planning Commission may waive or reduce this street tree requirement along existing abutting streets if the Planning Commission determines, based upon staff review, that there would not be any appropriate locations within or outside the right-of-way of abutting streets. The species of street trees, the specifications for planting, location and use of tree grates shall be approved by the City. Where street trees do not already exist, one tree shall be planted for every 40 linear feet, or major fraction thereof, of street and alley frontage abutting and within the development, with spacing between trees not less than 30 feet nor more than 50 feet.

Landscape plantings and/or grass areas shall make up a minimum of 15% of the total area of a flexible residential development tract in all permitted districts. Where appropriate, this landscaped area should include highly visible areas. The required "private areas" may not count towards this requirement. In cases where common or public recreation areas are approved, those recreation areas may count towards the minimum grass and landscaped areas.

Any common or private parking areas shall be dimensioned and landscaped in accordance with § 300-42, Dimensional and landscaping requirements of parking facilities, of this chapter, except that the Planning Commission may approve modifications to the dimensional and landscaping requirements if the applicant proves to the satisfaction of the Planning Commission that the proposed dimensions and landscaping will be superior to the landscaping that would be installed in accordance with the requirements.