Lancaster City Zoning Code
ARTICLE VII
Supplementary District Regulations
§ 300-24 Visibility at intersections.
On a corner lot in all districts, except the CB and CB1 Districts, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to block vision between a height of three feet and 10 feet from grade within the triangular area established by the placement of two intersecting lines 25 feet in length along each cartway edge or curbline, excluding bulbouts, which are then connected by a third line forming the triangle. Where a building already exists in this twenty-five-foot sight triangle area, nothing obstructing vision shall be placed within that sight triangle created by existing walls and porches.
§ 300-25 Fences, walls and hedges.
[Amended 7-11-2017 by Ord. No. 10-2017; 5-10-2022 by Ord. No. 07-2022]
Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard or permitted building area, subject to the following maximum height restrictions, provided that no conflict with § 300-24, Visibility at intersections, shall occur; no obstruction of visibility at driveway openings shall occur within the sight triangle created by the intersecting lines of the driveway and property line and a line joining points along each line five feet from the point of intersection; the finished side of the fence shall face the adjoining property or a public right-of-way; and fences and walls shall not be constructed from scrap metal, sheet metal, junk or sheets of plywood and shall be uniform in construction materials and design. See also § 300-42I, which may require a larger sight triangle for a parking lot.
Maximum Height of Fences, Walls and Hedges | ||||
|---|---|---|---|---|
Height Limitations Measured from Grade | Residential Districts R1, R2, R3, R4, RO, MU (feet) | Nonresidential Districts C1, C2, C3, CB, CB1, CM, SM, DF, HC, PO (feet) | ||
Residential property | ||||
Fences and walls | ||||
Minimum front yard | 4*** | 4*** | ||
Secondary front yard* | 6 | 6 | ||
Side and rear yard | 6 | 6 | ||
Permitted building area | 6 | 6 | ||
Hedges | ||||
Front yard | 4 | 4 | ||
Secondary front yard* | 6 | 6 | ||
Side and rear yard | 6 | 6 | ||
Permitted building area | 6 | 6 | ||
Commercial, institutional, cultural and recreational property | ||||
Fences and walls | ||||
Front yard | 4*** | 4*** | ||
Secondary front yard* | 6 | 6 | ||
Side and rear yard | 6 | 6** | ||
Permitted building area | 6 | 6** | ||
Hedges | ||||
Front yard | 4 | 4 | ||
Secondary front yard* | 6 | 6 | ||
Side and rear yard | 6 | 6** | ||
Permitted building area | 6 | 6** | ||
Transportation, communication, utility, manufacturing and industrial property | ||||
Fences and walls | ||||
Front yard | 4 | 6 | ||
Secondary front yard* | 6 | 6 | ||
Side and rear yard | 6 | 8** | ||
Permitted building area | 6 | — | ||
Hedges | ||||
Front yard | 4 | 6 | ||
Secondary front yard* | 6 | 6 | ||
Side and rear yard | 6 | 8** | ||
Permitted building area | 6 | — | ||
NOTES: | |
* | On corner lots, the maximum height of a fence or hedge within the minimum front yard shall not exceed four feet. In portions of the secondary front yard that are not in the minimum front yard and are not within the required sight triangle under § 300-24, a fence or hedge shall not exceed six feet in height.  |
 | |
** | Special exception approval is required to increase the height of a fence or hedge up to two feet above maximum. A wall over maximum height and a fence or hedge over this special exception maximum height shall require a variance. Retaining walls that are necessary for structural engineering reasons are not subject to height limitations. |
*** | A fence on a residential lot in a minimum front yard shall be mostly open in construction, such as a split rail, picket or chain link fence, as opposed to a mostly solid fence. |
§ 300-26 Waiver of side yard requirements.
Upon application to the Zoning Hearing Board for special exception and subject to the following standards and criteria, the side yard setback requirements for residential buildings in all districts except the R1 and R2 Districts may be waived. The applicant must also demonstrate to the Zoning Hearing Board's satisfaction that the granting of the special exception will not result in structural, safety or health hazards to abutting properties and must present evidence to the Board of full compliance with the following conditions:
A.
That a five-foot open distance will be maintained from any existing wall or building to allow for necessary maintenance or that the junction between the new structure and adjoining structure(s) will be permanently sealed from infiltration by air, water or other eroding elements;
B.
That the proposed construction will meet all applicable Lancaster City building, fire and other relevant safety codes;
C.
That the applicant will present to the Zoning Hearing Board legally binding easement documents from adjoining property owner(s) providing for access for maintenance of the building or permission to abut the wall of the adjoining structure(s);
D.
That access to the rear yard of all properties will be provided other than through the principal structure(s); and
E.
That no building or portion of a building will be within five feet of a door or window of an adjacent building.
§ 300-27 Accessory structures.
A.
No accessory structure of any kind shall be erected or placed in any required front, secondary front, or side yard, except that in the case of a corner lot, which has no rear yard, an accessory structure may be erected or placed in the side yard, subject to the setback or easement provided herein for structures in the rear yard.
B.
When an accessory structure is proposed, the setback of the accessory structure shall be no less than the setback of existing principal structures of adjoining properties on the same block face.
[Amended 7-11-2017 by Ord. No. 10-2017]
C.
An accessory structure used for parking purposes is permitted in the required rear yard; provided, however, that the structure is located at least three feet from the edge of a common, private, or public alley and from any side lot line, or, if less than three feet from the side lot line, the applicant provides a recorded easement, acceptable to the City, from the adjoining property owner providing access for maintenance of the building, or permission to abut the wall of any existing structure on the neighboring property.
D.
All other accessory structures may be permitted in the required rear yard; provided, however, that a three-foot setback from any side lot line or rear lot line not abutting an alley is maintained, or, if less than three feet, the applicant provides a recorded easement, acceptable to the City, from the adjoining property owner providing access for maintenance of the structure, or permission to abut the wall of any existing structure on the neighboring property.
§ 300-28 More than one principal building on single lots.
[Amended 6-25-2019 by Ord. No. 10-2019]
In any district, more than one principal building may be permitted on a single lot, provided that the land development plan is in compliance with the following provisions:
A.
On any single lot containing residential uses, more than one building housing a permitted principal residential use may be permitted on the lot, provided that yard and other requirements of this chapter shall be met for the entire lot regardless of the number of buildings. Parking for one additional residential unit in a separate building may be reduced as per § 300-44E.
B.
On any single lot containing only nonresidential uses, more than one building housing a permitted principal use may be permitted, provided that yard and other requirements of this chapter shall be met for the entire lot regardless of the number of buildings, except that when the additional nonresidential building is an existing structure, front, side and rear yard setbacks and lot area for that building may be waived.
§ 300-29 Exceptions to height regulations.
The height limitations contained in the height, area and bulk regulations of § 300-20 do not apply to spires, belfries, cupolas, noncommercial antennas, satellite dishes, water tanks, air-conditioning units, ventilators, chimneys, solar collectors, skylights, or other appurtenances customarily placed above the roof level and not intended for human occupancy, except that any such structure or appurtenance shall be erected or installed in accordance with City construction codes. The height of commercial telecommunications antennas and towers shall be regulated as provided for in § 300-15, transportation, communication and utilities.
§ 300-30 Habitable floor area.
A.
The minimum habitable floor area of a rooming unit, efficiency, or a dwelling unit, with the exception of a manufactured dwelling, hereafter erected or converted shall be as follows:
B.
The minimum habitable floor area for units within hotels or other commercial lodging establishments shall be 200 square feet for each room used for sleeping purposes, except that the minimum for bed-and-breakfast establishments within existing buildings shall be 100 square feet.
§ 300-31 Certain conversions requiring land development approval.
Where permitted by right or with Zoning Hearing Board approval, single-family dwellings or other uses may be converted into certain uses (as allowed by Article V), provided that all applicable provisions of this chapter are met. However, no certificate of zoning compliance shall be issued for the conversion of an existing building into four or more residential units unless a land development plan has been submitted and approved in accordance with the City of Lancaster Subdivision and Land Development Ordinance (SLDO), Chapter 265 of the City's codified ordinances, as amended. Furthermore, no certificate of zoning compliance shall be issued for the conversion of a single-use nonresidential building for occupancy by two or more occupants by means of leaseholds, condominiums or other allocation of space, as per the Pennsylvania Municipalities Planning Code definition of land development, unless a land development plan has been submitted and approved, if required by the City of Lancaster Subdivision and Land Development Ordinance.
§ 300-32 Lots and structures to have public access.
A.
Every lot hereafter created shall abut and have satisfactory vehicular access from a public street. Every building hereafter erected or moved shall be on a lot adjacent to a public street and shall have safe and satisfactory vehicular access from a public street for servicing, fire protection and off-street parking.
B.
All attached dwellings hereinafter constructed shall have pedestrian access to the rear yard by means other than through the living area of the principal structure; such pedestrian access shall be a minimum of three feet in width, conveniently located, paved or otherwise identified as a pedestrian access, and shall be at a grade not exceeding 20% without providing handrails.
§ 300-33 Parking, storage, or use of major recreational equipment.
For purposes of these regulations, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, recreational vehicles, pickup campers (designed to be mounted on automotive vehicles), motorized dwellings and recreational trailers, and which have lengths greater than 22 feet. Trailer hitches shall not be considered in measuring the length. No major recreational equipment shall be parked or stored in any required front, secondary front, or side yard, nor shall any major recreational equipment be parked or stored in any required off-street parking space. However, such equipment may be parked anywhere on the premises for not more than two days in any seven day period during loading and unloading. No such equipment shall be used for living or sleeping purposes when parked or stored in any location not approved for such use.
§ 300-34 Parking and storage of certain vehicles.
In all districts, all motor vehicles, boats or trailers, including recreational trailers, which are inoperable or do not have current registration plates and/or current inspection stickers displayed thereon shall be parked or stored in a completely enclosed building unless the lawful principal use of the property on which such vehicles, boats or trailers are located involves the repair, storage, or disposal thereof.
§ 300-35 Traffic impact study.
[Amended 5-10-2022 by Ord. No. 07-2022]
If the proposed development would generate 50 or more new vehicle trips in the peak direction (inbound or outbound) during the site's peak traffic hour, a traffic impact study prepared and conducted in accordance with Chapter 265, Subdivision Land Development, Article VIII, Traffic and Transportation, must be submitted at the time of the zoning application, unless the development is exempted by the criteria set forth in § 265-44; however, developments, expansions, or changes in use that require the submission of a land development plan are exempt from this zoning requirement.
§ 300-36 Outside storage areas.
All outside storage areas for nonresidential uses, except as provided for in § 300-44, Location of parking facilities, shall be within the permitted building area. For all nonresidential outside storage areas, screening or buffering in accordance with the height limitations of § 300-25 shall be installed and maintained where the area is within 20 feet of a public street or public alley or residential property.
§ 300-37 Building projections.
In all districts, no building nor any portion of a building may project into any required yards, except as provided for below:
A.
Projections into required yards.
(1)
An unenclosed projection in the nature of an entry, portico or stoop projecting no more than four feet from the wall of a building or a ramp projecting no more than the minimum dimension required to meet the standards of the Americans with Disabilities Act shall be exempt from the requirements of its particular district. In computing the average setback, the presence of such projections shall be ignored.
(2)
An unenclosed porch, unenclosed balcony, or deck and the accompanying steps to the ground, fire escape, or chimney may be permitted to project into any required rear yard when the building otherwise is in conformity with the regulations for its particular district.
(3)
An unenclosed porch within any required front yard may be permitted, provided that:
(4)
An unenclosed porch, unenclosed balcony, deck, fire escape, or chimney within any required side yard may be permitted, provided that:
B.
Porch enclosures. Enclosing of front porches in part or entirely with immovable partitions or walls of any nature shall require special exception approval of the Zoning Hearing Board. Movable or retractable blinds and/or awnings are not considered as enclosures; however, permanently affixed lattice or similar rigid panels are considered to be enclosures. The Board shall grant the special exception only if there is clear and convincing evidence that all of the following requirements are met: the enclosure is compatible with the character of the immediate neighborhood; the enclosure will not create an adverse impact on adjoining properties; and there is compliance with any approval needed under the Heritage Conservation District Ordinance or the Historic District Ordinance, as applicable.
§ 300-38 Hospital Complex District.
Notwithstanding other provisions of this chapter, structures in the Hospital Complex District must comply with the following:
A.
Building height and minimum front yard setbacks. Building height and required building setback requirements shall be determined in accordance with the following:
Street Frontage | Minimum Front Yard Setbacks ** (feet) | Maximum Building Height* | |
|---|---|---|---|
North Duke St. (east side) College Ave. | 20 | 45 feet at the building setback, increasing to 120 feet at a rate of one foot of height for every two feet of setback | |
North Duke St. (west side) | 5 | 75 feet at the building setback, increasing to 120 feet at a rate of one foot of height for every two feet of setback | |
East James St. East Frederick St. West Walnut St. Marietta Ave. | 10 | 45 feet at the building setback, increasing to 120 feet at a rate of one foot of height for every two feet of setback | |
North Lime St. North West End Ave. | 20 | 65 feet at the building setback, increasing to 120 feet at a rate of one foot of height for every one foot of setback | |
North Christian St. | 5 | 120 feet at building setback line | |
North Queen St. | 5 | 75 feet at the building setback, increasing to 120 feet at 20 feet from the street right-of-way line | |
North Prince St. | 0 | 75 feet at the building setback increasing to 120 feet at 20 feet from the street right-of-way line | |
West Frederick St. | 0 | 75 feet at the building setback, increasing to 120 feet at 20 feet from the street right-of-way line | |
North Market St. | 0 | 120 feet at building setback line |
NOTES: | |||
|---|---|---|---|
* | "Existing buildings," as used in this section, shall mean buildings which exceeded the above height requirements on December 12, 1989, the date of the original adoption of the Hospital Complex District. Such existing buildings may be expanded at their current elevation, provided the following are met: | ||
1. | The additional height is necessary to provide expansion of the upper floors of the existing building; | ||
2. | The height of the new construction is limited to a horizontal extension of the existing roofline along the same or a lower elevation. In no case shall the height of any new construction exceed the height of the existing structure; and | ||
3. | The height of the new construction shall only exceed the above requirements along one street line and shall not encroach upon the height limitation imposed upon any other street. | ||
** | Overhead structures located over public streets that serve as connections between buildings or pedestrian walkways are not subject to the front yard minimum setback requirements. Abutments or supporting structures for the overhead structures are not subject to the front yard minimum setback requirements set forth in the table, but shall have a front yard minimum setback requirement of five feet. | ||
B.
Minimum side and rear yard setbacks. Side and rear yard setbacks shall be five feet. Side and rear yard setbacks shall be reduced or eliminated when the adjoining property owner grants a maintenance easement acceptable to the City, and the applicant records said easement agreement in the office of the Recorder of Deeds for Lancaster County.
C.
Landscaped area.
(1)
All undeveloped portions of each lot shall be landscaped. When possible, existing mature trees shall be retained. A minimum of 10% of the lot must be provided as permanent ground level landscape area. This landscape area calculation is exclusive of the areas used for buildings, paving and sidewalk. The landscape area shall provide natural ground cover, trees, and shrubs under the design of a Pennsylvania registered landscape architect. A minimum of 30% of the landscape area shall be planted in a combination of trees and shrubs.
(2)
Appropriate landscaping shall be provided to restore the streetscape. Trees shall be used to reduce the visual plane of buildings. Foundation plantings, composed of mixed shrubs and ground covers shall be provided across all facades located in normal public view. All buildings shall provide at least one tree, with a minimum trunk diameter of two inches measured four foot above ground level, for every 40 feet of building frontage, excluding building frontages on streets having a right-of-way width of 20 feet or less.
D.
Parking garages. Parking garages shall be permitted as uses by right as accessory uses in the HC District and may be located on a separate lot from HC District uses. Parking facilities shall comply with the requirement of § 300-44B if the property is located in the Historic Resource Overlay District. Screening or other improvements shall be provided to shield parked cars from view. Driveway openings and access lanes shall be minimized. Safe and convenient pedestrian connections between the parking facilities and the principal use shall be provided. Section 084.6,[1] Discontinuation of required parking facilities, shall not apply to parking garages in the HC District.
E.
Temporary open space. Temporary open space that is accessible to the public shall be permitted as a use by right within the HC District, provided that such area is owned and maintained by a hospital licensed by the Commonwealth of Pennsylvania. The owner of the temporary open space shall be allowed to impose and post reasonable use restrictions including, but not limited to, hours that the space is open to the public. Fully accessible pedestrian connections between adjoining public right(s)-of-way and the temporary open space shall be provided, and both active and passive recreational amenities may be installed. All temporary open space improvements are subject to requirements of the Stormwater Management Ordinance.[2]
[Added 7-11-2017 by Ord. No. 10-2017]
§ 300-39 Floodplain District.
A.
General provisions.
(1)
Purposes. The purposes of these provisions are to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies,
(b)
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding,
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage,
(d)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
(2)
Applicability. These provisions shall apply to all lands within the jurisdiction of the City of Lancaster shown as being located within the boundaries of the designated floodplain districts or adjacent to streams or other bodies of water as identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Lancaster County, Pennsylvania, or latest revision thereof, and the City of Lancaster Floodplain and Flood-Prone Areas Map.
(a)
Where a waterway exists in the form of a drainage swale or spring that has been mapped by the City but which does not have a delineated one-hundred-year floodplain on the Official Federal Floodplain Maps, a minimum building setback of 30 feet landward from the top of the bank of any watercourse shall be required, unless the applicant provides a floodplain delineation acceptable to the City Engineer that shows a more narrow one-hundred-year floodplain along that waterway.
(3)
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
(4)
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Lancaster or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(5)
Abrogation and greater restrictions. This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
B.
Establishment of floodplain districts.
(1)
Basis of districts.
(a)
Floodplain districts shall include areas subject to inundation by the one-percent annual flood, also known as of the "one-hundred-year flood." The basis for the delineation of the one-hundred-year floodplain districts shall be one of the following, whichever is more restrictive:
[1]
The Flood Insurance Study (FIS), dated April 19, 2005, for the City of Lancaster, Lancaster County, and the accompanying Flood Insurance Rate Map (FIRM) panels as prepared by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof;
[2]
The City of Lancaster Floodplain and Flood-Prone Areas Map, dated July 2012;
[3]
A hydrologic report prepared by an individual registered in the Commonwealth of Pennsylvania to perform such duties, provided that such report shall be approved by an agency of the City, county, state or U.S. government; or
[4]
A hydrologic report prepared by an agency of the City, county, state, or U.S. government.
(b)
In case of any dispute concerning when, where and how the floodplain is to be established, the City of Lancaster will determine the ultimate design criteria and/or flood boundary limits.
(2)
Specific floodplain areas and special requirements. The identified floodplain area shall consist of the following specific areas, with all specific areas subject to inundation by the one-hundred-year flood collectively identified as the "one-hundred-year floodplain district":
(a)
Floodway area. The areas identified as "floodway" on the FIRM panels that represent the channels of watercourses and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot an any point. The term shall also include floodway areas that have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
[1]
Special requirement. No construction or encroachment is permitted in the floodway that would cause any increase in flood heights. Additionally, no construction or other activity shall be undertaken without first obtaining a permit from the Pennsylvania Department of Environmental Protection (DEP) regional office.
[2]
Where no floodway has been identified on a tributary with constant flow, a minimum fifty-foot setback shall be maintained for all structures.
(b)
Special floodplain area. The areas identified as Zone AE on the FIRM panels that are subject to inundation by the one-percent annual chance flood event determined by detailed methods and having identified base flood elevations (BFEs).
[1]
Special requirement. No construction or encroachment is permitted in the floodway that would cause any increase in flood heights.
[2]
Special requirement in Zone AE without an identified floodway. No permit shall be granted for any construction, development, use, or activity within any AE area not having an identified floodway unless it can be demonstrated that the cumulative effect of the proposed development would not, together with all other existing development and anticipated development, increase the BFE.
(c)
Approximate flood area: the areas identified as Zone A on the FIRM panels that are subject to the inundation by the one-percent annual chance flood event determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.
[1]
Special requirements.
[a]
No construction or encroachment, including fill, shall be permitted that would cause any increase in flood heights. In the absence of a detailed flood analysis, new construction or development shall be located 50 feet landward from the top of the bank of any watercourse, unless a permit is obtained from the DEP regional office.
[b]
Where available, information from federal, state, or other acceptable sources shall be used to determine the BFE, as well as a floodway area if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest to the construction site in question.
[c]
In lieu of the above, the City of Lancaster may require the applicant to determine the flood elevation with hydrologic and hydraulic engineering techniques. The analysis shall be undertaken only by professional engineers or others of demonstrated qualifications who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the City.
(d)
Other flood areas. The areas identified as Zone X on the FIRM panels include certain areas subject to the one-percent and two-tenths-percent annual chance flood. The areas include floodplains adjacent to studied waterways commonly referred to as the "one-hundred-year and five-hundred-year floodplains," small streams, drainage swales and ditches and other unstudied water channels that are used to convey surface waters to areas within Zone A and AE.
[1]
Special requirement. In lieu of a flood study or evidence of historical flood heights, all development shall be set back 30 feet from the top of the bank of any watercourse and from other low-lying areas subject to flooding. The City shall consider existing topography, watershed development, history of flooding, a flood analysis study provided by the applicant, and other factors in deciding if a setback of less than 30 feet is appropriate.
(3)
Overlay concept.
(a)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(b)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain district shall apply.
(c)
In the event any provisions concerning a floodplain district are declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.
(4)
Zoning Map. The boundaries of the floodplain districts, while not shown on the Zoning Map, are established as part of the Official Zoning Map of the City of Lancaster, and are declared to be a part of this chapter. The Bureau of Planning shall maintain a record of all studies and maps that depict areas known to be susceptible to flooding.
(5)
District boundary changes. The delineation of any of the floodplain districts may be revised by the governing body where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U. S. Army Corps of Engineers, the Susquehanna River Basin Commission or other qualified agency or individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
(6)
Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his/her case to the Board and to submit his/her technical evidence if he/she so desires.
C.
District provisions. All uses, activities, and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this chapter, with all other applicable codes and ordinances of the City of Lancaster, and with all applicable federal and state laws and regulations. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodplains of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the City, a permit shall be obtained from the DEP regional office. Further notification of the proposal shall be given by the City of Lancaster to all affected adjacent municipalities as well as the Lancaster County Planning Commission. Copies of such notifications shall be forwarded to both FEMA and the Pennsylvania Department of Community and Economic Development.
(1)
One-hundred-year floodplain overlay in residential districts. Where the one-hundred-year floodplain district, shown as Zone AE on the FIRM panels, is an overlay to an underlying residential district, as stipulated in § 300-2, Districts, no development shall be permitted that causes a rise in the one-hundred-year flood. Uses permitted by right and by special exception in the one-hundred-year floodplain district within residential zoning districts are limited to the following:
(a)
Permitted uses. In the one-hundred-year floodplain district, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:
[1]
Public recreational uses and activities conducted on pervious surfaces, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, and game farms.
[2]
Yard areas, gardens and play areas accessory to residential uses.
[3]
Yard areas accessory to industrial and commercial uses.
[4]
Stormwater outfall structures and rip-rap with DEP permit.
(b)
Uses permitted by special exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district, are not prohibited by any other ordinance and will cause no increase of the water surface elevation, at any point, during the base flood discharge (one-hundred-year flood):
[1]
Public facilities and improvements such as railroads, streets, bridges, piers, abutments, pipelines, water and sewage treatment plants, pervious parking and loading areas, and other similar or related uses.
[2]
Private, restricted or commercial recreational uses and activities conducted on pervious surfaces, such as parks, day camps, picnic grounds, golf courses, boat-launching docks, piers, swimming areas, hiking and horseback riding trails, wildlife and nature preserves, and game farms.
(2)
Five-hundred-year floodplain overlay district. In the two-tenths-percent annual chance flood area (five-hundred-year floodplain district), shown as Zone X on the FIRM panels, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, except that the following uses shall be prohibited:
(3)
One-hundred-year floodplain overlay in nonresidential districts. Where the one-hundred-year floodplain district, shown as Zone AE and Zone A on the FIRM panels, is an overlay to an underlying nonresidential district, as stipulated in § 300-2, Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that:
(a)
No building shall be erected or constructed within a floodway area;
(b)
Any proposed installation of fill material shall require the submission of a floodplain impact report from a Commonwealth of Pennsylvania registered engineer demonstrating that the fill will cause no increase in the water surface elevation of the one-hundred-year flood and that the fill material will be resistant to erosion by flooding;
(c)
Any development or land development proposing the construction or erection of a structure or expansion of an existing structure shall be in conformity with the City of Lancaster Subdivision and Land Development Ordinance,[1] including the stipulation that no development or encroachment shall occur which would result in any increase in flood levels during the one-hundred-year flood; and
(d)
All uses, activities and/or development shall be undertaken in strict compliance with the elevation and floodproofing and related provisions contained in all applicable federal, specifically 44 CFR 60.3d of the National Flood Insurance Program, state and local laws and regulations, except that the following uses shall be prohibited:
(4)
Other flood areas. Where other flood areas, as shown on the City of Lancaster Floodplain and Flood-Prone Areas Maps, are an overlay to a residential or nonresidential district, the development and/or use of land shall be permitted in accordance with the underlying district and shall be set back 30 feet from the top of the bank of any watercourse and from other low-lying areas subject to flooding, provided that the City shall consider existing topography, watershed development, history of flooding, a flood analysis study provided by the applicant, and other factors in deciding if a setback of less than 30 feet is appropriate.
(5)
Riparian buffer. To the maximum extent possible, riparian buffer shall be preserved along all watercourses to protect private property, promote public safety, maintain and improve surface water quality, attenuate flooding, reduce soil loss, preserve wildlife habitat, provide recreational value to waterways, and to be consistent with goals set forth in the City's Green Infrastructure Plan. Where riparian buffer currently exists within the 100-year floodplain district, shown as the 1% annual chance flood on the FIRM panels, and the 500-year floodplain district, shown as the 0.2% annual chance flood on the FIRM panels, the following activities shall be prohibited:
[Added 6-25-2019 by Ord. No. 10-2019]
(a)
Removal of any tree larger than two inches diameter at breast height from any floodplain district or riparian buffer without a permit from the City's Floodplain Administrator.
(b)
Removal of riparian buffer from the floodway or 100-year floodplain, in a manner that is not strictly consistent with PADEP's or the USDA's most recently published guidance document for riparian buffers, as determined by the City's Floodplain Administrator, and § 300-39C(5)(d).
(c)
Removal of more than 20% of the riparian buffer on a lot from the 500-year floodplain, in a manner that is not strictly consistent with PADEP's or the USDA's most recently published guidance document for riparian buffers, as determined by the City's Floodplain Administrator.
(d)
Use of fertilizers, pesticides, herbicides, and/or other chemicals within the 100-year floodplain, unless approved by the City's Floodplain Administrator.
D.
Special exceptions and variances; additional factors to be considered.
(1)
In passing upon applications for special exceptions and variances the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Pennsylvania Municipalities Planning Code, as amended, this chapter and the following:
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the one-hundred-year floodplain district;
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others;
(c)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
(e)
The importance of the services provided by the proposed facility to the community;
(f)
The requirements of the facility for a waterfront location;
(g)
The availability of alternative locations not subject to flooding for the proposed use;
(h)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(i)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
(j)
The safety of access to the property in times of flood for ordinary and emergency vehicles; and
(k)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(2)
The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Costs incurred by the City for this technical review shall be paid by the applicant. No zoning certificate of zoning compliance or building certificate of occupancy shall be issued, nor shall any land development or subdivision plan be unconditionally approved, prior to payment of these costs.
(3)
Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in an increase in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public, or conflict with local laws or ordinances.
E.
Administration. A floodplain zoning permit shall be required for all construction and development in all floodplain districts, which includes but is not limited to paving, filling, grading, excavation, mining, dredging or drilling operations, in all instances where a certificate of zoning compliance has not been issued or Zoning Hearing Board approval has not been granted. It shall be a violation of this chapter to commence construction or development of the aforesaid without first obtaining the permit/approval herein required.
F. BASE FLOOD BASE FLOOD ELEVATION (BFE) COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE 500-YEAR FLOOD FLOOD FLOOD INSURANCE STUDY (FIS) FLOODPLAIN FLOODPLAIN DISTRICTS FLOODPROOFING FLOODWAY LAND DEVELOPMENT(1) (a) (b) (2) ONE-HUNDRED-YEAR FLOOD RIPARIAN BUFFER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zone AE that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A flood that, on average, is likely to occur once every 500 years (i.e., that has a 0.2% chance of occurring each year, although the flood may occur in any year).
[Added 6-25-2019 by Ord. No. 10-2019]
A temporary inundation of normally dry land areas.
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
Those areas inundated primarily by the one-hundred-year flood and the five-hundred-year flood. Included are areas identified as the one-hundred-year floodplain district, the five-hundred-year floodplain district, and other flood-prone areas identified on the City of Lancaster Floodplain and Flood-Prone Areas Map.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
Trees, shrubs, or herbaceous vegetation currently existing within any 100-year or 500-year floodplain.
[Added 6-25-2019 by Ord. No. 10-2019]
§ 300-40 Green incentives and standards; solar facilities.
A.
Solar screens and awnings over windows may project into a setback area by up to five feet.
B.
Solar collection panels shall be allowed to be placed over off-street vehicle parking lots and within rear yards, provided they meet required accessory structure setbacks; do not exceed the maximum height for the district; and do not intrude into or obstruct sunlight from reaching required buffer and landscaped areas. See § 300-29, which allows solar collectors to extend above the maximum building height.
C.
If a building or parking structure includes an approved green roof, the area covered by the green roof may exceed the maximum building coverage, up to a maximum total building coverage of 5% higher than would otherwise be allowed.
(1)
In order to be considered a green roof, such area shall be exposed to direct sunlight at noontime and shall be covered with vegetation that is designed to absorb stormwater runoff. Vegetation shall be planted in a minimum of four inches of depth of soil or other growing material. Up to 10% of an area of a green roof may include walkways. If such vegetation dies, it shall be required to be replaced within 150 days.
D.
A LEED-certified building may exceed the maximum building coverage, provided the total building coverage is not increased by a total of more than 5%. This subsection applies if the applicant proves that a new building will be certified or meets a higher standard under the published standards of the Leadership in Energy and Environmental Design (LEED) certified building, following the latest published standards of the U.S. Green Building Council or its successor entity for new construction. This incentive may not be added on top of the incentive in Subsection C above.
(1)
The applicant is required to have a registered architect who is a LEED-certified professional provide a statement, in writing, to the Zoning Officer at each of the following times: the land development application; at the time of the building permit application; and at a point halfway through construction. Such statement shall provide a professional opinion that the project will be able to meet the LEED certification, and specifying the point system that will be used.
(2)
If a building fails to have LEED certification after occupancy, the City shall have the authority to require that the current building owner make sufficient changes to the building and submittals to obtain the intended certification.