Lancaster City Zoning Code
ARTICLE 11
00 ZONING-RELATED APPLICATIONS
§ 11.01 Zoning Change.
(a)
Filing of an Application.
(1)
Pre-application Conference.
A.
An applicant for a change in zoning must hold a pre-application conference with the Director or designee Director prior to formal application.
B.
At the pre-application conference, the applicant should present a draft Concept Plan with as much detail as possible.
C.
Based on the information presented, the City representative will provide initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application.
(2)
Application Requirements.
No application shall be reviewed which is not complete and accompanied by the payment of fees as established in this Code or other ordinances of the City of Lancaster. All applications shall be filed with the City on forms available in the City of Lancaster offices.
(3)
Timing.
Applications for Rezoning and Plan Approvals shall be submitted at least one month prior to the first scheduled hearing date.
(c)
Considerations in Review and Approval of Rezoning.
(1)
Consistency with the Comprehensive Plan.
(2)
Potential impact on adjacent development.
(3)
Availability of utilities and access.
(4)
Site conditions such as vegetation, topography, drainage and floodplain.
(5)
Timing of development as it relates to the City's Capital Improvement Plan.
(6)
Other issues as may be deemed important.
(Ordinance 2006-04-13, sec. 14.1101, adopted 4/24/06)
§ 11.02 Required Site Plan (Non-PD).
(a)
Purpose.
The purpose of a Site Plan is to ensure that all provisions of the Zoning Ordinance of the City are adhered to while providing for design flexibility; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule.
(b)
General.
(1)
Applicability.
Site Plans are required for all new developments, except individual single-family and duplex lots, and for expansion of existing development by 50% or more of the gross floor area.
(2)
Application.
Site Plans shall be accompanied by a completed application form and a proposed development schedule.
(3)
No Permits without Site Plan.
Site Plans may be submitted at the time of Building Permit application, but no permit shall be issued for site grading or construction until a Site Plan has been approved.
(4)
Notification.
No public notification is required for consideration of a Site Plan, or amendment, beyond posting as an agenda item for the Planning and Zoning Commission, if appealed or referred to it. This provision does not apply to PD Site Plans.
(c)
Site Plan Submittal Requirements.
The following requirements apply to each application for non-PD Site Plan approval unless otherwise required or approved by the Director:
(1)
Size.
PD Site Plans shall be prepared on sheets and at a scale as required by the Director. PD Site Plans shall be prepared by a registered engineer, architect, landscape architect, or a certified city planner.
(2)
General Information.
A.
North Arrow;
B.
Total site acreage;
C.
Submission date;
D.
Scale (written and graphic);
E.
Vicinity map;
F.
Names, addresses, and telephone numbers of designer, engineer, developer, and owner;
G.
A boundary survey of the site with the location of proposed land uses;
H.
Adjacent subdivision names and property lines; and
I.
Adjacent land uses and structures.
(3)
Structures.
A.
Location, dimensions, and use of all existing facilities and proposed buildings;
B.
Setback and separation distances between buildings;
C.
Proposed construction type and facade materials for all multi-family and nonresidential buildings (the Commission may require elevations and perspective drawings);
D.
Proposed density of each use;
E.
Proposed location of screening along public roadways shown on the PD Concept Plan;
F.
Location and types of signs, including lighting and heights;
G.
Elevation drawings citing proposed exterior finish materials; and
H.
Location of solid waste collection facilities.
(4)
Streets and Sidewalks.
A.
Location and width of all rights-of-way and easements;
B.
Location and dimensions of all pavement and curbing;
C.
Location and width of all sidewalks;
D.
Location and width of all ingress/egress points;
E.
Location and width of all medians and median breaks;
F.
Location of any special traffic regulation facilities;
G.
Location of Fire Lanes; and
H.
Street names on proposed streets.
(5)
Off-Street Parking and Loading Areas.
A.
Number, location, and dimension of spaces;
B.
Type of surface material of parking facility;
C.
Dimension of aisles, driveways, maneuvering areas, and curb return radii;
D.
Distance between spaces and adjacent rights-of-way;
E.
Location of all existing and proposed fire lanes and hydrants; and
F.
Proposed lighting diagram.
(6)
Landscaping.
A.
Tree survey of major tree groupings and existing trees of 6" caliper or greater, noting species and whether they are to be removed or retained;
B.
Location and size of proposed plant materials, including paving, together with type and species of plants;
C.
Number and type of each landscape element;
D.
Height and type of all fencing or buffering;
E.
Height of all planters, sculptures, and decorative screens;
F.
Location and type of trash receptacle screening;
G.
Location and type of lighting for streets, signage, and parking areas; and
H.
Location of visibility triangles where required.
(7)
Drainage.
A.
Direction of water flow;
B.
Quantity of on- and off-site water generation;
C.
Topographic contours at a minimum of 5-foot intervals;
D.
Points of concentrated water discharge;
E.
Areas where special design and construction may be necessary due to slope or soil conditions;
F.
Location and design of all water detention and drainage areas; and
G.
Drainage ways, creeks, and limits of the 100-year floodplain and floodway as shown on current FEMA mapping or the City's master drainage plan, including location and acreage, together with a general plan for accommodating floodwaters and drainage.
(d)
Site Plan Review.
(1)
Procedure.
Site Plans shall be reviewed, and a decision rendered, by the Director, or at his prerogative the Planning and Zoning Commission, taking into consideration comments from the Plan Review Committee. The applicant may appeal the decision of the Administrator to the Planning and Zoning Commission whose decision shall be final. Such appeal must be made in writing to the Administrator within 10 business days of the Director's notification of decision to the applicant.
(2)
Criteria for Site Plan Review.
In approving or denying a Site Plan under this Article, the following criteria shall be considered:
A.
The extent to which the Site Plan fulfills the goals, objectives and standards in the City's Comprehensive Plan, Parks and Open Space Plan and Thoroughfare Plan.
B.
Safety of the motoring and pedestrian public using the facility and area surrounding the site.
C.
Safety from fire hazards and measures of fire control.
D.
Protection from flooding and water damage.
E.
Noise and lighting glare effects on adjacent neighbors.
F.
Relations of signs to traffic control and their affect on adjacent properties.
G.
Adequacy of streets to accommodate the traffic generation of the proposed development.
H.
Adequacy of off-street parking and loading facilities for the uses specified.
I.
Landscaping and screening provisions appropriately placed per code requirements.
J.
Sitting [Siting] structures and other improvements relative to required setbacks, height limitations, and other density and dimensional requirements.
K.
The impact of the proposed development on slopes, protected vegetation, the open space system, and adjacent properties.
L.
Such other measures as might secure and protect the public health, safety, morals and general welfare.
(e)
Effect of Site Plan Approval.
(1)
Site Plan Expiration.
A PD Site Plan shall terminate at the end of a two-year period unless, within such period, any of the following occurs:
A.
A Preliminary Plat is approved;
B.
A Final Plat is approved;
C.
The filing of a Final Plat in the Court of Public Record;
D.
The issuance of a Building Permit; or
E.
The approval, by City Council of a Site Plan extension.
If development of a lot or tract with an approved Site Plan has not been initiated within 2 years, or more with an extension, of its final approval, the Site Plan shall be deemed to have expired and a new review and approval of a Site Plan for development of the property shall be undertaken, and this new approval shall be required before a building permit is issued for development. This review and approval shall be evaluated according to the standards of this ordinance, taking into account all changes to the ordinance which has occurred subsequent to the prior Site Plan approval. |
(2)
Phasing Plan Expiration.
If the Site Plan is submitted in conjunction with an approved phasing plan for development of the lot or tract, the Site Plan shall be deemed to have expired if any phase is not completed within the time period approved for such phase. No Site Plan phase may be planned to exceed three years unless specifically authorized by the Planning and Zoning Commission and City Council when demonstrated that due to the size or complexity of the site the three-year time period would create a hardship. If any phase is not completed within the time period approved, the entire remaining uncompleted Site Plan shall be deemed to have expired and the provisions of Subsection A [(e)(1)] above shall be followed.
(3)
Extension of Site Plan.
Extension of an approved Site Plan may be granted by City Council, after a recommendation by the Commission, upon submission of a request for such extension by the property owner at least 30 days prior to the expiration of the plan. The Planning and Zoning Commission and City Council shall take into consideration any changes that have occurred in this ordinance subsequent to original approval of the plan and the property owner may be required to bring such plan into compliance with the current requirements. The period of time approved for any such extension shall be indicated in any approval, but in no case, shall the period for extension exceed two (2) years.
(f)
Amendment of Site Plans.
"Minor modifications" to any Site Plan may be approved by the Director. However, if the Director believes that a request for minor modification entails a significant change in the Site Plan, he may refer the request to the Commission for determination. A "minor modification" to a PD Site Plan is defined as any modification that does not:
(1)
Alter the basic relationship of proposed development to adjacent property;
(2)
Change the character of the development;
(3)
Change the uses permitted;
(4)
Increase the maximum density, floor area, or height;
(5)
Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or
(6)
Reduce the minimum yards or setbacks.
(Ordinance 2006-04-13, sec. 14.1102, adopted 4/24/06)
§ 11.03 Certificates of Appropriateness (CA).
(a)
General.
(1)
Historic Landmarks.
Except as otherwise provided for in Subsections C and D [(3) and (4)] below, no alteration, construction, reconstruction[,] restoration, rehabilitation, removal or demolition shall be allowed upon an historic landmark unless a Certificate of Appropriateness has been approved by the Historic Landmark Preservation Committee and the Planning and Zoning Commission. An applicant may appeal a final decision in accordance with Subsection (c)(5).
(2)
Historic Districts.
Except as otherwise provided for in Subsections (3) and (4) below no alteration, construction reconstruction, restoration, rehabilitation, removal or demolition which alters the exterior architectural appearance visible from a public right-of-way of a structure within a designated historic district shall be allowed unless a Certificate of Appropriateness has been recommended by the Historic Landmark Preservation Committee and approved by the Commission. An applicant may appeal a final decision in accordance with Subsection (c)(5).
(3)
Minor Exterior Alterations.
The Historic Preservation Officer shall be authorized to approve a Certificate of Appropriateness for Minor Exterior Alterations (See Definitions Article 13.00 [subsection (a)(5) of this section]). If the Historic Preservation Officer (HPO) determines that the applicant is seeking a Certificate of Appropriateness to authorize only minor exterior alterations, as referred to in this section, the staff shall review the application to determine whether the proposed work complies with the regulations contained in this section and approve or deny the application within five (5) days of receipt. However, the Historic Preservation Officer shall at his or her discretion be authorized to forward such an approval for any reason to the Historic Landmark Preservation Committee for recommendation to the Commission. An applicant may appeal either decision pursuant to the appeal process in this Section.
(4)
Emergency Repairs or Demolition.
The Building Official shall be authorized to approve temporary/emergency repairs and/or demolition for any Historical structure without the need to first obtain a Certificate of Appropriateness when such actions are appropriate to ensure the safety and welfare of the public against an eminent [imminent] threat or when failure to act in a timely manner is reasonably likely to result in significant degradation to a structure or regulated element. Such temporary/emergency repairs and/or demolitions should be limited to the extent minimally necessary to alleviate the immediate concern and done in such a manner as to be reversible to the extent practical. The Building Official shall notify the Historic Preservation Officer as soon as practical following any such action with details relating to the extent and nature of the repairs and/or demolition. This authority for temporary/emergency repairs and/or demolition shall also apply to buildings or areas nominated for landmark or historic district status (See Article 2.00).
(5)
CA Definitions.
For the purpose of this section, the following definitions shall apply:
A.
Alteration.
Any act or process that changes one or more of the exterior architectural features of a building, including but not limited to the erection, construction, reconstruction or removal of any structure.
B.
Certificate of Appropriateness.
A certificate issued by the Planning and Zoning Commission indicating its recommendation of plans for alteration, construction, removal or demolition of an historic landmark or a structure within an historic district.
C.
Certificate of Economic Hardship.
A certificate issued by the Planning and Zoning Commission upon recommendation by the HLPC approving the alteration, construction, removal or demolition of an historic landmark or a structure within an historic district, even though a Certificate of Appropriateness had previously been denied.
D.
Construction.
The act of altering or by adding an addition to an existing building or the erection of a new principal or accessory structure on a lot or property.
E.
Demolition.
The act or process that destroys in part or in whole a landmark or a structure within an historic district.
F.
Exterior Architectural Appearance.
The architectural character and general composition of the exterior of a structure, including but not limited to the type, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements.
G.
Minor Exterior Alterations.
The installation of or alteration to awnings, fences, gutters and downspouts, lighting fixtures, steps, paving or landscaping; alteration, construction, restoration or removal of any exterior architectural feature of a building or structure which does not involve any significant change in the architectural or historic value, style, general design or appearance of the building or structure; and additions or changes not visible from a public right-of-way to the rear of the main building or structure or to an accessory structure.
H.
Reconstruction.
The act or process of reproducing by new construction the exact form any [and] detail of a vanished structure.
I.
Rehabilitation.
The act or process which returns a structure to a useful state. Rehabilitation may include alterations or additions to the structure or the repair or replacement of architectural elements or features.
J.
Removal.
The act of moving a structure from its current site to another site.
K.
Repair.
Any change that is not construction, removal or alteration.
L.
Restoration.
The act or process which returns a structure to an earlier appearance. Restoration may include the removal of later additions or changes, the repair of deteriorated elements or the replacement of missing features.
M.
Structure.
Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but limited to buildings; fences; gazebos; advertising signs and billboards.
(b)
Application Required.
(1)
Prior to the issuance of any building permit, excavation permit, development permit or prior to the commencement of any work requiring a Certificate of Appropriateness, the property owner or the owner's authorized agent shall file an application for a Certificate of Appropriateness with the Historic Preservation Officer.
The application shall be completed in full, in a format and on forms as approved by ordinance, policy or procedure of the City. The Historic Preservation Officer shall be authorized at any time to reject an application or deny it for any of the following reasons:
(2)
No building permit shall be issued for such proposed work until a Certificate of Appropriateness or a Certificate of Economic Hardship (see Subsection 3.4 [(d)] below) has been issued. This requirement shall be in addition to any building permit or other development permit that may be required by any other ordinance of the City.
(c)
Certificate of Appropriateness Review and Appeals Procedures.
(1)
First Review.
The Historic Preservation Officer or the HLPC as appropriate, shall review an application for a Certificate of Appropriateness no later than forty-five (45) days following the receipt of an administratively complete application. The applicant or designated representative shall be afforded an opportunity to submit evidence and/or testimony related to the pending action for this review consistent with adopted rules policies or procedures. Evidence in addition to the application submittal including but not limited to expert opinion, historic documents, photographs, maps, reports, and testimonials reasonably relevant to the application may be considered by the authority considering an application.
(2)
Planning and Zoning Commission Review of Historic Landmarks.
For properties designated as Historic Landmarks, a review and approval by the Planning and Zoning Commission based on a recommendation by the HLPC shall be required for the issuance of the Certificate of Appropriateness. The Planning and Zoning Commission shall consider the application within forty-five (45) days following action by the HLPC. The Planning and Zoning Commission shall approve, approve subject to modification or deny the request. The action of the P&Z shall be a final decision subject to appeal as specified in Subsection 3.3 E [(c)(5)] (below).
(3)
Failure to Act.
In the event that a final decision is not acted on within 180 days, a building or development permit may be granted.
(4)
Decisions in Writing.
All final decisions shall be in writing noting if the application was approved, denied or approved subject to modifications. A copy of the written notification shall be sent by regular U.S. mail to the applicant at the address indicated on the application within ten (10) business days following the date of the final decision. Either a certified copy of the official meeting minutes or a notification letter signed by the Historic Preservation Officer may be used to satisfy this requirement.
(5)
Appeals.
An applicant, property owner or authorized agent of a property owner may appeal any final approval, approval subject to modification or denial of a Certificate of Appropriateness, or they may apply for a Certificate of Economic Hardship. (See Subsection 3.4 [(d)] below) All requests for an appeal shall be in writing and filed with the Historic Preservation Officer within ten (10) days from the date of the final decision. A request for appeal shall identify the name and address of the person making the appeal and shall include a statement indicating the basis for the appeal. An appeal is considered a separate request and an additional fee may be required. A previous final decision may be affirmed, affirmed in part, modified or reversed by the appealing authority.
A.
Timing.
The appealing authority shall consider the appeal within thirty (30) days of the filing of the appeal with the Historic Preservation Officer. However, the City Council shall consider an appeal within forty-five (45) days of the date of the filing of the appeal.
B.
Failure to Act.
In the event that the request is not formally considered in accordance with the time limits specified the request will be considered approved.
C.
Actions Final.
The decision of the City Council on a request for an appeal shall be final.
(d)
Certificate of Economic Hardship Application Procedures.
(1)
Application.
Upon receipt of written notification of the denial of a Certificate of Appropriateness, an applicant may apply to the HLPC for a Certificate of Economic Hardship. No building demolition or development permit (except as specified in Subsections 3.1 C or 3.1 D [(a)(3) or (4)] above) shall be issued unless the Commission upon recommendation by the HLPC makes a finding that a hardship exists. All requests for a Certificate of Economic Hardship shall be in writing and filed with the Historic Preservation Officer within ten (10) days from the date of the final decision. A request for a Certificate of Economic Hardship is considered a separate request and an additional fee may be required.
(2)
Findings.
To affirm a claim of economic hardship the owner or authorized agent shall demonstrate that all of the following are true.
A.
The property is incapable of earning a reasonable return with its current use or configuration, regardless of whether that return represents the most profitable return possible;
B.
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
C.
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(3)
Timing of Consideration.
The HLPC shall consider the request within forty-five (45) days of receipt of an administratively complete application. The HLPC may solicit expert testimony and/or require that the applicant for a Certificate of Economic Hardship submit any or all of the following information prior to making a determination on the application:
A.
An estimate of the cost of the proposed construction, alteration, demolition or removal; and an estimate of any additional cost that would be incurred to comply with the conditions of the HLPC required for the issuance of a Certificate of Appropriateness.
B.
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
C.
Estimated market value of the property in its current condition after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the HLPC; and in the case of a proposed demolition, after renovation of the existing property for continued use.
D.
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse or the existing structure on the property.
E.
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.
F.
All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.
G.
Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years.
H.
The assessed value of the property according to the two most recent certified tax rolls.
I.
Real estate taxes paid for the previous two years.
J.
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
(4)
Failure to Act.
In the event that the request is not formally considered in accordance with the time limits specified the request will be considered approved.
(5)
Decisions in Writing.
All decisions of the HLPC shall be in writing. Written notice of the determination shall be sent to the applicant within ten (10) days of the date of decision of the HLPC. Copies of the decision shall be filed in the building permit file.
(6)
Appeal.
The denial of an application for a Certificate of Economic Hardship may be appealed in the same manner as described for a denial of a Certificate of Appropriateness.
(Ordinance 2006-04-13, sec. 14.1103, adopted 4/24/06)
§ 11.04 Development Code Text Amendments.
(a)
Purpose and Authority.
The City Council may, from time to time, on its own motion, or by request of the Planning and Zoning Commission, the Director or the City Engineer, amend, supplement, or change the regulations established in the Zoning Ordinance.
(b)
Procedures.
(1)
Action by the Planning and Zoning Commission.
The Planning and Zoning Commission shall give appropriate notice and hold a public hearing. The commission shall approve, deny or modify the amendment and forward its report and recommendation to the City Council.
(2)
Action by the City Council.
The Council shall give appropriate notice and hold a public hearing and has final authority to adopt or deny any proposed amendment.
(Ordinance 2006-04-13, sec. 14.1104, adopted 4/24/06)