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Lancaster City Zoning Code

ARTICLE 5

00 DISTRICT DEVELOPMENT REGULATIONS AND STANDARDS

§ 5.01 General.

(a) 
Purpose.
In addition to the requirements contained in this Chapter regarding lot size and uses, the provisions of this article regarding development regulations and standards shall apply. The standards in this subsection are intended to achieve the following goals:
(1) 
To provide well-planned growth and development, while retaining the natural setting and small-town character of the City.
(2) 
To promote and respect conservation development and the enhancement of important natural features and resources within the community.
(3) 
Encourage development of high-quality residential neighborhoods that are aesthetically pleasing, yet meet the diverse housing market needs of the community.
(4) 
Encourage quality nonresidential development that is aesthetically pleasing, yet meets the market and economic development needs of the community.
(5) 
Ensure that utility and infrastructure systems (e.g., water supply, wastewater treatment, storm drainage, etc.) will adequately serve present and future residents and businesses.
(6) 
Ensure that public services and facilities (e.g., police and fire protection, library services, administrative facilities, etc.) will adequately serve present and future residents and businesses.
(7) 
Promote a more livable City and high quality of life through attractive urban design practices and through a proactive approach to how the City looks. Reinforce Lancaster's image and identity as a community of excellence in business, residence, leisure and education through urban design and increased public awareness and involvement.
A. 
To be a full life-cycle city; providing opportunities for housing for families with children as well as for singles, the young and the elderly in proximity to services.
B. 
To promote the creation of attractive sustainable neighborhoods and commercial areas.
(b) 
Open Space.
(1) 
Applicability.
This provision applies to all zoning districts and development in the City.
(2) 
Purpose.
The City of Lancaster is planned to have a small town atmosphere and be environmentally friendly. Open space corridors and trails are intended to link major areas of the City using floodplain areas, drainage areas and roadways. Because of the importance of open space and recreational amenities to commercial and residential vitality of the City, all projects should contribute to the open space system as established in the City's Comprehensive Plan, Parks Plan and Thoroughfare Plan.
(3) 
Requirement.
All projects in the City should reserve, dedicate and/or develop public open space consistent with the Open Space Plan, subdivision standards and development agreements.
(c) 
Site Plans.
(1) 
Approval of a Site Plan shall be required for all developments except individual single-family and duplex lots and shall be accompanied by a proposed development schedule. Any owner, builder, or developer of a tract or parcel of land shall obtain an approved Site Plan for the proposed development, prior to issuance of a Building Permit, from the Director, providing for an appeal of denial to the Planning and Zoning Commission. The contents of this Site Plan shall comply with the requirements as specified in Article 11.00 Zoning-Related Applications. Upon approval, such development shall comply with the approved plan.
(2) 
Site Plans for stand-alone retail buildings larger than 25,000 s.f. shall demonstrate how the property might be utilized with multiple smaller tenants.
(d) 
Lots With Multiple Frontages.
Where lots have multiple frontages on one or more streets, the required front yard shall be provided on each street.
Land--Image-2.tif
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(e) 
Calculation of Density.
Calculation of the allowable density shall be based on the gross site area including road right-of-way, floodplain, and open space and park areas that will be dedicated to the City or preserved and maintained by some other mechanism. Notwithstanding the calculation, other provisions of this Code may limit the actual density allowed on any given site.
(f) 
Screening of Mechanical and Electrical Equipment.
Mechanical and electrical equipment on the ground or roof shall be screened from view of adjacent properties and all public areas unless otherwise approved by the Planning and Zoning Commission.
(g) 
Residential Adjacency Standards.
(1) 
Purpose.
The general objectives of residential adjacency standards are to preserve and protect the integrity, enjoyment and property values of residential neighborhoods within the City of Lancaster, through the establishment of standards for certain nonresidential uses that may impact surrounding residential land uses. These standards are in addition to the development regulations applicable to the underlying zoning district. When any requirements in this section are in conflict with any other requirements for the underlying zoning district, the more restrictive requirements shall apply.
(2) 
Applicability.
A. 
The Residential Adjacency Standards shall apply when a use is proposed for a nonresidential building or site that is within five hundred feet (500') of a residential district boundary.
B. 
Review of proposals for compliance with the Residential Adjacency Standards will be carried out in conjunction with Site Plan review, depending on whether or not the actual use of the site is known.
(3) 
Standards.
A. 
Pedestrian Accessibility.
Where feasible, easy and attractive pedestrian access should be provided between the retail or service use and adjacent neighborhoods. This may include lining the pedestrian way with retail and residential uses.
B. 
Noise.
1. 
Any use containing individual service speakers shall not be permitted within one hundred fifty feet (150') of any residential district unless the speaker is appropriately screened and shall meet the standards established in Article 7.00 [section 7.04] Noise. The Planning and Zoning Commission may require wing walls, landscape screens, changes in building orientation, and/or other design elements to screen and minimize the impact of individual service speakers.
2. 
Any use containing public address/paging systems shall not be permitted within five hundred feet (500') of any residential district unless separated by a four-lane or larger thoroughfare.
C. 
Loading Spaces.
1. 
Where adjacent to residential districts, off-street loading areas shall be fully screened from view of the residential district.
2. 
The Director may require wing walls, landscape screens, changes in building orientation, and/or other architectural elements to minimize the impact of uses containing loading docks within one hundred fifty feet (150') of any residential district.
D. 
Vehicular Service Bays.
1. 
All vehicular service bays within one hundred fifty feet (150') of a residential district shall face away from adjacent residential districts unless separated by a building or permanent architectural feature of minimum height matching the height of the service bays.
2. 
Walls separating service bays from a residential district shall be of masonry or reinforced concrete with no openings.
3. 
The Director may require wing walls, landscape screens, changes in building orientation, and/or other design elements to minimize the impact of service bays within one hundred fifty (150') of a residential district.
4. 
No use including outdoor vehicular repair, servicing or testing shall be permitted within one hundred fifty feet (150') of a residential district.
E. 
Small Engine Repair Shops.
Small engine repair shops shall not be permitted within one hundred fifty feet (150') of a residential district unless all repair, service, and testing activities are done in a fully enclosed building.
F. 
Motorcycle Sales/Service.
Motorcycle sales/service facilities shall not be permitted within one hundred fifty feet (150') of a residential district unless all repair, service, and testing activities are done in a fully enclosed building.
G. 
Car Wash and Fuel Dispensing Facilities.
1. 
Car wash and fuel dispensing facilities shall not be permitted within one hundred fifty feet (150') of a residential district.
2. 
Where car wash and fuel dispensing facilities are within three hundred feet (300') but greater than one hundred fifty feet (150') of a residential district, the Planning and Zoning Commission may require wing walls, landscape screens, and/or other design elements to screen and minimize the impact of such facilities.
H. 
Combination Gas Station, Fast-Food Restaurant, Convenience Store.
1. 
Combination gas station, fast-food restaurant, convenience store shall not be permitted within one hundred fifty feet (150') of a residential district.
2. 
Where combination gas station, fast-food restaurant, convenience stores are within three hundred feet (300') but greater than one hundred fifty (150') of a residential district, the Planning and Zoning Commission may require wing walls, landscape screens, and/or other design elements to screen and minimize the impact of such facilities.
(4) 
Review.
The following information shall be submitted in order to facilitate the review:[1]
A. 
All information and procedures as required by Site Plan Review in Article 11.00 Zoning-Related Applications.
B. 
Location of pedestrian circulation, building locations and build-to lines.
C. 
Points of access for vehicles and general location of parking areas.
D. 
Location and description of any existing and proposed exterior speaker systems to include information about the height, octave and decibel band ranges of each fixture.
E. 
Information indicating the location and orientation of all off-street loading spaces.
F. 
Information indicating the location and orientation of all vehicular service bays.
G. 
Information indicating the location and description of existing and proposed screening.
[1]
Original has this as Subsection (3).
(h) 
Reserved for future use.
Editor's note–Subsection (h), Fences, was repealed by Ordinance 2011-03-06.
(i) 
Chart of District Standards.
The following chart of District Standards shall govern those standards listed unless in conflict with other provisions of this Development Code.
District
Old District Name
Minimum Density 43,560
Dwellings Per Lot
Minimum Sq. Ft./ Dwelling
Front Yard Setback
Rear Yard Setback
Side Yard Setback
Max. Building Height
AO
A-O
1 Unit/5 acres
1 Unit1
NA
40 ft.
25 ft.
10% of lot width, not to exceed 50 ft.2,3,5
35 ft.
SF-E
SF-ED
1 Unit/acre
1 Unit1
2,100 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-2
NA
2 Units/acre
1 Unit
2,100 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-4
SF-1A
4 Units/acre
1 Unit1
2,100 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-5
SF-1
5 Units/acre
1 Unit1
1,750 sq. ft
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-6
SF-2/SF-3
6 Units/acre
1 Unit
1,750 sq. ft.
30 ft.
10 ft.2,3,5
5 ft.2,3,5
35 ft. and 2.5 stories4
ZL-7
SF-ZL
7 Units/acre
1 Unit
1,750 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
2F-6
2F-1
6 Units/acre
2 Units
1,200 sq. ft./1,000 sq. ft.7
30 ft.
10 ft.2,3,5
7 ft.2,3,5
35 ft. and 2.5 stories4
TH-16
SF-A
16 Units/acre
1 Unit
1,500 sq. ft.
25 ft.
10 ft.2,3,5
0 or 10 ft.2,3,5
35 ft. and 2.5 stories4
MH
MH-1
6.6 Units/acre
NA
1,3500 [sic] sq. ft.
30 ft./15 ft.8
10 ft.2,3,5
5 ft.2,3,5
35 ft. and 2.5 stories4
MF-16
MF
16 Units/acre
NA
800 sq. ft. plus 100 sq.ft./BR
30 ft.
10 ft.3
10 ft.2,3,5
35 ft. and 2.5 stories4
NS
NS
0.5:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 10 ft.2,3,5
35 ft. and 2.5 stories4
R
R
NA
 
 
25 ft.
0 ft./20 ft.9
0 or 10 ft.2,3,5
35 ft. and 2.5 stories4
CH
CH/ CT/CTH
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
140 ft./60 ft.11
CS
C
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 30 ft.2,3,5
35 ft. and 2.5 stories4
TX
NA
(Place holder)
 
 
 
 
 
 
ORT
NA
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
35 ft.
LI
LI
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
65 ft.
MI
HI
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
65 ft.
TND
NA
NA
 
 
 
 
 
 
District
Old District Name
Minimum Density 43,560
Dwellings Per Lot
Minimum Sq. Ft./ Dwelling
Front Yard Setback
Rear Yard Setback
Side Yard Setback
Max. Building Height
AO
A-O
1 Unit/5 acres
1 Unit1
NA
40 ft.
25 ft.
10% of lot width, not to exceed 50 ft.2,3,5
35 ft.
SF-E
SF-ED
1 Unit/acre
1 Unit1
2,100 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-2
NA
2 Units/acre
1 Unit
2,100 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-4
SF-1A
4 Units/acre
1 Unit1
2,100 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-5
SF-1
5 Units/acre
1 Unit1
1,750 sq. ft
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
SF-6
SF-2/SF-3
6 Units/acre
1 Unit
1,750 sq. ft.
30 ft.
10 ft.2,3,5
5 ft.2,3,5
35 ft. and 2.5 stories4
ZL-7
SF-ZL
7 Units/acre
1 Unit
1,750 sq. ft.
30 ft.
10 ft.2,3,5
10 ft.2,3,5
35 ft. and 2.5 stories4
2F-6
2F-1
6 Units/acre
2 Units
1,200 sq. ft./1,000 sq. ft.7
30 ft.
10 ft.2,3,5
7 ft.2,3,5
35 ft. and 2.5 stories4
TH-16
SF-A
16 Units/acre
1 Unit
1,500 sq. ft.
25 ft.
10 ft.2,3,5
0 or 10 ft.2,3,5
35 ft. and 2.5 stories4
MH
MH-1
6.6 Units/acre
NA
1,3500 [sic] sq. ft.
30 ft./15 ft.8
10 ft.2,3,5
5 ft.2,3,5
35 ft. and 2.5 stories4
MF-16
MF
16 Units/acre
NA
800 sq. ft. plus 100 sq.ft./BR
30 ft.
10 ft.3
10 ft.2,3,5
35 ft. and 2.5 stories4
NS
NS
0.5:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 10 ft.2,3,5
35 ft. and 2.5 stories4
R
R
NA
 
 
25 ft.
0 ft./20 ft.9
0 or 10 ft.2,3,5
35 ft. and 2.5 stories4
CH
CH/ CT/CTH
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
140 ft./60 ft.11
CS
C
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 30 ft.2,3,5
35 ft. and 2.5 stories4
TX
NA
(Place holder)
 
 
 
 
 
 
ORT
NA
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
35 ft.
LI
LI
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
65 ft.
MI
HI
1:1 FAR
 
 
25 ft.
0 ft./20 ft.9
0 or 20 ft.2,3,5
65 ft.
TND
NA
NA
 
 
 
 
 
 
(Ordinance 2006-04-13, sec. 14.501, adopted 4/24/06; Ordinance 2006-11-43, sec. 4, adopted 11/13/06; Ordinance 2011-03-06 adopted 3/14/11; Ordinance 2019-06-21 adopted 6/10/19; Ordinance 2021-06-23 adopted 6/28/21)

§ 5.02 Agriculture-Open Space District.

(a) 
Agriculture (AO) District.
(1) 
Purpose.
The Agricultural District is a reserved area in which the future growth of the City might occur. It is the intent of this district that agricultural land be held in that use for as long as is practical and reasonable to promote orderly growth. This zoning is suitable for areas where development is premature because of a lack of utilities, capacity, or service, or where the ultimate land use has not been determined.
The zone is also to be used:
A. 
To protect those areas that are unsuitable for development because of physical problems or potential health or safety hazards such as flooding. The use of the land would be permanently restricted to low-intensity agricultural uses until such time as the property is proven to be suitable for development and is rezoned.
B. 
To provide a permanent greenbelt to preserve natural areas or open space buffer around uses that might otherwise be objectionable or pose environmental or health hazards.
C. 
No uses should be allowed that would be detrimental to urban land uses.
(2) 
Permitted Uses.
In general, farming and ranching-related activities and accessory uses, including the owner's single-family dwelling on 5 acres or more provided that it can be served by septic and water provided on-site, shall be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(Ordinance 2006-04-13, sec. 14.502, adopted 4/24/06)

§ 5.03 Residential Districts.

(a) 
General Residential District Standards–All residential districts.
(1) 
Residential Unit Diversity.
A. 
Requirement for Single-Family Districts.
In order to ensure a diversity of housing types for young couples, empty-nesters and retirees, a portion of the total number of lots and units in certain Single-Family zoning districts shall meet the following Empty-Nester Unit requirements:
1. 
In residential subdivisions in SF-4, SF-5 and SF-6 zoning districts, developments of 20 or more acres in size shall contain 20 percent Empty-Nester Units.
2. 
The portion of the development not being developed as Empty-Nester Units shall be developed at the densities specified in the base zoning district.
3. 
Empty-Nester Units shall include single-family lots or two-story townhouses and a characterized as single-family living units.
4. 
Empty-Nester Units shall be designed and built to appear like any traditional large home.
(2) 
Residential Facing Streets.
Newly created residential subdivisions shall face or side homes on to streets and open space. Such subdivisions shall not be designed or laid out in a manner that will result in placing the rear of homes next to roadways. This may be achieved on major roadways by utilizing large lots (capable of including additional parking and on-site maneuvering), eyebrows, slip streets or courts. (See Figure, Facing Homes on to Major Streets.)
Land--Image-4.tif
Exterior Wall Materials.
1. 
All buildings of 300 s.f. or more and over nine feet (9) tall shall have exterior walls constructed of at least eighty percent (80%) standard masonry construction, excluding windows and doors. Hardy Plank or similar cementaceous material may be used for up to 50% of the masonry requirement. Buildings with less than 80% shall require approval of the Planning and Zoning Commission.
2. 
Buildings less than 300 s.f. and under 9 feet in height may be constructed with non-masonry materials, or may be all metal with a baked-on pre-painted surface, but must be screened from a public street or open space.
3. 
Exceptions to these requirements, including buildings for farm animals, may be permitted on a case-by-case basis by the Planning and Zoning Commission upon submission and approval of elevation drawings of the subject structure, and material samples.
4. 
Barns used for agricultural or farm animal purposes in AO districts are excluded from this masonry requirement.
(3) 
Residential Garages and Carports.
A. 
Garages.
In single-family or duplex districts, parking garages must be located off an alley; or if accessed from the front street, must be located at least 20 feet behind closest corner of the front building facade for front entry garages, unless it is a "J-Swing" garage where the garage door is perpendicular to the street. "J-Swing" garages may only be permitted on lots which are 60 or more feet in width.
B. 
Carports.
In single-family or duplex districts, carports must be located at least 20 feet behind the front building facade and be architecturally integrated with the main residential structure.
C. 
Porte-cocheres.
Porte-cocheres may be permitted provided that they are architecturally integrated with the primary structure.
D. 
Height.
The garage or carport, attached or unattached, may not exceed the height of the main structure.
(4) 
Residential Portable and Accessory Building Setbacks.
(Reserved)
Editor's note–Section 4 of Ordinance 2008-11-47, pertaining to residential portable and accessory building setbacks, purported to delete subsection 14.502(a)(4) (5.02(a)(4)). There was no such subsection. The amendment has been incorporated as deleting subsection 14.503(a)(4) (5.03(a)(4)).
(b) 
Neighborhood Infill Standards.
(1) 
Intent.
The intent of Infill Standards is to preserve the community's special neighborhood areas and to:
A. 
Ensure compatible development on vacant lots and redevelopment of parcels, with the existing fabric of the neighborhood.
B. 
Preserve and enhance the neighborhood's unique character, and preserve property values.
(2) 
Applicability.
These standards apply to neighborhoods which were subdivided into individual residential lots of 20,000 s.f. or less, prior to 1960.
(3) 
Standards.
A. 
Setbacks.
The setback from the front and side property lines shall be in the order of the average setbacks of other developed properties on the same block face. In no case shall the setback exceed or be less than any other property on the block face.
B. 
Parking.
On-site parking and the location of the residential garage shall conform to the predominant location in relationship to the site and primary building, as other sites on the block face.
C. 
Roof style and pitch.
The roof style and pitch shall conform to the typical roofs in the block face.
D. 
Exterior Building Materials.
Building materials shall reflect the materials in common use along the block face. However, Hardie Plank or a similar cementatious-fiberboard plank in terms of warranty and finish may be used in place of wood siding. Such siding shall be similar in width and scale to the predominant siding on the block face.
E. 
Amenities.
Front porches, windows on the street, and chimneys may also be required, where they are common in the block face or neighborhood.
F. 
Exceptions.
The following projects are exempt from the requirements of this subsection:
1. 
Any property that is being rebuilt within the original footprint and to within 10% of the same building area with the same exterior configuration and materials, and
2. 
Any property located in a Neighborhood Preservation Overlay or Historic District.
(4) 
Determination of Conformity.
A. 
The Director shall determine whether the proposed infill development meets the standards of this subsection; or at his/her discretion, may refer such determination to the Commission.
B. 
An appeal of the Director's determination may be made to the Commission by the applicant. The Commission may, at its discretion, relax the standards above provided that it determines that the resulting development would be more appropriate and have a greater enhancement value for the block face and neighborhood.
C. 
The Commission's decision may be appealed to the City Council, whose determination shall be final.
(c) 
[Reserved]
Editor's note–Subsections (c) through (j) were renumbered and amended by Ordinance 2019-06-21.
(d) 
Single-Family Estate (SF-E) District.
(1) 
Purpose.
A. 
This district is considered to be the proper zoning classification for large lot developments for single-family dwelling use in a rural setting with one (1) unit per acre.
B. 
Areas that are zoned for this use shall have or provide for water, wastewater, drainage and access to paved streets.
C. 
It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
(2) 
Permitted Uses.
In general, large lot single-family uses shall be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.
(e) 
Single-Family Residential-2 District.
(1) 
Purpose.
A. 
This district is considered to be the proper zoning classification for large lot developments for single-family dwelling use. It is intended to be composed of two (2) units per acre single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units.
B. 
Areas that are zoned for this use shall have or provide for water, wastewater, drainage and access to paved streets based on single-family use required by the allowed density.
C. 
It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
(2) 
Permitted Uses.
In general, single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards. No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.[1]
[1]
Original has this as Subsection (c).
(f) 
Single-Family Residential-4 (SF-4) District.
(1) 
Purpose.[2]
A. 
This district is considered to be the proper zoning classification for large lot developments for single-family dwelling use. It is intended to be composed of four (4) units per acre single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units.
B. 
Areas that are zoned for this use shall have or provide for water, wastewater, drainage and access to paved streets based on single-family use required by the allowed density.
C. 
It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
[2]
Original has this as Subsection (2).
(2) 
Permitted Uses. In general, single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.[3]
[3]
Original has this as Subsection (d).
(3) 
Special Standards. No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.[4]
[4]
Original has this as Subsection (e).
(g) 
Single-Family Residential-5 (SF-5) District.
(1) 
Purpose.[5]
A. 
This district comprises a major portion of the existing single-family dwelling development of the City. It is intended to be composed of five (5) units per acre single-family dwellings together with public, denominational and private schools and public parks essential to create basic neighborhood units.
B. 
Areas that are zoned for this use shall have or provide for water, wastewater, drainage and transportation capacities based on single-family use required by the allowed density.
C. 
It is intended for areas that properly transition to retail and service uses, and are protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
[5]
Original has this as Subsection (3).
(2) 
Permitted Uses. In general, single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.[6]
[6]
Original has this as Subsection (4).
(3) 
Special Standards. No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Residential Districts [section 5.03] of this ordinance.[7]
[7]
Original has this as Subsection (5).
(h) 
Single-Family Residential-6 (SF-6) District.
(1) 
Purpose.[8]
A. 
This district is considered to be the proper zoning classification for areas of the undeveloped land remaining in the City appropriate for single-family dwelling use. It is intended to be composed of six (6) units per acre single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units.
B. 
Areas that are zoned for this use shall have or provide for water, wastewater, drainage and transportation capacities based on single-family use required by the allowed density.
C. 
It is intended for areas that properly transition to retail and service uses, and are protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
[8]
Original has this as Subsection (6).
(2) 
Permitted Uses. In general, single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.[9]
[9]
Original has this as Subsection (7).
(3) 
Special Standards. No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.[10]
[10]
Original has this as Subsection (8).
(i) 
Duplex (Two-Family) Residential (2F-6) District.
(1) 
Purpose.[11]
A. 
The Two-Family/Duplex Residential District is established to provide adequate space and site diversification for medium density, duplex type residential development with two dwelling units per lot and 6 units per acre, and at almost twice the density of a typical single-family development, and to adjust the development standards accordingly.
B. 
Duplex type development is a low to medium density use, and additional requirements for streets, water and fire protection, wastewater, drainage, and adequate open space shall be met before development to such use.
C. 
Duplex developments are not necessarily a buffer between single-family and commercial uses, and should properly transition to from nonresidential uses like retail and service, and be protected from high volumes of nonresidential traffic, or from pollution and/or environmental hazards.
[11]
Original has this as Subsection (9).
(2) 
Permitted Uses. In general, single-family and duplex dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.[12]
[12]
Original has this as Subsection (10).
(3) 
Special Standards. No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.[13]
[13]
Original has this as Subsection (11).
(j) 
Zero Lot Line Residential (ZL-7) District.
(1) 
Purpose.[14]
A. 
The Zero Lot Line Residential District is established to provide adequate space and site diversification for medium density residential development that is single-family, on separate lots, and typically owner occupied.
B. 
Zero Lot Line development is a medium density use with seven (7) units per acre. The increased requirements for street, water and fire protection, wastewater, drainage, and adequate open space should be met or provided for before zoning to this district.
C. 
Zero Lot Line developments must properly transition to retail and service uses, and be protected from high volumes of non-single-family traffic, or from pollution and/or environmental hazards.
[14]
Original has this as Subsection (12).
(2) 
Permitted Uses. In general, single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.[15]
[15]
Original has this as Subsection (13).
(3) 
Special Standards. No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.[16]
[16]
Original has this as Subsection (14).
(k) 
Town House Residential-16 (TH-16) District.
(1) 
Purpose.
A. 
The Town House Residential District is established to provide adequate space and site diversification for high density residential development that is single-family, on separate lots, and typically owner occupied.
B. 
Townhouse type development is a high density use with sixteen (16) units per acre, and additional requirements for streets, water and fire protection, wastewater, drainage, and adequate open space shall be met before development of such use.
C. 
Townhouse developments can provide a buffer or transition between single-family and commercial uses like retail and service, but should be properly protected from pollution and/or environmental hazards.
(2) 
Permitted Uses.
In general, single-family dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
A. 
No more than six dwelling units should be attached in any continuous row or group of units; however this may be varied if specifically addressed and approved as part of the Site Plan.
B. 
No required parking shall be allowed in the required front yard.
C. 
No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.
D. 
Articulation Requirements.
Individual units should be articulated to distinguish them from each other. Facades shall meet the following minimum standards for articulation:
1. 
Horizontal Articulation.
No building wall shall extend for a distance equal to 2 times the wall's height without having an offset of 20% of the wall's height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane.
2. 
Vertical Articulation.
Each must include at least one of the following which varies from the adjacent unit: a varied eave line elevation, a gable, articulated stoop, entry feature or other approved variation which may be approved by the Director.
3. 
The Director or the Planning and Zoning Commission may vary these standards through approval of a particular design elevation, upon determining a "finding" that the composite elevation of townhomes will be improved and made more attractive by varying such standards.
(l) 
Multi-Family Residential-16 (MF-16) District.
(1) 
Purpose.
A. 
The Multi-Family Residential District is established to provide adequate space and site diversification for medium density areas with sixteen (16) units per acre.
B. 
All Multi-family districts should be located within 1,200 feet of retail and other services; and no more than 500 units should be located within one mile of each other. These standards will help support a strong market for the units, and consequently ongoing reinvestment, while helping to make sure that inappropriate concentrations of multi-family units are not created. The Downtown area is exempted from the spacing standard.
C. 
This zone allows medium density developments, and should be located where additional requirements for streets, water and fire protection, wastewater, drainage, and adequate open spaces are met. MF-16 uses should not run traffic through single-family neighborhoods, and should be located close to arterial or collectors capable of carrying the additional traffic.
D. 
Multi-Family developments are not necessarily a buffer between single-family and commercial uses, and should be property buffered from pollution and/or environmental hazards.
(2) 
Permitted Uses.
In general, duplex and apartment dwellings together with public, denominational and private schools, and public parks essential to create basic neighborhood units, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
A. 
Refuse Facilities.
Every dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility; measured along the designed pedestrian and vehicular travel way.
B. 
Open Space.
Each lot of parcel of land, which is used for multi-family residents, shall provide open space on the same lot or parcel of land. Such open space shall be landscaped and improved for use by residents in engaging in recreation or social activity:
1. 
Efficiency apartments and one-bedroom apartment units shall provide a minimum of 500 s.f. of usable open space per unit. For each additional bedroom over one (1), an addition[al] 300 s.f. shall be provided.
2. 
In meeting this requirement, a credit of 3 s.f. may be applied for each square foot utilized for swimming pools and adjacent decks, patios or lounge areas within 10 feet of a pool; developed or equipped children's play areas; and usable portions of recreational buildings. At the time of Site Plan approval, the Planning and Zoning Commission and/or City Council may allow a credit not to exceed 10% of the total required usable open space for adjacent and immediately accessible public parks or open space. The combined credit for areas calculated at a 3:1 basis and for public parks shall not exceed 50% of the total usable open space for an individual lot or parcel.
3. 
At the time of Site Plan approval, the Planning and Zoning Commission and/or City Council may give full or partial credit for open areas that exceed a 4:1 slope, it is determined that such areas are environmentally significant and that their preservation would enhance the development.
C. 
Other Standards.
No building or land may be used, unless in accordance with the development standards in this Article 5.00 General [section 5.01] and Article 5.00 Residential Districts [section 5.03] of this ordinance.
(Ordinance 2006-04-13, sec. 14.503, adopted 4/24/06; Ordinance 2014-12-26, sec. 1, adopted 12/8/14; Ordinance 2019-06-20 adopted 6/10/19; Ordinance 2019-06-21 adopted 6/10/19)

§ 5.04 Commercial Districts.

(a) 
General Commercial District Standards.
(1) 
Mixed Use.
Retail properties comprised of a total of 10 acres or more and zoned NS or R, may include residential loft units with a minimum of 800 s.f. in size and 2-story townhouses which are a minimum 1,200 s.f. in size, provided that they are integrated with the retail development and included on the approved Site Plan for the development. Such residential use may comprise up to 50% of the total amount of development on the site.
(2) 
Construction Materials.
A. 
Exterior Walls.
Each exterior wall shall consist of 100% masonry materials as defined in Article 13.00 Definitions - Masonry, excluding doors and windows, on walls which are visible from a public street or open space.
All buildings shall have exterior walls constructed of stone, brick, glass block, tile, cast metal, cast or cultured stone, or a combination of those materials. The use of other cementaceous products (e.g. stucco, Hardy Plank, or other similar materials approved by the Building Official) shall be limited to 50% of the building's exterior finishes where it will be applied under the highest standards for quality and durability. However, stucco may not be located in the first 8 feet above grade on a facade visible from a street or public area.
Exceptions to this requirement may be permitted on a case-by-case basis by the Planning and Zoning Commission or City Council upon submission and approval of elevation drawings of the subject structure, and material samples.
(3) 
Maximum Building Height.
A. 
All Districts.
The height limit for all structures shall be as established in the Districts governing the property on which the structures are located, and the exceptions to height setback standards below.
B. 
Building Height and Setback Exceptions for Commercial Districts.
Exceptions. The following features may be constructed 12 feet higher than the maximum height requirement of the zoning district in which the structure is located:
1.
Chimneys, church spires, elevator shafts, and similar appendages not intended as places of occupancy or storage.
2.
Flag poles and similar devices.
3.
Heating and air conditioning equipment, solar collectors and similar equipment, fixtures, and devices.
Provided that they are:
1.
Not more than one-third of the total roof area; and
2.
Set back from the edge of the roof a minimum distance of two feet for every foot by which such features extend above the roof surface of the building to which they are attached.
(4) 
Building Articulation.
A. 
Requirements.
Facades shall meet the following minimum standards for articulation:
1. 
Horizontal Articulation.
No building wall shall extend for a distance equal to 3 times the wall's height without having an offset of 25% of the wall's height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane.
2. 
Vertical Articulation.
No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wall's height.
FIGURE 1. COMMERCIAL BUILDING ARTICULATION EXAMPLE
Land--Image-5.tif
(5) 
General Standards.
A. 
These criteria shall apply to new retail/office building construction in commercial districts only. They shall not apply to the use, re-use, modification or consolidation of existing retail and/or commercial space developed prior to November 1, 2004 or to the expansion of existing retail space existing as of November 1, 2004 by no greater than 10% of the existing ground floor area.
B. 
Buildings should be built adjacent to roadways and pedestrian routes without intervening parking areas.
C. 
Loading docks shall not be oriented towards streets, public open space or residential zoning districts. Where loading areas are located parallel to residential zoning districts, they must be screened by an architecturally integrated minimum 14-foot tall wall the entire length of the loading space.
D. 
On-Site Circulation.
1. 
On-site circulation should minimize the conflict between pedestrians and vehicles by placing driveways and service areas in locations that reduce the chance of interrupting on-site pedestrian movement.
2. 
Buildings should be placed in a manner that screens the drive-through lanes and creates pedestrian pathways and spaces.
3. 
In order to maintain on-site circulation, each drive-through lane is to be separate from pump islands and from routes necessary for entering and exiting the property.
E. 
Where the property immediately abuts a residential zoning district, unless separated by a four-lane or larger thoroughfare, a minimum 10-foot wide landscaped edge must be installed for buildings 25,000 square feet to 50,000 square feet in area, a minimum 15-foot wide landscaped edge for buildings 50,001 square feet to 79,999 square feet in area and a minimum 30-foot wide landscaped edge for buildings 80,000 square feet and greater in area in addition to the screening required by the Landscape Regulations of the City of Lancaster for all aforementioned building sizes. The landscaped edge must include a combination of sidewalks, evergreen shrubs, and a mix of evergreen and deciduous trees (minimum 4" caliper) placed a minimum 25 feet on center. Planting may be grouped.
F. 
Open storage areas shall be connected to the building and screened with the same building materials as the primary building.
G. 
For those buildings over 80,000 square feet in area, the applicant must demonstrate that the building can be subdivided in a reasonable manner by submitting a plan indicating potential entrances and exits and loading areas for multiple tenants.
(6) 
Screening.
Unless approved by Exception, the following items shall be screened as follows:
A. 
Off-street loading docks must be screened from all public streets and any residential district that abuts or is directly across a public street or alley from the lot.
The screening required under this Section must be at least six feet in height and may be provided by using a masonry fence (excluding tilt wall or concrete block unless otherwise approved by Exception), berms, plantings or a combination of the above.
B. 
All refuse storage areas for trash dumpster shall be visually screened on three sides with an enclosure matching the main structure not less than 6 feet in height. The access area shall be screened with an opaque gate and shall not face a public street unless otherwise approved during Site Plan approved.
Dumpster storage should be located to the rear of the buildings with proper access. Trash dumpster shall not be located in any required parking space and shall allow proper access by service trucks. Dumpster pad sites shall be designed to City standards specified in the subdivision Standards of Design, as currently adopted or as may be amended in the future.
C. 
Pad-mounted utility equipment, and air conditioning units, including roof-mounted units, shall be screened from horizontal view from any adjacent public street and from any adjacent property. Utility equipment and air conditioning units shall be screened utilizing plantings, berms, or walls matching the main structure.
D. 
Above-ground storage tanks shall be screened utilizing plantings, berms, or walls matching the main structure.
(b) 
Neighborhood Service (NS) District.
(1) 
Purpose.
A. 
The (NS) Neighborhood Service District is established as a limited retail category intended for use near neighborhood areas for the purpose of supplying day-to-day retail needs of the residents in the area, such as food, drugs and personal services.
B. 
The NS district occurs at limited corner locations on arterials in existing developments and is intended for small service areas in new developments. The average site is from 1/2 to one acre, up to 2 acres.
C. 
Since the site is typically small, and surrounded by residential type land uses, this zoning would have the appearance of a spot zone. It is not an illegal spot zone, however, if it is called for in the comprehensive plan, or if it serves a need in the neighborhood. A similar neighborhood convenience center within 1/4 mile of a proposed center would be an indication that the need for such a center is already being met.
D. 
While the uses allowed in this district are intended to be located within or adjacent to residential areas, care must be taken to insure that adjacent residential uses are protected. Uses with excessive amounts of traffic, noise, or litter are not intended for this district. Areas where two or more corners of an intersection are intended to have shopping facilities should be zoned a less restrictive district. The centers should be located at the intersection of collector type streets or larger that are capable of handling the additional traffic. The area, landscaping, and buffering requirements are more restrictive in this district in order to protect adjacent uses.
(2) 
Permitted Uses.
In general, retail businesses which supply day-to-day retail needs of the residents in adjacent neighborhoods, such as food, pharmaceuticals and personal services, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
No building or land may be used, unless in accordance with the development standards in this Section (a) General [section 5.01] and Section (d)(1) Commercial District Standards [section 5.04(a)] of this Article.
(c) 
Retail (R) District.
(1) 
Purpose.
A. 
The Retail District is established to provide limited retail and service uses for one or more neighborhoods. The uses specified in this district include most types of retail activity and are located on, or at the intersections of, major thoroughfares. This district does not include strip commercial, large shopping centers, wholesaling operations, lumber yards, contractor yards, and warehousing with high volumes of truck traffic and low volumes of retail type traffic.
B. 
This district will not be a major retail district, and will try to avoid intensive commercial uses and large volumes of retail traffic. The noise, traffic, litter, late night hours, and other influences that could be harmful to residential areas require adequate buffering from residential areas, and the traffic from such uses should not pass through residential areas, except on arterial or major collectors. There are restrictions on access to prevent traffic congestion or an adverse effect on major thoroughfares.
C. 
Areas should not be zoned to this use unless they are located on or close to arterial or major collectors capable of carrying the additional traffic they will generate, and in areas where there is increased water, fire protection, wastewater and drainage capacity.
D. 
This zone is a light retail zone, and it is intended that limited commercial uses fall in this district. Since the zone will be located close to residential areas, the development standards are stringent and require as high a standard of development as the R and NS districts.
(2) 
Permitted Uses.
In general, retail and service uses for one or more neighborhoods may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
No building or land may be used, unless in accordance with the development standards in this Section 1 General [section 5.01] and Section 4.1 Commercial District Standards [section 5.04(a)] of this Article.
(d) 
Town Center (TC) District.
(1) 
Purpose.
A. 
The Town Center District is established to accommodate the existing development in the central area of the City, and to protect its character. It recognizes the unique characteristics of the downtown, its high level of pedestrian activity, and its space limitations for site development and parking.
B. 
The use of this district should be limited to those areas that are currently developed as the downtown.
C. 
Existing uses that are part of the Town Center District require less site area and off-street parking requirements since the properties in this district have a very high floor area ratio, and very little additional land for landscaping, off-street parking, and setbacks.
Note: No standards are established for the
Town Center District at this time.
(e) 
Commercial Highway (CH) District.
(1) 
Purpose.
A. 
The Commercial Highway District is established to provide adequate space and site diversification for most types of commercial development in the City of Lancaster. Larger shopping centers and most of the existing commercial strips along major arterial roadways would be included in this district. The uses specified in this district include most types of retail activity and some wholesale with the exception of those uses which are not compatible with the retail shopping function. For example, contractor yards, and warehousing with high volumes of truck traffic and low volumes of retail type traffic are not included in this district.
B. 
This district will be the major retail district, with intensive commercial uses and large volumes of retail traffic. The noise, traffic, litter, late night hours, and other influences that could be harmful to residential areas require adequate transitioning to residential areas, and the traffic from such uses should not pass through residential areas, except on arterial or major collectors.
C. 
Areas should not be zoned to this use unless they are located on or close to arterial or major collectors capable of carrying the additional traffic they will generate, and in areas where there is increased water, fire protection, wastewater and drainage capacity.
(2) 
Permitted Uses.
In general, any retail business, personal service, professional service, or business service conducted within an enclosed building, excluding high truck traffic uses, may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
A. 
Sale of Goods.
All business establishments other than those selling a service, shall be retail or wholesale service establishments dealing directly with customers. All goods produced on the premises shall be sold on premises where they are produced.
B. 
Business Operations and Storage.
All business operations including storage shall be conducted within a completely enclosed building unless specifically authorized for the use as listed. This excludes off-street parking and loading, incidental display of retail items for sale, retail outlets where gasoline products are sold and drive-in businesses.
C. 
No building or land may be used, unless in accordance with the development standards in this Section 1 General [section 5.01] and Section 4.1 Commercial District Standards [section 5.04(a)] of this Article.
(f) 
Commercial Service (CS) District.
(1) 
Purpose.
A. 
The Commercial Service District is established to provide adequate space and site diversification for commercial establishments [that] may involve uses that would be objectionable in the other commercial districts or adjacent to residential districts. Included in this district are commercial uses that involve large volumes of truck traffic, outside operations and storage of materials and equipment, either for sale or as part of the business, excessive noise from heavy service operations, or any other possibly adverse influences.
B. 
This district is commercial in nature, but has some aspects that are similar to industrial uses. The noise, traffic, litter, late night hours, outside storage of materials and equipment, and other influences that could be harmful to residential areas require adequate buffering from residential areas, and the traffic from such uses should not pass through residential areas at all, if possible. These areas should not be located in close proximity to residential areas of any type.
C. 
Areas should not be zoned to this use unless they are located on or close to arterials capable of carrying commercial and truck traffic. They should be located close to major truck routes. Internal streets in such developments should be sized and strengthened to accommodate truck traffic. Fire protection should be adequate for large warehouse type operations, and the water, wastewater, and drainage systems should have enough existing capacity to support such development.
(2) 
Permitted Uses.
In general, commercial uses that may involve large volumes of truck traffic, outside operations and storage of materials and equipment may be allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
A. 
Outside Storage.
1. 
All outside storage shall be placed behind the front facade of the main structure. This does not apply to uses that allow incidental display, in which case only the amount of goods necessary for display purposes shall be exempt from this requirement.
2. 
All outside storage shall be screened from streets and public areas.
B. 
No building or land may be used, unless in accordance with the development standards in this Section 1 General [section 5.01] and Section 4.1 Commercial District Standards [section 5.04(a)] of this Article.
(Ordinance 2006-04-13, sec. 14.504, adopted 4/24/06)

§ 5.05 Industrial Districts.

(a) 
General Industrial District Standards.
(1) 
Construction Materials, Exterior Walls.
Each exterior wall shall consist of 100% masonry materials as defined in Article 13.00 Definitions - Masonry, excluding doors and windows, except as expressly permitted herein.
All buildings shall have exterior walls constructed of stone, brick, glass block, tile, cast metal, cast or cultured stone, or a combination of those materials. The use of other cementaceous products (e.g. stucco, Hardy Plank, or other similar materials approved by the Building Official) shall be limited to 50% of the building's exterior finishes where it is deemed important as a design feature and where it will be applied under the highest standards for quality and durability. However, stucco may not be located in the first 8 feet above grade on a facade visible from a street or public area.
Notwithstanding anything to the contrary herein, the use of concrete tilt-up walls as exterior walls is permitted in industrial districts.
(2) 
Maximum Building Height.
A. 
All Districts.
The height limit for all structures shall be as established in the Districts governing the property on which the structures are located, and the exceptions to height setback standards below.
B. 
Building Height and Setback Exceptions for Industrial Districts.
Exceptions. The following features may be constructed 12 feet higher than the maximum height requirement of the zoning district in which the structure is located:
1.
Chimneys, church spires, elevator shafts, and similar appendages not intended as places of occupancy or storage.
2.
Flag poles and similar devices.
3.
Heating and air conditioning equipment, solar collectors and similar equipment, fixtures, and devices.
Provided that they are:
1.
Not more than one-third of the total roof area; and
2.
Set back from the edge of the roof a minimum distance of two feet for every foot by which such features extend above the roof surface of the building to which they are attached.
(3) 
Building Articulation.
A. 
Requirements.
Facades which face streets shall meet the following minimum standards for articulation:
1. 
Horizontal Articulation.
No building wall shall extend for a distance equal to 4 times the wall's height without having an offset of 25% of the wall's height, and that new plane shall extend for a distance equal to at least 20% of the maximum length of the first plane.
2. 
Vertical Articulation.
No horizontal wall shall extend for a distance greater than 4 times the height of the wall without changing height by a minimum of 25% of the wall's height.
FIGURE 1. INDUSTRIAL BUILDING ARTICULATION EXAMPLE
Land--Image-6.tif
(b) 
Office Research Technology (ORT) District.
(1) 
Purpose.
A. 
The purpose of the Office Research Technology district is to create a light office/industrial zone that provides for the modern type of office and technology park development that would include research and development as well as light manufacturing and assembly. Limitations are placed on the uses in this district to significantly restrict the outside activities and storage of materials, noise, vibration, smoke, pollution, fire and explosive hazard, glare and any other potentially adverse influences.
B. 
The light manufacturing and assembly uses should be conducted within a totally enclosed building. The sites for such uses are typically a minimum of two acres and average 5 to 10 acres, with a significant amount of land dedicated to landscaping.
C. 
Because this is a light industrial zone with substantial screening and buffering requirements, these uses are suitable for high visibility locations such as along the freeway, or within a reasonable distance of residential areas. Residential uses should be discouraged from locating near the industrial district to protect the industries from residential complaints.
D. 
Though truck traffic should be minimal, areas zoned for this use should be located with access to arterials capable of accommodating some truck traffic. Each industry should work with the City to insure the water pressure and capacity is adequate to provide fire protection for that particular industry before such industry is developed. Industries should also work with the City to insure that the water, wastewater, and drainage capacity is adequate before the industry is developed.
(2) 
Permitted Uses.
In general, office, research and development as well as light manufacturing and assembly uses are allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
A. 
Manufacturing Operations and Storage.
All business and light assembly and manufacturing operations including storage shall be conducted within a completely enclosed building.
B. 
No building or land may be used, unless in accordance with the development standards in this Section 1 General [section 5.01] and Subsection 5.1 General Industrial District Standards [section 5.05(a)] of this Article.
(c) 
Light Industrial (LI) District.
(1) 
Purpose.
A. 
The purpose of the Light Industrial district is to create a limited industrial zone that provides for the modern type of industrial uses or industrial park. With the exception of hazardous materials manufacture, this zone allows the same uses as the MI, Medium Industrial District. Limitations are placed on the uses in this district to significantly restrict the outside activities and storage of materials, noise, vibration, smoke, pollution, fire and explosive hazard, glare and any other potentially adverse influences.
B. 
This zone is intended for industrial parks and larger, cleaner types of industries. The manufacturing uses should be conducted within a totally enclosed building. Any activities conducted outside should be screened and buffered, and no external effects such as excessive noise or odor should extend beyond the property lines. The sites for such uses are typically a minimum of two acres and average 5 to 10 acres, with a significant amount of land dedicated to landscaping.
C. 
Because this is a limited industrial zone with substantial screening and buffering requirements, limited industrial uses are suitable for high visibility locations such as along the freeway, or within a reasonable distance of residential areas. Residential uses should be discouraged from locating near the industrial district to protect the industries from residential complaints.
D. 
Areas should not be zoned to this use unless they are located on or close to arterial capable of carrying commercial and truck traffic. They should be located close to major truck routes. Internal streets in such developments should be sized and strengthened to accommodate truck traffic. Each industry should work with the City to insure the water pressure and capacity is adequate to provide fire protection for that particular industry before such industry is developed. Industries should also work with the City to insure that the water, wastewater, and drainage capacity is adequate before the industry is developed.
(2) 
Permitted Uses.
In general, industrial parks and larger, cleaner types of industrial uses are allowed. However, no building or land may be used, unless in accordance with the use tables and requirements in Article 4.00 Permissible Uses.
(3) 
Special Standards.
A. 
Manufacturing Operations and Storage.
All business and manufacturing operations including storage shall be conducted within a completely enclosed building unless specifically authorized for the use as listed.
B. 
No building or land may be used, unless in accordance with the development standards in this Section (a) General [section 5.01] and General Industrial District Standards [section 5.05(a)] of this Article.
(d) 
Medium Industrial (MI) District.
(1) 
Purpose.
A. 
The purpose of the Light Industrial [Medium Industrial] district is to create a limited industrial zone that provides for the modern type of industrial uses or industrial park. Limitations are placed on the uses in this district to significantly restrict the outside activities and storage of materials, noise, vibration, smoke, pollution, fire and explosive hazard, glare and any other potentially adverse influences such as the use of hazardous materials.
B. 
This zone is intended for industrial parks and larger, cleaner types of industries. The manufacturing uses should be conducted within a totally enclosed building. Any activities conducted outside should be screened and buffered, and no external effects such as excessive noise or odor should extend beyond the property lines. The sites for such uses are typically a minimum of two acres and average 5 to 10 acres, with a significant amount of land dedicated to landscaping.
C. 
Because this is a limited industrial zone with substantial screening and buffering requirements, limited industrial uses are suitable for high-visibility locations such as along the freeway, or within a reasonable distance of residential areas. Residential uses should be discouraged from locating near the industrial district to protect the industries from residential complaints.
D. 
Areas should not be zoned to this use unless they are located on or close to an arterial capable of carrying commercial and truck traffic. They should be located close to major truck routes. Internal streets in such developments should be sized and strengthened to accommodate truck traffic. Each industry should work with the City to insure the water pressure and capacity is adequate to provide fire protection for that particular industry before such industry is developed. Industries should also work with the City to insure that the water, wastewater, and drainage capacity is adequate before the industry is developed.
(2) 
Permitted Uses.
In general, industrial parks and larger, cleaner types of industrial uses are allowed.
(3) 
Special Standards.
No building or land may be used, unless in accordance with the development standards in this Article.
(Ordinance 2006-04-13, sec. 14.505, adopted 4/24/06; Ordinance 2012-01-03, sec. 3, adopted 1/23/12; Ordinance 2017-11-55 adopted 11/13/17)

§ 5.06 Special Districts. [1]

(a) 
General Overlay District Standards.
(1) 
Applicability.
Overlay districts are applied to land which has a traditional district already applied. It establishes additional uses and standards which may be either more or less restrictive than the underlying zoning district. The overlay district governs in all cases where it sets out a particular use or standard. Otherwise, standards and uses in the underlying district will govern.
(b) 
Historic Preservation Overlay (HPO) District.
1. 
Purpose.
The protection, enhancement and perpetuation of districts and landmarks of historical and cultural importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that within the City of Lancaster numerous areas, sites and structures represent the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural and cultural resources that constitute their heritage, and therefore this overlay district is intended to:
A. 
Protect and enhance the district and landmarks which represent distinctive elements of Lancaster's historic, architectural and cultural heritage;
B. 
Foster civic pride in the accomplishments of the past;
C. 
Protect and enhance Lancaster's attractiveness to visitors and the support and stimulus to the economy thereby provided;
D. 
Insure the harmonious, orderly and efficient growth and development of the City;
E. 
Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City;
F. 
Stabilize and improve values of such properties;
G. 
Promote education of local history and proper methods of preservation;
H. 
Assist in providing access to available funding mechanisms and resources that may be of benefit to properties within the historic district; and
I. 
Provide guidance to property owners restoring, rehabilitating or reconstructing historic sites or structures within the city.
2. 
Core Principles, Design Regulations and Construction Standards.
In considering any application for a permit or Certificate of Appropriateness, the approving authority shall use the following core principles, general design guidelines, and specific design standards (including specialized sub-area standards), as appropriate to evaluate the request. Core Principles are derived from the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings and are intended to demonstrate desired outcomes consistent with the purpose of historic preservation. Design Guidelines may apply to all historic districts, historic landmarks or they may vary between historic districts or landmarks as needed to preserve and protect unique cultural, historic, architectural or archeological traits distinguishing an area or site. Design Guidelines may contain both mandatory and non-mandatory provisions. Design Standards are mandatory elements that must be applied and/or evaluated for compliance within a specified historic district, sub-area within a historic district or as may be established for a designated historic landmark.
A. 
Core Principles.
1. 
Height.
The height of any proposed alteration or construction should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district.
2. 
Proportions of Windows and Doors.
The proportions and relationships between doors and windows should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures within the historic district.
3. 
Relationship of Building Masses and Spaces.
The relationship of a structure within an historic district to the open space between it and adjoining structures should be compatible.
4. 
Roof Shape.
The design of the roof should be compatible with the original architectural style and appearance of the landmark or structure, and with the surrounding structures in the historic district.
5. 
Landscaping.
Landscaping should be compatible with the original architectural character and appearance of the landmark or structure, and with the surrounding structures and landscapes in the historic district.
6. 
Scale.
The scale of the structure after alteration, construction or partial demolition should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district.
7. 
Directional Expression.
The facade of a structure within an historic district after alteration construction, or partial demolition should fit into the pattern of facades in the historic district with regard to the structure's general orientation on the lot and to the street, the setback of the structure from the street, the orientation of the main entrance and the orientation and dimension of porches. The directional expression of a landmark or structure within an historic district after alteration, construction or partial demolition should be compatible with its original architectural style and character.
8. 
Architectural Details.
Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.
B. 
Historic District Design Regulations.
Detailed Design Regulations for Historic Residential Landmarks and Properties within the Historic District of the City of Lancaster are attached for reference [not printed herein]. The following regulations establish minimal standards, are general in nature and will be considered in the review of an application for a Certificate of Appropriateness within any Historic District or Historic Landmark.
1. 
Height.
The height of any proposed alteration or construction should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district.
2. 
Proportions of Windows and Doors.
The proportions and relationships between doors and windows should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures within the historic district.
3. 
Relationship of Building Masses and Spaces.
The relationship of a structure within an historic district to the open space between it and adjoining structures should be compatible.
4. 
Roof Shape.
The design of the roof should be compatible with the original architectural style and appearance of the landmark or structure, and with the surrounding structures in the historic district.
5. 
Landscaping.
Landscaping should be compatible with the original architectural character and appearance of the landmark or structure, and with the surrounding structures and landscapes in the historic district.
6. 
Scale.
The scale of the structure after alteration, construction or partial demolition should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district.
7. 
Directional Expression.
The facade of a structure within an historic district after alteration[,] construction, or partial demolition should fit into the pattern of facades in the historic district with regard to the structure's general orientation on the lot and to the street, the setback of the structure from the street, the orientation of the main entrance and the orientation and dimension of porches. The directional expression of a landmark or structure within an historic district after alteration, construction or partial demolition should be compatible with its original architectural style and character.
8. 
Architectural Details.
Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.
C. 
Historic Town Square Design Standards.
For commercial buildings in the Historic Town Square District, the Committee shall consider the following guidelines in reviewing an application for a Certificate of Appropriateness. All new commercial construction shall comply with the standards contained in the adopted Design Guidelines for New Commercial Construction in the Historic Town Square District.
1. 
Construction materials.
All buildings shall be of masonry construction or masonry veneer to appear as traditional masonry construction.
2. 
Exterior finishes.
Exterior treatment may be either brick or stucco. However, existing brick of exterior grade shall not be stucco. Existing unpainted brick shall not be painted except where necessary to provide a uniform color (for example, to hide repair work). Unpainted brick should be compatible with existing Ferris Red brick buildings. Modern (multi-color) brick blends are prohibited. If the brick or stucco is painted, the building body and its trim shall be of colors complementary to 1890's-1930's commercial buildings. The use of stone shall be limited to coping and trim.
3. 
Windows.
Upper facade windows shall be placed symmetrically on the facade. Window framing materials shall be appropriate to the architectural style of the building. Windows other than transoms and display windows fronting onto the Town Square, shall be rectangular with the proportion of the height being no smaller than two and one-half times (2-1/2) the width and no larger than four (4) times the width. Display windows shall be of a height consistent with other historic buildings in the Town Square.
4. 
Doors.
Each main or principal door shall have a transom above it. All doors and frames shall appear to be of wood construction, with or without glass, and of a design complementary to 1890's-1930's commercial architecture.
5. 
Roof.
The roof shall be a flat roof, not to exceed a 1.5":12" slope or acceptable engineered design. Roofs are encouraged to drain away from the Square. Building walls shall extend to parapets which shall enclose the roof area, masking the appearance of rooftop units from the Square. If visible from a public right-of-way, downspouts or scuppers shall be painted.
6. 
Height.
The height of the building shall not be greater than two (2) stories, or thirty-five (35) feet in height. Towers and decorative ornaments shall not exceed a height greater than twenty (20) percent of the height of the building.
7. 
Canopies.
Canopies shall be constructed of permanent metal or masonry construction which meet fire codes and shall comply with Building Codes, and shall not be constructed of a temporary material such as canvas. A private canopy constructed over public property may not be supported from the ground. A canopy constructed over private property may be attached to the building or supported from the ground. The design and color shall be complementary to commercial building canopies of the 1890's-1930's. The height, width and spacing of supports shall be compatible with existing public canopies on the Town Square.
8. 
Accessory structures.
Accessory structures, such as canopies, gazebos and kiosks, shall be permitted in interior open spaces visible from the public right-of-way. They shall be consistent with or complementary to the commercial architecture of the 1890's-1930's.
9. 
Landscaping and accessory items.
Landscaping and accessory items including but not limited to public lighting, trash bins, park benches, decorative railings/chains, public barriers, planters, flower boxes, ash trays, public fountains and statues and yard art shall be permitted in interior open spaces visible from the public right-of-way. They shall be complementary to the architecture of the 1890's-1930's. For reasons of public safety, landscape planting on public property by private individuals or businesses shall be subject to review if the plantings will exceed thirty (30) inches upon maturity.
10. 
Minimum Front Yard Setback.
none
11. 
Minimum Rear Yard Setback.
none
12. 
Minimum Side Yard Setback.
none
13. 
Minimum Lot Depth.
45 feet
14. 
Minimum Lot Frontage.
25 feet
15. 
Maximum Density.
FAR 2:1
16. 
Signs.
See Article 12.07, Signs - Historic District [section 12.06(b)]
D. 
Ordinary Maintenance and Repair.
1. 
Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark when such repair does not eliminate, alter, or replace a distinguishing interior or exterior architectural, cultural or historic feature of the landmark.
2. 
Nothing In this section shall be construed to prevent the ordinary maintenance and repair of buildings, structures or features within a property within an historic district which does not involve an alteration, construction or removal resulting in a change in exterior architectural appearance of the property.
3. 
The definition of ordinary maintenance and repair applies, whenever appropriate, to the appurtenances and environmental setting of the property, as well as the building, structure or object itself. Specific items considered ordinary maintenance and repair include the following:
a. 
Repair or replacement of roofs, gutters, siding, external doors and windows, trim, lights and other appurtenant fixtures with like materials of like design.
b. 
Landscaping not requiring other city permits or approval.
c. 
Paving repair using like materials of like design.
d. 
Repainting of surfaces.
E. 
Demolition by Neglect.
1. 
Exterior Neglect.
No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the exterior of the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Committee, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include:
a. 
Deterioration of exterior walls or other vertical supports.
b. 
Deterioration of roofs or other horizontal members.
c. 
Deterioration of exterior chimneys.
d. 
Deterioration or crumbling of exterior stucco or mortar.
e. 
Ineffective waterproofing of exterior walls, roof or foundations, including broken windows or doors.
f. 
Deterioration of paint including significant, cracking, flaking, separation, or discoloration.
g. 
Intrusion or growth of trees, vines, or other plants that have caused damage to a structure or that creates an unreasonable risk of damage to a structure.
2. 
Interior Neglect.
No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the interior portions of the structure or property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Committee, produce a detrimental effect upon the structural integrity of such structure or property which could make demolition necessary for the public safety.
(c) 
Neighborhood Preservation Overlay (NPO).
(1) 
Purpose and Intent.
A. 
Within the City of Lancaster there are many unique and distinctive residential neighborhoods which contribute significantly to the overall character and identity of the City. They are worthy of preservation and protection, but may lack sufficient historical, architectural or cultural significance at the present time to be designated as historic districts. As a matter of public policy, the City Council aims to preserve, protect, enhance, and perpetuate the value of these residential neighborhoods through the establishment of Neighborhood Preservation Overlays.
B. 
The purposes of a Neighborhood Preservation Overlay in residential neighborhoods or commercial districts are as follows:
1. 
To protect and strengthen desirable and unique physical features, design characteristics, and recognized identity and charm;
2. 
To promote and provide for economic revitalization;
3. 
To protect and enhance the livability of the City;
4. 
To reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development;
5. 
To stabilize property values;
6. 
To provide residents and property owners with a planning tool for future development;
7. 
To promote and retain affordable housing;
8. 
To encourage and strengthen civic pride; and
9. 
To ensure the harmonious, orderly and efficient growth and redevelopment of the City.
(2) 
Designation Criteria.
To be designated as a Neighborhood Preservation Overlay, the area must meet the following criteria:
A. 
Contain a minimum of one blockface (all the lots on one side of a block);
B. 
At least 75% of the land area in the proposed Overlay was improved prior to 1980, and is presently improved; and
C. 
Possess one or more of the following distinctive features that create a cohesive identifiable setting, character or association:
1. 
Scale, size, type of construction, or distinctive building materials;
2. 
Spatial relationships between buildings;
3. 
Lot layouts, setbacks, street layouts, alleys or sidewalks;
4. 
Special natural or streetscape characteristics, such as creek beds, parks, greenbelts, gardens or street landscaping;
5. 
Land use patterns, including mixed or unique uses or activities; or
6. 
Abuts or links designated historic landmarks and/or districts.
(3) 
Zoning Authority.
A. 
Separate ordinances are required to designate each Neighborhood Preservation Overlay District. Ordinances designating each Overlay shall identify the designated boundaries, applicable Designation Criteria and design standards for that Overlay, and be consistent with any existing Neighborhood and/or Community plans.
B. 
Neighborhood Preservation Overlays are designed as overlays to the regular zoning districts. Property designated within these Overlays must also be designated as being within one or more of the regular base zoning classifications. Property designated as a Neighborhood Preservation Overlay may have additional designations. Such property shall comply with all applicable use restrictions.
C. 
Zoning designation.
The zoning designation for property located within a Neighborhood Preservation Overlay shall consist of the base zone symbol and the overlay district symbol (NPO) as a suffix. Neighborhood Preservation Overlays shall be numbered sequentially to distinguish among different Overlays, i.e., SF-4 (NPO-1), SF-6 (NPO-2), etc.
1. 
The designation of property within a Neighborhood Preservation Overlay places such property in a new zoning Overlay classification and all procedures and requirements for zoning/rezoning must be followed.
2. 
In the event of a conflict between the provisions of a specific Neighborhood Preservation Overlay ordinance and the regular base zoning district regulations, the provisions of the Neighborhood Preservation Overlay ordinance shall control.
(4) 
Initiation Procedures.
A. 
A zoning change application for designation as a Neighborhood Preservation Overlay shall be initiated at the direction of the:
1. 
Request of owners representing 55% of the land area within the proposed Overlay, or
2. 
Request of 51% of property owners within the proposed Overlay, or
3. 
The Director, pursuant to a Neighborhood or Community Plan adopted by Council.
B. 
Following initiation for designation of a Neighborhood Preservation Overlay, the Director shall prepare a Neighborhood Preservation Plan for the proposed Overlay that includes:
1. 
Maps indicating boundaries, age of structures and existing land use within the proposed Overlay;
2. 
Maps and other graphic and written materials identifying and describing the distinctive neighborhood and building characteristics of the proposed Overlay;
3. 
A list of all property owners (with legal addresses), neighborhood associations and/or other organizations representing the interests of property owners in the proposed Overlay; and
4. 
Design standards.
C. 
All property owners within the proposed Overlay shall be afforded the opportunity to participate in drafting the Neighborhood Preservation Plan, which will be approved as part of the zoning ordinance creating a Neighborhood Preservation Overlay.
(5) 
Design Standards.
A. 
The preservation plan approved as part of the zoning ordinance creating a Neighborhood Preservation Overlay shall include Design Standards for new construction of any building or structure, or the relocation or rehabilitation to the street facade of an existing building or structure.
B. 
The Neighborhood Preservation Plan and requisite Design Standards shall not apply to those activities which constitute ordinary repair and maintenance, i.e., using the same or similar material and design.
C. 
The Design Standards for the Neighborhood Preservation Overlay must include at a minimum (or note the inapplicability), the following elements governing the physical characteristics and features of all property (public or private) within the proposed Overlay:
1. 
Building height and/or number of stories;
2. 
Building size, massing;
3. 
Principal elevation features;
4. 
Lot size, coverage;
5. 
Front and side yard setbacks;
6. 
Off-street parking and loading requirements and location, and
7. 
Roof line and pitch;
D. 
In addition, the Design Standards may include, but shall not be limited to, the following elements:
1. 
Building orientation;
2. 
General site planning (primary, ancillary structures);
3. 
Density;
4. 
Floor area ratio;
5. 
Architectural style and details;
6. 
Porches, chimneys or other features
7. 
Building materials;
8. 
Garage entrance location;
9. 
Window/dormer size and location;
10. 
Landscaping;
11. 
Fences and walls;
12. 
Entrance lighting;
13. 
Driveways, curbs and sidewalks;
(6) 
Neighborhood Ordinance Administration.
No building permit shall be issued by the Building Official for new construction or an alteration, or additions to the street facade of an existing building or structure, within a designated Neighborhood Preservation Overlay without the submission and approval of design plans and the issuance of a Certificate of Compliance by the Director.
(d) 
Neighborhood Preservation Overlay-1 (NPO -1) Enchanted Forest. See attached exhibit A [to Ordinance 2022-12-55].
(Ordinance 2006-04-13, sec. 14.506, adopted 4/24/06; Ordinance 2008-07-25 adopted 7/14/08; Ordinance 2018-11-50 adopted 11/12/18; Ordinance 2022-12-55 adopted 12/12/2022)
[1]
Editor's note–Ordinance 2008-07-25 adopted 7/14/08 moved subsections (d)–(h) of section 14.506 (5.06) to a new article 14.550 (article 5.50.00) and renumbered those provisions as sections 14.551–15.555 (5.51–5.55).

§ 5.07 Infill Standards.

(a) 
Intent.
The intent of Infill Standards is to preserve the community's special neighborhood areas and to:
(1) 
Ensure compatible development on vacant lots and redevelopment of parcels, with the existing fabric of the neighborhood.
(2) 
Preserve and enhance the neighborhood's unique character, and preserve property values.
(b) 
Applicability.
These standards apply to neighborhoods which were subdivided into individual residential lots of 20,000 s.f. or less, prior to 1960.
(c) 
Standards.
(1) 
The setback from the front and side property lines shall be in the order of the average setbacks of other developed properties on the same block face. In no case shall the setback exceed or be less than any other property on the block face.
(2) 
On-site parking and the location of the residential garage shall conform to the predominant location in relationship to the site and primary building, as other sites on the block face.
(3) 
The roof style and pitch shall conform to the typical roofs in the block face.
(4) 
Exterior Building Materials.
Building materials shall reflect the materials in common use along the block face. However, Hardie Plank or a similar cementitious-fiberboard plank in terms of warranty and finish may be used in place of wood siding. Such siding shall be similar in width and scale to the predominant siding on the block face.
(5) 
Front porches, windows on the street, and chimneys may also be required, where they are common in the block face or neighborhood.
Exceptions. The following projects are exempt from the requirements of this subsection:
(6) 
Any property that is being rebuilt within the original footprint and to within 10% of the same building area with the same exterior configuration and materials, and
(7) 
Any property located in a Neighborhood Preservation Overlay or Historic District.
(d) 
Determination of Conformity
(1) 
The Director shall determine whether the proposed infill development meets the standards of this subsection; or at his/her discretion, may refer such determination to the Commission.
(2) 
An appeal of the Director's determination may be made to the Commission by the applicant. The Commission may, at its discretion, relax the standards above provided that it determines that the resulting development would be more appropriate and have a greater enhancement value for the block face and neighborhood.
(3) 
The Commission's decision may be appealed to the City Council, whose determination shall be final.
(Ordinance 2006-11-43, sec. 5, adopted 11/13/06)