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Lancaster City Zoning Code

ARTICLE II

General Provisions

§ 455-7 Jurisdiction.

The jurisdiction of this chapter shall include all lands and water within the corporate limits of the City of Lancaster.

§ 455-8 Compliance required.

No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable local, county and state regulations. Unless specifically exempted by this chapter, all new structures, structural alterations, or changes in use shall require issuance of a zoning permit.

§ 455-9 Zoning permit application.

A. 
Applications for a zoning permit, also referred to as a certificate of zoning compliance, shall be made on forms furnished by the Zoning Administrator and shall include the following:
(1) 
Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor where applicable.
(2) 
Description of the subject site by lot, block and recorded subdivision, certified survey or by metes and bounds description; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; and the proposed and existing zoning district within which the subject site lies.
(3) 
Additional information as may be required by the Plan Commission, Zoning Board of Appeals, and/or Common Council.
B. 
Payment of such fees as may be set by the Common Council shall be made at the time a zoning application is submitted.
C. 
The zoning permit shall be granted or denied in writing by the Zoning Administrator within 60 days. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

§ 455-10 Enforcement.

A. 
The provisions of this chapter shall be enforced by the Zoning Administrator. It shall be his/her duty to keep a complete record of all applications for zoning permits submitted, zoning permits issued, and a record of any conditions that may have been imposed by the Plan Commission, Common Council, or Zoning Board of Appeals under the provisions of this chapter. The Zoning Administrator shall file and safely keep copies of all plans submitted.
B. 
The Zoning Administrator shall also keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint. All such records and plans shall form a part of the records of the office and shall be available for the use of the Common Council and of other official agencies and officials of the City of Lancaster.

§ 455-11 Violations and penalties.

A. 
It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, the Zoning Administrator, Common Council, Plan Commission, Zoning Board of Appeals, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.
B. 
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.
[Amended 11-17-2014 by Ord. No. 2014-05]

§ 455-12 Condominiums.

Any land division, subdivision, or division which creates a condominium form of tenancy shall not create a violation of this chapter.

§ 455-13 General site restrictions.

[Amended 2-20-2006 by Ord. No. 2006-01; 4-16-2007 by Ord. No. 2007-04; 11-17-2014 by Ord. No. 2014-05; 9-15-2025 by Ord. No. 2025-07]
A. 
Sites not suitable for development. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Plan Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Plan Commission, in applying the provisions of this subsection, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such conclusion if he so desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability.
B. 
Lots shall abut on a public street. All lots shall abut upon an improved public street and each lot shall have a minimum frontage of 40 feet. Such frontage shall not be provided by easement.
C. 
Structures on unplatted land. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land planning.
D. 
One principal structure per lot. All principal structures shall be located on one lot, and only one principal structure shall be located, erected, or moved into a lot. This does not apply to planned unit developments or condominiums.
E. 
Public water and sewer. No zoning permit shall be issued for a site unless public sewer and water are provided to that site. If appealed, this requirement may be waived by the Common Council after review and recommendation by the Director of Public Works and the Plan Commission.
F. 
Dedicated street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on the side from which the required dedications have not been secured.
G. 
More restrictive district boundaries. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The minimum street yards on the less restrictive district side shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the minimum street yards required in both districts.
H. 
Combination of lots. In any residential zoning district, the owner of two lots which, if combined, would meet the minimum lot size standards and setback standards for the zoning district in which the lots are located, or the more restrictive lot size and setback standards if the lots are located in different zoning districts, shall not be required to replat the lots and may disregard the interior lot line between the lots and elect to treat the lots as one lot under the following conditions:
(1) 
The lots shall be treated as one lot for all purposes.
(2) 
The exterior lot lines of the platted lots shall be used to determine the limits of the combined lots.
(3) 
If the lots are located in two zoning districts, the more restrictive zoning district standards shall apply to the entire combined lot.
(4) 
The City must be notified prior to any construction that the owner is electing to treat the lots as one. Such an election, once made, is irrevocable.
I. 
Condominium side yard requirements. The minimum side yard requirements set forth in the zoning districts of this chapter shall not be applicable to two or more unit condominiums.
J. 
Exterior lighting. When any lighting is used to illuminate the outside of a building, a parking area, or any exterior open space, the lighting shall be shaded or diffused in order to direct the light away from adjoining properties and adjoining streets so as not to create a hazard or public nuisance.
K. 
Portable storage containers.
(1) 
No portable storage container is allowed outside of an enclosed building in any zoning district without a permit issued by the Zoning Administrator. Containers shall be maintained in good repair and be free of deterioration, graffiti, rust, or other damage.
(2) 
Portable storage containers larger than eight feet wide, 10 feet high, or 20 feet long are not allowed. Containers must be screened as required in the applicable zoning district.
(3) 
A permit allows a portable storage container to remain on a property or adjacent public right-of-way for no more than 30 consecutive calendar days. One extension for no more than 15 additional consecutive calendar days is allowed. No property shall be allowed to hold a portable storage container for more than 60 days in a consecutive twelve-month period.
(4) 
Zoning District I (General Industry), BIPD (Business and Industrial Park District), and construction sites as defined in Subsection K(5) are exempt from the requirements of Subsection K(2) and (3).
(5) 
Portable storage containers for construction purposes are permitted on a property for which a building permit has been issued and remains valid, and work is actively progressing. All containers must be removed from that property within seven calendar days of the final inspection, the occupancy permit being issued, or work being substantially completed.
(6) 
A portable storage container shall be placed on a hard surface such as asphalt, concrete, or compacted gravel, unless the Zoning Administrator approves an alternate location.
(7) 
Portable storage containers placed in the public right-of-way must obtain a separate permit approved by the Police Chief and are subject to the provisions of § 371-6G.
(8) 
Existing portable storage containers have four months from the date of ordinance passage to come into compliance.
(9) 
The Zoning Board of Appeals may waive or modify the provisions of this subsection through a special exception if reasonable and necessary to address unusual or exceptional circumstances, including casualty or natural disaster. The City Council may terminate any exception for any reasonable cause.

§ 455-14 General use restrictions.

A. 
Permitted uses. Permitted uses are those uses specified for a district and their essential services.
B. 
Accessory uses. Accessory uses and structures are permitted in any district in accordance with the provisions of this chapter, but not until the principal structure is present or under construction.
C. 
Conditional uses. Conditional uses and their accessory uses and structures are considered as special uses requiring review, public hearing, and recommendation by the Plan Commission in accordance with the provisions of this chapter.
D. 
Temporary uses. Temporary uses, such as shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Administrator. Permits for temporary uses must be for a specific period not to exceed six months and for a specific use.
E. 
Joint use. No part of any lot, yard, parking area, or other space required by this chapter for a structure or use shall be used for any other structure or use.
F. 
Uses defined by SIC code. All nonresidential uses shall be described and classified using the SIC codes as they appear in the most recent edition of the official publication known as the "Standard Industrial Classification Manual," U.S. Department of Commerce, Office of Federal Statistical Policy and Standards, or any supplement thereof.