A.Â
General rules of interpretation. The language set forth in the text
of this chapter shall be interpreted in accordance with the following
rules:
(1)Â
Words used or defined in one tense or form shall include other tenses
or derivative forms.
(2)Â
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
(3)Â
The masculine gender shall include the feminine and neuter. The feminine
gender shall include the masculine and neuter. The neuter gender shall
include the masculine and feminine.
(4)Â
The word "person" includes individuals, firms, partnerships, joint
ventures, trusts, trustees, estates, corporations, limited liability
companies, associations and any other similar entities.
(5)Â
The word "building" includes the word "structure" and shall be construed
as if followed by the words "or a part thereof."
(6)Â
The word "lot" includes the words "plot," "tract," and "parcel."
(7)Â
The word "watercourse" includes the words "drain," "ditch," and "stream."
(8)Â
The words "shall," "must," and "will" are mandatory in nature and
establish an obligation or duty to comply with the particular provision.
The words "may" and "should" are permissive.
(9)Â
The time within which any act required by this chapter is to be performed
shall be computed by excluding the first day and including the last
day. However, if the last day is a Saturday or Sunday or a holiday
declared by the United States Congress or the Pennsylvania General
Assembly, it shall also be excluded. The word "day" shall mean a calendar
day, unless otherwise indicated.
(10)Â
Any words not defined in this article or in Section 107 of the
Pennsylvania Municipalities Planning Code shall be construed as defined
in standard reference dictionary usage or other applicable City of
Lancaster ordinance.
(11)Â
In case of any difference of meaning or implication between
the text of this chapter and any caption, illustration or table, the
text shall control. No caption, illustration or table shall be construed
to limit the scope or intent of the text of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A private drive providing vehicular access from a street
to a parking and/or loading and unloading area for multifamily dwellings
(three or more units in a building on a single lot) or for properties
that have a nonresidential use, or providing vehicular access between
parking areas within a land development.
The average twenty-four-hour volume of vehicles at a given
point or section of highway.
A landowner or developer, as hereinafter defined, including
his/her heirs, successors and assigns, who has filed an application
for land development and/or subdivision.
A submission of plans and accompanying documentation for
subdivision or land development required to be filed and approved
prior to the start of construction or development.
A passageway between parts of a building or between different
buildings, or a sunken area leading to a basement entrance or in front
of basement windows.
A portion of the roadway or travel lane designated by striping,
signing or pavement markings for the preferential and exclusive use
of bicyclists.
An area of land entirely surrounded by public or private
streets, water bodies, railroad rights-of-way, other natural or man-made
barriers or any combination thereof.
See definition of "BMP" as set forth in the City of Lancaster Stormwater Management Ordinance, City Code Chapter 260.
A structure used or intended for supporting or sheltering
any occupancy. Where the context requires, the word "building" shall
be construed as though followed by the words "or parts thereof."
The area of land covered by a building and defined by the
location of exterior foundation or building walls.
See "setback line."
The measure of the diameter of the trunk of balled or burlapped
nursery trees at a point six inches above the ground, or 12 inches
above the ground for trees over four inches in caliper. See also "DBH,
diameter at breast height." It should be noted that "caliper" and
"diameter at breast height" are both used in this chapter and carry
different meanings, and should not be used interchangeably.
[Added 11-10-2020 by Ord.
No. 12-2020]
The paved surface of a street or alley available for use
by motorized and nonmotorized vehicular traffic.
The document, approved by City Council, which certifies the historical appropriateness of certain regulated activities to be undertaken by the applicant. For subdivision or land development plans within the Heritage Conservation District, see definition of "certificate of appropriateness" as set forth in the City of Lancaster Heritage Conservation District Ordinance, City Code Chapter 155, Article II. For subdivision or land development plans within the Historic District, see definition of "certificate of appropriateness" as set forth in the City of Lancaster Historic District Ordinance, City Code Chapter 155, Article I.
A professional planner employed by the City as Chief of the
Bureau of Planning and designated as the Chief Planner or a qualified
person designated by the Chief Planner to perform such functions as
delegated by this chapter to the Chief Planner.
In the text of this chapter, the word "City" shall refer
to the City of Lancaster, Pennsylvania.
The Arborist/Horticulturist of the City of Lancaster, as supervised by the Director of Public Works or his/her designee, or any urban tree professional employed or contracted by the City within the Bureau of Operations and designated with the responsibilities set forth in Chapter 273, Trees (the City's Shade Tree Ordinance).
[Amended 11-10-2020 by Ord. No. 12-2020]
A professional engineer registered by the Commonwealth of
Pennsylvania and employed or retained by the City and designated as
the City Engineer.
An attorney recognized by the Commonwealth of Pennsylvania
and retained by the City for legal matters.
A traffic engineer employed or retained by the City.
The Lancaster City Planning Commission.
The commitment made by City Council with Administration Resolution
No. 27-2014 to incorporate "complete streets" planning, design and
operation in future street, sidewalk, and other transportation projects
in order to promote design that accommodates safe and convenient travel
by all users, including pedestrians, bicyclists, transit riders and
motor vehicle drivers, and that incorporates green infrastructure
measures, where appropriate.
The official public document prepared and adopted by the
City of Lancaster in accordance with the Pennsylvania Municipalities
Planning Code, consisting of maps, charts and textual material, that
constitutes a policy guide to decisions about the physical and social
development of the municipality and known or referred to as the City
of Lancaster Comprehensive Plan.
A multiple-unit project (two or more units of occupancy)
in which there is a system of separate ownership of individual units,
as regulated by the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§§ 3101 et seq., as amended, or other applicable laws
of the Commonwealth of Pennsylvania.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
The act of creating or modifying a physical object including
land, buildings, structures and infrastructure.
The Office of the Lancaster County Recorder of Deeds.
A specifically paved or marked path for pedestrians crossing
a street, access drive or travel lane.
A street or alley having one of its ends open to vehicular
traffic from another street or alley and being terminated at the other
end, with a vehicle turnaround area.
An accommodation for bicycle travel within the public right-of-way
intended exclusively or primarily for bicycles and separated from
motor vehicle travel lanes, parking lanes and sidewalks.
The instrument by which the owner of property submits the
property to the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§§ 3101 et seq., as amended, or other applicable laws
of the Commonwealth of Pennsylvania.
A survey of a property prepared in accordance with this chapter
and the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. §§ 3101
et seq., as amended, or other applicable laws of the commonwealth.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
See definition of "detention basin" as set forth in the City of Lancaster Stormwater Management Ordinance, City Code Chapter 260.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Physical changes or improvements to land, including but not
limited to filling, grading, paving, excavation, drilling operations,
dredging, mining or building of structures.
The measure of the diameter, in inches, of a tree trunk at
a point 4.5 feet above ground. See also "caliper."
[Added 11-10-2020 by Ord.
No. 12-2020]
A private drive providing vehicular access between a street
and parking area for a single- or two-family dwelling.
The sloped area between the sidewalk and the curb of a driveway
that provides reinforcement for vehicular traffic while allowing pedestrians
to cross at grade from the adjoining sidewalk area.
A building or part thereof occupied as a residence.
An interest in land owned by another person, consisting in
the right to use or control the land, or an area above or below it,
for a specified limited purpose.
A professional engineer registered by the Commonwealth of
Pennsylvania.
ONE-HUNDRED-YEAR FLOODPLAINThe area of land adjacent to a watercourse that is subject to inundation by a one-percent annual chance flood, also known as the "one-hundred-year flood," which must be able to carry the one-hundred-year floodwater without increasing the water surface elevation of that flood and is delineated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map or other hydrological study or information acceptable to the City and Commonwealth of Pennsylvania.
FIVE-HUNDRED-YEAR FLOODPLAINThe area of land adjacent to a watercourse that is subject to inundation by a 0.2% annual chance flood, also known as the "five-hundred-year flood," which must be able to carry the five-hundred-year floodwater without increasing the water surface elevation of that flood and is delineated by the FEMA Flood Insurance Rate Map or other hydrological study or information acceptable to the City and Commonwealth of Pennsylvania.
APPROXIMATE FLOODPLAINAn area with known flooding that has not been studied by detailed hydrologic or hydraulic methods and is delineated by the FEMA Flood Insurance Rate Map as Zone A, an area where no base flood elevation has been determined.
Any area of land subject to flooding due to current soil
conditions, topography or relationship to springs, streams, rivers
or other water sources, including but not limited to areas known to
be susceptible to flooding and/or identified on the Federal Emergency
Management Agency Flood Insurance Rate Map for the City of Lancaster,
or other hydrologic report prepared by the commonwealth or federal
government, or by an individual registered in the Commonwealth of
Pennsylvania to perform such studies and which has been approved by
an agency of the City, County of Lancaster, commonwealth or United
States government.
Small-scale stormwater management practices, nonstructural
techniques, and site planning practices to mimic natural hydrologic
runoff characteristics and minimize the impact of development on water
resources.
The anticipated time of full build-out and occupancy of a
development.
Physical changes to the land associated with a subdivision
or land development plan, including, but not limited to, a building(s)
and building additions, structures, streets, gutters, curbs, street
lights, signs, water, sanitary and storm sewer mains and appurtenances,
stormwater structures, walkways, sidewalks, recreational facilities,
open space improvements, shade trees, buffers and landscaping and
all other additions to the tract which are deemed necessary to result
in a complete project.
Improvements for which the municipality may ultimately assume
the responsibility for maintenance and operation, or which may affect
an improvement for which municipal responsibility is established.
A plant identified by the Pennsylvania Department of Conservation
and Natural Resources as an invasive species or emerging invasive
species.
[Added 11-10-2020 by Ord.
No. 12-2020]
Land development shall include the improvement of one lot or
two or more contiguous lots, tracts or parcels of land for any purpose
involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure;
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants or landowners by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features;
or
A subdivision of land.
The following development shall be excluded from the definition
of land development:
The conversion of an existing building into not more than three
residential units, unless such units are intended to be a condominium.
The conversion of an entire lot, parcel or tract of real estate
into condominiums shall not, in and of itself, constitute a subdivision
or land development for purposes of this chapter where the conversion
involves no land development activities, including no division or
allocation of land or space or change in lot lines, but simply memorializes
a change in the form of ownership. This exclusion is adopted pursuant
to 68 Pa.C.S.A. § 3106 of the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
The combining of two or more adjacent lots or tracts of land
under the same ownership.
A tree with six-inch minimum DBH that is not an invasive
species.
[Added 11-10-2020 by Ord.
No. 12-2020]
The legal, beneficial, equitable owner or owners of land,
including the holder of an option or contract to purchase (whether
or not such option or contract is subject to any conditions), a leaseholder
(if the party is authorized under the lease to exercise the right
of the landowner) or other person having a propriety interest in land.
A landscape architect registered by the Commonwealth of Pennsylvania.
Lancaster County Planning Commission.
A qualitative measure used to relate the quality of traffic
service and delay.
A designated parcel, tract or area of land established by a plan or otherwise as permitted by law and to be used, developed or built upon as a unit and having at least sufficient size to meet the minimum requirements of the City of Lancaster Zoning Ordinance, City Code Chapter 300.
The land area contained within lot lines, excluding space
within all public or private streets or alleys, but including the
area contained in any easement and generally expressed in acres or
square feet.
The frontage of a lot shall be construed to be that portion
of the lot adjacent to a public street and abutting the right-of-way.
A line, generally established by bearings and distances,
which, when connected with other lot lines, delineates the boundary
of a lot.
The region of the United States that includes New York, New
Jersey, Pennsylvania, Delaware, Maryland, Washington, D.C., Virginia,
and West Virginia.
[Added 11-10-2020 by Ord.
No. 12-2020]
A process to adjust or vary the requirements of one or more
provisions within this chapter when such modification will not be
contrary to the public interest and when, owing to unique physical
circumstances or conditions peculiar to the property, a literal enforcement
of this chapter would result in unnecessary and undue hardship, or
when an alternative standard can be demonstrated to provide equal
or better results.
The Pennsylvania Municipalities Planning Code, as amended
or superseded from time to time.
A conveyance system owned by the municipality that discharges
to waters of the Commonwealth of Pennsylvania that is designed or
used to collect or convey stormwater (including pipes, storm drains,
ditches, swales, etc.).
A species of plant that has: traditionally inhabited or naturally
occurred in the Mid-Atlantic Region; not been introduced to the Mid-Atlantic
Region as a result of human activity, either intentional or accidental;
and has also been listed as a native in the Mid-Atlantic Region in
the United States Department of Agriculture's PLANTS Database.
[Added 11-10-2020 by Ord.
No. 12-2020]
A species of plant that has: neither traditionally inhabited
nor naturally occurred in the Mid-Atlantic Region; been introduced
to the Mid-Atlantic Region as a result of human activity, either intentional
or accidental: and has also not been listed as a native in the Mid-Atlantic
Region in the United States Department of Agriculture's PLANTS Database.
A subset of non-native species are the invasive species.
[Added 11-10-2020 by Ord.
No. 12-2020]
The map of the City showing existing and proposed public streets, alleys, sidewalks and pedestrian easements, as adopted and amended from time to time by the Lancaster City Council pursuant to MPC Article IV, Official Map.
A map or drawing, intended to be recorded in the County Recorder
of Deeds office, indicating the development, subdivision or resubdivision
of land.
A building in which is conducted the principal use of the
lot on which the building is situated. Also, any building containing
a dwelling unit on the same lot with another principal building shall
be deemed a principal building.
A document which defines the standards and criteria for the
construction of publicly dedicated facilities.
The removal of the asphalt/paving course down to the stone
base or beyond. Milling of a wearing course which does not expose
aggregate base material does not constitute reconstruction.
The total width of any land reserved or dedicated as a street,
alley or sidewalk, or for any other public or private purpose.
A line drawn parallel with a right-of-way line or lot line and being drawn a distance therefrom by the amount of the front, side or rear yards required by the City of Lancaster Zoning Ordinance, City Code Chapter 300.
A triangle which is established on corner lots or at the
intersection of access drives, driveways, parking lot aisles and streets
by the placement of two lines of a prescribed length along the right-of-way
line of streets or along curbs or edges of paving or aisles, which
are then connected by a line forming the triangle, in which no object
can be placed which would obstruct vehicular visibility.
The professional personnel within the Bureau of Planning
of the City of Lancaster and other City personnel participating in
the plan review and approval process.
A plan prepared in accordance with the City of Lancaster Stormwater Management Ordinance, City Code Chapter 260, as amended, with supporting documentation which identifies all existing and proposed facilities for stormwater drainage and control.
A parcel of land intended to be used for motorized and nonmotorized
vehicular and pedestrian circulation, whether designed as a thoroughfare,
throughway, highway, parkway, road, avenue, boulevard, lane, alley,
place, or however otherwise titled, and including the total right-of-way.
ARTERIAL STREETSStreets which are used or designed for large volumes of traffic and which are utilized by traffic destined for or through the urban area.
COLLECTOR STREETSStreets which collect traffic from the minor street system for distribution onto the arterial street system; collector streets also service vehicular traffic circulating within or between various urban neighborhoods.
LOCAL STREETSStreets which primarily provide vehicular access to abutting properties and, generally, feed onto the collector street system.
ALLEYA minor right-of-way primarily used for vehicular access to the side or rear of a property and which intersects another alley or street.
Standards issued by the City and used as a guide for the
installation of sidewalks, crosswalks, street trees, landscape containers,
sidewalk furnishings, lighting and other streetscape elements within
a right-of-way.
A street or alley which has never been dedicated by the landowner
or abutting property owners to the City, or a street that has been
offered for dedication but never officially accepted by the City for
placement on the official map.
A street or alley which has been dedicated to and accepted
by the City of Lancaster and has been placed on the official map.
See "right-of-way."
Any shade tree planted in the right-of-way, including but
not limited to between a street curb or cartway and a sidewalk. For
the purpose of this chapter, a street tree shall also include any
shade tree located within any properly executed and recorded easement
on private property on the side of a sidewalk opposite the street.
A short dead-end street, not exceeding a length of 250 feet,
which is a portion of a street that has been approved in its entirety.
Stub streets may extend to a property line to permit connection of
streets in adjoining subdivisions which are existing or planned or
may be constructed in the future.
The division or redivision of a single lot, tract or parcel
of land by any means into two or more lots, tracts or parcels (including
changes in existing lot lines) for the purpose, whether immediate
or future, of lease or transfer of ownership.
A professional surveyor registered in the Commonwealth of
Pennsylvania.
An improved nonpermanent area which facilitates vehicle turnarounds
until such time as the right-of-way is extended to connect with another
improved right-of-way.
A map or drawing showing the elevation of the ground through
the use of contours and/or elevation points.
A system of trees or other landscaping connected by an infiltration
system consisting of porous pavers, engineered or structural soil,
underdrains or other material designed to capture and infiltrate stormwater
runoff.
A single residential or nonresidential space within a building
that is independent of other spaces by means of vertical and/or horizontal
divisions.
A grant relief from an ordinance requirement or process.
The current Zoning Ordinance, as amended, of the City of
Lancaster, Pennsylvania.[1]
