This chapter shall be known and may be cited as the "Amended and Revised Zoning Ordinance of the Village of Lancaster, County of Erie and State of New York," and shall constitute Chapter 350 of the Code of the Village of Lancaster.
The comprehensive zoning plan set forth in the text and maps
which constitute this chapter is adopted in order to promote and protect
public health, safety, comfort, convenience, prosperity and other
aspects of the general welfare. These general goals include, among
others, the following specific purposes: to provide for adequate light,
air and convenience of access; to prevent undue concentration of population
and overcrowding of land; to lessen congestion in the streets to secure
safety from fire, flood, panic and other dangers; and to facilitate
the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements.
A.
The Incorporated Village of Lancaster is hereby divided into the
following zoning districts:
[Amended 4-27-1981 by L.L. No. 2-1981; 1-22-2007 by L.L. No.
4-2007; 3-27-2023 by L.L. No. 4-2023]
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MU-Core
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Mixed Use Cord District
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MU-1
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Mixed Use 1 District
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MU-2
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Mixed Use 2 District
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OS
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Open Space Zone
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R-1
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Residence District
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R-2
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Residence District
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R2A
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Residence District
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C-1
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Business District
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M-1
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Manufacturing District
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M-1P
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Industrial Park District
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B.
Wherever districts are referred to as "more restrictive" or "less
restrictive," the designation shall refer to the order in which the
districts are named above, the first named being the most restrictive
and so on.
The location and boundaries of the aforesaid zoning districts
are shown on a map entitled "Zoning Map of the Village of Lancaster,"
which map, with all explanatory matter thereon, is hereby incorporated
into this chapter and shall be as much a part hereof as if fully set
forth and described herein.[1]
[1]
Editor's Note: The Zoning Map is on file with the Village
Clerk.
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts, as shown on the Zoning Map of the Village
of Lancaster, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines of streets or highways, street lines or highway right-of-way
lines, such center lines, street lines or highway right-of-way lines
shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries.
C.
Where district boundaries are so indicated that they are approximately
parallel to the center lines or street lines of streets, such boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no distance is given,
such dimension shall be determined by the use of the scale shown on
said Zoning Map.
D.
Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of
said railroad line.
A.
No building, other structure or land shall hereafter be used or occupied
and no building or other structure or parts thereof shall be erected,
relocated, altered, extended or enlarged unless in conformity with
the use, height and bulk regulations specified herein for the district
in which such building, other structure or land is located and in
conformity with all other regulations of this chapter.
B.
No lot area shall be reduced or diminished so that the yards or other
open space thereon shall be less than prescribed by this chapter,
nor shall the density of population be increased in any manner except
in conformity with area requirements herein established. If, at the
time of adoption of this chapter or of any subsequent amendments increasing
the area or open space requirements, the lot area or required open
spaces are less than the minimum required by this chapter, such area
or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for the purpose of
complying with the provisions of this chapter shall be considered
as providing a yard or open space required on any other lot.
D.
Parcels designated as historic landmarks or included within historic districts. Except as may be otherwise expressly stated herein, this chapter shall not be deemed to supersede, preempt or modify Chapter 184 of the Code relating to historic districts and landmarks. Properties identified as historic landmarks and/or included within historic districts as provided at Chapter 184 of the Code shall also be subject to the provisions of Chapter 184.
[Added 1-22-2007 by L.L. No. 4-2007]
E.
Contiguous parcels. When two or more parcels of land, each of which
lacks adequate area and dimension to qualify for a permitted use under
the requirements of the use district in which they are located, are
contiguous and are held in one ownership, they shall be used as one
lot for such use.
[Added 1-22-2007 by L.L. No. 4-2007]
A.
The regulations of this chapter shall not be so construed as to limit
or interfere with the dedication, development or use of any land or
building for public parks, public playgrounds or public schools required
for compulsory education or with the use of land or buildings owned
by the United States Government, the State of New York, the County
of Erie or the Village or the Town of Lancaster and used for governmental
purposes or with the construction, installation, operation and maintenance
for public utility purposes of water or gas pipes, mains or conduits,
electric light or electric power transmission lines or distribution
lines, telephone or telegraph lines, oil pipelines, steam transmission
lines, sewers, sewer mains or railroad right-of-way existing or hereafter
authorized by the State of New York, the County of Erie or the Village
of Lancaster.
B.
These exceptions, however, shall not be interpreted to permit yards,
garages or other buildings for service or storage by said public utilities
which are otherwise permitted by this chapter in appropriate districts.
Nothing contained in this chapter shall prevent the construction
of a building or other structure which is made nonconforming by this
chapter or subsequent amendment hereto for which a building permit
has been lawfully issued, provided that either:
A.
Construction of the foundation shall have commenced prior to the
nonconforming date and construction thereafter is diligently prosecuted;
or
B.
The Board of Appeals makes a finding that substantial expenditures
have been made or substantial financial obligations have been incurred
for such nonconforming building or structure prior to the nonconforming
date.
A.
In their interpretation and application, the provisions of this chapter
shall be considered to be minimum requirements to promote and protect
public health, safety, comfort, convenience, prosperity and other
aspects of the general welfare.
B.
Whenever any provision of this chapter is at variance or conflict
with any other provision of this chapter or any other statute, local
ordinance or regulation covering any of the same subject matter, the
most restrictive provision or the one imposing the higher standard
shall govern.
It is hereby declared to be the intent of the Village Board
that if a court of competent jurisdiction finds the application of
any provision of this chapter to any building, other structure or
tract of land to be invalid, in whole or in part, the effect of such
decision shall be limited to the person, property or situation involved
in the controversy, and the application of any such provision to any
other person, property or situation shall not be affected.
The following temporary structures shall be deemed to be permitted
uses in all zoning districts:
A.
Temporary structures or uses incidental to construction work, including
a nonilluminated sign, not exceeding 64 square feet in area, of any
contractor, engineer or architect, shall be permitted, provided that
any structure shall be removed forthwith upon the completion or abandonment
of the construction work. Any extension of such time limit shall require
the approval of the Village Board of Trustees.
B.
The temporary use of a dwelling as a model home for a period of time
not to exceed three months.
C.
Any temporary structure or use permitted by the Village Board of
Trustees, provided the following findings are made:
(1)
Such use is of a temporary nature and does not involve the erection
or enlargement of any permanent structure.
(2)
In case of a renewal of such permit, all conditions and safeguards
previously required have been complied with.
Where a lot is divided by any zoning district boundary so as
to be in more than one zoning district, and where such lot was an
existing lot when such district boundary was established, a nonconforming
use, occupying 50% or more of the area of said lot and having street
frontage in the district where permitted, may be extended on such
lot no more than 25 feet, measured at right angles to the district
boundary, into any district where such use is not permitted, subject
to applicable required open space provisions relating to such use.
No dwelling shall be erected on any lot which does not have
immediate frontage on a street as defined in this chapter.
Every building used as a dwelling shall be located on a lot,
and except for permitted accessory dwellings or dwellings groups,
there shall be not more than one such building on a lot.
Any portion of a lot used for open off-street parking or reservoir
space or for open sales, service or storage areas for motor vehicles,
contractor's equipment or boats shall be deemed to be an automotive
use area. New automotive use areas or enlargements of existing automotive
use areas shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway thereto
shall be surfaced with a durable and dustless material and shall be
so graded and drained as to dispose of surface water accumulation.
B.
Lighting. Any fixture used to illuminate an automotive use area shall
be so arranged as to direct the light away from the street and from
adjoining premises.
[Amended 4-27-1981 by L.L. No. 2-1981]
C.
Screening. Every automotive use area, except off-street parking areas
for less than five vehicles, shall be screened from any adjoining
lot, including lots situated across the street, as follows:
[Amended 4-27-1981 by L.L. No. 2-1981]
(1)
Along property and street lines by planting strips a minimum of 10
feet in width; provided, however, that no shrub planting or tree foliage
along street lines shall be placed or maintained which obstructs vision
at an elevation between three and seven feet above street level.
[Amended 4-27-1981 by L.L. No. 2-1981]
D.
Access. No entrance or exit to any automotive use area shall be permitted
within 30 feet of any intersecting street lines and, except for off-street
parking areas for uses permitted in any R District requiring less
than 10 parking spaces, no entrance or exit shall be permitted within
10 feet of a lot in any R District. Access to automotive use areas,
except for off-street parking areas in R Districts for less than 10
vehicles, shall be approved by the Building Inspector and shall be
so arranged that vehicles shall not back into a street.
E.
Restriction. No automotive use area shall be used for auto wrecking
or for the storage of wrecked, partially dismantled or junked vehicles
or equipment or motor vehicles which do not qualify for New York State
motor vehicle registration.
