[Added 1-22-2007 by L.L. No. 4-2007; amended 3-12-2007 by L.L. No. 7-2007; 4-9-2012 by L.L. No. 3-2012; 6-24-2013 by L.L. No. 2-2013; 1-13-2014 by L.L. No. 1-2014; 4-8-2019 by L.L. No. 2-2019; 3-27-2023 by L.L. No. 4-2023]
350-001.tif
A. 
Introduction.
(1) 
Purpose of the mixed use districts. The Village of Lancaster's Comprehensive Plan recognizes its downtown as a vital community center. The plan communicates the community's desire to have a vibrant, walkable, pedestrian-centric downtown, while retaining its historic character. As such, three distinct mixed use districts have been established, along with specific site and design guidelines to promote an active and enhanced Village core. Key characteristics include multistory buildings, a consistent building edge, inviting ground floor facades, a mix of uses, and architectural styles consistent with the Village's traditional character.
(2) 
Mixed use zoning districts established.
(a) 
The Village of Lancaster mixed use (MU) zoning districts are hereby established as depicted on the Mixed Use Zoning Districts Map. The regulations described herein establish the desired development pattern, form, massing, density, site layout and architectural detailing for the MU Districts. The traditional, historic, downtown core is key to the Village's vibrancy and resiliency. Given this, there is a need for clear standards that meet the goals of the community while allowing for flexibility and creativity. These regulations provide the guidance and framework for high-quality development and flexible design alternatives.
(b) 
The following mixed use districts are established:
[1] 
Mixed Use Core. The Mixed Use Core (MU-Core) District encompasses the Village's downtown area. This includes areas along Broadway starting at Aurora Street and extending approximately to Park Boulevard, the south side of Broadway generally around Legion Parkway, lands between North Aurora Street and Central Avenue and properties east of and abutting Central Avenue or Plum Bottom Creek. This area reflects the historic and commercial nature of the Village. This zone is established to preserve and enhance the area's existing character and density, and to enhance the core as a vibrant, thriving downtown.
[2] 
Mixed Use 1. The Mixed Use 1 (MU-1) District encompasses properties abutting Central Avenue, from approximately the railroad line to Walden Avenue, and frontage properties on Walden Avenue west of Central Avenue. The district also includes an area west of the Mixed Use Core along Broadway generally from Aurora Street to the Village line. This area is not as dense as the Village's core, with residential and commercial uses interspersed.
[3] 
Mixed Use 2. The Mixed Use 2 (MU-2) District includes areas along the eastern portion of Broadway, generally from Park Boulevard to the Village's eastern border and encompassing those properties that front Broadway. This area features intermingled commercial and residential uses and lies within the Village's historic district boundaries.
(3) 
Conflicts and compliance with other regulations. All development must continue to maintain compliance with all applicable codes and regulations, including, but not limited to, the Building Code of New York State which shall supersede where conflicts exist with the MU Districts. Where conflicts may arise between these regulations and other sections of Chapter 350 (Zoning), the design standards contained herein shall take precedence. For properties within the Village of Lancaster Historic District (as noted on the current Zoning Map), adherence with the process and procedures outlined in Chapter 184 (Historic Districts and Landmarks) shall apply as part of the site plan approval process.
(4) 
Applicability, review, and approval. These regulations shall apply, in whole or in relevant part, to all applications commenced from the date of adoption by the Village of Lancaster's Board of Trustees.
(a) 
These regulations shall apply to all proposed actions within the MU-Core, the MU-1, and the MU-2 Districts, which include one or more of the following activities:
[1] 
New building construction;
[2] 
Installation of new curb cuts on any public street;
[3] 
change or addition of facade materials and/or design greater than 200 square feet.
[4] 
Installation of new signage.
[5] 
Any expansion, substantial modification or substantial reconstruction of parking lot or driveway footprint. This shall only apply to landscaping features.
[6] 
Changes to parking, loading and services arrangements, or access management, such as entry/exit, cross access, or circulation. This shall only apply to landscaping features.
[7] 
Installation of landscaping features. Only elements pertaining to landscaping features shall apply.
[8] 
Installation of aboveground utilities. Only elements pertaining to utilities features shall apply.
(b) 
Existing single-family and two-family structures within the MU Districts are not required to adhere to these design standards.
(c) 
The review and approval of applications under these design standards shall conform to § 350-56.
(5) 
Design objectives.
(a) 
The objectives of these design standards were derived from the Village's joint Comprehensive Plan with the Town of Lancaster and the Village of Depew. These are included to assist with the interpretation and administration of the regulations described herein:
[1] 
Encourage redevelopment in the villages and in areas of the town with infrastructure to support it.
[2] 
Protect and enhance the unique historic and architectural character of the communities.
[3] 
Promote projects and activities that improve the image and character of the communities.
[4] 
Promote the historic character of the Village.
[5] 
Create connectivity between the Villages and the surrounding neighborhoods and primary destinations in the community.
[6] 
Strengthen the existing retail core in the Village of Lancaster and along Broadway in the Village of Depew.
[7] 
Focus redevelopment and new investment in the two villages where services are available to accommodate additional growth and increased development density.
[8] 
Enhance key gateways into the community to promote recognition of the Village.
[9] 
Encourage mixed use development, with rental apartments above commercial uses.
[10] 
Preparation of design standards to ensure that new development is attractive and in character with the historic qualities of the Village.
(b) 
Figures 1 through 3, located at the end of this Subsection A, illustrate conceptual build-outs that demonstrate potential development resulting from these design standards.
(6) 
Use regulations. The Mixed Use District Use Table indicates the uses permitted in the MU Districts. The following information is provided to aid with the interpretation of the Use Table:
(a) 
Permitted (P). A "P" in the column of a district use table indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this chapter.
(b) 
Permitted with site plan review (P*). A "P*" in the column of a use table indicates that a use is allowed subject to a site plan review.
(c) 
Special use (S). An "S" in the column of a use table indicates that a use is allowed only if reviewed and approved as a special use permit in accordance with § 350-64.
(d) 
Uses not allowed (—). A "—" in the column of a use table indicates that the use is not allowed in the particular district.
(e) 
Uses not listed. The Village Code Enforcement Officer shall determine whether or not an unlisted use is similar to an existing use or is substantially similar to an already defined use. When determining whether a proposed use is similar to a defined use, the Code Enforcement Officer may consider the following criteria:
[1] 
The actual or projected characteristics of the proposed use;
[2] 
The relative amount of lot area or floor area and equipment devoted to the proposed use;
[3] 
Relative amounts of sales;
[4] 
The customer type;
[5] 
The relative number of employees;
[6] 
Hours of operation;
[7] 
Building and site arrangement;
[8] 
Types of vehicles used and their parking requirements;
[9] 
The number of vehicle trips generated;
[10] 
How the proposed use is advertised;
[11] 
The likely impact on surrounding properties; and
[12] 
Whether the activity is likely to be found independent of the other activities on the lot.
(f) 
Use standards. The "Use Standards" column on the use table is a cross-reference to any supplemental use standard or special use standard listed within the Village of Lancaster's Code.
(g) 
Developments with multiple principal uses. In the mixed use districts, where a proposed development contains a special use according to the Use Table, that use requires separate review and approval by the Village Planning Commission. This special use review does not extend to other permitted uses in the building or project.
MU Districts Use Table
Key:
P = Permitted
P* = Permitted with site plan
S = Permitted with special use permit
— = Not permitted
Uses
Mixed Use Districts
Use Standards
MU Core
MU-1
MU-2
Open Uses
None allowed (includes parking lots)
Residential Uses
Dwelling, single-family
P
P
Dwelling, multifamily
P
P
P
Upper-story dwelling
P
S
S
Nursing or convalescent home
P
P
P
Senior citizen housing
P*
P*
P*
Public and Civic Uses
Emergency services
S
S
S
School (private)
S
P*
P*
School (public)
S
P*
P*
Child day-care centers
P*
P*
P*
Place of worship
P
P
P
Public utilities service facility
P*
P*
P*
School, elementary/secondary (private)
P*
P*
Telecommunication facility; see Chapter 120.
S
S
S
Utility, minor
P
P
P
Commercial Uses
Small animal care; see Chapter 93.
P*
P*
P*
Gasoline service station
S
S
Cannabis retail/consumption
P*
S
P*
Drive-through facility
S
EV charging stations
S
S
S
Hotels, motels
P
P
P
Medical and dental clinics
P*
P*
P*
Professional offices
P*
P*
P*
Personal service establishment
P
P
P
Recreation, indoor
P
P
P
Recreation, outdoor
S
S
S
Restaurant
P
P
P
Outdoor service of food and drink; see Article XII.
P*
P*
P*
Retail sales and service
P
P
P
Adult uses
Parking garage
S
P*
P*
Vehicle sales, indoor
S
S
S
Vehicle sales (outdoor)
Industrial Uses
Artisan manufacturing
P*
P*
P*
Light manufacturing
S
Accessory Uses
All uses and structures customarily incidental to a principal use1
P
P
P
NOTE:
1
Principal/primary structure should be built first.
Figure 1
350-002.tif
Figure 2
350-003.tif
Figure 3
350-004.tif
B. 
Site planning and design.
350-005-2.tif
Site planning and design standards provide guidance on the placement/orientation of buildings, entrances, parking, pedestrian connectivity, and circulation. When appropriately combined, these elements foster a vibrant, walkable environment.
(1) 
Overview. Site planning and design standards address the organization of a project's components, such as building orientation, setbacks, circulation and the relationship of site elements. The location of buildings and site features and the organization of circulation patterns for vehicles and pedestrians are critical to the design of a pedestrian-centric atmosphere that is visually appealing and safe for all users. High-quality site design along the street places structures close to the street line and parking areas to the rear. It focuses on creating a sense of place and an environment that fosters strong interaction between pedestrians, buildings, and the street.
(2) 
Building orientation.
(a) 
Buildings located on a primary street shall be oriented such that the facade facing the street is substantially parallel to said street.
350-006.tif
Front yard setback distances vary between districts, with the MU-Core and MU-1 Districts varying between zero and 10 feet and the MU-2 District varying between zero and 30 feet. At the discretion of the Planning Commission, a maximum setback of 20 feet may be allowed in the MU-Core and MU-1 Districts where outdoor dining or other pedestrian-focused amenities are to be located.
(b) 
At least 75% of a building's primary facade, measured in linear feet of distance parallel to the right-of-way, shall meet the required setback distance as described in the Frontage Tables for the respective districts.[1]
[1]
Editor's Note: See § 350-17B(11).
(c) 
The Planning Commission may allow an additional ten-foot setback to permit the construction of dedicated public realm amenities or the construction of building overhangs.
(d) 
In no instance shall the front plane of any principal structure on a primary street, not including overhangs, be greater than 20 feet from the right-of-way line in the MU-Core and MU-1 Districts and 30 feet in the MU-2 District.
(e) 
Buildings fronting on two or more streets shall be determined to have an equal number of primary facades unless said street is classified as an alleyway.
(f) 
Buildings on corner lots shall be set back from each street the minimum distance practical to afford adequate sight distances for motorists and pedestrians as determined by New York State Department of Transportation highway standards.
(g) 
Side yards with parking and driveways shall not be more than 45 feet of total width.
(h) 
Lots without driveways or alleyways shall have a maximum side setback of 20 feet of combined width for both side yards. Side yard setbacks are encouraged to be zero feet where permitted by the New York State Building Code, except when abutting a residential district.
(3) 
Lots with multiple buildings.
350-007.tif
The image above depicts a single, large property on which two structures are built, each sharing a parking area in the rear. This concept also provides a common pedestrian network and plaza space that connects each building entry with the common parking lot and the street.
(a) 
Lots with multiple buildings shall include pedestrian connections between adjacent uses, structures and parking areas.
(b) 
Multiple buildings shall create a well-organized, accessible and functional site. The site layout should create a unique sense of place without large parking lots devoid of landscaping or pedestrian accommodations.
(c) 
Common or shared parking facilities and access for projects with multiple buildings shall be required to the extent practical or feasible, as determined by the Planning Commission, to decrease the amount of impervious surface, increase open space and reduce curb cuts.
(4) 
Building entry.
350-008.tif
The image above identifies placement of entrances along the primary street (red arrows) that are important to the development of streetscape rhythm, and provide a sense of scale and comfort to pedestrians as they traverse the corridor.
(a) 
An entrance providing both ingress and egress, operable to residents at all times and customers during regular business hours, is required to meet the street-facing entrance requirements. Additional entrances off another street, pedestrian area or internal parking area are allowed.
(b) 
The placement of building entrances shall be of a similar rhythm and spacing to existing structures on the same street.
(c) 
Buildings fronting on two streets shall have a primary entry on either the primary street or at the corner facing the intersecting streets.
(d) 
Primary entries shall receive design considerations, details, and treatments consistent with primary facades and shall meet the standards set forth in this chapter regarding architectural detail.
(e) 
Primary entrances shall be prominently designed and constructed to provide visual cues to pedestrians, independent of site or building signage.
(f) 
The entrance spacing requirements, as indicated in the Site Planning and Design Tables for each district, must be met.[2] Entrance spacing is measured from the edge of one door to the edge of the next door and from the edge of the building to the edge of the door.
[2]
Editor's Note: See § 350-17B(11).
(5) 
Sidewalks.
(a) 
All sidewalks shall be accessible and ADA compliant.
(b) 
Sidewalks shall have a minimum width of five feet, and a width of at least 12 feet if adjacent to a storefront. Sidewalks may be wider at the discretion of the Planning Commission.
350-009.tif
Sidewalks are critical infrastructure required to establish a sense of place and a pedestrian-friendly environment. Sidewalk connections between and alongside buildings (1) are required to make rear-loaded parking feasible.
(c) 
Sidewalks shall be constructed with side parking, as shown in the image to the right, to provide access from all principal building entrances to the sidewalk system and parking areas.
(d) 
All sidewalks adjacent to driveways and parking lots shall be curbed to separate pedestrians and vehicles.
(e) 
As necessary, sidewalks shall traverse parking lot medians, end islands and between buildings to permit safe and efficient pedestrian travel.
(f) 
Sidewalks may be constructed of poured concrete or concrete pavers. Asphalt sidewalks are not permitted.
(g) 
All sidewalks adjacent to streets shall be curbed to separate pedestrians and vehicles.
350-010.tif
(h) 
The curb zone, as indicated in the Frontage Tables,[3] is measured from the back of curb toward the building face.
[3]
Editor's Note: See § 350-17B(11).
(i) 
The clear pedestrian zone, as indicated in the Frontage Tables, is measured from the back of the curb zone toward the building face.
(j) 
Sidewalks may be utilized as multi-use pathways (including pedestrians and bicyclists), provided that at least 10 feet of space is provided and appropriate signage and/or markings are utilized. Generally, it is preferred to have separate facilities (sidewalk level and protected is encouraged) for bike use to minimize pedestrian-bicyclist conflicts.
(6) 
Pedestrian and vehicular circulation.
(a) 
Pedestrian and vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians and to provide enhanced separation. This also applies to bicycle paths or multi-use paths.
(b) 
Safe, convenient and efficient pedestrian circulation patterns shall be provided between structures in a multiple structure development.
(c) 
Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian safety, efficiency and convenience.
(7) 
Driveways and access.
(a) 
Shared entrances and exits shall be provided where determined appropriate and feasible by the Planning Commission.
(b) 
Absent a showing by the applicant of impracticality, the provision for cross access among adjacent properties shall be required to internalize traffic and reduce turning movements directly onto the street.
(c) 
New construction or improvements shall plan for, accommodate, and/or reserve land for future connections with adjacent properties to facilitate cross access.
(d) 
Driveways outside the public right-of-way shall be no more than 24 feet in width.
(e) 
A designated five-foot-wide side-yard curbed sidewalk shall be provided between the edge of entry drives and the principal building.
(f) 
Driveways shall be set back from the side lot line a distance of five feet, and from principal buildings a distance of no less than five feet, or as required for safe sight distances. Shared drives are not required to provide the five-foot side yard setback.
350-011.tif
The use of shared entrances (1) rather than individual drives reduces the number of turning movements onto busy corridors, and can enhance internal circulation, especially when used in tandem with cross access between adjacent rear parking lots (2).
(8) 
Primary and side street designation.
(a) 
Where only one street abuts a lot, that street is considered a primary street.
(b) 
A multiple street frontage lot must designate at least one primary street. A lot may have more than one primary street. The Code Enforcement Officer will determine which streets are primary streets based on:
[1] 
The street with the highest classification;
[2] 
The established orientation of the block;
[3] 
The street abutting the longest face of the block;
[4] 
The street parallel to an alley within the block;
[5] 
The street that the lot takes its address from;
[6] 
The pedestrian orientation of adjacent or abutting development, existing or proposed; and
[7] 
Whether the street faces an important open space (park, plaza, or similar).
(9) 
Outdoor amenity space.
(a) 
General.
[1] 
Outdoor amenity space is common outdoor area provided in a development for use by all of its occupants for social and recreational activities. Outdoor amenity space may also be provided for use by the general public, in addition to occupants of the development.
[2] 
Examples of outdoor amenity space include, but are not limited to, swimming pools, playgrounds, sport courts, dog parks, gardens, community gardens, parks, greens, pavilions, seating areas, plazas, common balconies, rooftop decks or rooftop gardens.
(b) 
Standards.
[1] 
Required outdoor amenity space, as indicated in the Site Planning and Design Tables,[4] must be provided on the lot and be accessible as outdoor space. A required landscape transition may not be used to meet the outdoor amenity space requirement.
[4]
Editor's Note: See § 350-17B(11).
[2] 
Required outdoor amenity space may be enclosed on two sides or less by walls (with or without a solid roof cover) or enclosed on three sides by walls without a solid roof cover.
[3] 
Required outdoor amenity space may be located at or above grade.
[4] 
Required outdoor amenity space may be met in one contiguous outdoor area or in multiple outdoor areas on a lot and must have a minimum area of 225 square feet with no dimension less than 15 feet.
[5] 
Required outdoor amenity space must not be parked or driven upon, except for emergency access and permitted temporary events.
[6] 
At least 50% of the total amount of required outdoor amenity space at grade and 25% of required outdoor amenity space above grade must be planted with ground cover, shrubs or trees.
[7] 
Seating must be provided at the rate of one seat for every 500 square feet or fraction of 500 square feet. Seats may be permanent or movable. Two linear feet of bench or seat wall equals one seat.
(10) 
Build-to zone.
(a) 
Build-to zone.
[1] 
The build-to zone is the area on the lot or site where a percentage of the building facade must be located, measured as a minimum and maximum setback range from the street line.
[2] 
Where the build-to zone lies within an easement that does not allow construction, the Village Building Inspector may waive the build-to requirement, in whole or in part.
350-012.tif
(b) 
Lot frontage.
[1] 
The required lot frontage, as indicated in the Frontage Tables,[5] is the amount of the building facade that must be located in the build-to zone, measured based on the width of the building or buildings divided by the width of the lot.
[5]
Editor's Note: See § 350-17B(11).
[2] 
For a building facade to count toward the minimum lot frontage requirement, street-adjacent ground floor uses must be 20 feet in depth minimum.
[3] 
The width of a parking entrance into or through a building does not count toward the lot frontage percentage requirement.
[4] 
In no case will access to a site that has no access options be denied due to application of the lot frontage requirement. Where no other access is available, a driveway of the minimum acceptable width for fire safety purposes is allowed, even where it reduces the building width below the required lot frontage percentage.
[5] 
On a corner lot, a building must be placed within or abutting the area where the build-to zones of two intersecting streets overlap. The building must extend within the build-to zone for a minimum of 30 feet in both directions.
350-013.tif
[6] 
Lot frontage: new buildings.
[a] 
All new buildings must be placed in the build-to zone until the required lot frontage for the entire lot or site has been met.
350-014.tif 350-015.tif 350-016.tif
[b] 
Once the required lot frontage percentage has been met for the entire lot or site, new buildings may be placed outside of the build-to zone.
350-017.tif
[7] 
Lot frontage: additions.
[a] 
Front additions. Any addition to the front of an existing building must be placed in the build-to zone. The addition does not have to meet the required lot frontage percentage for the entire lot or site.
350-018.tif
[b] 
Side additions. Side additions no greater than 20% cumulatively of the existing building footprint (as of the effective date of these standards) are allowed outside of the build-to zone. Once the required lot frontage percentage for the entire lot or site has been met, side additions of any size are allowed.
350-019.tif
[c] 
Rear additions.
350-020.tif
(11) 
Site Planning and Design Tables. These regulations are applied to all street-facing facades in the respective mixed use districts. The tables introduce additional dimensional standards to the districts, including building setbacks, parking setbacks, story height, transparency, pedestrian access, and streetscape.
350-021-2.tif
(a) 
MU-Core. The MU-Core District provides for a walkable retail street, moving the buildings up to the back of the sidewalk and providing for a high built-to percentage to ensure a Main Street environment.
[1] 
Site Planning and Design Table: MU-Core.
[a] 
Site.
350-024.tif
Lot
Area (square feet)
0 minimum
Width (feet)
0 minimum
Outdoor amenity space
10% minimum
Building Setbacks
Build-to zone
See frontages.
Lot frontage
See frontages.
A
Common lot line (feet)
0 minimum
B
Alley (feet)
5 minimum
Parking Setbacks
C
Common lot line (feet)
0 minimum
D
Alley (feet)
5 minimum
[b] 
Building.
350-025.tif
Building Height
Top plate height
N/A
A
Building height
4 stories/45 feet maximum
Roof pitch
N/A
Building Length
See frontages.
Story Height
See frontages.
Activation
See frontages.
Use
See use regulations.
[2] 
MU-Core frontage.
350-026.tif
Building Setbacks
A
Build-to-zone (feet)
0 minimum/10 maximum
B
Lot frontage1
90% minimum
Parking Setbacks
C
Street (feet)
20 minimum
Building Mass
D
Street-facing building length (feet)
200 maximum
Story Height
Ground floor elevation (feet)
0 minimum/2 maximum
Ground story height (feet)
14 minimum
Upper story height (feet)
9 minimum
Transparency
E
Ground story
70% minimum
F
Upper story
20% minimum
G
Blank wall length (feet)
15 maximum
Pedestrian Access
H
Street-facing entrance
Required
I
Entrance spacing (feet)
30 maximum
Streetscape2
J
Clear pedestrian zone (feet)
10 minimum
K
Curb zone (feet)
6 minimum
Tree planting type
Grates
Tree spacing (feet)
35 on center average
Access Drive
Separation (feet)
200 minimum
Distance after intersection (feet)
100 minimum
Distance before intersection (feet)
200 minimum
Throat depth (feet)
40 minimum
NOTES:
1
Exceptions may be given where existing curb cuts may limit this.
2
This may not apply to existing streets. Where minimums cannot be met, they will be set at the discretion of the Planning Commission.
350-022-2.tif
(b) 
MU-1. The MU-1 District provides for a walkable mixed-use street, moving the building up near the back of the sidewalk and providing for a moderate build-to percentage.
[1] 
Site Planning and Design Table: MU-1
[a] 
Site.
350-027.tif
Lot
Area (square feet)
0 minimum
Width (feet)
0 minimum
Outdoor amenity space
10% minimum
Building Setbacks
Build-to zone
See frontages.
Lot frontage
See frontages.
A
Common lot line (feet)
0 minimum
B
Alley (feet)
5 minimum
Parking Setbacks
C
Common lot line (feet)
0 minimum
D
Alley (feet)
5 minimum
[b] 
Building.
350-028.tif
Building Height
A
Top plate height
2 stories/24 feet maximum
B
Building height
2.5 stories/35 feet maximum
Roof pitch
18:12 maximum
Building Length
See frontages.
Story Height
See frontages.
Activation
See frontages.
Use
See use regulations.
[2] 
MU-1 frontage.
350-029.tif
Building Setbacks
A
Build-to-zone (feet)
0 minimum/10 maximum
B
Lot frontage1
75% minimum
Parking Setbacks
C
Street (feet)
20 minimum
Building Mass
D
Street-facing building length (feet)
200 maximum
Story Height
Ground floor elevation
Residential (feet)
2 minimum/5 maximum
Nonresidential (feet)
0 minimum/2 maximum
Ground story height
Residential (feet)
9 minimum
Nonresidential (feet)
14 minimum
Upper story height (feet)
9 minimum
Transparency
E
Ground story
20% minimum
Residential
20% minimum
Nonresidential
70% minimum
F
Upper story
20% minimum
G
Blank wall length
20 maximum
Pedestrian Access2
H
Street-facing entrance
Required
Rear-facing entrance
Required
I
Entrance spacing (feet)
50 maximum
Streetscape
J
Clear pedestrian zone (feet)
6 minimum
K
Curb zone (feet)
4 minimum
Tree planting type
Tree lawn
Tree spacing (feet)
35 on center average
Access Drive
Separation (feet)
200 minimum
Distance after intersection (feet)
100 minimum
Distance before intersection (feet)
200 minimum
Throat depth (feet)
40 minimum
NOTES:
1
Exceptions may be given where existing curb cuts may limit this.
2
This may not apply to existing streets. Where minimums cannot be met, they will be set at the discretion of the Planning Commission.
350-023.tif
(c) 
MU-2. The MU-2 District provides a lower build-to percentage and modest transparency requirements, allowing for buildings that are closer in mass and scale to large traditional houses.
[1] 
Site Planning and Design Table: MU-2
[a] 
Site.
350-027.tif
Lot
Area (square feet)
0 minimum
Width (feet)
0 minimum
Outdoor amenity space
10% minimum
Building Setbacks
Build-to zone
See frontages.
Lot frontage
See frontages.
A
Common lot line (feet)
0 minimum
B
Alley (feet)
5 minimum
Parking Setbacks
C
Common lot line (feet)
0 minimum
D
Alley (feet)
5 minimum
[b] 
Building.
350-028.tif
Building Height
A
Top plate height
2 stories/24 feet maximum
B
Building height
2.5 stories/35 feet maximum
Roof pitch
18:12 maximum
Building Length
See frontages.
Story Height
See frontages.
Activation
See frontages.
Use
See use regulations.
[2] 
MU-2 frontage.
350-030.tif
Building Setbacks
A
Build-to-zone (feet)
10 minimum/30 maximum1
B
Lot frontage
30% minimum
Parking Setbacks
C
Street (feet)
20 minimum
Building Mass
D
Street-facing building length (feet)
60 maximum
E
Roof pitch
4:12 minimum/18:12 maximum
Story Height
Ground floor elevation
Residential (feet)
2 minimum/5 maximum
Nonresidential (feet)
0 minimum/2 maximum
Ground story height
Residential (feet)
9 minimum
Nonresidential (feet)
14 minimum
Upper story height (feet)
9 minimum
Transparency
F
Ground story
20% minimum
G
Upper story
20% minimum
H
Blank wall length (feet)
20 maximum
Pedestrian Access
I
Street-facing entrance
Required
Entrance spacing
N/A
Streetscape
J
Clear pedestrian zone
N/A
K
Curb zone
N/A
Tree planting type
Tree lawn
Tree spacing (feet)
35 on center average
Access Drive2
Separation (feet)
25 minimum
Distance after intersection (feet)
25 minimum
Distance before intersection (feet)
25 minimum
Throat depth
No minimum
NOTES:
1
Alternatively, the center line of the neighboring two parcels.
2
Department of Transportation permit will be required where applicable.
C. 
Site infrastructure and facilities.
(1) 
Overview.
(a) 
The design and location of site infrastructure and facilities should be complementary to and appropriate for the principal structure. Where feasible, utilities should be located in side or rear yards, buried underground, and/or screened from view. Those infrastructure elements which cannot be obscured from view should be designed as an integral and aesthetically pleasing feature of the landscape or building. The intent of these standards is to minimize visual, noise, and other associated negative impacts of site infrastructure and facilities.
(b) 
Site infrastructure and facilities shall include, but are not necessarily limited to the following:
[1] 
Loading and staging areas;
[2] 
Service and maintenance areas;
[3] 
Refuse and material storage;
[4] 
Vehicle and equipment storage (except parking);
[5] 
Stormwater facilities and appurtenances; and
[6] 
Aboveground utilities.
(2) 
Loading, service, maintenance and refuse facilities.
(a) 
General regulations.
[1] 
Loading docks, bays, and staging and service areas shall be located to the rear of the structure. Side loading areas may be approved at the discretion of the Planning Commission with approved screening.
[2] 
When the rear of a structure abuts a street or residential zone, loading areas shall receive appropriate screening.
350-032.tif
The above detached refuse enclosure is placed at the rear of the building and is composed of like materials as found in the principal structure.
[3] 
The storage and/or staging of refuse shall take place in the rear yard and shall be buffered or screened from view from parking facilities, adjacent properties and all streets.
[4] 
All refuse appurtenances, equipment and containers shall be located within a four-sided enclosure constructed of the same or complementary materials found in the principal structure. Such enclosure shall be constructed to a height not less than one foot above the height of all elements within the enclosure.
350-033.tif
The image above depicts a loading and refuse area positioned at the rear of the building, just out of view of primary pedestrian and circulation routes.
[5] 
Gate access to the enclosure shall be located out of direct view from principal building entrances and adjacent residences. Gates shall remain in a closed position at all times other than during refuse pick-up or delivery.
(b) 
Additional standards for MU-Core:
[1] 
The staging, storage and parking of vehicles, equipment, or materials as part of a commercial enterprise shall not occur in front yards and shall be screened from view from all streets and surrounding properties.
(3) 
Stormwater and green infrastructure facilities.
(a) 
Stormwater detention or retention ponds are not permitted in front yards.
350-031.tif
Efforts should be made to integrate stormwater management into the numerous small green spaces within the urban environment adjacent to driveways and parking lots, consistent with the most current New York State Stormwater Management Design Manual.
350-034.tif
Where appropriate, bioretention areas and bioswales similar to the above may be used to promote the infiltration of stormwater. These installations would be appropriate in parking lot medians or in linear strips along drive aisles or behind parking lots in lieu of large retention facilities.
(b) 
No stormwater detention facility shall have a permanent pool, and the use of riprap and stone fill is not permitted.
(c) 
Stormwater management facilities shall be integrated into the overall site design.
(d) 
The use of subterranean storage for stormwater runoff is encouraged where practicable.
(e) 
The provision of fencing around stormwater facilities is prohibited, unless the Planning Commission determines such fencing provides a positive design element.
(f) 
Where practicable, the use of green infrastructure design elements, such as, but not limited to, bioswales, rain gardens, bioretention areas, porous pavements, green roofs, and other measures which promote the infiltration, transpiration, and evaporation of stormwater runoff must be incorporated.
(g) 
All stormwater management facilities and green infrastructure facilities shall provide a pleasing aesthetic complementary to the character of the Village.
(h) 
All green infrastructure design elements, including plantings and pavements, shall be regularly maintained to promote their proper and intended function and must comply with Chapter 292 of the Village Code.
(4) 
Utilities.
(a) 
Where feasible, utility service connections from rights-of-way or easements shall provide subterranean connections to site structures and appurtenances, including, but not limited to, principal structures, garages, storage buildings, and site lighting.
350-035.tif
When required to be placed within view of the public, ground-mounted utility boxes should be screened or designed as an integral element within the site.
(b) 
Aboveground utility service connections, appurtenances shall be located in side yards or rear yards and screened from view from the street as necessary. This includes, but is not limited to, generators, transformers, vaults, hot-boxes, switch-gear, meters, valves, compressors, pumps, control or service panels, or any heating, ventilation and cooling equipment.
(5) 
Fueling facilities.
350-036.tif
The image above features two separate fueling canopies held by brick pillars. Vegetation is used to buffer the fueling station from sight for pedestrians and vehicles.
(a) 
Fueling station canopies and/or island covers shall be no greater than 20 feet in length parallel to the roadway.
(b) 
No part of any building used as a public garage; EV charging station; filling station or pump; and/or associated service appliances shall be erected within 10 feet of any building line unless within a building.
D. 
Parking.
(1) 
Overview.
350-037.tif
Vehicular parking lots shall be placed in the rear of the structure. In limited instances, side yard parking will also be permitted subject to conditions and approval as determined by the Planning Commission.
(a) 
Parking areas should be integrated design components that do not detract from the character of the Village. Parking areas shall be located to the rear of structures and away from the street, except where the placement in side yards may be determined acceptable by the Planning Commission due to site constraints. These standards are intended to minimize visual, environmental, noise, safety and other associated impacts of parking facilities by regulating their placement, design, and buffering.
(b) 
These standards apply to any parking lot and associated driveways that are newly constructed; substantially modified; or substantially reconstructed. For purposes of this section, "substantial modification" shall mean any change or configuration of parking spaces, traffic flow patterns, or manner of ingress or egress. Substantial reconstruction shall mean the removal and replacement of more than 25% of the existing paved surface.
(2) 
Parking.
(a) 
Vehicular parking, standing, loading and dropoff facilities shall be located in rear yards whenever possible and not less than five feet from the rear property boundary or five feet from a side property boundary. Existing parking lots located in the front of a building may not be expanded.
(b) 
Upon demonstration of significant site limitations by the applicant, the Planning Commission may allow side yard parking behind a line extending from the primary building facade parallel to the street. In no instance shall side yard parking lots be less than 10 feet from a street right-of-way or five feet from a side lot line.
(c) 
For corner lots, side yard parking shall be allowed subject to all other applicable regulations governing side yard parking.
(d) 
Side yard parking shall require the installation of appropriate screening between the parking lot and street, as determined by the Planning Commission.
(e) 
Parking lot screens shall be composed of a structural screen and/or vegetation. Screen materials shall be similar or complementary to those found on the primary building.
(f) 
For sites proposed with multiple structures, parking shall be centralized and shared in parking bays of no more than 50 cars.
(g) 
Consideration should be given to accommodating electric vehicle charging equipment.
E. 
Landscaping.
(1) 
Overview. Appropriate landscaping and hardscaping should enhance and screen views along the street. The intent of this section is to maximize the visual, aesthetic, and pedestrian experience of the street corridor through the use of appropriately scaled and designed landscaping. This section shall also cover the mitigation of visual impacts through the buffering or screening of utilitarian site and building design elements. These standards determine the overall amount of planting material to be provided for the landscaping, buffering and screening of individual sites, buildings, and parking areas in the MU Districts.
(2) 
Plantings.
350-038.tif
The effective use of plant material helps define a sense of enclosure and volume in outdoor spaces. Plant material should not overpower the surrounding landscape or buildings, and should be of a similar scale and height to structures within the district at maturity.
(a) 
One planting unit equals one of the following: one mature shade tree, two minor deciduous trees, two evergreen trees, five shrubs, 10 perennials, 250 square feet of ground cover or 15 linear feet of decorative planters.
(b) 
A minimum of one planting unit shall be required for each 30 linear feet, or fraction thereof, of lot frontage along a street; and for each 500 square feet, or fraction thereof, of building coverage.
(c) 
At the discretion of the Planning Commission, the retention of existing vegetation on-site may be utilized to satisfy up to 50% of required planting units.
(d) 
Each existing mature shade tree with a trunk diameter of six inches or greater when measured at breast height (dbh) may satisfy the requirement for up to two planting units. Other existing trees on site with a trunk diameter between two inches and six inches (dbh) may satisfy requirements for up to one planting unit each.
(e) 
Existing vegetation must be adequately protected during and after construction and must survive a minimum of two years beyond the completion of construction activities to qualify as required planting units.
(3) 
Site landscaping.
(a) 
Site landscaping shall be required along all property boundaries, except: where side yards are less than three feet; where front yards are less than six feet; or where approved shared parking lots adjoin abutting properties.
(b) 
Plantings shall be limited to species native, hardy, salt-tolerant, known to be noninvasive to the area, and deer-resistant. Significant deviations from this criteria must by supported by ample evidence by the applicant.
(c) 
Consideration shall be given during species selection to the mature form, habit, and size of vegetation to ensure plantings do not create safety hazards within the district.
(4) 
Foundation landscape treatments.
350-039.tif
The image above depicts appropriate frontage landscaping with appropriately scaled plantings, signage and lighting.
(a) 
General regulations.
[1] 
Durable containers and permanent landscape planters shall be used in front yards less than six feet in depth or in other instances where appropriate landscaping cannot otherwise be obtained given site constraints.
[2] 
The design and material selection for containers and landscape planters shall be complementary to the architectural style of the principal building. The use of plastic planters is not permitted.
(b) 
Additional standards for MU-Core.
[1] 
Front yard setbacks of less than six feet in depth shall be paved with hardscape materials to provide an extension of the sidewalk and pedestrian zone to the building facade. Such front yard treatments may be required of other properties along the street at the discretion of the Planning Commission.
(5) 
Buffers and screens.
(a) 
Buffer plantings of coniferous/deciduous trees and shrubs, with fencing where appropriate, shall be provided along property boundaries adjacent to properties zoned or exclusively used for residential purposes to a density and height deemed appropriate by the Planning Commission.
(b) 
Parking in side or rear yards shall be screened from streets or adjacent residential properties with attractive landscaping and fencing.
(c) 
Existing parking lots along front yard setbacks shall be screened from streets or adjacent residential properties with landscaping and or attractive fencing.
(d) 
The use of individual coniferous trees without associated shrub plantings is not an approved buffer strategy.
(6) 
MU District transitions.
(a) 
These transition rules apply when a mixed use district abuts one of the following protected districts:
[1] 
Residential District One (R-1).
[2] 
Residential District Two (R-2).
[3] 
Residential District Two A (R-2A).
350-040.tif
(b) 
MU-Core and MU-1 transition. This is required for the MU-Core and MU-1 Districts abutting a protected district listed above. Due to the limited lot depth, a narrower landscape buffer is required compared to the requirements for deep lots.
[1] 
Shallow lot height transition.
350-042.tif
Applicability
Required in MU-Core and MU-1 when abutting a protected district
Buffer
A
Width (feet)
10 minimum
Height Transition Area
Principal Building Setbacks
B
Up to and including 2.5/3 stories (feet)
30 minimum
Accessory Building Setbacks
Height limit setback range (feet)
10 to 30 minimum
Height in height limit setback range (feet)
24 maximum
Height on remaining site
Set by district
[2] 
Shallow lot landscape transition.
350-043.tif
Area
A
Width (feet)
10 minimum
Structural Screening
B
Wall or fence, opaque
Required where no accessory building within 15 feet of protected district lot line
C
Height (feet)
6 minimum
Materials
As recommended by the Planning Commission
Vegetation
Medium impact screen
350-041.tif
(c) 
MU-2 transition. This is required for parcels within the MU-2 District when abutting a protected district listed above. The MU-2 transition requires a wider landscape buffer and a more extensive height transition compared to the shallow lot transition.
[1] 
Deep lot height transition.
350-044.tif
Applicability
Required in MU-2 when abutting a protected district
Buffer
A
Width (feet)
20 minimum
Height Transition Area
Principal Building Setbacks
B
Up to and including 2.5 stories (feet)
30 minimum
Accessory Building Setbacks
Height limit setback range (feet)
10/30 minimum
Height in height limit setback range (feet)
24 maximum
Height on remaining site
Set by district
[2] 
Deep lot landscape transition.
350-045.tif
Area
A
Width (feet)
20 minimum
Structural Screening
Wall or fence
Allowed
Height (feet)
6 minimum
Materials
As recommended by the Planning Commission
Vegetation
Medium impact screen
F. 
Architectural consistency.
(1) 
Overview.
(a) 
These design standards seek to preserve and enhance the architectural and historic character of the Village of Lancaster. New construction, building additions, rehabilitations, and/or renovation must complement the Village's traditional architecture and improve the experience for pedestrians and motorists. The Village does not seek strict uniformity amongst structures, nor the precise re-creation of historic styles. However, sufficient care and attention must be provided to building design concerning proportion, massing, style consistency, solid to void ratios, rhythm, pedestrian scale, and detailing such that overall building composition is in harmony with itself, the site and its surroundings.
(b) 
This section provides standards for the following:
[1] 
Building form and massing;
[2] 
Commercial character; and
[3] 
Residential character.
(c) 
Adherence to these standards will provide a comfortable, enjoyable, and aesthetically pleasing environment within the mixed use districts. The use of familiar building forms, massing, architectural styles, and details is required to complement the Village's valued historic character.
(2) 
Building form and mass.
(a) 
New construction must relate to the proportion, massing, and scale of surrounding valued historic forms.
(b) 
These standards do not require the precise re-creation of historic styles. Contemporary interpretations in correct proportion, character and style can be utilized to strengthen the identity of new buildings.
(c) 
In instances where the front facade is greater than 50 feet in width, delineations and treatments, such as a recess or projection that varies the depth of the building wall or a change in materials, shall be used to provide a visual break commensurate with the proportion of the building.
(d) 
Structures shall incorporate fascias, canopies, arcades, setbacks, recesses, projections or other design features to compose wall surfaces of 600 square feet or less to avoid large, undifferentiated walls.
(e) 
For buildings with multiple storefronts, there shall be a direct correlation between the delineations of interior tenant spaces and exterior facade treatments.
(f) 
Consult the Site Planning and Design Tables for additional standards.[6]
[6]
Editor's Note: See § 350-17B(11).
(3) 
Building height.
(a) 
Story height is the height of each story of a building, measured from the top of the finished floor to the top of the finished floor above. When there is no floor above, story height is measured from the top of the finished floor to the top of the wall plate above.
350-046.tif
(b) 
A story counts as a half story if dormers are present on no more than 50% of the front or side building length. Where dormers exceed 50% of the front or side building length, it will be considered a full story.
350-047.tif
(c) 
An attic in a pitched roof form does not count as a story when no dormers are present and 50% or more of the attic floor area has a clear height of less than 7.5 feet as measured from the finished floor to the finished ceiling.
(d) 
Basements and mezzanines, as defined in the Building Code, do not count as a story.
(e) 
Minimum height requirements must be met using additional functional stories above the ground story containing conditioned space and covering the full extent of the ground story.
(f) 
Top plate height is measured from average grade to the top of the wall plate that bears the roof structure.
(g) 
Specifications on building height requirements can be found in the Site Planning and Design Tables.
350-048.tif
(4) 
Blank wall.
(a) 
Blank wall length means a portion of the exterior facade of the building that does not include: windows or doors; columns, pilasters or other articulations greater than 12 inches in depth; or substantial material change (paint color is not considered a substantial change).
(b) 
Blank wall length applies in both a vertical and horizontal direction.
(c) 
Blank wall length applies to ground and upper story primary and side street facing facades.
350-049.tif
(5) 
Commercial building character.
(a) 
New construction, building renovations, and building additions shall complement the architecture styles of the Village of Lancaster, more specifically, the character of the Village's Historic Preservation District where appropriate.
(b) 
Buildings shall have a solid to void ratio created by window openings and wall surfaces that is consistent with the valued historic forms found in the Village. A similar or complementary ratio shall be provided or maintained on existing structures upon renovations or changes in building use.
(c) 
The front facade of new building construction should typically be designed with a distinct base, middle, and top composition. The base is the ground floor, the middle area is for the upper floor windows, and the top is a cornice or decorative feature which caps the building.
350-050.tif
(d) 
On low-rise buildings (less than two full stories), the different parts should be defined through detailing at the building base and eave/cornice line. On taller structures, different treatment of the base, middle, and top stories should be used to define the three parts.
(e) 
Commercial buildings shall provide visual distinction between the first floor and upper floors through the use of appropriate architectural elements, details, materials and/or color.
350-051.tif
The images provided illustrate examples of preferred commercial building character.
The images shown complement the historic character of the Village. New construction may utilize historic design cues from traditional architectural styles, but are not required to be a strict re-creation of historic-style buildings. Buildings have commercial storefronts with appropriate solid to void ratios and street level transparency.
Building orientation, setbacks, and mass contribute to a pedestrian oriented, walkable corridor. This enhances the viability of the area as a vibrant, historic downtown.
350-052.tif
350-053.tif 350-054.tif
(6) 
Residential building character.
(a) 
The standards set forth in this section shall apply to residential use buildings.
(b) 
Fire escapes shall be located on side and rear yards only.
(c) 
The enclosure of existing front porches, other than through the use of transparent glazing, is not permitted. Window and door openings shall not be filled in such that the resulting facade lacks a consistent solid to void ratio.
(d) 
New construction shall not create large, undifferentiated walls with few to no windows or door openings facing a street, drive or parking area.
(e) 
Principal and shared pedestrian entrances for ground floor residential units shall face the primary street and have a direct connection to the sidewalk system.
(f) 
Individual residential units with principal entrances at ground level shall have front porches or entryways that are covered, elevated above grade, or otherwise distinguished to provide visual separation from the street. ADA accessibility shall be provided as required.
350-055.tif
The images on this page depict appropriate residential developments. They provide a visually distinct style from that found in adjacent commercial buildings. The placement of building entrances, fenestration and the use of materials shall complement surrounding development and the character of the corridor. Residential building entrances shall face the primary street and have a direct connection to the sidewalk system
350-056.tif
350-057.tif
G. 
Architectural detail.
(1) 
Overview.
(a) 
Architectural details should complement and enhance overall building composition, and shall be appropriate to the style and character of the building, the site, and the surrounding area. A lack of architectural detail and ornamentation leaves the building devoid of interest, while an over abundance of detail creates a confusing and jumbled appearance. The use of details shall be kept consistent with buildings of a similar architectural style, yet should also be utilized to supply a unique identity for the structure. For example, window and door trim should call attention to and accentuate openings without dominating or confounding the building facade.
(b) 
This section provides standards for the following:
350-058.tif
Enhanced transparency on store frontages and the repetitive rhythm of the entryways creates a vibrant and active streetscape.
[1] 
Building base and foundations;
[2] 
Windows;
[3] 
Transparency;
[4] 
Roofs, cornices and overhangs;
[5] 
Doors and entryways; and
[6] 
Building materials.
(c) 
Applicants shall utilize the treatment of windows, entrances, awnings, storefronts and building bases to ensure the structure makes a prominent statement without overpowering the mixed use districts.
(2) 
Building base and foundation.
350-059.tif
Although subtle, the highlighting of the building base (1) anchors the structure to the site, and provides visual distinction between the ground plane and the structure. Material selection shall complement the architectural style of the building and those materials commonly found within the area.
(a) 
A formal building base shall be distinguished from the upper portions of the structure through a change of materials, color, texture and/or projection.
(b) 
The base treatment shall be continuous along facades facing streets and parking areas.
(c) 
The building base shall be included on all primary facades, and shall complement the architectural style and window and door fenestrations.
(d) 
The base shall be adorned with appropriate finishing materials in character with the structure base and vernacular to the area.
(3) 
Windows.
(a) 
Windows shall be of a scale, proportion and extent appropriate to the overall architectural style of the building.
(b) 
Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like cementitious board) to provide added definition to the overall facade.
(c) 
Lintels and sills must be incorporated into window design.
(d) 
The rhythm and ratio of solids to voids for building additions and expansions shall be similar to those of the region's valued traditional historic forms.
(4) 
Transparency.
(a) 
Transparency is the minimum percentage of windows and glazed doors that must cover a ground or upper story facade.
(b) 
Transparency applies to primary- and side-street-facing building facades only.
(c) 
Glass is considered transparent where it has a transparency higher than 80% and external reflectance of less than 15%.
(d) 
Ground story transparency is measured between two and 12 feet above the abutting sidewalk.
(e) 
Upper story transparency is measured from the top of the finished floor to the top of the finished floor above. When there is no floor above, upper story transparency is measured from the top of the finished floor to the top of the wall plate above.
(f) 
Transparency requirements can be found in the Site Planning and Design Tables.[7]
350-060.tif
[7]
Editor's Note: See § 350-17B(11).
(5) 
Roofs, cornices, eaves, overhangs, and parapets.
350-061.tif
These structures have continuous cornice and trim lines and provide a high-quality rhythm to the streetscape.
(a) 
Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of detail and articulation to the architectural expression of the building.
(b) 
The choice of design elements and their scale, height, proportion and mass should draw from design cues provided by the historical character of the Village.
(c) 
Rooflines shall be designed to be complementary of overall architectural style of the building and those vernacular to the Village of Lancaster. For example, gable, gambrel, mansard, shed, and hip roofs are common within the region.
(d) 
Required roof pitch is indicated in the Site Planning and Design Tables for each respective district.
(e) 
Cornices shall be used to differentiate and enhance the vertical composition of the building facade.
(f) 
The use of awnings, canopies, recessed entries and other design elements is encouraged to define the first floor and provide shelter to entryways.
(g) 
Overhangs and canopies should be architecturally consistent with or complementary to the remainder of the building.
(h) 
Parapets, false roofs, and penthouses should be utilized to obscure the view of rooftop mechanical equipment when viewed from the sidewalk of the opposite side of the street.
(i) 
The use of solar technology is permitted at the discretion of the Planning Commission. Solar systems must be installed flat to the roof surface, and on pitched roofs may not alter the slope of the roof. Solar panels must be located in a manner that minimizes impact on primary historic facades and visibility on rooftops, as indicated previously.
(6) 
Building doors and entries.
350-062.tif
The active and transparent storefronts seen in Figure 80 utilize a recessed entry to provide visual distinction and a visual cue on where to enter the structure.
(a) 
All entries shall be designed as an important feature and visual cue of the building facade.
(b) 
Nonresidential buildings must provide a minimum of one building entrance oriented towards a street or pedestrian walkway.
(c) 
Nonresidential building entrances on corner lots must be either oriented in the same direction as entrances of adjacent buildings or oriented toward the corner of the lot.
(d) 
Doors and entryways shall be of a scale, proportion and coverage appropriate to the overall style of architecture of the building.
(e) 
Commercial buildings shall have a transparent primary entry that will be considered as part of the overall transparency requirement for the building frontage.
(f) 
Primary entries shall be detailed and highlighted through the use of trim, moldings, overhangs and/or other defining architectural features such that its purpose as the primary entrance is evident from the street. Similar treatment is encouraged for all entryways near parking locations.
(7) 
Building materials.
(a) 
General regulations.
350-063.tif
The image above demonstrates use of inappropriate materials and finishes (1). The materials used diminish the visual quality of the structure and adjacent buildings. In this example, although the structure has a high-quality storefront, the use of a solid mass of vinyl siding with no vertical break over what was likely masonry construction reduces the overall appeal of the building.
[1] 
Along street frontages, all exterior building walls and structures shall be constructed with durable materials, such as masonry, stone, metal, brick and finishing wood.
[2] 
Changes in materials shall occur at inside corners. Material or color changes at the outside corners or within a plane is not permitted.
[3] 
Primary facade materials shall be wrapped onto secondary facades for a distance of no less than 10 feet or that which is architecturally consistent with building fenestration.
[4] 
Standard masonry block walls are prohibited on any primary facade.
[5] 
Decorative masonry materials, such as split face and textured finish blocks, are discouraged, but may be considered an acceptable facade material at the discretion of the Planning Commission.
[6] 
Exterior finishing materials for renovations, additions, and rehabilitations shall be consistent and/or complementary with those being retained on existing and adjacent traditional structures.
[7] 
Vinyl siding is permissible on single-family and two-family buildings, but is prohibited on any new commercial or multifamily buildings.
[8] 
The following materials or systems shall not be utilized on finished building or signage exteriors:
[a] 
Direct-applied finish systems (DAFS).
[b] 
Vertical aluminum or metal siding.
[c] 
T111 siding.
[d] 
Glass block.
[e] 
Glass curtain walls.
(b) 
Additional standards for MU-Core.
[1] 
Exterior insulation finish systems (EIFS) shall not be utilized as a primary building material, but may be utilized, at the discretion of the Planning Commission, as a decorative or complementary material on upper stories only.
[2] 
Materials such as stacked stone, easy brick, and other similar materials shall not be utilized on finished building exteriors. Exceptions may be made at the discretion of the Planning Commission, with material samples presented the Commission for its review.
[3] 
Any side or rear wall facing a street, residential district or public or semipublic area must consist of the same facing materials as the building front.
H. 
Lighting.
(1) 
Overview.
350-064.tif
The use of period lighting fixtures with enhancements such as banners and flower hangers is appropriate for the mixed use districts.
(a) 
Lighting is a critical design element that provides safety, visual cues, and aesthetic appeal to the building and its surroundings. Within the MU Districts, lighting shall be utilized to illuminate building entrances, signage, and parking areas, while also providing for subtle accents of building architecture and site landscaping. The scale and height of lighting fixtures have a significant impact upon their function and effectiveness. Within the MU Districts, streetlighting should be pedestrian in scale and height, and appropriately spaced to provide sufficient illumination for the street and sidewalk. New development should follow this standard by keeping fixtures and poles in scale and character with the site and adjacent uses, while also providing the illumination to only those areas intended. The prevention of light pollution spilling beyond property boundaries is of paramount concern to mixed use districts that support both commercial and residential uses.
(b) 
This section provides standards for the following:
[1] 
Site lighting;
[2] 
Building lighting;
[3] 
Accent lighting; and
[4] 
A gallery of fixtures.
(2) 
Site lighting.
(a) 
Lighting shall be designed such that poles, fixtures, ornamentation and materials are of a pedestrian scale and height and provide for a safe pedestrian experience.
(b) 
Fixture heights shall be between eight and 20 feet in height, with shorter poles along sidewalks and pedestrian zones, and taller poles within parking areas.
(c) 
Fixtures shall be "dark sky" compliant or otherwise utilize full cutoff shielding. Light trespass into adjacent noncommercial areas shall not exceed 0.1 footcandle in intensity.
(d) 
Amber hue lighting and similar coloring is not permitted.
(e) 
Lighting fixtures shall be directed away from adjacent structures and property boundaries.
(f) 
Fixture mounting height, direction and intensity shall be determined based on the minimum requirements necessary to efficiently and safely illuminate the area.
(3) 
Building lighting.
(a) 
Building-mounted lighting shall be of a style complementary to the architectural character of the building and surroundings.
(b) 
Building-mounted lighting shall be utilized primarily for safety and security lighting at entryways, utility and loading areas, and other areas approved by the Planning Commission.
(c) 
Fixtures shall be "dark sky" compliant or otherwise utilize full cutoff shielding. Light trespass into adjacent noncommercial areas shall not exceed 0.1 footcandle in intensity.
(d) 
Amber hue lighting and similar coloring is not permitted.
(e) 
Wall-pack style lighting fixtures shall not be placed upon primary facades facing primary streets.
(4) 
Accent lighting.
(a) 
Fixtures shall be "dark sky" compliant or otherwise utilize full cutoff shielding. Light trespass into adjacent noncommercial areas shall not exceed 0.1 footcandle in intensity.
(b) 
Amber hue lighting and similar coloring is not permitted.
(c) 
The use of neon accent lighting is not permitted.
(d) 
Building accent lighting shall be discrete in nature and of the same color and a lesser intensity than other building-mounted lighting.
(e) 
Accent lighting shall focus on highlighting architectural details or elements rather than the illumination of entire facades or walls.
(5) 
Lighting gallery.
Appropriate
Inappropriate
Full cutoff fixtures
350-065.tif
Drop lens and sag lens fixtures with exposed bulb
350-066.tif
Fully shielded wallpacks and wall-mounted fixtures
350-067.tif
Unshielded wallpacks and wall-mounted fixtures
350-068.tif
Fully shielded period style or contemporary fixtures
350-069.tif
Unshielded period style or contemporary fixtures
350-070.tif
Full cutoff streetlights
350-071.tif
Unshielded streetlights
350-072.tif
Shielded/properly aimed PAR floodlights
350-073.tif
Unshielded or poorly shielded floodlights
350-074.tif
Lit bollards
350-075.tif
Single tube fluorescent fixtures
350-076.tif
Goosenecks, soffit, and lantern-style
350-077.tif
The following regulations shall apply in R-1 Residence Districts:
A. 
Permitted principal uses or structures:
(1) 
Dwelling.
(2) 
Dwelling group by special permit of the Village Board of Trustees after review by the Building Inspector.
(3) 
Church or similar place of worship, parish house, convent, rectory or parsonage.
(4) 
Private, nonprofit, elementary or secondary school accredited by the New York State Department of Education.
(5) 
Fire station without club facilities.
(6) 
Cemetery by special permit of the Board of Appeals.
B. 
Permitted accessory uses or structures:
(1) 
Quarters for servants employed upon the premises.
(2) 
Office or studio of a resident: medical or osteopathic physician, dentist, physiotherapist, chiropodist, podiatrist, chiropractor, lawyer, engineer, architect, accountant, insurance agent, real estate agent, artist, musician, teacher, beautician, provided that:
(a) 
Such use shall be located within a dwelling and shall be clearly incidental to the primary residential use.
(b) 
No more than one additional person shall be employed on said premises as an assistant to the occupant.
(c) 
Such use shall not include the confinement of any person under care or treatment.
(3) 
Building for private horticultural purposes, provided that no solid fuel is used and that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4) 
Off-street parking, including the parking of not more than one commercial vehicle, provided it is used by the occupant of the premises, does not exceed three-fourths-ton rated capacity and is stored within a completely enclosed building; private garage.
(5) 
Private swimming pool.
(6) 
Storage of recreational vehicles, trailers and boats stored on trailers owned by the occupant of the premises for his personal use, but only in a manner consistent with the terms of Chapter 329, Vehicles: Storage and Parking of Recreational Vehicles and Trailers, of the Code of the Village of Lancaster.
[Amended 5-23-2022 by L.L. No. 2-2022]
(7) 
Home occupation as defined in Article X.
(8) 
Other customary accessory uses, but not including any use conducted for gain, or an access drive or walk to a business or industrial premises.
The following regulations shall apply in R-2 Residence Districts: as permitted and regulated in the R-1 Districts.
The following regulations shall apply in R-2A Residence Districts:
A. 
Permitted principal uses or structures:
(1) 
Principal uses as permitted and regulated in the R-1 Districts.
(2) 
Telephone exchange.
(3) 
Real estate or insurance office.
(4) 
Mortuary.
(5) 
Art, dance, music or photographic studio.
(6) 
Optician or optometrist.
(7) 
Fire station with club facilities.
(8) 
Meeting room for private club, lodge or fraternal organization.
(9) 
Medical buildings, nursing homes, nonprofit institutions, etc.
[Amended 10-25-1976 by L.L. No. 21-1976]
(a) 
The following uses, provided they are not used primarily for mental patients, drug or alcohol addicts or for penal or correctional purposes, unless a special permit has been issued by the Board of Trustees pursuant to Subsection A(9)(b) hereof:
[1] 
Medical buildings consisting of offices or clinics for medical doctors, dentists, osteopaths, chiropractors or podiatrists.
[2] 
Nursing or convalescent homes.
[3] 
Nonprofit institutions for charitable, religious, cultural or community social purposes.
(b) 
Upon application to the Board of Trustees of the Village of Lancaster, said Board may, after a public hearing and proper consideration of all pertinent factors, grant a special permit for any of the uses contained under Subsection A(9)(a), where the use intended shall be primarily for the care or housing of mental patients, drug or alcohol addicts or for penal or correctional purposes.
(c) 
The public hearing required by Subsection A(9)(b) of this section shall be held upon 10 days' notice being published in a newspaper of local circulation and/or the official Village newspaper, at which all interested citizens shall have an opportunity to appear and be heard on such an application.
(d) 
Application for such a special permit shall be considered by the Board of Trustees of the Village of Lancaster upon payment of an application fee of $100 unless the Board deems it proper to waive such a fee.
(e) 
In determining whether to grant or deny an application for a permit for the uses discussed herein, the Board shall consider whether or not the proposed use is consistent with and in the best interest of the surrounding community, and in so doing, shall take into account all available evidence relative to the application in question, including but not limited to:
[1] 
Whether the proposed use will be in harmony with general purposes and intent of the Zoning Ordinance, general ordinances, Master Plan and/or local laws of the Village of Lancaster. In so doing the Board of Trustees shall consider the location and site of the use, the nature and intensity of the operation involved and/or conducted in connection with it and the size of the site in respect to streets giving access thereto.
[2] 
Whether the issuance of the special permit in question pertaining to the proposed use will result in the depreciation of the value of adjacent property after considering the possibility of screening or other protective measures to protect the adjacent property in any R District.
[3] 
Whether the proposed use will create a hazard to health, safety or general welfare of the residents of the Village of Lancaster.
[4] 
Whether the proposed use will substantially alter the essential character of the neighborhood or be detrimental to the residents thereof.
(f) 
In authorizing any special permit pursuant to the terms of this Subsection A(9), the Board of Trustees of the Village of Lancaster may prescribe appropriate conditions to minimize adverse effects on the character of the surrounding area to promote those purposes generally set forth in this Chapter 350, Zoning, of the Code of the Village of Lancaster. Such appropriate conditions may include but are not necessarily limited to provisions in the permit limiting the time period during which the use may be effectively undertaken by the applicant or those individuals who shall be entitled to use the property in a manner consistent with the special permit in those instances where particular individual expertise is necessary if the property is to be used in connection with such a special permit being issued by the Board of Trustees of the Village of Lancaster.
(g) 
When the Board of Trustees of the Village of Lancaster determines that the particular site involved in an application for a special permit is wholly inadequate for the proposed use, they may elect to deny the application in total.
(10) 
Other administrative, professional or executive offices, but not including the selling, manufacturing, servicing or storing of merchandise upon premises.
(11) 
Hospital, by special permit of the Board of Appeals.
B. 
Permitted accessory uses or structures:
(1) 
Accessory uses permitted and as regulated in the R-1 Districts, but without limitations on accessory offices within a dwelling.
(2) 
Restaurant, newsstand, pharmacy or other incidental services in connection with a hospital, medical building or nonprofit institution but only when conducted and entered from within the building, provided that no exterior display or advertising shall be permitted.
(3) 
Restaurant in connection with any club facilities.
(4) 
Club swimming pool.
(5) 
Other customary accessory uses.
The following regulations shall apply in C-1 Business Districts:
A. 
Permitted principal uses or structures:
(1) 
Principal uses as permitted and regulated in the R-2A Districts.
(2) 
The following uses excluding any use first permitted in the M-1 Districts, when conducted within a completely enclosed building or when otherwise permitted pursuant to Article XII of this chapter:
[Amended 9-8-2003 by L.L. No. 7-2003; 3-27-2023 by L.L. No. 4-2023]
(a) 
Retail sales.
(b) 
Personal service establishment; i.e., barbershop, beauty parlor, shoe or hat cleaning or repair.
(c) 
Laundromat, dry-cleaning or laundry pick-up station.
(d) 
Business and professional offices not otherwise permitted in the R-2A Districts.
(e) 
Eating or drinking establishment.
(f) 
Theater.
(3) 
Drive-in bank, provided that at least five reservoir spaces are provided on the lot for each drive-in teller's window. Such reservoir spaces shall be exclusive of required parking spaces.
(4) 
Bank or other financial institution.
(5) 
Newspaper office, including custom printing.
B. 
Permitted accessory uses or structures:
(1) 
Accessory uses permitted and as regulated in the R-2A Districts.
(2) 
Shop for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:
(a) 
All such articles manufactured or processed are sold at retail on the premises;
(b) 
Not more than four persons are engaged in such manufacturing or processing at any one time and in any one establishment; and
(c) 
Such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.
(3) 
Other customary accessory uses.
[Amended 4-27-1981 by L.L. No. 2-1981; 3-27-2023 by L.L. No. 4-2023]
A. 
Purpose. The purpose of the Open Space Zone is to enable the passive recreational enjoyment of land located near Cayuga Creek in the Village. Substantial development of the land in the way of buildings or structures is not desirable because of:
[Amended 1-22-2024 by L.L. No. 1-2024]
(1) 
Special or unusual conditions of topography, drainage, floodplain or other natural conditions, whereby considerable damage to buildings or structures and possible loss of life may occur due to the processes of nature.
(2) 
Its designation as land for park, recreation and open space uses for the Village of Lancaster and to ensure its continuation as parks, recreation and open space.
B. 
Permitted uses.
(1) 
All developments in the Open Space Zone are required to go through the site plan review process as outlined in § 350-56 of this Code. Proposals for the Open Space Zone shall comply with other applicable sections of this chapter in regards to signage, landscaping, and other elements proposed.
(2) 
Permitted uses allowed in the Open Space Zone include the following:
(a) 
Public parks and playgrounds.
(b) 
Pedestrian and bicycle trails.
(c) 
Other similar recreation and park uses.
C. 
Accessory uses. The following are the accessory uses, buildings and structures permitted in the Open Space Zone:
(1) 
Signs, subject to the provisions contained herein.
(2) 
Fences, walls and hedges, subject to the provisions contained herein.
(3) 
Other uses and structures that are customarily incidental and clearly subordinate to permitted uses or uses that require site plan review or special permits.
[Amended 1-12-1981 by L.L. No. 1-1981; 4-27-1981 by L.L. No. 2-1981]
The following regulations shall apply in M-1 Manufacturing Districts:
A. 
Permitted principal uses or structures:
[Amended 3-27-2023 by L.L. No. 4-2023]
(1) 
Principal uses as permitted and regulated in the MU Districts, except dwellings; provided, however, that any existing dwellings may be altered, converted, enlarged or extended within the applicable bulk regulations but not so as to increase the number of dwelling units.
[Amended 7-24-2023 by L.L. No. 6-2023]
(2) 
New motor vehicle sales and service.
(3) 
Gasoline service station or public garage, subject to the following limitations:
(a) 
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any gasoline station or public garage within 20 feet of any street line.
(b) 
Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the pump or required parking space.
(c) 
Storage of gasoline shall be approved by the National Board of Fire Underwriters.
(d) 
There shall be no use of the lot, except for landscaping or screening, within 20 feet of a lot in any R District.
(e) 
All portions of the lot not enclosed in a building and used for reservoir space or for storage, parking or servicing of motor vehicles shall be subject to the provisions of § 350-16 pertaining to automotive use areas.
(4) 
Rapid car wash establishment subject to § 350-16.
(5) 
Drive-in eating or drinking establishment, but not on a lot where a side lot line abuts a lot in any R District.
(6) 
Boat or marine sales or service.
(7) 
Laundry or dry-cleaning plant.
(7.1) 
Junk business, as defined at § 350-84, upon the issuance of a special use permit pursuant to Chapter 350, Article VIII, § 350-64.
[Amended 7-24-2023 by L.L. No. 6-2023]
(8) 
Custom shops, including but not limited to electrical heating.
(9) 
Hotel or motel.
(10) 
Warehouse, but not including the storage of highly flammable or explosive material.
(11) 
The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a solid fence or wall:
(a) 
Building materials supply, including incidental millwork.
(b) 
Small animal hospital or kennel located at least 100 feet from any R District boundary.
(c) 
Machine or tool sales, rental or service.
(12) 
Oil or gasoline distributor.
(13) 
Auction house, flea market, dealer in secondhand articles or others, provided that at least one parking space is provided on the same lot for each 175 square feet of gross floor area.
(14) 
A laboratory or training school engaged in research, testing or experimental work, including any process normal to laboratory practice and technique, provided that all necessary safeguards are employed to prevent hazard or annoyance to the community.
(15) 
Contractors' equipment or materials storage.
(16) 
Public utilities storage or service facility.
(17) 
The manufacture, compounding, assembling, treatment, packaging or bottling of articles or merchandise from or of previously prepared materials.
(18) 
A lumberyard or mill.
(19) 
Office and office buildings.
B. 
Permitted accessory uses or structures:
[Amended 3-27-2023 by L.L. No. 4-2023]
(1) 
Accessory uses permitted and as regulated in the MU Districts.
[Amended 7-24-2023 by L.L. No. 6-2023]
(2) 
Used motor vehicle sales as an accessory use to new motor vehicle sales. Such accessory use shall be on the same or an immediately adjoining lot. (See also § 350-16.)
(3) 
Quarters for a caretaker or watchman.
(4) 
Other customary accessory uses.
C. 
Performance standards. Any use established in M Districts after the effective date of this code shall comply with the performance standards set forth below. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with, or further conflict with said performance standards.
(1) 
Dust; smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited shall not be detrimental to or endanger the public health, safety, comfort, welfare or adversely affect property values.
(2) 
Glare and heat. Any operation producing intense glare or heat shall be conducted in such a manner so that the glare or heat shall be completely imperceptible from any point along a lot line.
(3) 
Odorous matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.
(4) 
Noise. The sound-pressure level as measured at the edge of a lot and which is produced by a mechanical, electrical or vehicular operation on the lot, where said lot is adjacent to a residential area, shall not exceed the average intensity of the street traffic noise in that residential area. No sound shall have objectionable intermittence, volume, beat, frequency or shrillness characteristics.
(5) 
Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated by said use is not perceptible without instruments, at any point along any property line of the lot on which the use is located.
(6) 
Fire and explosive hazards. The handling, use and nonbulk storage of flammable and combustible materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate firefighting and -suppression equipment and devices standard to the operation involved, as determined by the Village Board.
(7) 
Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be injurious to property, vegetation, animals, or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.
(8) 
Fissionable or radioactive materials. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground or sewerage systems.
(9) 
Liquid wastes. No liquid wastes shall be discharged into any natural or man-made watercourse or ditch. Liquid wastes discharged into a public sewer shall be of such nature and temperature that neither the sewer lines nor the treatment plant is adversely affected.
D. 
Design standards.
(1) 
Landscaping. A buffer strip of not less than 20 feet shall be reserved wherever an M District abuts an R or C-1 District. Such buffer strips shall be landscaped (and maintained) by the owner to form a visually attractive and effective screen. Fences up to 10 feet in height may be permitted or required, provided that such fences are in keeping with the visual character of the area. No other uses, including parking, shall be allowed in such buffer strips.
(2) 
Storage. All storage shall either be in enclosed buildings or structures or, if open to the sky, shall be screened from view by landscaping. Such landscaping shall be of sufficient height and density to completely hide the storage from view. In some cases fencing may be necessary to supplement landscaping. All screening (fences, landscaping and combinations of each) shall be kept neat and trim at all times, presenting an orderly appearance.
(3) 
Signs. The location, size and construction of signs, as regulated in § 350-35, shall be in keeping with the character of the area and shall be approved by the Board of Trustees of the Village of Lancaster.
[Amended 4-27-1981 by L.L. No. 2-1981]
A. 
The intent of the M-IP District is to provide an efficient and attractive atmosphere for normal industrial activity through the use of good planning and design principles; thereby preserving property values and promoting the harmonious integration of industrial activities with the surrounding neighborhood.
B. 
The following regulations shall apply in a M-IP Industrial Park District when conducted within a completely enclosed building:
[Amended 10-9-1989 by L.L. No. 4-1989]
(1) 
Permitted principal uses or structures:
(a) 
Light manufacturing, which includes the compounding, assembly and/or treatment of articles or merchandise from previously prepared materials; the manufacture or assembly of mechanical devices or electrical devices; the machining or assembling of mechanical and electrical parts or components; the manufacture or assembly of clothing, musical instruments, novelties or toys; the manufacture, compounding or processing of candy, food, cosmetics or pharmaceuticals; a lumberyard or mill. Light manufacturing does not include, without limitation by reason of enumeration, any heavy industry or heavy manufacturing, stamping, forging, smelting or abattoir.
(b) 
A laboratory or training school engaged in research, testing or experimental work, including any process normal to laboratory practice and technique, provided that all necessary safeguards are employed to prevent hazard or annoyance to the community.
(c) 
Wholesale businesses, which include the storage, distribution or warehousing of articles, merchandise, products or materials of the same kind or type which are permitted to be manufactured, assembled, treated, processed or compounded in the industrial park as provided in Subsection B(1) of this section.
[Amended 10-9-1989 by L.L. No. 4-1989]
(2) 
Permitted accessory uses or structures:
(a) 
Accessory uses permitted and as regulated in the C-2 Districts.
(b) 
Quarters for caretaker or watchman.
(c) 
Other customary accessory uses.
(d) 
Office and office buildings.
(3) 
Uses permitted upon issuance of a special permit:
(a) 
Restaurant.
(b) 
Truck terminal.
(c) 
Outside storage of equipment or materials.
[Added 10-9-1989 by L.L. No. 4-1989]
(d) 
Service businesses which do not involve significant walk-in trade.
[Added 10-9-1989 by L.L. No. 4-1989]
(4) 
Performance standards as set forth in M-1 Districts in § 350-23C.
(5) 
Design standards as set forth in M-1 Districts in § 350-23D, with the following additional requirements:
(a) 
Landscaping.
[1] 
All required yards shall be landscaped with a combination of trees, ground cover and shrubbery both to provide effective and substantial screening of the premises from adjoining premises and to present an attractive appearance from the street.
[2] 
A landscape plan shall be submitted by the developer to the Village Planning Commission as part of site plan approval.
[3] 
All required and/or approved landscaping shall be maintained and preserved according to the landscape plan.
(6) 
Utilities. All wiring, feed lines and energy sources and all equipment accessory to all utilities shall be placed underground. The Village Board may waive this requirement at the request of the applicant in cases where the Board shall determine that installation or installation services will result in difficulty or hardship. In making such decision, the Village Board will consider unusual topography or other conditions preventing this requirement from being cost effective.