The jurisdiction of this chapter shall include all lands and
water within the corporate limits of the City of Lancaster.
No structure, land or water shall hereafter be used and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without full
compliance with the provisions of this chapter and all other applicable
local, county and state regulations. Unless specifically exempted
by this chapter, all new structures, structural alterations, or changes
in use shall require issuance of a zoning permit.
A.
Applications for a zoning permit, also referred to as a certificate
of zoning compliance, shall be made on forms furnished by the Zoning
Administrator and shall include the following:
(1)
Names and addresses of the applicant, owner of the site, architect,
professional engineer or contractor where applicable.
(2)
Description of the subject site by lot, block and recorded subdivision,
certified survey or by metes and bounds description; address of the
subject site; type of structure; existing and proposed operation or
use of the structure or site; and the proposed and existing zoning
district within which the subject site lies.
(3)
Additional information as may be required by the Plan Commission,
Zoning Board of Appeals, and/or Common Council.
B.
Payment of such fees as may be set by the Common Council shall be
made at the time a zoning application is submitted.
C.
The zoning permit shall be granted or denied in writing by the Zoning
Administrator within 60 days. The permit shall expire within six months
unless substantial work has commenced. Any permit issued in conflict
with the provisions of this chapter shall be null and void.
A.
The provisions of this chapter shall be enforced by the Zoning Administrator.
It shall be his/her duty to keep a complete record of all applications
for zoning permits submitted, zoning permits issued, and a record
of any conditions that may have been imposed by the Plan Commission,
Common Council, or Zoning Board of Appeals under the provisions of
this chapter. The Zoning Administrator shall file and safely keep
copies of all plans submitted.
B.
The Zoning Administrator shall also keep a record of every identifiable
complaint of a violation of any of the provisions of this chapter
and of the action taken consequent to each such complaint. All such
records and plans shall form a part of the records of the office and
shall be available for the use of the Common Council and of other
official agencies and officials of the City of Lancaster.
A.
It shall
be unlawful to construct or use any structure, land, or water in violation
of any of the provisions of this chapter. In case of any violation,
the Zoning Administrator, Common Council, Plan Commission, Zoning
Board of Appeals, or any property owner who would be specifically
damaged by such violation may institute appropriate action or proceeding
to enjoin a violation of this chapter.
B.
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.
[Amended 11-17-2014 by Ord. No. 2014-05]
Any land division, subdivision, or division which creates a
condominium form of tenancy shall not create a violation of this chapter.
A.
Sites not suitable for development. No land shall be used or structure
erected where the land is held unsuitable for such use or structure
by the Plan Commission by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
bearing strength, erosion susceptibility, or any other feature likely
to be harmful to the health, safety, prosperity, aesthetics, and general
welfare of this community. The Plan Commission, in applying the provisions
of this subsection, shall in writing recite the particular facts upon
which it bases its conclusion that the land is not suitable for certain
uses. The applicant shall have an opportunity to present evidence
contesting such conclusion if he so desires. Thereafter, the Plan
Commission may affirm, modify, or withdraw its determination of unsuitability.
B.
Lots shall abut on a public street. All lots shall abut upon an improved
public street and each lot shall have a minimum frontage of 40 feet.
Such frontage shall not be provided by easement.
C.
Structures on unplatted land. All buildings hereafter erected upon
unplatted land shall be so placed that they will not obstruct proper
street extensions or other features of proper subdivision and land
planning.
D.
One principal structure per lot. All principal structures shall be
located on one lot, and only one principal structure shall be located,
erected, or moved into a lot. This does not apply to planned unit
developments or condominiums.
E.
Public water and sewer. No zoning permit shall be issued for a site
unless public sewer and water are provided to that site. If appealed,
this requirement may be waived by the Common Council after review
and recommendation by the Director of Public Works and the Plan Commission.
F.
Dedicated street. No zoning permit shall be issued for a lot which
abuts a public street dedicated to only a portion of its proposed
width and located on the side from which the required dedications
have not been secured.
G.
More restrictive district boundaries. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. The minimum
street yards on the less restrictive district side shall be modified
for a distance of not more than 60 feet from the district boundary
line so as to equal the average of the minimum street yards required
in both districts.
H.
Combination of lots. In any residential zoning district, the owner
of two lots which, if combined, would meet the minimum lot size standards
and setback standards for the zoning district in which the lots are
located, or the more restrictive lot size and setback standards if
the lots are located in different zoning districts, shall not be required
to replat the lots and may disregard the interior lot line between
the lots and elect to treat the lots as one lot under the following
conditions:
(1)
The lots shall be treated as one lot for all purposes.
(2)
The exterior lot lines of the platted lots shall be used to determine
the limits of the combined lots.
(3)
If the lots are located in two zoning districts, the more restrictive
zoning district standards shall apply to the entire combined lot.
(4)
The City must be notified prior to any construction that the owner
is electing to treat the lots as one. Such an election, once made,
is irrevocable.
I.
Condominium side yard requirements. The minimum side yard requirements
set forth in the zoning districts of this chapter shall not be applicable
to two or more unit condominiums.
[Added 2-20-2006 by Ord. No. 2006-01]
J.
Exterior lighting. When any lighting is used to illuminate the outside
of a building, a parking area, or any exterior open space, the lighting
shall be shaded or diffused in order to direct the light away from
adjoining properties and adjoining streets so as not to create a hazard
or public nuisance.
[Added 4-16-2007 by Ord. No. 2007-04; amended 11-17-2014 by Ord. No. 2014-05]
A.
Permitted uses. Permitted uses are those uses specified for a district
and their essential services.
B.
Accessory uses. Accessory uses and structures are permitted in any
district in accordance with the provisions of this chapter, but not
until the principal structure is present or under construction.
C.
Conditional uses. Conditional uses and their accessory uses and structures
are considered as special uses requiring review, public hearing, and
recommendation by the Plan Commission in accordance with the provisions
of this chapter.
D.
Temporary uses. Temporary uses, such as shelters for materials and
equipment being used in the construction of a permanent structure,
may be permitted by the Zoning Administrator. Permits for temporary
uses must be for a specific period not to exceed six months and for
a specific use.
E.
Joint use. No part of any lot, yard, parking area, or other space
required by this chapter for a structure or use shall be used for
any other structure or use.
F.
Uses defined by SIC code. All nonresidential uses shall be described
and classified using the SIC codes as they appear in the most recent
edition of the official publication known as the "Standard Industrial
Classification Manual," U.S. Department of Commerce, Office of Federal
Statistical Policy and Standards, or any supplement thereof.
