On a corner lot in all districts, except the CB and CB1 Districts,
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as to block vision between a height of three feet and 10
feet from grade within the triangular area established by the placement
of two intersecting lines 25 feet in length along each cartway edge
or curbline, excluding bulbouts, which are then connected by a third
line forming the triangle. Where a building already exists in this
twenty-five-foot sight triangle area, nothing obstructing vision shall
be placed within that sight triangle created by existing walls and
porches.
[Amended 7-11-2017 by Ord. No. 10-2017; 5-10-2022 by Ord. No. 07-2022]
Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard or permitted building area, subject to the following maximum height restrictions, provided that no conflict with § 300-24, Visibility at intersections, shall occur; no obstruction of visibility at driveway openings shall occur within the sight triangle created by the intersecting lines of the driveway and property line and a line joining points along each line five feet from the point of intersection; the finished side of the fence shall face the adjoining property or a public right-of-way; and fences and walls shall not be constructed from scrap metal, sheet metal, junk or sheets of plywood and shall be uniform in construction materials and design. See also § 300-42I, which may require a larger sight triangle for a parking lot.
|
Maximum Height of Fences, Walls and Hedges
| ||||
|---|---|---|---|---|
|
Height Limitations Measured from Grade
|
Residential Districts
R1, R2, R3, R4, RO, MU
(feet)
|
Nonresidential Districts
C1, C2, C3, CB, CB1, CM, SM, DF, HC, PO
(feet)
| ||
|
Residential property
| ||||
|
Fences and walls
| ||||
|
Minimum front yard
|
4***
|
4***
| ||
|
Secondary front yard*
|
6
|
6
| ||
|
Side and rear yard
|
6
|
6
| ||
|
Permitted building area
|
6
|
6
| ||
|
Hedges
| ||||
|
Front yard
|
4
|
4
| ||
|
Secondary front yard*
|
6
|
6
| ||
|
Side and rear yard
|
6
|
6
| ||
|
Permitted building area
|
6
|
6
| ||
|
Commercial, institutional, cultural and recreational property
| ||||
|
Fences and walls
| ||||
|
Front yard
|
4***
|
4***
| ||
|
Secondary front yard*
|
6
|
6
| ||
|
Side and rear yard
|
6
|
6**
| ||
|
Permitted building area
|
6
|
6**
| ||
|
Hedges
| ||||
|
Front yard
|
4
|
4
| ||
|
Secondary front yard*
|
6
|
6
| ||
|
Side and rear yard
|
6
|
6**
| ||
|
Permitted building area
|
6
|
6**
| ||
|
Transportation, communication, utility, manufacturing
and industrial property
| ||||
|
Fences and walls
| ||||
|
Front yard
|
4
|
6
| ||
|
Secondary front yard*
|
6
|
6
| ||
|
Side and rear yard
|
6
|
8**
| ||
|
Permitted building area
|
6
|
—
| ||
|
Hedges
| ||||
|
Front yard
|
4
|
6
| ||
|
Secondary front yard*
|
6
|
6
| ||
|
Side and rear yard
|
6
|
8**
| ||
|
Permitted building area
|
6
|
—
| ||
|
NOTES:
| |
|
*
|
On corner lots, the maximum height of a fence or hedge within the minimum front yard shall not exceed four feet. In portions of the secondary front yard that are not in the minimum front yard and are not within the required sight triangle under § 300-24, a fence or hedge shall not exceed six feet in height.
 |
 | |
|
**
|
Special exception approval is required to increase the height
of a fence or hedge up to two feet above maximum. A wall over maximum
height and a fence or hedge over this special exception maximum height
shall require a variance. Retaining walls that are necessary for structural
engineering reasons are not subject to height limitations.
|
|
***
|
A fence on a residential lot in a minimum front yard shall be
mostly open in construction, such as a split rail, picket or chain
link fence, as opposed to a mostly solid fence.
|
Upon application to the Zoning Hearing Board for special exception
and subject to the following standards and criteria, the side yard
setback requirements for residential buildings in all districts except
the R1 and R2 Districts may be waived. The applicant must also demonstrate
to the Zoning Hearing Board's satisfaction that the granting of the
special exception will not result in structural, safety or health
hazards to abutting properties and must present evidence to the Board
of full compliance with the following conditions:
A.
That a five-foot open distance will be maintained from any existing
wall or building to allow for necessary maintenance or that the junction
between the new structure and adjoining structure(s) will be permanently
sealed from infiltration by air, water or other eroding elements;
B.
That the proposed construction will meet all applicable Lancaster
City building, fire and other relevant safety codes;
C.
That the applicant will present to the Zoning Hearing Board legally
binding easement documents from adjoining property owner(s) providing
for access for maintenance of the building or permission to abut the
wall of the adjoining structure(s);
D.
That access to the rear yard of all properties will be provided other
than through the principal structure(s); and
E.
That no building or portion of a building will be within five feet
of a door or window of an adjacent building.
A.
No accessory structure of any kind shall be erected or placed in
any required front, secondary front, or side yard, except that in
the case of a corner lot, which has no rear yard, an accessory structure
may be erected or placed in the side yard, subject to the setback
or easement provided herein for structures in the rear yard.
B.
When an accessory structure is proposed, the setback of the accessory
structure shall be no less than the setback of existing principal
structures of adjoining properties on the same block face.
[Amended 7-11-2017 by Ord. No. 10-2017]
C.
An accessory structure used for parking purposes is permitted in
the required rear yard; provided, however, that the structure is located
at least three feet from the edge of a common, private, or public
alley and from any side lot line, or, if less than three feet from
the side lot line, the applicant provides a recorded easement, acceptable
to the City, from the adjoining property owner providing access for
maintenance of the building, or permission to abut the wall of any
existing structure on the neighboring property.
D.
All other accessory structures may be permitted in the required rear
yard; provided, however, that a three-foot setback from any side lot
line or rear lot line not abutting an alley is maintained, or, if
less than three feet, the applicant provides a recorded easement,
acceptable to the City, from the adjoining property owner providing
access for maintenance of the structure, or permission to abut the
wall of any existing structure on the neighboring property.
[Amended 6-25-2019 by Ord. No. 10-2019]
In any district, more than one principal
building may be permitted on a single lot, provided that the land
development plan is in compliance with the following provisions:
A.
On any single lot containing residential uses, more than one building housing a permitted principal residential use may be permitted on the lot, provided that yard and other requirements of this chapter shall be met for the entire lot regardless of the number of buildings. Parking for one additional residential unit in a separate building may be reduced as per § 300-44E.
B.
On any single lot containing only nonresidential
uses, more than one building housing a permitted principal use may
be permitted, provided that yard and other requirements of this chapter
shall be met for the entire lot regardless of the number of buildings,
except that when the additional nonresidential building is an existing
structure, front, side and rear yard setbacks and lot area for that
building may be waived.
The height limitations contained in the height, area and bulk regulations of § 300-20 do not apply to spires, belfries, cupolas, noncommercial antennas, satellite dishes, water tanks, air-conditioning units, ventilators, chimneys, solar collectors, skylights, or other appurtenances customarily placed above the roof level and not intended for human occupancy, except that any such structure or appurtenance shall be erected or installed in accordance with City construction codes. The height of commercial telecommunications antennas and towers shall be regulated as provided for in § 300-15, transportation, communication and utilities.
A.
The minimum habitable floor area of a rooming unit, efficiency, or
a dwelling unit, with the exception of a manufactured dwelling, hereafter
erected or converted shall be as follows:
B.
The minimum habitable floor area for units within hotels or other
commercial lodging establishments shall be 200 square feet for each
room used for sleeping purposes, except that the minimum for bed-and-breakfast
establishments within existing buildings shall be 100 square feet.
Where permitted by right or with Zoning Hearing Board approval, single-family dwellings or other uses may be converted into certain uses (as allowed by Article V), provided that all applicable provisions of this chapter are met. However, no certificate of zoning compliance shall be issued for the conversion of an existing building into four or more residential units unless a land development plan has been submitted and approved in accordance with the City of Lancaster Subdivision and Land Development Ordinance (SLDO), Chapter 265 of the City's codified ordinances, as amended. Furthermore, no certificate of zoning compliance shall be issued for the conversion of a single-use nonresidential building for occupancy by two or more occupants by means of leaseholds, condominiums or other allocation of space, as per the Pennsylvania Municipalities Planning Code definition of land development, unless a land development plan has been submitted and approved, if required by the City of Lancaster Subdivision and Land Development Ordinance.
A.
Every lot hereafter created shall abut and have satisfactory vehicular
access from a public street. Every building hereafter erected or moved
shall be on a lot adjacent to a public street and shall have safe
and satisfactory vehicular access from a public street for servicing,
fire protection and off-street parking.
B.
All attached dwellings hereinafter constructed shall have pedestrian
access to the rear yard by means other than through the living area
of the principal structure; such pedestrian access shall be a minimum
of three feet in width, conveniently located, paved or otherwise identified
as a pedestrian access, and shall be at a grade not exceeding 20%
without providing handrails.
For purposes of these regulations, "major recreational equipment"
is defined as including boats and boat trailers, travel trailers,
recreational vehicles, pickup campers (designed to be mounted on automotive
vehicles), motorized dwellings and recreational trailers, and which
have lengths greater than 22 feet. Trailer hitches shall not be considered
in measuring the length. No major recreational equipment shall be
parked or stored in any required front, secondary front, or side yard,
nor shall any major recreational equipment be parked or stored in
any required off-street parking space. However, such equipment may
be parked anywhere on the premises for not more than two days in any
seven day period during loading and unloading. No such equipment shall
be used for living or sleeping purposes when parked or stored in any
location not approved for such use.
In all districts, all motor vehicles, boats or trailers, including
recreational trailers, which are inoperable or do not have current
registration plates and/or current inspection stickers displayed thereon
shall be parked or stored in a completely enclosed building unless
the lawful principal use of the property on which such vehicles, boats
or trailers are located involves the repair, storage, or disposal
thereof.
[Amended 5-10-2022 by Ord. No. 07-2022]
If the proposed development would generate 50 or more new vehicle trips in the peak direction (inbound or outbound) during the site's peak traffic hour, a traffic impact study prepared and conducted in accordance with Chapter 265, Subdivision Land Development, Article VIII, Traffic and Transportation, must be submitted at the time of the zoning application, unless the development is exempted by the criteria set forth in § 265-44; however, developments, expansions, or changes in use that require the submission of a land development plan are exempt from this zoning requirement.
All outside storage areas for nonresidential uses, except as provided for in § 300-44, Location of parking facilities, shall be within the permitted building area. For all nonresidential outside storage areas, screening or buffering in accordance with the height limitations of § 300-25 shall be installed and maintained where the area is within 20 feet of a public street or public alley or residential property.
In all districts, no building nor any portion of a building
may project into any required yards, except as provided for below:
A.
Projections into required yards.
(1)
An unenclosed projection in the nature of an entry, portico or stoop
projecting no more than four feet from the wall of a building or a
ramp projecting no more than the minimum dimension required to meet
the standards of the Americans with Disabilities Act shall be exempt
from the requirements of its particular district. In computing the
average setback, the presence of such projections shall be ignored.
(2)
An unenclosed porch, unenclosed balcony, or deck and the accompanying
steps to the ground, fire escape, or chimney may be permitted to project
into any required rear yard when the building otherwise is in conformity
with the regulations for its particular district.
(3)
An unenclosed porch within any required front yard may be permitted,
provided that:
(4)
An unenclosed porch, unenclosed balcony, deck, fire escape, or chimney
within any required side yard may be permitted, provided that:
B.
Porch enclosures. Enclosing of front porches in part or entirely
with immovable partitions or walls of any nature shall require special
exception approval of the Zoning Hearing Board. Movable or retractable
blinds and/or awnings are not considered as enclosures; however, permanently
affixed lattice or similar rigid panels are considered to be enclosures.
The Board shall grant the special exception only if there is clear
and convincing evidence that all of the following requirements are
met: the enclosure is compatible with the character of the immediate
neighborhood; the enclosure will not create an adverse impact on adjoining
properties; and there is compliance with any approval needed under
the Heritage Conservation District Ordinance or the Historic District
Ordinance, as applicable.
Notwithstanding other provisions of this chapter, structures
in the Hospital Complex District must comply with the following:
A.
Building height and minimum front yard setbacks. Building height
and required building setback requirements shall be determined in
accordance with the following:
|
Street Frontage
|
Minimum Front Yard Setbacks **
(feet)
|
Maximum Building Height*
| |
|---|---|---|---|
|
North Duke St. (east side) College Ave.
|
20
|
45 feet at the building setback, increasing to 120 feet at a
rate of one foot of height for every two feet of setback
| |
|
North Duke St. (west side)
|
5
|
75 feet at the building setback, increasing to 120 feet at a
rate of one foot of height for every two feet of setback
| |
|
East James St.
East Frederick St.
West Walnut St.
Marietta Ave.
|
10
|
45 feet at the building setback, increasing to 120 feet at a
rate of one foot of height for every two feet of setback
| |
|
North Lime St.
North West End Ave.
|
20
|
65 feet at the building setback, increasing to 120 feet at a
rate of one foot of height for every one foot of setback
| |
|
North Christian St.
|
5
|
120 feet at building setback line
| |
|
North Queen St.
|
5
|
75 feet at the building setback, increasing to 120 feet at 20
feet from the street right-of-way line
| |
|
North Prince St.
|
0
|
75 feet at the building setback increasing to 120 feet at 20
feet from the street right-of-way line
| |
|
West Frederick St.
|
0
|
75 feet at the building setback, increasing to 120 feet at 20
feet from the street right-of-way line
| |
|
North Market St.
|
0
|
120 feet at building setback line
|
|
NOTES:
| |||
|---|---|---|---|
|
*
|
"Existing buildings," as used in this section, shall mean buildings
which exceeded the above height requirements on December 12, 1989,
the date of the original adoption of the Hospital Complex District.
Such existing buildings may be expanded at their current elevation,
provided the following are met:
| ||
|
1.
|
The additional height is necessary to provide expansion of the
upper floors of the existing building;
| ||
|
2.
|
The height of the new construction is limited to a horizontal
extension of the existing roofline along the same or a lower elevation.
In no case shall the height of any new construction exceed the height
of the existing structure; and
| ||
|
3.
|
The height of the new construction shall only exceed the above
requirements along one street line and shall not encroach upon the
height limitation imposed upon any other street.
| ||
|
**
|
Overhead structures located over public streets that serve as
connections between buildings or pedestrian walkways are not subject
to the front yard minimum setback requirements. Abutments or supporting
structures for the overhead structures are not subject to the front
yard minimum setback requirements set forth in the table, but shall
have a front yard minimum setback requirement of five feet.
| ||
B.
Minimum side and rear yard setbacks. Side and rear yard setbacks
shall be five feet. Side and rear yard setbacks shall be reduced or
eliminated when the adjoining property owner grants a maintenance
easement acceptable to the City, and the applicant records said easement
agreement in the office of the Recorder of Deeds for Lancaster County.
C.
Landscaped area.
(1)
All undeveloped portions of each lot shall be landscaped. When possible,
existing mature trees shall be retained. A minimum of 10% of the lot
must be provided as permanent ground level landscape area. This landscape
area calculation is exclusive of the areas used for buildings, paving
and sidewalk. The landscape area shall provide natural ground cover,
trees, and shrubs under the design of a Pennsylvania registered landscape
architect. A minimum of 30% of the landscape area shall be planted
in a combination of trees and shrubs.
(2)
Appropriate landscaping shall be provided to restore the streetscape.
Trees shall be used to reduce the visual plane of buildings. Foundation
plantings, composed of mixed shrubs and ground covers shall be provided
across all facades located in normal public view. All buildings shall
provide at least one tree, with a minimum trunk diameter of two inches
measured four foot above ground level, for every 40 feet of building
frontage, excluding building frontages on streets having a right-of-way
width of 20 feet or less.
D.
Parking garages. Parking garages shall be permitted as uses by right as accessory uses in the HC District and may be located on a separate lot from HC District uses. Parking facilities shall comply with the requirement of § 300-44B if the property is located in the Historic Resource Overlay District. Screening or other improvements shall be provided to shield parked cars from view. Driveway openings and access lanes shall be minimized. Safe and convenient pedestrian connections between the parking facilities and the principal use shall be provided. Section 084.6,[1] Discontinuation of required parking facilities, shall
not apply to parking garages in the HC District.
E.
Temporary open space. Temporary open space that is accessible to
the public shall be permitted as a use by right within the HC District,
provided that such area is owned and maintained by a hospital licensed
by the Commonwealth of Pennsylvania. The owner of the temporary open
space shall be allowed to impose and post reasonable use restrictions
including, but not limited to, hours that the space is open to the
public. Fully accessible pedestrian connections between adjoining
public right(s)-of-way and the temporary open space shall be provided,
and both active and passive recreational amenities may be installed.
All temporary open space improvements are subject to requirements
of the Stormwater Management Ordinance.[2]
[Added 7-11-2017 by Ord.
No. 10-2017]
A.
General provisions.
(1)
Purposes. The purposes of these provisions are to prevent the loss
of property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities and frequencies,
(b)
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding,
(c)
Requiring all those uses, activities, and developments that
do occur in flood-prone areas to be protected and/or floodproofed
against flooding and flood damage,
(d)
Protecting individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
(2)
Applicability. These provisions shall apply to all lands within the
jurisdiction of the City of Lancaster shown as being located within
the boundaries of the designated floodplain districts or adjacent
to streams or other bodies of water as identified on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map, Lancaster County,
Pennsylvania, or latest revision thereof, and the City of Lancaster
Floodplain and Flood-Prone Areas Map.
(a)
Where a waterway exists in the form of a drainage swale or spring
that has been mapped by the City but which does not have a delineated
one-hundred-year floodplain on the Official Federal Floodplain Maps,
a minimum building setback of 30 feet landward from the top of the
bank of any watercourse shall be required, unless the applicant provides
a floodplain delineation acceptable to the City Engineer that shows
a more narrow one-hundred-year floodplain along that waterway.
(3)
Compliance. No structure or land shall hereafter be used and no structure
shall be located, relocated, constructed, reconstructed, enlarged,
or structurally altered except in full compliance with the terms and
provisions of this chapter and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this chapter.
(4)
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of this chapter is considered reasonable
for regulatory purposes and is based on acceptable engineering methods
of study. Larger floods may occur on rare occasions. Flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside the floodplain districts or that land uses permitted
within such districts will be free from flooding or flood damages.
This chapter shall not create liability on the part of the City of
Lancaster or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
(5)
Abrogation and greater restrictions. This chapter supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this chapter, the more restrictive shall apply.
B.
Establishment of floodplain districts.
(1)
Basis of districts.
(a)
Floodplain districts shall include areas subject to inundation
by the one-percent annual flood, also known as of the "one-hundred-year
flood." The basis for the delineation of the one-hundred-year floodplain
districts shall be one of the following, whichever is more restrictive:
[1]
The Flood Insurance Study (FIS), dated April 19, 2005, for the
City of Lancaster, Lancaster County, and the accompanying Flood Insurance
Rate Map (FIRM) panels as prepared by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof;
[2]
The City of Lancaster Floodplain and Flood-Prone Areas Map,
dated July 2012;
[3]
A hydrologic report prepared by an individual registered in
the Commonwealth of Pennsylvania to perform such duties, provided
that such report shall be approved by an agency of the City, county,
state or U.S. government; or
[4]
A hydrologic report prepared by an agency of the City, county,
state, or U.S. government.
(b)
In case of any dispute concerning when, where and how the floodplain
is to be established, the City of Lancaster will determine the ultimate
design criteria and/or flood boundary limits.
(2)
Specific floodplain areas and special requirements. The identified
floodplain area shall consist of the following specific areas, with
all specific areas subject to inundation by the one-hundred-year flood
collectively identified as the "one-hundred-year floodplain district":
(a)
Floodway area. The areas identified as "floodway" on the FIRM
panels that represent the channels of watercourses and adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one
foot an any point. The term shall also include floodway areas that
have been identified in other available studies or sources of information
for those floodplain areas where no floodway has been identified in
the Flood Insurance Study.
[1]
Special requirement. No construction or encroachment is permitted
in the floodway that would cause any increase in flood heights. Additionally,
no construction or other activity shall be undertaken without first
obtaining a permit from the Pennsylvania Department of Environmental
Protection (DEP) regional office.
[2]
Where no floodway has been identified on a tributary with constant
flow, a minimum fifty-foot setback shall be maintained for all structures.
(b)
Special floodplain area. The areas identified as Zone AE on
the FIRM panels that are subject to inundation by the one-percent
annual chance flood event determined by detailed methods and having
identified base flood elevations (BFEs).
[1]
Special requirement. No construction or encroachment is permitted
in the floodway that would cause any increase in flood heights.
[2]
Special requirement in Zone AE without an identified floodway.
No permit shall be granted for any construction, development, use,
or activity within any AE area not having an identified floodway unless
it can be demonstrated that the cumulative effect of the proposed
development would not, together with all other existing development
and anticipated development, increase the BFE.
(c)
Approximate flood area: the areas identified as Zone A on the
FIRM panels that are subject to the inundation by the one-percent
annual chance flood event determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no BFEs
or flood depths are shown.
[1]
Special requirements.
[a]
No construction or encroachment, including fill,
shall be permitted that would cause any increase in flood heights.
In the absence of a detailed flood analysis, new construction or development
shall be located 50 feet landward from the top of the bank of any
watercourse, unless a permit is obtained from the DEP regional office.
[b]
Where available, information from federal, state,
or other acceptable sources shall be used to determine the BFE, as
well as a floodway area if possible. When no other information is
available, the BFE shall be determined by using a point on the boundary
of the identified floodplain area which is nearest to the construction
site in question.
[c]
In lieu of the above, the City of Lancaster may
require the applicant to determine the flood elevation with hydrologic
and hydraulic engineering techniques. The analysis shall be undertaken
only by professional engineers or others of demonstrated qualifications
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the City.
(d)
Other flood areas. The areas identified as Zone X on the FIRM
panels include certain areas subject to the one-percent and two-tenths-percent
annual chance flood. The areas include floodplains adjacent to studied
waterways commonly referred to as the "one-hundred-year and five-hundred-year
floodplains," small streams, drainage swales and ditches and other
unstudied water channels that are used to convey surface waters to
areas within Zone A and AE.
[1]
Special requirement. In lieu of a flood study or evidence of
historical flood heights, all development shall be set back 30 feet
from the top of the bank of any watercourse and from other low-lying
areas subject to flooding. The City shall consider existing topography,
watershed development, history of flooding, a flood analysis study
provided by the applicant, and other factors in deciding if a setback
of less than 30 feet is appropriate.
(3)
Overlay concept.
(a)
The floodplain districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Map, and as such, the provisions for the floodplain districts shall
serve as a supplement to the underlying district provisions.
(b)
Where there happens to be any conflict between the provisions
or requirements of any of the floodplain districts and those of any
underlying district, the more restrictive provisions and/or those
pertaining to the floodplain district shall apply.
(c)
In the event any provisions concerning a floodplain district
are declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying district provisions
shall remain applicable.
(4)
Zoning Map. The boundaries of the floodplain districts, while not
shown on the Zoning Map, are established as part of the Official Zoning
Map of the City of Lancaster, and are declared to be a part of this
chapter. The Bureau of Planning shall maintain a record of all studies
and maps that depict areas known to be susceptible to flooding.
(5)
District boundary changes. The delineation of any of the floodplain
districts may be revised by the governing body where natural or man-made
changes have occurred and/or more detailed studies conducted or undertaken
by the U. S. Army Corps of Engineers, the Susquehanna River Basin
Commission or other qualified agency or individual documents the need
for such change. However, prior to any such change, approval must
be obtained from the Federal Emergency Management Agency.
(6)
Interpretation of district boundaries. Initial interpretations of
the boundaries of the floodplain districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of
the districts, the Zoning Hearing Board shall make the necessary determination.
The person questioning or contesting the location of the district
boundary shall be given a reasonable opportunity to present his/her
case to the Board and to submit his/her technical evidence if he/she
so desires.
C.
District provisions. All uses, activities, and development occurring
within any floodplain district shall be undertaken only in strict
compliance with the provisions of this chapter, with all other applicable
codes and ordinances of the City of Lancaster, and with all applicable
federal and state laws and regulations. Under no circumstances shall
any use, activity and/or development adversely affect the capacity
of the channels or floodplains of any watercourse, drainage ditch,
or any other drainage facility or system. Prior to any proposed alteration
or relocation of any stream, watercourse, etc., within the City, a
permit shall be obtained from the DEP regional office. Further notification
of the proposal shall be given by the City of Lancaster to all affected
adjacent municipalities as well as the Lancaster County Planning Commission.
Copies of such notifications shall be forwarded to both FEMA and the
Pennsylvania Department of Community and Economic Development.
(1)
One-hundred-year floodplain overlay in residential districts. Where the one-hundred-year floodplain district, shown as Zone AE on the FIRM panels, is an overlay to an underlying residential district, as stipulated in § 300-2, Districts, no development shall be permitted that causes a rise in the one-hundred-year flood. Uses permitted by right and by special exception in the one-hundred-year floodplain district within residential zoning districts are limited to the following:
(a)
Permitted uses. In the one-hundred-year floodplain district,
the following uses and activities are permitted, provided that they
are in compliance with the provisions of the underlying district and
are not prohibited by any other ordinance and provided that they do
not require structures, fill, or storage of materials and equipment:
[1]
Public recreational uses and activities conducted on pervious
surfaces, such as parks, day camps, picnic grounds, golf courses,
boat launching and swimming areas, hiking and horseback riding trails,
wildlife and nature preserves, and game farms.
[2]
Yard areas, gardens and play areas accessory to residential
uses.
[3]
Yard areas accessory to industrial and commercial uses.
[4]
Stormwater outfall structures and rip-rap with DEP permit.
(b)
Uses permitted by special exception. The following uses and
activities may be permitted by special exception, provided that they
are in compliance with the provisions of the underlying district,
are not prohibited by any other ordinance and will cause no increase
of the water surface elevation, at any point, during the base flood
discharge (one-hundred-year flood):
[1]
Public facilities and improvements such as railroads, streets,
bridges, piers, abutments, pipelines, water and sewage treatment plants,
pervious parking and loading areas, and other similar or related uses.
[2]
Private, restricted or commercial recreational uses and activities
conducted on pervious surfaces, such as parks, day camps, picnic grounds,
golf courses, boat-launching docks, piers, swimming areas, hiking
and horseback riding trails, wildlife and nature preserves, and game
farms.
(2)
Five-hundred-year floodplain overlay district. In the two-tenths-percent
annual chance flood area (five-hundred-year floodplain district),
shown as Zone X on the FIRM panels, the development and/or use of
land shall be permitted in accordance with the regulations of the
underlying district, except that the following uses shall be prohibited:
(3)
One-hundred-year floodplain overlay in nonresidential districts. Where the one-hundred-year floodplain district, shown as Zone AE and Zone A on the FIRM panels, is an overlay to an underlying nonresidential district, as stipulated in § 300-2, Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that:
(a)
No building shall be erected or constructed within a floodway area;
(b)
Any proposed installation of fill material shall require the submission
of a floodplain impact report from a Commonwealth of Pennsylvania
registered engineer demonstrating that the fill will cause no increase
in the water surface elevation of the one-hundred-year flood and that
the fill material will be resistant to erosion by flooding;
(c)
Any development or land development proposing the construction or
erection of a structure or expansion of an existing structure shall
be in conformity with the City of Lancaster Subdivision and Land Development
Ordinance,[1] including the stipulation that no development or encroachment
shall occur which would result in any increase in flood levels during
the one-hundred-year flood; and
(d)
All uses, activities and/or development shall be undertaken in strict
compliance with the elevation and floodproofing and related provisions
contained in all applicable federal, specifically 44 CFR 60.3d of
the National Flood Insurance Program, state and local laws and regulations,
except that the following uses shall be prohibited:
(4)
Other flood areas. Where other flood areas, as shown on the City
of Lancaster Floodplain and Flood-Prone Areas Maps, are an overlay
to a residential or nonresidential district, the development and/or
use of land shall be permitted in accordance with the underlying district
and shall be set back 30 feet from the top of the bank of any watercourse
and from other low-lying areas subject to flooding, provided that
the City shall consider existing topography, watershed development,
history of flooding, a flood analysis study provided by the applicant,
and other factors in deciding if a setback of less than 30 feet is
appropriate.
(5)
Riparian buffer. To the maximum extent
possible, riparian buffer shall be preserved along all watercourses
to protect private property, promote public safety, maintain and improve
surface water quality, attenuate flooding, reduce soil loss, preserve
wildlife habitat, provide recreational value to waterways, and to
be consistent with goals set forth in the City's Green Infrastructure
Plan. Where riparian buffer currently exists within the 100-year floodplain
district, shown as the 1% annual chance flood on the FIRM panels,
and the 500-year floodplain district, shown as the 0.2% annual chance
flood on the FIRM panels, the following activities shall be prohibited:
[Added 6-25-2019 by Ord. No. 10-2019]
(a)
Removal of any tree larger than two
inches diameter at breast height from any floodplain district or riparian
buffer without a permit from the City's Floodplain Administrator.
(b)
Removal of riparian buffer from the floodway or 100-year floodplain, in a manner that is not strictly consistent with PADEP's or the USDA's most recently published guidance document for riparian buffers, as determined by the City's Floodplain Administrator, and § 300-39C(5)(d).
(c)
Removal of more than 20% of the riparian
buffer on a lot from the 500-year floodplain, in a manner that is
not strictly consistent with PADEP's or the USDA's most recently published
guidance document for riparian buffers, as determined by the City's
Floodplain Administrator.
(d)
Use of fertilizers, pesticides, herbicides,
and/or other chemicals within the 100-year floodplain, unless approved
by the City's Floodplain Administrator.
D.
Special exceptions and variances; additional factors to be considered.
(1)
In passing upon applications for special exceptions and variances
the Zoning Hearing Board shall consider all relevant factors and procedures
specified in other sections of the Pennsylvania Municipalities Planning
Code, as amended, this chapter and the following:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development, or activity that
will cause any increase in flood levels in the one-hundred-year floodplain
district;
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others;
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions;
(d)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners;
(e)
The importance of the services provided by the proposed facility
to the community;
(f)
The requirements of the facility for a waterfront location;
(g)
The availability of alternative locations not subject to flooding
for the proposed use;
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future;
(i)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area;
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles; and
(k)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(2)
The Zoning Hearing Board may refer any application and accompanying
documentation pertaining to any request for a special exception or
variance to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for protection
and other related matters. Costs incurred by the City for this technical
review shall be paid by the applicant. No zoning certificate of zoning
compliance or building certificate of occupancy shall be issued, nor
shall any land development or subdivision plan be unconditionally
approved, prior to payment of these costs.
(3)
Special exceptions and/or variances shall only be issued after the
Zoning Hearing Board has determined that the granting of such will
not result in an increase in flood heights, additional threats to
public safety, extraordinary public expense, nuisances, fraud or victimization
of the public, or conflict with local laws or ordinances.
E.
Administration. A floodplain zoning permit shall be required for
all construction and development in all floodplain districts, which
includes but is not limited to paving, filling, grading, excavation,
mining, dredging or drilling operations, in all instances where a
certificate of zoning compliance has not been issued or Zoning Hearing
Board approval has not been granted. It shall be a violation of this
chapter to commence construction or development of the aforesaid without
first obtaining the permit/approval herein required.
F.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
500-YEAR FLOOD
FLOOD
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN
FLOODPLAIN DISTRICTS
FLOODPROOFING
FLOODWAY
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
ONE-HUNDRED-YEAR FLOOD
RIPARIAN BUFFER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zone AE that indicates the water surface elevation resulting from
a flood that has a one-percent or greater chance of being equaled
or exceeded in any given year.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A flood that, on average, is likely to occur once every 500
years (i.e., that has a 0.2% chance of occurring each year, although
the flood may occur in any year).
[Added 6-25-2019 by Ord. No. 10-2019]
A temporary inundation of normally dry land areas.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
Those areas inundated primarily by the one-hundred-year flood
and the five-hundred-year flood. Included are areas identified as
the one-hundred-year floodplain district, the five-hundred-year floodplain
district, and other flood-prone areas identified on the City of Lancaster
Floodplain and Flood-Prone Areas Map.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Trees, shrubs, or herbaceous vegetation currently existing
within any 100-year or 500-year floodplain.
[Added 6-25-2019 by Ord. No. 10-2019]
A.
Solar screens and awnings over windows may project into a setback
area by up to five feet.
B.
Solar collection panels shall be allowed to be placed over off-street vehicle parking lots and within rear yards, provided they meet required accessory structure setbacks; do not exceed the maximum height for the district; and do not intrude into or obstruct sunlight from reaching required buffer and landscaped areas. See § 300-29, which allows solar collectors to extend above the maximum building height.
C.
If a building or parking structure includes an approved green roof,
the area covered by the green roof may exceed the maximum building
coverage, up to a maximum total building coverage of 5% higher than
would otherwise be allowed.
(1)
In order to be considered a green roof, such area shall be exposed
to direct sunlight at noontime and shall be covered with vegetation
that is designed to absorb stormwater runoff. Vegetation shall be
planted in a minimum of four inches of depth of soil or other growing
material. Up to 10% of an area of a green roof may include walkways.
If such vegetation dies, it shall be required to be replaced within
150 days.
D.
A LEED-certified building may exceed the maximum building coverage, provided the total building coverage is not increased by a total of more than 5%. This subsection applies if the applicant proves that a new building will be certified or meets a higher standard under the published standards of the Leadership in Energy and Environmental Design (LEED) certified building, following the latest published standards of the U.S. Green Building Council or its successor entity for new construction. This incentive may not be added on top of the incentive in Subsection C above.
(1)
The applicant is required to have a registered architect who is a
LEED-certified professional provide a statement, in writing, to the
Zoning Officer at each of the following times: the land development
application; at the time of the building permit application; and at
a point halfway through construction. Such statement shall provide
a professional opinion that the project will be able to meet the LEED
certification, and specifying the point system that will be used.
(2)
If a building fails to have LEED certification after occupancy, the
City shall have the authority to require that the current building
owner make sufficient changes to the building and submittals to obtain
the intended certification.
