(a)
Filing of an Application.
(1)
Pre-application Conference.
A.
An applicant for a change in zoning must hold a pre-application conference
with the Director or designee Director prior to formal application.
B.
At the pre-application conference, the applicant should present a
draft Concept Plan with as much detail as possible.
C.
Based on the information presented, the City representative will
provide initial comments concerning the merits of the proposed development
and inform the applicant of any additional requirements for preparation
of the formal zoning application.
(2)
Application Requirements.
No application shall be reviewed
which is not complete and accompanied by the payment of fees as established
in this Code or other ordinances of the City of Lancaster. All applications
shall be filed with the City on forms available in the City of Lancaster
offices.
(3)
Timing.
Applications for Rezoning and Plan Approvals
shall be submitted at least one month prior to the first scheduled
hearing date.
(c)
Considerations in Review and Approval of Rezoning.
(1)
Consistency with the Comprehensive Plan.
(2)
Potential impact on adjacent development.
(3)
Availability of utilities and access.
(4)
Site conditions such as vegetation, topography, drainage and floodplain.
(5)
Timing of development as it relates to the City's Capital Improvement
Plan.
(6)
Other issues as may be deemed important.
(Ordinance 2006-04-13, sec. 14.1101,
adopted 4/24/06)
(a)
Purpose.
The purpose of a Site Plan is to ensure that
all provisions of the Zoning Ordinance of the City are adhered to
while providing for design flexibility; that sensitive environmental
issues such as slopes and vegetation are accommodated; and that services
and facilities necessary to support the proposed development will
be available on an appropriate time schedule.
(b)
General.
(1)
Applicability.
Site Plans are required for all new developments,
except individual single-family and duplex lots, and for expansion
of existing development by 50% or more of the gross floor area.
(2)
Application.
Site Plans shall be accompanied by a completed
application form and a proposed development schedule.
(3)
No Permits without Site Plan.
Site Plans may be submitted
at the time of Building Permit application, but no permit shall be
issued for site grading or construction until a Site Plan has been
approved.
(4)
Notification.
No public notification is required for
consideration of a Site Plan, or amendment, beyond posting as an agenda
item for the Planning and Zoning Commission, if appealed or referred
to it. This provision does not apply to PD Site Plans.
(c)
Site Plan Submittal Requirements.
The following requirements
apply to each application for non-PD Site Plan approval unless otherwise
required or approved by the Director:
(1)
Size.
PD Site Plans shall be prepared on sheets and
at a scale as required by the Director. PD Site Plans shall be prepared
by a registered engineer, architect, landscape architect, or a certified
city planner.
(2)
General Information.
A.
North Arrow;
B.
Total site acreage;
C.
Submission date;
D.
Scale (written and graphic);
E.
Vicinity map;
F.
Names, addresses, and telephone numbers of designer, engineer, developer,
and owner;
G.
A boundary survey of the site with the location of proposed land
uses;
H.
Adjacent subdivision names and property lines; and
I.
Adjacent land uses and structures.
(3)
Structures.
A.
Location, dimensions, and use of all existing facilities and proposed
buildings;
B.
Setback and separation distances between buildings;
C.
Proposed construction type and facade materials for all multi-family
and nonresidential buildings (the Commission may require elevations
and perspective drawings);
D.
Proposed density of each use;
E.
Proposed location of screening along public roadways shown on the
PD Concept Plan;
F.
Location and types of signs, including lighting and heights;
G.
Elevation drawings citing proposed exterior finish materials; and
H.
Location of solid waste collection facilities.
(4)
Streets and Sidewalks.
A.
Location and width of all rights-of-way and easements;
B.
Location and dimensions of all pavement and curbing;
C.
Location and width of all sidewalks;
D.
Location and width of all ingress/egress points;
E.
Location and width of all medians and median breaks;
F.
Location of any special traffic regulation facilities;
G.
Location of Fire Lanes; and
H.
Street names on proposed streets.
(5)
Off-Street Parking and Loading Areas.
A.
Number, location, and dimension of spaces;
B.
Type of surface material of parking facility;
C.
Dimension of aisles, driveways, maneuvering areas, and curb return
radii;
D.
Distance between spaces and adjacent rights-of-way;
E.
Location of all existing and proposed fire lanes and hydrants; and
F.
Proposed lighting diagram.
(6)
Landscaping.
A.
Tree survey of major tree groupings and existing trees of 6" caliper
or greater, noting species and whether they are to be removed or retained;
B.
Location and size of proposed plant materials, including paving,
together with type and species of plants;
C.
Number and type of each landscape element;
D.
Height and type of all fencing or buffering;
E.
Height of all planters, sculptures, and decorative screens;
F.
Location and type of trash receptacle screening;
G.
Location and type of lighting for streets, signage, and parking areas;
and
H.
Location of visibility triangles where required.
(7)
Drainage.
A.
Direction of water flow;
B.
Quantity of on- and off-site water generation;
C.
Topographic contours at a minimum of 5-foot intervals;
D.
Points of concentrated water discharge;
E.
Areas where special design and construction may be necessary due
to slope or soil conditions;
F.
Location and design of all water detention and drainage areas; and
G.
Drainage ways, creeks, and limits of the 100-year floodplain and
floodway as shown on current FEMA mapping or the City's master drainage
plan, including location and acreage, together with a general plan
for accommodating floodwaters and drainage.
(d)
Site Plan Review.
(1)
Procedure.
Site Plans shall be reviewed, and a decision
rendered, by the Director, or at his prerogative the Planning and
Zoning Commission, taking into consideration comments from the Plan
Review Committee. The applicant may appeal the decision of the Administrator
to the Planning and Zoning Commission whose decision shall be final.
Such appeal must be made in writing to the Administrator within 10
business days of the Director's notification of decision to the applicant.
(2)
Criteria for Site Plan Review.
In approving or denying
a Site Plan under this Article, the following criteria shall be considered:
A.
The extent to which the Site Plan fulfills the goals, objectives
and standards in the City's Comprehensive Plan, Parks and Open Space
Plan and Thoroughfare Plan.
B.
Safety of the motoring and pedestrian public using the facility and
area surrounding the site.
C.
Safety from fire hazards and measures of fire control.
D.
Protection from flooding and water damage.
E.
Noise and lighting glare effects on adjacent neighbors.
F.
Relations of signs to traffic control and their affect on adjacent
properties.
G.
Adequacy of streets to accommodate the traffic generation of the
proposed development.
H.
Adequacy of off-street parking and loading facilities for the uses
specified.
I.
Landscaping and screening provisions appropriately placed per code
requirements.
J.
Sitting [Siting] structures and other improvements relative to required
setbacks, height limitations, and other density and dimensional requirements.
K.
The impact of the proposed development on slopes, protected vegetation,
the open space system, and adjacent properties.
L.
Such other measures as might secure and protect the public health,
safety, morals and general welfare.
(e)
Effect of Site Plan Approval.
(1)
Site Plan Expiration.
A PD Site Plan shall terminate
at the end of a two-year period unless, within such period, any of
the following occurs:
A.
A Preliminary Plat is approved;
B.
A Final Plat is approved;
C.
The filing of a Final Plat in the Court of Public Record;
D.
The issuance of a Building Permit; or
E.
The approval, by City Council of a Site Plan extension.
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If development of a lot or tract with an approved Site Plan
has not been initiated within 2 years, or more with an extension,
of its final approval, the Site Plan shall be deemed to have expired
and a new review and approval of a Site Plan for development of the
property shall be undertaken, and this new approval shall be required
before a building permit is issued for development. This review and
approval shall be evaluated according to the standards of this ordinance,
taking into account all changes to the ordinance which has occurred
subsequent to the prior Site Plan approval.
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(2)
Phasing Plan Expiration.
If the Site Plan is submitted
in conjunction with an approved phasing plan for development of the
lot or tract, the Site Plan shall be deemed to have expired if any
phase is not completed within the time period approved for such phase.
No Site Plan phase may be planned to exceed three years unless specifically
authorized by the Planning and Zoning Commission and City Council
when demonstrated that due to the size or complexity of the site the
three-year time period would create a hardship. If any phase is not
completed within the time period approved, the entire remaining uncompleted
Site Plan shall be deemed to have expired and the provisions of Subsection
A [(e)(1)] above shall be followed.
(3)
Extension of Site Plan.
Extension of an approved Site
Plan may be granted by City Council, after a recommendation by the
Commission, upon submission of a request for such extension by the
property owner at least 30 days prior to the expiration of the plan.
The Planning and Zoning Commission and City Council shall take into
consideration any changes that have occurred in this ordinance subsequent
to original approval of the plan and the property owner may be required
to bring such plan into compliance with the current requirements.
The period of time approved for any such extension shall be indicated
in any approval, but in no case, shall the period for extension exceed
two (2) years.
(f)
Amendment of Site Plans.
"Minor modifications" to any
Site Plan may be approved by the Director. However, if the Director
believes that a request for minor modification entails a significant
change in the Site Plan, he may refer the request to the Commission
for determination. A "minor modification" to a PD Site Plan is defined
as any modification that does not:
(1)
Alter the basic relationship of proposed development to adjacent
property;
(2)
Change the character of the development;
(3)
Change the uses permitted;
(4)
Increase the maximum density, floor area, or height;
(5)
Decrease the amount of off-street parking, unless parking remains
sufficient in number and conforms to ordinance requirements; or
(6)
Reduce the minimum yards or setbacks.
(Ordinance 2006-04-13, sec. 14.1102,
adopted 4/24/06)
(a)
General.
(1)
Historic Landmarks.
Except as otherwise provided for in Subsections C and D [(3) and (4)] below, no alteration, construction, reconstruction[,] restoration, rehabilitation, removal or demolition shall be allowed upon an historic landmark unless a Certificate of Appropriateness has been approved by the Historic Landmark Preservation Committee and the Planning and Zoning Commission. An applicant may appeal a final decision in accordance with Subsection (c)(5).
(2)
Historic Districts.
Except as otherwise provided for in Subsections (3) and (4) below no alteration, construction reconstruction, restoration, rehabilitation, removal or demolition which alters the exterior architectural appearance visible from a public right-of-way of a structure within a designated historic district shall be allowed unless a Certificate of Appropriateness has been recommended by the Historic Landmark Preservation Committee and approved by the Commission. An applicant may appeal a final decision in accordance with Subsection (c)(5).
(3)
Minor Exterior Alterations.
The Historic Preservation Officer shall be authorized to approve a Certificate of Appropriateness for Minor Exterior Alterations (See Definitions Article 13.00 [subsection (a)(5) of this section]). If the Historic Preservation Officer (HPO) determines that the applicant is seeking a Certificate of Appropriateness to authorize only minor exterior alterations, as referred to in this section, the staff shall review the application to determine whether the proposed work complies with the regulations contained in this section and approve or deny the application within five (5) days of receipt. However, the Historic Preservation Officer shall at his or her discretion be authorized to forward such an approval for any reason to the Historic Landmark Preservation Committee for recommendation to the Commission. An applicant may appeal either decision pursuant to the appeal process in this Section.
(4)
Emergency Repairs or Demolition.
The Building Official shall be authorized to approve temporary/emergency repairs and/or demolition for any Historical structure without the need to first obtain a Certificate of Appropriateness when such actions are appropriate to ensure the safety and welfare of the public against an eminent [imminent] threat or when failure to act in a timely manner is reasonably likely to result in significant degradation to a structure or regulated element. Such temporary/emergency repairs and/or demolitions should be limited to the extent minimally necessary to alleviate the immediate concern and done in such a manner as to be reversible to the extent practical. The Building Official shall notify the Historic Preservation Officer as soon as practical following any such action with details relating to the extent and nature of the repairs and/or demolition. This authority for temporary/emergency repairs and/or demolition shall also apply to buildings or areas nominated for landmark or historic district status (See Article 2.00).
(5)
CA Definitions.
For the purpose of this section, the
following definitions shall apply:
A.
Alteration.
Any act or process that
changes one or more of the exterior architectural features of a building,
including but not limited to the erection, construction, reconstruction
or removal of any structure.
B.
Certificate of Appropriateness.
A certificate
issued by the Planning and Zoning Commission indicating its recommendation
of plans for alteration, construction, removal or demolition of an
historic landmark or a structure within an historic district.
C.
Certificate of Economic Hardship.
A
certificate issued by the Planning and Zoning Commission upon recommendation
by the HLPC approving the alteration, construction, removal or demolition
of an historic landmark or a structure within an historic district,
even though a Certificate of Appropriateness had previously been denied.
D.
Construction.
The act of altering or
by adding an addition to an existing building or the erection of a
new principal or accessory structure on a lot or property.
E.
Demolition.
The act or process that
destroys in part or in whole a landmark or a structure within an historic
district.
F.
Exterior Architectural Appearance.
The architectural character and general composition of the exterior
of a structure, including but not limited to the type, color and texture
of the building material and the type, design and character of all
windows, doors, light fixtures, signs and appurtenant elements.
G.
Minor Exterior Alterations.
The installation
of or alteration to awnings, fences, gutters and downspouts, lighting
fixtures, steps, paving or landscaping; alteration, construction,
restoration or removal of any exterior architectural feature of a
building or structure which does not involve any significant change
in the architectural or historic value, style, general design or appearance
of the building or structure; and additions or changes not visible
from a public right-of-way to the rear of the main building or structure
or to an accessory structure.
H.
Reconstruction.
The act or process
of reproducing by new construction the exact form any [and] detail
of a vanished structure.
I.
Rehabilitation.
The act or process
which returns a structure to a useful state. Rehabilitation may include
alterations or additions to the structure or the repair or replacement
of architectural elements or features.
J.
Removal.
The act of moving a structure
from its current site to another site.
K.
Repair.
Any change that is not construction,
removal or alteration.
L.
Restoration.
The act or process which
returns a structure to an earlier appearance. Restoration may include
the removal of later additions or changes, the repair of deteriorated
elements or the replacement of missing features.
M.
Structure.
Anything constructed or
erected, the use of which requires permanent or temporary location
on or in the ground, including but limited to buildings; fences; gazebos;
advertising signs and billboards.
(b)
Application Required.
(1)
Prior to the issuance of any building permit, excavation permit,
development permit or prior to the commencement of any work requiring
a Certificate of Appropriateness, the property owner or the owner's
authorized agent shall file an application for a Certificate of Appropriateness
with the Historic Preservation Officer.
The application shall be completed in full, in a format and
on forms as approved by ordinance, policy or procedure of the City.
The Historic Preservation Officer shall be authorized at any time
to reject an application or deny it for any of the following reasons:
(2)
No building permit shall be issued for such proposed work until a
Certificate of Appropriateness or a Certificate of Economic Hardship
(see Subsection 3.4 [(d)] below) has been issued. This requirement
shall be in addition to any building permit or other development permit
that may be required by any other ordinance of the City.
(c)
Certificate of Appropriateness Review and Appeals Procedures.
(1)
First Review.
The Historic Preservation Officer or the
HLPC as appropriate, shall review an application for a Certificate
of Appropriateness no later than forty-five (45) days following the
receipt of an administratively complete application. The applicant
or designated representative shall be afforded an opportunity to submit
evidence and/or testimony related to the pending action for this review
consistent with adopted rules policies or procedures. Evidence in
addition to the application submittal including but not limited to
expert opinion, historic documents, photographs, maps, reports, and
testimonials reasonably relevant to the application may be considered
by the authority considering an application.
(2)
Planning and Zoning Commission Review of Historic Landmarks.
For properties designated as Historic Landmarks, a review and
approval by the Planning and Zoning Commission based on a recommendation
by the HLPC shall be required for the issuance of the Certificate
of Appropriateness. The Planning and Zoning Commission shall consider
the application within forty-five (45) days following action by the
HLPC. The Planning and Zoning Commission shall approve, approve subject
to modification or deny the request. The action of the P&Z shall
be a final decision subject to appeal as specified in Subsection 3.3
E [(c)(5)] (below).
(3)
Failure to Act.
In the event that a final decision is
not acted on within 180 days, a building or development permit may
be granted.
(4)
Decisions in Writing.
All final decisions shall be in
writing noting if the application was approved, denied or approved
subject to modifications. A copy of the written notification shall
be sent by regular U.S. mail to the applicant at the address indicated
on the application within ten (10) business days following the date
of the final decision. Either a certified copy of the official meeting
minutes or a notification letter signed by the Historic Preservation
Officer may be used to satisfy this requirement.
(5)
Appeals.
An applicant, property owner or authorized
agent of a property owner may appeal any final approval, approval
subject to modification or denial of a Certificate of Appropriateness,
or they may apply for a Certificate of Economic Hardship. (See Subsection
3.4 [(d)] below) All requests for an appeal shall be in writing and
filed with the Historic Preservation Officer within ten (10) days
from the date of the final decision. A request for appeal shall identify
the name and address of the person making the appeal and shall include
a statement indicating the basis for the appeal. An appeal is considered
a separate request and an additional fee may be required. A previous
final decision may be affirmed, affirmed in part, modified or reversed
by the appealing authority.
A.
Timing.
The appealing authority shall consider the appeal
within thirty (30) days of the filing of the appeal with the Historic
Preservation Officer. However, the City Council shall consider an
appeal within forty-five (45) days of the date of the filing of the
appeal.
B.
Failure to Act.
In the event that the request is not
formally considered in accordance with the time limits specified the
request will be considered approved.
C.
Actions Final.
The decision of the City Council on a
request for an appeal shall be final.
(d)
Certificate of Economic Hardship Application Procedures.
(1)
Application.
Upon receipt of written notification of
the denial of a Certificate of Appropriateness, an applicant may apply
to the HLPC for a Certificate of Economic Hardship. No building demolition
or development permit (except as specified in Subsections 3.1 C or
3.1 D [(a)(3) or (4)] above) shall be issued unless the Commission
upon recommendation by the HLPC makes a finding that a hardship exists.
All requests for a Certificate of Economic Hardship shall be in writing
and filed with the Historic Preservation Officer within ten (10) days
from the date of the final decision. A request for a Certificate of
Economic Hardship is considered a separate request and an additional
fee may be required.
(2)
Findings.
To affirm a claim of economic hardship the
owner or authorized agent shall demonstrate that all of the following
are true.
A.
The property is incapable of earning a reasonable return with its
current use or configuration, regardless of whether that return represents
the most profitable return possible;
B.
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(3)
Timing of Consideration.
The HLPC shall consider the
request within forty-five (45) days of receipt of an administratively
complete application. The HLPC may solicit expert testimony and/or
require that the applicant for a Certificate of Economic Hardship
submit any or all of the following information prior to making a determination
on the application:
A.
An estimate of the cost of the proposed construction, alteration,
demolition or removal; and an estimate of any additional cost that
would be incurred to comply with the conditions of the HLPC required
for the issuance of a Certificate of Appropriateness.
B.
A report from a licensed engineer or architect with experience in
rehabilitation as to the structural soundness of any structures on
the property and their suitability for rehabilitation.
C.
Estimated market value of the property in its current condition after
completion of the proposed construction, alteration, demolition or
removal; after any changes recommended by the HLPC; and in the case
of a proposed demolition, after renovation of the existing property
for continued use.
D.
In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser or other real estate
professional experienced in rehabilitation as to the economic feasibility
of rehabilitation or reuse or the existing structure on the property.
E.
Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two years.
F.
All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing or ownership
of the property.
G.
Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years.
H.
The assessed value of the property according to the two most recent
certified tax rolls.
I.
Real estate taxes paid for the previous two years.
J.
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture or other.
(4)
Failure to Act.
In the event that the request is not
formally considered in accordance with the time limits specified the
request will be considered approved.
(5)
Decisions in Writing.
All decisions of the HLPC shall
be in writing. Written notice of the determination shall be sent to
the applicant within ten (10) days of the date of decision of the
HLPC. Copies of the decision shall be filed in the building permit
file.
(6)
Appeal.
The denial of an application for a Certificate
of Economic Hardship may be appealed in the same manner as described
for a denial of a Certificate of Appropriateness.
(Ordinance 2006-04-13, sec. 14.1103,
adopted 4/24/06)
(a)
Purpose and Authority.
The City Council may, from time
to time, on its own motion, or by request of the Planning and Zoning
Commission, the Director or the City Engineer, amend, supplement,
or change the regulations established in the Zoning Ordinance.
(b)
Procedures.
(1)
Action by the Planning and Zoning Commission.
The Planning
and Zoning Commission shall give appropriate notice and hold a public
hearing. The commission shall approve, deny or modify the amendment
and forward its report and recommendation to the City Council.
(2)
Action by the City Council.
The Council shall give appropriate
notice and hold a public hearing and has final authority to adopt
or deny any proposed amendment.
(Ordinance 2006-04-13, sec. 14.1104,
adopted 4/24/06)
