Property Owners Overview of County Land Use Policies

Benefits

• Enhance decision-making relating to major expenditures of funds for property purchases and construction projects.
• Improve long-range planning for using property to its fullest potential.
• Avoiding after-the-fact compliance actions.

Ordinance Summary

• Before buying or improving land:
  • Know your County Ordinances.
  • Match your objectives with Ordinance restrictions.
  • When in doubt, review objectives/plans with County staff before committing funds.
• How you can "use" property depends on the Zoning District in which located. Each District has its own set of "authorized" uses. Only these "uses"are allowed. Proposed new uses are reviewed by the Planning Commission and approved by the Board of Supervisors (BOS).
• Amendments to the Ordinance may be initiated by resolution of the BOS, by motion of the Planning Commission, or by application of any property owner.
• Maps of Zoning Districts and lists of authorized uses are available in the County Administrative Office.
• Property may be used, or new structures occupied only after a "Certificate of Occupancy" has been issued.
• Permits are required to authorize uses and structures. Zoning permits insure compliance with setback and other Ordinance requirements. Building permits insure structures meet building codes. They also up-date County revenue records.
• Details of support information required for permits is available from the County Administrative Office.
• The BOS established the Lancaster County Zoning Ordinance on June 1, 1975, with subsequent amendments. Particular sections of the Ordinance are applicable only from their date of promulgation.
• Structures or uses existing before being made non-compliant by a newly promulgated section of the Ordinance are considered "nonconforming". They may continue until abandoned for a period of 2 years (except for seasonal uses such as crop farming, seafood processing and sawmills.) Anticipated expansions of nonconforming uses/structures should first be reviewed with County officials, and will be required to meet setback requirements. A BOS Special Exception may also be required.
• Although listed as "authorized", some uses require individual approvals (called "Special Exceptions") from the BOS before they may be initiated.
• Accessory structures and "major recreational equipment" may only be placed on lots after the "primary dwelling" has been constructed.
• Occupation of major recreational equipment requires individual approval and is restricted to [21] days per year for recreational purposes and/or for the period of a building permit, if occupied during construction of a "primary dwelling".
• Single wide or double wide "manufactured homes" are authorized in Agricultural Zoning Districts, but require individual authorization by Special Exception from the BOS in the Residential R-1 District.
• No building permit may be issued for a primary dwelling without a valid septic and water permit from the Health Department. Septic permits are issued for a specific number of bedrooms. This is an important point to consider before purchasing any property.
• The Chesapeake Bay Protection Act imposes a number of restrictions on the use of property. These restrictions are contained in Article 21 of the Zoning Ordinance and should also be carefully evaluated before either purchasing property, or initiating construction. A summary of these restrictions is contained in a separate brochure.
• A Board of Zoning Appeals (BZA) consisting of 5 County residents nominated by the BOS and appointed by the Circuit Court exists to hear appeals for variances from the terms of the Zoning ordinance, or from administrative orders or decisions. Decisions of the BZA may be challenged in the Circuit Court.