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HomeMy WebLinkAbout1973-06-04June 4, 1973 j . A Public Hearing on a Proposed Zoning Ordinance for a portion of .the Town of Lansing was held by the Lansing Town Board on June 4, 1973 at 8 P.M.. Louis Bush Charles Howell Bert Hilliard Edward LaVigne Lee Naegely Robert Williamson Jane Bush 1110A09601 1 Councilman Absent Supervisor Present Councilman Present Councilman Present Councilman Present Attorney Present Clerk Present Visitors: Approximately thirty Lansing residents were present. The Supervisor called the meeting to order having the clerk take the roll call. Proof of Notice having been furnished, the Public Hearing on the Proposed Zoning Ordinance for a portion of the Town of Lansing was called to order at 8 P.M. by Supervisor Charles Howell, Supervisor Howell presented and discussed the Land Use Control Ordinance in addition to reviewing the Land Use Control Map. Following his presentation, Supervisor Howell opened the Public Hearing to persons present desiring to be heard. Robert Swarthout of Swarthout & Ferris Bus Service requested his business property located on Graham Road be zoned as commercial. Louise Dart requested her property adjacent to Swarthout & Ferris on Graham Road also be zoned as commercial. Herbert Howell made the following formal protest: "I live in the north end of the Town of Lansing with a lot of other people who do not want to share in financing the administration of the Proposed Zoning Ordinance that benefits the southern end of the Town." Richard Sherman requested the Proposed Zoning Ordinance be amended to include the area between Benson Road to Armstrong Road and Peruville Road to Asbury Road. Peter Craig made objection to the Commercial District as revised. Feels that a little bit of everything, plus residential, can be permitted in the Commercial District. Stated that all activities permitted in the Commercial District should be subject to special conditions, that a special permit be required, or that an ordinance change be necessary. James Showacre Mated that the paragraph concerning the developers respon- sibilities in keeping with the uses permitted in the abutting residential zones in regard to sufficient buffering etc., be added to regulations of the Commercial and Industrial Districts. Viola Miller stated the changes in the Proposed Zoning Ordinance since the last Public Hearing held on May 1st, were made by the Town Board and not the Planning Board. .Rita'Smidt stated that she felt it most important to adopt the proposed ordinance without further delay, after which time the requested changes could be reviewed and amendments made when warranted. All persons desiring to be heard, having been heard, the Public Hearing was terminated at 9:50 P.M. PLEASE TARE NOTICE that the Town "rd of the Town of Lansing will bold a Public Hearing on a Proposed Zoning Ordinance for a portion of said Towa on the 4th day of June, 1973 at 8 p.m. at the Town Hap in the Town of Lansing. A copy of 1 said pproposed.0 ance and mcm map is available fon inspeion at Ia the nsigg Town Hall.. !' Dated: May 21,1973 By Oider of the Town Board May 24,.1973 Jane Bash, Town Clerk _• - June 4, 1973 The Lansing Town Board met in Special Session at'10:00 P.M. for the.purpose.of considering action to be taken on the Public Hearing just held on the Proposed Zoning Ordinance for a portion of the Town of Lansing. ROLL CALL Charles Howell Supervisor Present Louis Bush Councilman Absent Bert Hilliard Councilman Present Edward LaVigne Councilman Present Lee Naegely Councilman Present Robert Williamson Attorney Present Jane Bush Clerk Present Visitors: Approximately thirty Lansing Residents present. The Supervisor called the meeting to order having the clerk take the Roll Call. The members of the Town Board discussed the Public Hearing just held on the Proposed Zoning Ordinance for a portion of the Town of Lansing. The following resolution was then offered: WHEREAS, the.Zoning Commission and Planning Board of the Town of Lansing prepared a proposed Zoning Ordinance for a portion of the Town of Lansing (per bill #6333 adopted at 1973 Legislative Session, and WHEREAS, the Zoning Commission and Planning Board held several Public Hearings on said proposed ordinance in the Town of Lansing, and WHEREAS, after said hearings the said ordinance was presented to the,Town Board, and WHEREAS, the Town Board has held several Public Hearings on-said proposed ordinance, and WHEREAS, a final hearing on said proposed ordinance was held on June 4, 1973 at 8:00 P.M. at the Town Hall, Town of Lansing, and WHEREAS, discussion was had on said ordinance at said hearing, now therefore be it RESOLVED, on motion of Edward LaVigne, seconded by Lee Naegely that said ordinance be adopted as presented at said hearing, and be it further RESOLVED, that said ordinance be entered in the minutes of the Town Board, and a copy thereof (exclusive of the map) published once in the Ithaca Journal, and affidavits of publication filed with the Town Clerk, and a copy thereof with map posted on the Town Bulletin Board. Vote of Town Board . (Absent) Louis Bush, Councilman Vote of,_Town Board . (No) Bert Hilliard, Councilman Vote of Town Board.. (Aye) Edward LaVigne, Councilman Vote of Town Board . (Aye) Lee Naegely, Councilman Vote of Town Board . (Aye) Charles Howell, Supervisor Carried On motion, meeting adjourned 10 :45 P.M. i �.. We, the undersigned members of the Lansing Town Board, hereby waive notice of a Special Meeting to be held June 4,.1973 at 10 P.M. for the purpose.of,considering action on,a Proposed Zoning Ordinance for a portion. of the'Town of Lansing. Said,Special Meeting held following Public Hearingt on said Proposed,Zoning Ordinance: t r t i IPLEASI3 TARE NOTICE that the fallowing Ordinance was duly adopted by the Town Board of the TTown of hosing on the 4th day of June 1973, after Public Hearing as required by Law. TOWN OF LANSING ZONING ORDINANCE ,.ARTICL f E [: TITLE ZomJn9 Ordinance of the Town of Lansing: County of TompkinsState of New York.' i ARTICLE 11: PURPOSE !, For tt. purpose of promoting the health, safety and general welfare of the community: to reduce congest' n on the streets and highways: to prevent the overcrowding of lands: to avoid undue iconceminahon of population: to facilitate the adequate provisions of transportation, water sewage! • drposal, schools, parks and other public requirements: tu conserve the value of property: and tu establish zones wherein'regulatious concermpg 4he use -of -lands gad structures, the density off develop ent. the amoant of open space that must be maintained. size of yards, the provision of parting nd control of signs, and other provisions will beset forth tu encourage the most appropriate; development ;of that portiom of the Town to be coned N accordance with a comprehensive; � develoomant plea. j i ARTI�LEIII:DEFINITIONS , !� j Section 300. Certain specific words and terms used in this Ordinance are to be interpreted and defined as follows_ 1. Building: Any structure where Geis covered or encl ' 2. - Building, Accessory: A subord�te building clearly incidental to the princippaal1 bufldlug on the ! same lot and used Eor purposes customarilyy incidental tu those of the principal buildrrig. 9. Building, Principal: A building or Dulldings within which is conducted the primary use or activity : of the lot on which said building is located. • < 4. BntldinS Height: The vertical distanee from finished grade tu the highest midpoint'of a pitched I roof. On'a hillside lot finished grade should be considered�as the average univhed grove on the uphill side of a structure. 5. Buildiog Line: The Tine formed by the intersection of a vertical plane that coincides wild tbe host I projected erterior surface of a building on any side and the ground. 6. Cabin or Cottage: A building designed for seasonal occupancy and not suitable for year - roand living whether or not such building is actually occupied seasonally or otherwise. I 7. Club; My organvation, premises or building catering exclusively to members and their daesta and twntaiuing ne merchandising Or commercial activities except as required for the membership and purposes of such club. 8. Closter Housing Area: Development of one family dwellings on lots which are smaller than f permitted bq the regulations of this Ordinance; where the density of development is rro greater than would otherwise by permitted by conventional lot regulations; and where residual land produced by the amralla lot size is used [or public recreation and open space. 9. Conservation: The continuation of land in its natural state or any use that wi11 maintain the land ! in essentially its natural state. I 10: Dwelling: My building, or part thereof, designed and used Eor veer.mand human habitation, or intended W be so used. 11. Dwelling Unit: One or more rooms located within a dwelling and providing complete living! accommiodations for one family, including cooking and bathroom facilities and an independent' } entrance. I I ' 12. Dwelling Unit - One Family: A detached dwelling having accommodations for only one family. 13. Dwelling. Two Family: A detached dwelling containing two dwelling units. 14. Dwelling. Multi - Family: One or more dwellings containing separate dwelling units for three or more families. May include apartments, cooperative housing, and condominiums and provide rental I f or sales housing. . 15. Dwelling. Town House: A dwelling accommodating or designed to accommodate a single family ! un a single dwelling unit, the walls on two sides of which may be in common with the walls adjoinirng dwellings and are party or lot line walls. May provide rental or sales housing. � j I8. Family: An individual or two or more persons of recognized family relationship occupying a } ! dwelling unit and living as a single household: For purposes of this Ordinance a family may also t consist of rat more than four unrelated individuals occupying one dwelling unit. 17. Farm, Farming: ,A parcel of land, five acres or larger in size, used primarily for the raising of agricultural products, livestock, poultry or dairy products, and including buildings and appurtenances '' necessary thereto. 18. Frontage: The distance between side lot lines measured at the street rightof -way line. � ! j 19. Garage -Service and Repair: M enclosed building for the indoor storage orrepair of motor vehicles including painting and the sale.of parts and accessories. A junkyard or auto salvage yard is [lot to be construed as a garage. 20. Garage - Private: A carport or enclosed, building for use by the inhabitants of a dwellhng.l j 21. Gasoline Service Station: Any area of land including structures thereon that is used for, sale of gasoline or any other motor vehicle fuel; oil and other lubricating substances. and motor vehicle accessories; and station may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles. ' 22. Home Occupatin: A subordinate use of a commercial or service nature which is not detrimental to the residential character of the lot on which said home occupation is located or of the surrounding neighborhood. Home occupations shall be limited to those residential lots containing an ;owner- ` occupied dwelling. Home occupations shall consist of such things as hairdressing, tailoringg, leaching, . and similar activities: professional offices such as doctors, lawyers. architects and realtors: home offices attendant to other professions or trades.. A home occupation shall produce no offensive noise, ; traffic vibration, smoke, dust, odor, heat, glare, or electronic disturbance beyond the propert nt 1 occupies. The home occupation may not entail the outdoor storage of materials, equipment or other items of commerce: or the uncovered parking of more than one commercial vehicle. ( see also 1502.5 and 1401.10) 23. Junkyard: A lot or building, or part thereof, used for the collecting, storage or sale of�waste ! pager, rags; scrap metal, discarded aTliabees or similar discarded or waste material: or for the co letting, dismantling, storage. andaa vaging of machinery or vehicles not licensed and in running condition or for the sale of storage of Parts thereof. An auto salvage yard. 24. land•Use Activity: The specific purpose for which land or building is used or designed and t J intended to he used and maintained. ? 25. Lot: A parcel of land with or without buildings delineated by lot lines. 26. Lot Area - Gross: M area of land the size of which is determined by the limits of the lot lines I, bounding said area and is usually expressed in terms of square feet or acres. Acreage within a right-of- way for streets or roads are excluded for purposes of determining gross area. 27 MobilelHome: A if contained, transportable, single - family dwelling unit suitable for'year- j round occupancy and containing the same water supply, sewage disposal and electrical systems as immobile housing. For the purposes of this Ordinance a dwelling unit which is constructed in sections. I trans ported,'and assembled on the site is not considered a mobile home. ' 28. Mobile Home Park: A parcel of land under single ownership which is designed and improved for f the placement of mobile homes for. nontransient use and which is offered to the public for the j 1. 29. Motel: 'A commercial facility designed to be used by transients for overnight or short4tav habitation, where access to individual rooms is by a common corridor and where off - street parking i facilitates baggage handling by guests. May or may not contain convenience facilities such as a '! restaurant, lounge, swimming pool, sauna bath.. 30. Nonconforming Lot: A lot of record.existing on the date of enactment of this Ordinance which does not comply with the minimum frontage and area requirements for the zone in which it is located. i 31. Nonconforming Use: A building or use of'land existing on the date of enactment of ,this Ordinance which does not comply with the'permitted use regulations of the zone in which said building or use is located. 32! Open Space: That part of the gross lot area that is not used for building, parking or service. Open space may include lawns, trees, shrubbery, garden areas. footpaths, play areas, pools, water courses, wooded areas and paved surfaces used as access drives but not used for vehicular parking of any kind. 33. Parking Space: M off - street space available for parking one automobile and which is an area at i least 9 feet wide and 20 feet long, not including maneuvering area and access drives thereto. X Planned Development Area: M area of at least two acres in size. in one ownership, designed as i a single unit providing a street system and water and sewer facilities as necessary, and used i primarily for, multi - family and town house residential purposes but may also be used for a combination of residential types and commercial or industrial development. (See Section 1307.1 1 35. Public Sewers: A sewerage facility owned and operated by a public agency, and providing ! collection and treatment of liquid .wastes. For the purposes of determining lot size. under this 1 Ordinance the',Zoning hoard of Appeals may declare a privately owned sewerage system to be the ; equivalent of a public sewer if said private system is approved by the New York State Department'of r Environmental Conservation and the County Health Department. 36. Rooming. House: A dwelling or that part of a dwelling in which rooming units are offered fpr pa. • I 37. RoominglUnit: A room or rooms, combined with a dwelling, used to provide private living aid } sleeping quarters but without cooking facilities available or part of the rooming unit. 38. Sign: My structure, display, device or representation which is designed or used to advertise r _call attention ib or place and is visible from anv highway or oth r any thing, person, business, activity right-of-way. The [lag or pennant of any nation or state shall not be construed as a sign. GI 39 Sign - Outdoor Advertising Billboard: Any device. object or building facade larger than 1311 square feet in area, situated on private premises and used for advertising goods. sery ices ar plat other than thoso directly related to the premises on which said sign is located. p 40. Tourist Home: For the purposes of this Ordinance a tourist home is defined as a rooming house I, I 41. Travel or Camping Trader: A vehicular portable structure designed as a temporary dwelling for t travel, recreation and vacation uses. i ! ` -- ride yard area t r t 1 b I Auildi 1 nR area. r. � i m i 1 1 i It: a 1 1 Side 1 - ;,r �• r yard area 1 C r I ! A II ARTICLE LAND USE CONTROL AREAS � Section 40000. For the purposes specified in this Ordinance. the tuned area of the Town of Lansing is i divided into 6land use control districts as follow'': II R - Rural Residential • , L - Low Density Residential M - Medium Density Residential H - High Density Residential C - Commercial I! U Industrial Section 401. All land in the zoned area of the Town of Loosing shall fall within one of the established i land use control districts as shown on the Land Use Control map. Said map and all notations and references shown thereon are hereby incorporated into and made a part of this Ordinance. 1 Section 402. In determining boundaries Of land use control districts, the following guidelines shad apply: If I Boundary lines are intended, follow center lines of streams. streets and road lines as shown on plats of record at the time this Ordinance becomes effective. 2: Where the map indicates a boundary approximately upon a lot line, sucb lot line shall be construed to be said boundary. 1 3 Where boundaries are shown approximately parallel to street i highway, railroad or lakeshore such boundaries shall be construed to be parallel to the center line of saiddstreet, Highway, railroad or parallel to said lakeshore, and at such distance therefrom' as indicated on the map. if -no dimensioP is specified on the map. the boundary shall be determined bpjuse of the graphic scale on said map. ARTICLE V: GENERAL PROVISIONS Section 500. Except as hereinafter provided. the following general provisions shell apply to land use and development in the zoned area of the Town of Lansing: LINO land or building shall hereafter be used or occupied and no building or part thereof shall hereafter be enlarged or its use altered unless such action is m conformance with all the regulations j specified for the land use control district in which said action occurs. 2. Minimum lot sizes specified in this Ordinance shall be subject to approval 2nd modification by ! the Tompkins County Health Department to meet applicable Health Department regulations. In districts where public sewer andor'water facilities are not available•the Health Department standards for minimum lot size shall take precedence over any less restrictive provisions of this iOrdinance. ( See also Section 1703.1 In districts where public sewers are likely to be provided within 5 ears, asideter omed by the Planning Board, the lot regulations for areas "With Public Sewers Available" isee Sections 703.803. etc. P will be permitted in subdivision design if at least eve other lot is left vacant until sewers are) ry Department approval, for such a dela ed installed and if the subdivider has obtained County Health PP , y . l y development proposal. d 3. 10 lot shall hereafter be reduced or altered so as to result in a lot that does not meet the, minimum area or yard requirements prescribed by this Ordinance. A small lot which does not meet the minimum requirements of this Ordinance at the time it is enacted may be used for a permitted use. 4. Hereafter, if a residential and nonresidential use are to be located in one structure on a single lot within any district, the applicable lot area and fronta .ge requirements for the residential use shalt apply and the applicable vard size, parking, sign requirements and any other conditions for the nonresiaenlial use shall also 1101 j f 5. No yard or off - street parking space provided about i any building for the purpose of complyu with the'provisions of this Ordinance shall be considered as providing a yard or?offstreet parting apace focany other building. 6. In determining the percentage of open space required or the size of yards.1for the purpose of this Ordinance, porches or covered terraces open at the sides. but roofed. shall not be considered a ,part of the building. 7. The provisions of this Ordinance shall not apply to fences or walls less than 8 feet high above the natural grade, except as specified in 8. below, nor to steps, unroofed porches or terraces or Other i similar features. '; 8. For safety reasons, no structure, fence or planting over 3 feet in height, and no branches less than 10 feet from the ground shall be permitted on any corner lot within a triangular area formed by the right - way line along the street to the points on such lines the distance of, 20 feet from their intersection and a line connecting such points. Any fence or planting that does not conform to the j requirements of this section and which results in an obstruction to the vision of, motorists shall be made to conform within one year from the effective date of this Ordinance. 9. The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, chimneys,; silos, skylights, mechanical equipment. water tanks, monuments, flag poles, antennas, i utility lines and similar features. i, 10. When a lot is divided by a district boundary the, regulations nd requirements of the least restrictive district may be extended for a distance of 50 feet into the more restrictive district. it. Wi(hin one year after work on any excavation for a building has begun suchereavation msthaaill oinbe g covered oiler or filled by'the owner to the normal grade. My excavation or cellar hole re nil after the demolition.or destruction of a building from any, cause shall be fenced in immediately d covered over or tilled within one year. If the owner fails to cover over or fill such.excavation after 30 days notice by the Zoning Enforcement Officer, the Town Board may order said excavation to be covered or filled and shall charge the owner of said property any costs connected therewith. 12. Natural drainagewayyss shall be preserved, and shall -be kept free of debris or other i obstructions to water flow.. here relocation of such a drainageway cannot belavoided it must be carried outtn a way that will assure the free and unobstructed flow of storm water. 13. Lots in ill-land-use control districts shall be kept free from abandoned or inoperable vehicles, :discarded Inuldimg matertal, appppl'ialMes and furniture, and forms of rubbish and junk. ARTICLE VI: LAND USE K,aMITIES Section 600: The purpose of this Article is to set forth the land use activities which will be permitted yin the zoned area of the Town of Lansing and to specify the land use control district in which each actjvhty will be permitted, subject to all of the general and special regulations related to the district fin which the land use activityy, s located. Section 601. Activities and Districts: LAND USE ACTIVITIES DISTRICTS WHERE ACTIVITIES ARE PERMITTED i * indicates that activity is sOb)'ect to ; pecial conditions, that a special permit is required, or that an ordinance change is necessary. See Article XIII. i 801.1 Crop farming. R 6111.2 Commercial gardening, plant nurseries and greenhouses. R L M 601.3 Dairy farmiu�. R 801.4 Poultry farming. R• 601.5 Commercial raising of livestock except hogs. R• 601.6 Keeping of customary household pets. R L M H C 1 601.7 Keeping of horses and ponies. RR L* Me 601.8 Kennels and facilities for the commercial boarding of animals. R 601.9 Veterinary hospital. R* C* 601.10 Accessory farm buildings and roadside stands. . R L M 601.11 One family dwelling units. R L M H C* 601.12 Two family dwelling units. R L . M H C* 601.13 Town boom dwelling units. M• H• C• 601.14 Multi-family dwelling units including apartments and condominiums. M* H *, C* 601.15 Cluster housing. i See See. 300.8 1 R• L* M* H* C* 601.16 Rooming houses and tourist homes. R M H C* 601.17 Mobile home parks when devel- oped in accordance with the R Town's Mobile Home Park Ordinance. 601.18 Rome occupations. ( See Article Ill. i R L M H C* 601.19 Governmental buildings, fire stations and schools. R M H C* I 601.20 Cemeteries. R 601.21 Parks, playggrroounds and other open spaces. R L M H C* I 601. Z2Publicarprivate commercial outdoor recreation activities. R C* 601.23 Drive -In theaters. 601.24 Public or private social recreation or clubs. R M * C* 601.25 Bowling alley, theater and similar types of commercial indoor R L M* C* recreation activity. C* 601.26 Churches. R L M H C* 601.27 Hospital nursing or convalescent home, and other such buildings R M C* or institutions. 601.28 Professional clinic. R M H C* 60I.29 Funeral home. R M• C* 601.30 Motel R C* I 601.31 Cabin or cottage for seasonal use. R L M 601.32 Travel trailer, snowmobile, boats and similar large vehicles R L M H C requiring seasonal storage. 601.33 Marine and water-oriented sales, service and storage. R C* 601.34 office or studio. R M' C* 601.35 Bank and similar financial services. C* 601.36 Retail sales of convenience goods (such as groceries, drug ' R C* sundries, and personal service isuch as self -service Laundromats, dry cleaning drop-off stations, shoe repairing to meet the daily shopping and service needs of the surrounding neighborhood. 601.37 Retail sales of wearing apparel. hardware, furniture, appliances and similar goods to meet the occasional or special shopping needs of the larger community. C* 601.38 Eating ad drinking establishments except drive -in restaurants. R C* 601.39 Drive -in restaurants. car washes and similar automobile -oriented C* establistrments. 601.40 Gasoline service stations. 601.41 Warehouse facilities for the storage or wholesaling of goods or C* I material. 601.42 New and used car sales, automobile repair and service garages. C* except gasoline service stations. 601.43 Mobile home sales when developed in accordance with the Town's R Mobile Home Ordinance. 601.44 Sale and storage oflumberandbuildingsupplies. R 601.45 Printhi;, plumbing, heating and electrical establishments. R' C* 601.46 Electric and gas transmission lines and services including R L* M• He stations and substations. 601.47 TV and radio transmission towers. R 601.48 Commercial assembly of such things as jewelry. leather goods. C* clothing and scientific instruments. 601.49 Industrial and manufacturing establishments which produce minimal noise. odor and glare, do not require outside storage of raw material or finished products, and produce no industrial wastes which I reduce the quality of air, water or land. 601.50 Agricultural, industrial, educational research activity and the 1 design and production of prototype models. C* I 601.52 Agricultural equipment sales and service. R C* 601.53 Commercial excavation of sand and gravel or other natural R' deposits, quarrying of rock and cutting of timber. 601.54 Special Design Developments such as planned development R' L* M* He C* P areas. (See Definitions. i Section SM. Land use activities not specifically set forth in Section 601 of this Article, or referred i by type in said Section, shall not be permitted in the zoned area of the Town of Lansing unless variance or special permit has been granted. ARTICLE VU: REGULATIONS - RURAL RESIDENTIAL DISTRICT Sec. 700. Intent The legislative intent of this Article is to define and establish standard regulations for portions < that portion of the zoned part of the Town of Lansing where a low density rural. agricultur character is desired: where only a limited amount of nonfarm development with a moderate mixtur of land uses is anticipated: where public utilities will not be provided in the foreseeable future: whet some flexibility is presently needed to accommodate development potential: and where minimui amount of control and restrictions on the use of land is adequate to guide community growth. Sec. 701. Permitted Land use Activities See Article VI Sec. 702. Development Density Residential development in the Rural Residential Districts shall not exceed a density of dwelling units per gross acre except as a Planned Development .Area. Sec. 703. Lots - With Public Sewers Available 1. One family dwelling: at least 15,000 square feet of lot area with at least 100 feet of stree frontage. 2. TWO family dwelling: at least 20.000 square feet of lot area with at least 175 feet of stret frontagge. 3. Other land uses: at least 15.000 square feet of lot area with at least 125 feet of street frontage. Sec. 704. Lots - With No Public Sewers Available 1. One family dwelling: at least 30,000 square feet of lot area with at least 150 feet of scree frontage. 2. Two family dwelling: at least 20.000 square feet of lot area per dwelling unit with at least f feet of street frontage per dwelling unit. 3. Other land uses: at least 30.000 square feet of lot area with at least 150 feet of street frontage. Sec. 705. Front Yards 1. All buildings: at least 50 feet from the road right -of -way line. 2. On corner lots one front yard, if it is facing a secondary steel. may be reduced by 20 percent. Sec. 706. Side Yards 1. One family dwelling: total of both side yards at least 30 feet with neither less than 12 feet. 2. Two family dwelling: total of both side yards at least 35 feet with neither less than 15 feet. tees. 3. All nonresidential buildings: total of both side yards at least 35 feet with neither less than IS 4. Garages and similar accessory buildings not attached to the principal building may be located in required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval. Sec. 707. Rear yards 1. All Dwellings: at least 25 feet from the rear property line. 2. All principal nonresidential buildings: at least 20 feet from the rear property line. 3. Garages and similar buildings not attached to the principal building may be located in required rear space but shall not be closer than 6 feet from the lot line without Board of Appeals approval. Sec. 708. Other Provisions 1. Maximum building height: 35 feet for residences and 25 feet for nonresidences i see also Section 500.91. 2. Minimum open space: 85 percent for all uses f see Section 300.32 3. Off-street parking: see-Article XIV. 4. Signs: see Article XV. 5_ Approved sewage disposal and water system required for each land use activity reauired ARTICLE VIfl 0 REGULATIONS - LOW DENSITY RESIDENTIAL Sec. 800. Intent The legislative intent of this Article is to define and establish standard regulations for the zoned portion of the Town of Lansing where low density. predominately single family residential development is desired as the basic land use pattern: where intensive development should be discouraged because of difficult terrain, inadequate roads. poor soils. or the absence of public utilities: and where substantial limitations on the use of land is necessary to protect it for e[ icient future use and to preserve the residential character of existing neighborhoods. the value of development and the safety of residents. Sec. 801. Permitted Land use Activities See Article VL. Sec. 802. Development Density Residential development in the Low Density Residential Districts shall not exceed a density of 4 dwelling units per gross acre for areas with public sewers and 2 dwelling units per gross acre for censewered areas. Sec. 803. Lots - With Public Sewers Available 1. One family nonfarm dwelling: at least 12.000 square feet of lot area with at least 100 feet of street frontage. 2. Two family dwelling: at least 16.000 square feet of lot area with at least 125 feet of street frontage. 3. other land uses: at least 12.000 square feel of lot area with at least 125 feet of frontage. Sec. 804. Lots - With No Public Sewers Available 1. One family nonfarm dwelling: at least 30,000 square feet of lot area plus at least 150 feet of street frontage. 2. Two family dwelling: at least 40,000 square feet of lot area with at least 175 feet of street frontagge. S. Other land uses: at least 30.000 square feet of lot area with at least 150 feet of street frontage. Sec. 805. Front Yards. 1. All buildings: at least 50 feet from the road right-of-way line. 2. On corner lots one front yard. if it is facing a secondary street. may be reduced by 20 per cent. Sec. 806. Side Yards. 1. One family dwelling: total of both side yards at least 30 feet with neither less than 12 feet. 2. Two family dwelling: total of both side yards at least 40 feet with neither less than 15 feet. 3. All nonresidential buildings: total of both side yards at least 40 feet with neither less than 15 feet. 4. Garages and similar accessory buildings not attachedd to the principal building maybe located in required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval. Sec. 807. Rear Yards. 1. All buildings: at least 25 feet from the rear property line. 2. Garages and similar buildings are not attached to the principal building may be located in required rear yard space but no garage or any other structure shall be closer than 6 feet from the lot ►ice without Hoard of Appeals approval. Sec. 808. Other Provisions L Maximum building height: 35 feet for residences and 25 feet for nonresidences t see also Section 500'.91. 2. Minimum open space: 85 per cent for residences and 75 per cent for nonresidences. 3. Off-street parking: see Article XIV. 4. Signs: see Article XV. 5. Approved sewage disposal and water system required for each land use activity requiring services. 6. Building permit required. 1 see Section 17011. ARTICLE IX: REGULATIONS - MEDIUM DENSITY RESIDENTIAL Sec. 900. Intent The legislative intent of this Article is to define and establish regulations for the zoned portion of the Town of Lansing where moderately dense development can be supported by the road system, the topography, and the possibility of public water and sewers in the foreseeable future: where a concentration of mixed residential dwelling types is the desired predominant land use. supplemented by a broader variety of nonresidential land use activities: and where. due to the nature of anticipated development, a wide range of land use controls will be necessary to protect existing residential neighborhoods. to preserve residential land values and enhance the quality of the environment. Sec. 901. Permitted Land Use Activities See Article VI. Sec. 902. Development Density Residential development in the Medium Density Residential Districts shall not exceed a density of 6 dwelling units per gross acre for areas with public sewers and 2 dwelling units per gross acre for nensewered areas. Sec. 903. - With Public Sewers Available 1. One family dwelling: at least 10,000 square feet of lot area with at least 75 feet of street frontage. 2. Two family welling: at least 12,000 squre feet of lot area with at least 100 feet of street frontage. 3. Town house dwelling: at least 6.000 square feet of lot area per dwelling unit with at least 25 feet of street frontage per dwelling unit. 4. Multi - family dwellings: at least 6,000 square feet of lot area per dwelling unit with at least 50 feet of street frontage per dwelling unit. Maximum frontage required shell be 160 feet. 5. Other land uses: at least 10.000 square feet of lot area with at least 100 feet of street frontage. Sec. 904. Lots - With No Public Sewers Available 1. One family dwelling: at least 30,000 square feet of lot area with at least 150 feet of street frontage. 2. Two family dwelling: at least 40.000 square feet of lot area with at least 175 feet of street frontage. 3. Town house dwelling at least 20,000 square feet of lot area per dwelling unit with at least 25 feet of street frontage per dwellin unit. 4. Multi -family dwellings: at east 20,000 square feet of lot area per dwelling unit with at least 80 feet of street frontage per dwelling unit. Maximum frontage re quired shall be 200 feet. 5. Other land uses: at least 30,000 square feet of lot area with at least 150 feel of street frontage. Sec. 905. Front Yards L Residential buildings shall be located at least 60 feet from the right-of-way line of primary streets and highways such as North Triphammer Road. and 30 feet from the right-of-way line of secondary streets. 2. All nonresidential buildings shall be located at least 70 feet from the right-of-way line on primary streets such as Warren and North Triphammer Roads, and 50 feet from the right-of-way line of secondary streets and roads. 3. On corner lots the front yard facing a secondary street may be reduced by 20 per cent. 4. Not more than two - thirds of any front yard area may be used for off - street parking and access thereto. All front yard space not used for parking or access shall be improved by grass, trees. shrubs and other forms of landscapping. 5. All front yards shall be kept free of abandoned or inoperable vehicles, trash, rubbish, and junk. Sec. 906. Side Yards. i 1. One and two family dwellings: total of both side yards at least 25 feet with neither less than 10 feet. 2. Town house and multi - family dwellings: no town house or multi - family dwelling shall be less than 25 feelirom anv side lot line. we 3. All nonresidential buildings: Total of both side yards at least 35 feet with neither less than 15 feet.yt. Side yards may be used for off - street parking provided that no parking space is less than 5 feet from any property line. 5. For one and two family uses only, garages and similar accessory buildings not attached to the principal buildings may be located in required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval. I Sec. 901. Rear Yards 1. All residential buildings: at least 25 feet from the rear property lice. 2. All nonresidential buildings: at least 20 feet from the rear property line. 3. For one and two family uses oniv, gar= and similar accessory Mlddingrwot attached to the principal building may be located m req rear yard space but no garage or goy other stucture shall be closer than 6 feet from the lot line without Board of Appeals approval. Sec. 908. Other Provisions 1 1. Maximurn building height: 35 feet for residences and 25 feet for oNOresidettces 4see alxo Section 500.91. 2. Minimum open space: 70 per cent for all residential uses and 60 per ceM for all nonresidential uses ( see Section 300.321. 3. Off-street parking: see Article XIV. 4. Signs: see Article XV. 5. An appipved sewage disposal and water system is required for each land use activity requiring services. 6. A building permit is required (see Section 17011. lJ ARTICLE X. REGULATIONS - HIGH DENSITY RESIDENTIAL Sec. 1000. Intent The legislative intent of this Article Ig to define and establish regulations for the xwred portion of the Town of Lansing where predominately residential development is the desired land use: when high density development is the most efficient use of land areas which are adjacent to rttiijor highways and shopping facilities and which are, or will be served by public atU fly syys ans• and wlt�e special review and approval procedures will be applied in an effort to preserve existing natural features and achieve a quality living environment in a high density residential area. Sec. 1001. Permitted Land Use Activities See Article VI. Sec. 1002. Development Density Residential development in the High Density Residential Districts shall not exceed a density of 12 dwelling units per gross acre for areas with public sewers and 3 dwelling units per gross acre for nonsewered areas. Sec. 1003. Lots - With Public Sewers Available 1. One family dwelling: at least 7,000 square feet of lot area with at least 70 feet of street frontage. 2. Two family dwelling: at least 9,000 square feet of lot area with at least 80 feet of street fronta 3. Town house dwelling: at least 3,000 square feet of lot area per dwelling unit with at least 25 feet ge. of street frontage per dwelling unit. 4. Multi - family dwellings: at least 3,000 square feet of lot area per dwelling unit with at least 40 feet of street frontage per dwelling unit. Maximum frontage required shall be 150 feel. 5. Other land uses: at least 5.000 square feet of lot area with at least 50 feet of street frontage. Sec. 1004. Lots - With No Public Sewers Available 1. One family dwelling: at least 15,000 square feet of lot area with at least 140 feet of street frontage. 2. Two family dwelling: at least 20,000 square feet of lot area with at least 160 feet of street frontage. 3. Town house dwelling: at least 10,000 square feet of lot area per dwelling unit with at least 25 feet of street frontage per dwelling unit. 4. Multi- family dwellings: at least 10,000 square feet of lot area per dwelling unit with at least 80 feet of street frontage per dwelling unit. Maximum frontage required shall be 250 feet.' 5. Other land uses: at least 5,000 square feet of lot area with at least 50 feet of street frontage. Sec. 1005. Front Yards 1. One and two family dwelling: at least 25 feet from the road right-of-war. 2. Town house and multi - family dwelling: at least 20 feet from the right-of-way of a public road and 25 feel from the pavement edge of a private road. 3. All nonresidential buildings: at least 20 feet from the road right-of-way. Sec. 1006. Side Yards ' 1. One and two family dwelling: total of both side yards at least 20 feet with neither less than 8 feet. 2. Town house and multi - family dwelling: no town house or multi - family dwelling shall be less than 25 feet from anv side lot lira 3. All nonresidential buildings: Total of both side yards at least 30 feet with neither less than 12 feet. �h. Side yards may be used for oft - street parking provided that no parking space is less than 5 feet from any property line. 5. For one and two family uses only, garages and similar accessory buildings not attached to the principal building may be located in required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval. Sec. 1007. Rear Yards 1. All residential buildings: at least 25 feet from the rear property line. 2. All nonresidential buildings: at least 20 feet from the rear property line. 3.'For one and two family uses only, garages and similar accessory buildings not attached to the principal building may be located in required rear yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval. Sec. 1008. Other Provisions 1. Maximum building height: 35 feet for residences and 25 feet for nonresidences I see also Section 500.9 i. 2. Minimum open space: 60 per cent for one family, two family, and town house residences: 50 per cent for multi- family residences: and, 30 per cent for all nonresidential uses I see Section 300.321. 3. Off-street parking: see Article XIV. 4. Signs: see Article XV. 5. Approved sewage disposal and water system required for each land use activity requiring services. 6. Building permit required I see Section 17011. ARTICLE XI: REGULATIONS - COMMERCIAL DISTRICT See. 1100. Intent The legislative intent of this Article is to define and establish standard regulations for the zoned portion of the Town of Lansing where a concentration of retail shopping, transient. and service facilities is the desired land use: where public utilities and adequate vehicular access to serve such facilities can be provided: and, where development as a contiguous area rather than in a random strip along major roads can be achieved, thereby preserving the residential environment of surrounding areas. Sec. 1101. Permitted Land Use Activities See Article VI. Sec. 1102. Lots 1. For each permitted use locating on its own individual lot: at least 5.000 square feet of lot area with at least 40 feet of street frontage. 2. For two or more uses combined in one structure on a single lot: at least 3,000 square feet of lot area for each use with at least 30 feet of street frontage for each use. 3. All types residential development - subject to Sec. 1003 and /or 1004, whichever applies. Sec. 1103. Front Yards 1. All permitted uses: at least 70 feet from the right-of-way line on primary streets such as North Triphammer Road and 50 feet from the right-of-way of secondary streets. 2. Three- fourths of any front vard area may be used for off - street parking and access thereto, or for display of equipment or products provided that no parking or display area is less than 10 feet from the road rightof -way. All fro nt yard space not used for parking, access or display shall be improved by grass. trees, shrubs 0r other forms of landscapping. 9. Well defined access drives shall he provided to off - street parking areas and the total width of such drives shall not exceed 50 per cent of the required frontage. 4. All types residential development - subject to Sec. 1005.1 and /or 1005.2, whichever applies. Sec. 1104. Side Yards I. All buildings: total of both side yards at least IS feet with one not less than 10 feel. 2. Side yards may be used for off- street parking provided that no parking space is less than 5 feet from any property line. 3. All types residential development - subject to Sec. 1006.1. 1006.2. 1006.4, and /or 1008.5, whichever applies. Sec. 1105. Rear Yards 1. All buildings: at least 10 feet from the rear lot line. 2. All types residential development - subject to Sec. 1007.1 and /or 1007.3, whichever applies. See. 1106. Other Provisions 1. Maximum building height: 30 feet for all buildings 1 see also Section 500.9 1. 2. Minimum open space: none, except as may be required by the provisions of Article XIH.1 3. Off-street parking: see Article XIV. 4. Signs: see Article XV. - 5. Approved sewage disposal and water system are required for each land use activity requiring services. 6. A building permit is required I see Section 1701 i. 7. All development must take place in accordance with an overall plan which has been reviewed by the Planning Board (Sec. 1304 1. ARTICLE XII: REGULATIONS- INDUSTRIAL DISTRICT i Sec. 1200. Purpose The legislative intent of this Article is to define and establish standard regulations for the zoned portion of the Town of Lansing where light manufacturing, research. prolytype production, and other specialized uses of a similar industrial nature are appropriate: and to protect the value of these areas by discouraging incompatible development and small lot subdivision that will reduce the efficient use of land for industrial puposes. Sec. 1201. Permitted Land Use Activities See Article VI. Sec. 1202. Lots 1. There are no minimum lot area requirements in the Industrial District except those imposed by the County Health Department for proper and safe installation of sewage and industrial waste disposal systems. 2. Each.lot shall have at least 150 feet of street frontage unless otherwise specified in Article XI f of this Ordinance. Sec. 1203. Front Yards 1. All buildings: at least 80 feet from the road right-of-way line. 2. One -half of anv front yard area may be devoted to off- street parking provided that no parking space is less than 20 feet from any property line (see also Sections 1205.2 and 1205.31. Sec. 1204. Side and Rear Yards 1. All buildings: at least 50 feet from all side and rear lot lines. 2. Side and rear yard space maybe used for parking providing that no parking space is less than 15 feet from any property line. Sec. 1205. Other Provisions 1. Maximum building height: 45 feet i see also Section 500.9 2. Minimum open space: 50 per cent. All land not used for buildings or parking and loading facilities shall be improved by grass. trees. shrubs and other forms of landscaping (see Section 300.32(. 3. Off-street parking: See Article XIV. Well defined access drives shall be provided to off -street parking areas and the total width of all such drives intersecting with a public street shall not exceed 50 percent of the required minimum lot frontage. 4. Signs: See Article XV. 5. Approved sewage, water, and industrial waste disposal system are required for each land use activity requiring services. 6. A building permit is required. (See Section 1701). Sec. 1206. Industrial District Permits and Planning 1. No building permit shall be issued and no development shall occur in any Industrial District unless such development shall be approved by the Planning Board. 2. Such plan shall be submitted to the Planning Board for review and approval, with copy of said plan to the Town Board at the same time. In making its review the Planning Board shall be particularly concerned with: preventing the haphazard development of land and streets: the ability of the proposed street system and off - street parking facilities to handle expected traffic in a safe and efficient manner: the effect of the proposed development on natural surface water drainageways; the ability of water and sewerage facilities to accommodate the proposed development; the opportunity for continued development of adjacent land in an orderly way; and the general environmental quality of the proposal in terms of site planning and landscaping. 3. The elanning Board shall complete its review and approve or disapprove any development proposal in an Industrial District within 45 days from the dale it is submitted to the Planning Board. Failure to complete such review within the 45 day period shall be tantamount to approval, and the Enforcement Officer shall issue a bldg, permit if all of the requirements set forth in Article XII, shall have been complied with. 4. It shall be the responsibility of the' developer to show that his proposal will be visually in keeping with the uses permitted in the abutting residential zone and that there will be sufficient buttering in the form of decorative and /or dense landscaping, and /or decorative fencing, and /or other similar methods approved by the Planning Board. 5. Disapproval by the Planning Board may be appealed to the Zoning Board of Appeals who shall make a determination in accordance with the provisions of Article XVIII of this Ordinance. ARTICLE XIII: SPECIAL CONDITIONS, SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec. 1300. Intent The legislative intent of this Article is to set forth supplemental regulations, pprocedures and conditions which shall apply to certain land use activities in the zoned portion of the 9wn of Lansing which are incongruous or sufficiently unique in terms of their nature, location, and effect on the surrounding environment and the quality of the community, to warrant special evaluation of each individual case. Sec. 1301. Land use activities listed in Article VI of this Ordinance as being subject to special procedures or conditions or requiring a special permit or an ordinance change shall not be considered permitted uses until such special procedures, regulations. and conditions have been complied with, or a special permit has been authorized by the Planning Board, a variance authorized by the Board of Appeals, or an ordinance change has been effected in accordance with the terms of this Article. Sec. 1302. Special Conditions The Enforcement Officer shall issue building permits for the following uses only when be is satisfied with the special conditions specified in this Section has been met: 1. Townhouse dwelling units in M. H, and C Districts If more than 16 dwelling units are to be constructed on any single parcel, whether for sale or for rent, they must be constructed as a Planned Development Area Isee Section 1307 i. 2. Multi- family dwelling units in M. H and C Districts If more than 24 dwelling units or 3 dwellings are to be constructed on any single parcel, whether for sale or rent. they must be constructed as a Planned Development Area (see Section 13071. 3. Cluster housing in R. L, M, H and C Districts Must be constructed as a Planned Development Area i see Section 1307 i or in accordance with Section 1905 of this ordinance. 4. Funeral home in M and C Districts Permitted where at least 20 off - street parking spaces and sufficient area for off-street marshalling of funeral processions are provided. 5. Printing. plumbing, heating and electrical establishments in Rand C Districts Permitted when it can be demonstrated that no outdoor space will be required for the storage of raw material or finished products. See also Section 1306. Sec, 1303. Special Permits The Enforcement Officer shall issue building permits for the following land uses only after a Special Permit has been authorized by the Planning Board, a variance authorized by the Zoning Board of Appeals. In making its review the Planning Board shall find that the conditions and requirements set forth in this Section have been satisfied. 1. Poultry farming in R Districts Permitted when all farming activity is completely enclosed within a building, the Board of Health has approved the disposal of animal waste, and an odor absorbing air filtration system is used. 2. Commercial raising of livestock in R Districts Permitted when the Board of Health has approved the disposal of animal waste, there is no outdoor storage of refuse or feed. and no existing nonfarm residence is located closer than LOW feet from the penning or feeding area of such commercial farm. 3. Horse and Ponies in L and M Districts Permitted only when there are at least 2 acres of fenced pasture for each horse, and at least L acre of fenced pasture per pony. 4. Veterinary hospital in C and R Districts Permitted when: a. Such facility is designed to accommodate small animals exclusively, such as dogs, cats and birds. b. The hospital is completely enclosed and there are no open boarding or exercise facilities; c. There is no outdoor storage of refuse, feed or other material and no onsite incineration of refuse: d. An odor absorbing air filtration system is used; e. At least 3 off - street parking spaces are provided for each doctor and one for each empk>yee: I. Identification signs shall be limited to one in number, shall be no larger than 50 square feet in area and, if illuminated, shall be nonflashing. S. Public or private commerical outdoor recreation activity in C Districts Permitted when: a. Required ground level illumination is no more than five foot candles and light sources arc no more than 25 feet above the ground and produce no glare on adjacent properties. b. Noise levels greater than 70 decibels will not be apparent beyond the property lire; c. Parking facilities "can be shown to be adequate for the proposed use and are paved, drained and landscaped. d. See also Section 1306. 6. Public or private social recreation or club in M and C Districts a: Layout, architectural design and landscaping of the proposed facility is compatible with the environmental character of the surrounding neighborhood: b. Parking facilities can be shown to be adequate in any front yard and all parking areas shall be paved and drained. c. Noise levels greater than 70 decibels will not be apparent beyond the property litre; d. See Also Section 1306. 7. Office or studio in M and C Districts Permitted when: a. Layout, architectural design and landscaping are compatible with the surrvaodtug neighborhood; b. Off- street parking areas are paved and drained and not locates, in required front yards. Parking areas shall be screened by decorative fencing, landscaping or similar treatment. c. Exterior or interior lighting arrangements produce no glare on adjacent properties. d. See also Section 1306. 8. Eating and drinking establishment in C District Permitted when: a. layout. architectural design and landscaping are compatible with the surrounding neighborhood: b. Curb cuts and driveways to parking areas are well defined. no wider than 24 feet and no less than 40 feet from the intersection of street right-of-way lines on corner lots: c. Off- street parking areaslare paved and drained and not located in required front yards. Parking areas shall be paved and drained. Exterior and interior lighting arrangements shall not produce glare on adjacent properties. d. See also Section 1306. 9. Drive -in restaurant. car wash, etc. in C District Permitted when curb cuts and driveways are well defined and no more than 36 feet wide. where driveways and required parking areas are paved and drained and where landscaping treatment is provided for unpaved areas. i See also Section 13061. 10. Gasoline service station in C District Permitted when: a. All fuel pumps, car lifts, pits and other service equipment are located at least 36 feet from the street ri ht -of -way line and 40 feet from other property lines: b..111 up] tanks are installed underground: c. Driveways and curb cuts are clearly defined, no wider than 24 feet and located so as not to interfere with traffic at any street intersection: d. No equipment. vehicles. or anv type of salvage or maintenance material or parts shall be stored outside unless enclosed by decorative fencing: e. All such uses locating next to residential uses shall be screened from such uses by landscaping dense enough and high enough to reduce noise and screen out objectionable views: L Light sources shall not be more than 20 feet above the ground and shall not produce glare an adjacent properties. g See also Section 1306. 11. New and used car sales, repair garages, etc. in C District a. Driveways and curb cuts are clearly defined and no wider than 36 feet. b. Driveways and parking areas are drained and paved and any front yard area not used for perking shall be landscaped: c. No equipment or anY type of slavage, maintenance material or junk shall be stored outside unless enclosed by decorative fencing: d. All such uses locating next to residential uses shall be screened from such uses by landscaping dense enough and high enough to reduce noise and screen out objectionable views: e. Light sources shall be no more.than 20 feel above the ground and shall not produce glare on adjacent properties. I. See also Section 1318i. 12. Electric and gas transmission lines and substations in L. M and H Districts Permitted when such stations are attractively landscaped to reduce noise and screen out objectionable views from adjacent properties. 13. Commercial excavation of sand and gravel, etc. in R Districts Permitted when a. Such activities include effective plans and provisions for continuous restoration of excavation or cutting area to a usable state: b. Detailed operation and reuse plans for such excavation or cutting area are submitted to the Planning Board for review and report prior to Board of Appeals action: c. A performance bond has been posted in an amount of $1.500 for each acre of land to be excavated or cut to ensure continuous restoration of the excavation or cutting area. d. Such activity shall be subject to a renewal of the Special Permit every two years. No such Special Permit shall be renewed if the provisions of the operations and resuse plan for the previous permit period have not been followed. Sec. 13(g. Open Sec. 1305. Airport Hazard Area Other provisions of this Ordinance to the contrary notwithstanding. no lot shall be less than 30,000 square feet in area. and no town house or multi - family dwelling units, hospitals, nursing homes or places of public assembly shall be permitted without Zoning Board of Appeals approves to the area designated as "Airport Hazard Area on the Land Use Control reap. In addition, before a building permit is issued for any construction in said Airport Hazard Area the Zoning Enforcement Officer shall inform the applicant in writing of the noise and hazard conditions which are possible in the night path of the Tompkins Countv Airport. Sec. 1306. Commercial District I. No building permit shall be issued and no development shall occur in any Commercial District unless such development shall be approved by the Planing Board. 2. Such plan shall lfe submitted to the Planning Board for review and approval with a copy to the Town Board at the same time. In making its review the Planning Board shall be particularly concerned with: preventing the haphazard development of land and streets: the ability of the proposed street system and off- street parking facilities to handle expected traffic in a safe and efficient manner: the effect of the proposed development on natural surface waterdrainageways: the ability of water and sewerage facilities to accommodate the proposed development: the opportunity for continued development of adjacent land in an orderly way: and the general environmental quality of the proposal in terms of site planning and landscaping. 3. The Planning Board shall complete its review and approve or disapprove any development proposal in a Commerical District within 45 days from the date it is submitted to the Planning Board. Failure to complete such review within the 45 day period shall be tantamount to approval, and the Enforcement Officer shall issue a building permit if all of the requirements set forth in Article XI. excepting Section 1106.7. shall have been complied with. 4. It shall be the responsibility of the developer to show that his proposal will be visually in keeping with the uses permitted in the abutting residential zone and that there will be sufficient buffering in the form of decorative and /or dense landscaping. and /or decorative fencing, and /or other similar methods approved by the Planning Board. 5. Disapproval by the Planning Board may be appealed to the Zoning Board of Appeals who shall make a determination in accordance with the provisions of Article XVIII of this Ordinance. Sec. 1307. Planned Development Area (PDA 1. The purpose of this Section is to introduce flexibility in conventional land use and design regulations by employing performance criteria established to encourage development in an imaginative and innovative manner while, through the process of review, discussion, and ordinance change. insuring efficient investment in public improvements, a more suitable environment and protection of community interest. This Section is primarily related to achieving innovations in residential development so that the demand for housing at all economic levels can be met by greater variety in type. design and siting of dwelling units. and so that the conservation and more effective use of limited land can be achieved. It is also recognized that certain types of non - residential development are beneficial to the Town and would not contravene the long range General Plan objectives if they adhere to certain predetermined performance and design conditions. The Planned. Development is to be used to enable these nonresidential developments to occur even though they may not be specifically permitted by Article VI of this Ordinance. r This Section further recognizes that, while the standard land use control function t use and bulk i and the subdivision function 1 platting and design P are appropriate for the regulation of land use in most of the restricted portions of the Town of Lansing, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be adverse to the objectives of land development contained in the Planned Development concept. Further. this Section recognizes, that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Therefore. where the planned development concept is deemed appropriate through the rezoning of land by the Town Board to a Planned Development Area, the set of conventional land use activities and -area specifications set forth elsewhere in this ordinance are hereby replaced by an approval process in which an approved Development Plan becomes the basis for continuing land use controls. °_. In trder to carry out the purpose of this Section a Planned Development Area shall achieve the following objectives a A maximum choice of the types of environment, occupancy tenure je.g., cooperatives.. individual ownership. condominium. leasing . types of housing. lot sizes and community facilities; available to existing and potential Town residents at all economic levels: b More usable open spaces and recreation areas. c. More convenience and flexibility in the location of any nonresidential facilities: d. The preservation of trees, drainageways. ouistatiding natural topography and geologic features and prevention of soil erosion: e. A creative use of land and related physical development which allows an orderly transition of land from intensive to less intensive use: L An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing and community costs: g. 1 development pattern in harmom with the long range objectives of the General Plan: h. A more desirable environment than would be possible through the strict application of other articles of this ordinance. 3. General Considerations a. Location of a PDA: see Section 6111.54. b. Permitted Land Use Activities. All residential land uses are permitted in a PDA and anv nonresidential land uses will be permitted if the developer can demonstrate that such uses will, prmote the long range objectives of the General Plan. will contribute to the quality of the proposed development for the area. and will lead to the direct or indirect enhancement of the surrounding neighborhood in terms of open space. vehicular and pedestrian traffic movement. community operating costs. landscaping, preservaton of natural features, and an improved living environment. 4. Preliminary Proposal. Anv applicant wishing approval for a Planned Development Area shall submit his request to the Planning Board, with a copy to the Town Board at the same time. in the form of a Preliminary Proposal which shall include: a. A sketch development plan showing existing and proposed land use and the approximate location of proposed buildings, existing topographic characteristics, approximate location of streets and casements and existing land uses immediately adjacent to the proposed PDA. , b. A written explanation of the character and purpose of the Planned Development including the type and density of anv housing proposed. the water and sewage disposal system proposed. a i general statement of proposed financing. and an indication of the expected timetable for development 5. Developer's Conference. Within 45 days after receipt of the Preliminary Proposal the Planning Board shall schedule a conference with the applicant to review the proposed Planned Development. If said proposal seems to be in accordance with general planning objectives for the area. and the objectives of this Section, the Planning Board and applicant shall jointly consider the conditions and specifications under which the Proposal will be approved. After such conference if the applicant wishes to proceed with the Planned Development he shall submit to the Planning Board a written Statement of Intent to comply with the conditions and specifications as established. If agreement on conditions cannot be reached the Planning Board mac. at that time. recommend to the Town Board that the proposal not be approved. Such recommendation shall include a detailed explanation of the basis for the Planning Board's decision. 6. Approval of the Statement of intent. Upon receipt of the applicant's statement of his intention to comply with the established conditions the Planning Board shall, within thirty days. forward to the Town Board its recommendation to approve the development and establish the PDA. Such approval report shall include: a. A statement as to the effect of the proposed PDA on the objectives of the General Plan and the character of the neighborhood. b. A statement of the conditions and convenants which the applicant shall abide by in developing the proposed planned development. c. The applicant's Statement of Intent to comply with the required conditions. d. A recommendation on the amount and type of performance guarantee which the developer should provide 7. rlppproval of the Planned Development Area. Within forty -five days after receipt of the Planning Board's recommendation to approve or disapprove the proposed PDA, the Town Board shall hold a public hearing in accordance with Article XIX of this Ordinance. Within ten days after such public hearing the Town Board shall approve conditionally or disapprove the proposed PDA. Conditional approval shall be for a period of one year and shall be subject to acceptance of the Final Development Plan by the Planning Board. When conditional approval is granted the location of the PDA shall be noted on the Land Use Control Map. In the event the Town Board wishes to act contrary to the recommendation of the Planning Board, such action shall be made only by a majority plus one vole. S. Final Development Plan. Itpon receiving conditional approval by the Town Board the applicant shall prepare a Final Development Plan for submission to the Planning Board. Such submission shall include: a. Drawings showing the final location of any streets and plot lines, the locaton of all buildings and land use activities, any areas to be conveyed. dedicated or reserved for parks or open space, a clear indication of the appearance of proposed structures and the materials to be used. and a landscaping and tree planting plan. b. Written statements including any staging of construction being considered, a timetable for beginning and completing construction of each stage. and proof of any performance guaranteee which that' be required by the Town Board. c•. Anv additional drawings or statements which may be required by the Planning Board in' making its review. Written approval of a Final Development'Plan by the Planning Board shall be filed with the Town Clerk and the Enforcement Officer. This shall constitute authorization for the Enforcement Officer to issue a building permit and for the applicant to proceed with the Planned Development. 9. Review. One year from the date of conditional approval by the Town Board the proposed Planned Development shall be subject to review by the Planning Board. If a Final Development Plan has not been submitted, or substantial progress made toward eventual completion of the project, the Planning Board may recommend to the Town Board that conditional approval be withdrawn or, with good cause, extended for an additional year. In anv event the Planned Development shall be subject to annual review by the Planning Board, and action by the Town Board. until it is completed in accordance with the Final Development Plan. If conditional approval of the Planned Development is with -drawn a1 anv time the land use regulations applicable to the area prior to approval of said Planned Development shall again be in effect. 10. Control of Planned Development. After Planning Board approval of a Final Development Plan for a PDA minor changes, extensions or alterations in said development may be made only after they have been approved by said Planning Board. Major changes such as increased density or reduction of open space are subjec•t'to the same review and approval procedure as applied to the original application. 11. Certificate of Occupancy. Upon completion of the PDA. or any stage of it. the Enforcement Officershall issue a Certificate of Occupancy in accordance with Section 1702 of this ordinance. 12. Subdivision of a Planned Development Area. All sections of a subdivided PDA are to be controlled by the Final Development Plan. The provisions of Subsection 10 governing changes in the Final Development Plan will apply even though subdivision has occurred. The owners or lessees of a subdivided PDA may jointly or separately make application under this ordinance for an amemdment to the Final Development Plan, 13. Site Plan Review in Subdivision Control. If part of a Planned Development proposal involves the subdivision of land into smaller parcels for sale to individual owners, the site plan review required by this Section shall suffice for Planning Board review under the Town's subdivision regulations. In such cases the developer shall prepare a subdivision plat suitable for filing with the Tompkins County Clerk in addition to the required PDA drawing. Final site plan approval under this Section shall constitute final plat approval under the Town subdivision regulations and the plat shall be filed with the Counts Clerk in the manner prescribed by said Town subdivision regulations. ARTICLE. XIV. OFF- STREET PARKING Section 1400. Off- street parking and loading shall be provided as specified in this Article and shall be paved or graveled, drained, maintained and provided with necessary access driveways. All such parking space shall be considered to be required space on the lot on which it is located, unless otherwise stated. and shall not therefore be encroached upon in any manner by nonparking activities. Section 1401. All land use activities permitted by this Ordinance, including variances and special permits. shall provide at least the amount of off- street parking space specified in the following schedule: 1. For dwelling units: one and two family dwellings - one space per dwelling unit. -all other dwellings -1.5 spaces per dwelling unit. 2. For motels, rooming or tourist houses: -1.25 parking spaces for each room let for rent. 3. For public or private parks or playgrounds: one parking space for each 5.000 square feet of open space area or major fraction thereof up to 10 spaces and, thereafter, one space for each 10.000 square feet or major fraction thereof. 4. For commercial or semiprivate recreation facilities: one parking space for each 200 square feet of space enclosed for indoor facilities plus ample space to accommodate the expected parking requirements of any outdoor facility.. 5. For a restaurant, social club or similar use: one parking space for each 100 square feet of gross floor area. 6. For small retail uses or convenience goods or personal services: one parking space for each 250 square feet of business Door area. 7. For shopping centers or shopping plazas where concentrations of retail stores are located: 3 .square feet of parking space for each square foot of gross floor area. 8. Professional office, studio or bank: - one space for each 200 square feet of gross floor area plus one space for each employee. 9. For research offices and laboratories: one space for each 200 square feet of gross floor area. 10. Home occupation: -in addition to the dwelling unit requirements. one space for each I00 square feet of floor area devoted to such home occupation. 11. For manufacturing activities: 1 ARTICLE XV: SIGNS Section 1500. The intent and purpose of this Article is to establish specifications for the provisions of signs in those certain Land Use Controlled Districts and also for the unzoned area of the town which will permit proper identification, preserve and enhance the visual characteristic quality of the area and prevent installations which are particularly distraction and hazardous to vehicular traffic. Section 1500 through 1511 apply to control district R,L,M.H,C, and I. Section 1509 through 1512 apply to the zoned and unzoned area in the Town of Lansing as specified. Section 1501. In general, and unless otherwise specified in this Article, signs shall be located on the premises they advertise and shall not flash or move, or have the appearance of flashing or moving. No sign shall be located closer than 10 feet to any road right-of-way line or overhang any road right-of- way line. This provision shall not apply to those signs needed for public safety and traffic control. Section 1502. All land use activities permitted by this Ordinance, including variances and special permits, may provide signs if such signs are in accordance with the following specifications: 1. Signs required by law and official signs required by a governmental agency are permitted as required. , 2. Temporary signs for construction: one in number not to exceed 32 square feet in area. Such signs shall be removed after construction has been completed. 3. Multi - family dwellings, town houses, rooming houses and tourist homes: - identification sign shall be situated within the property lines of the premises identified and shall not exceed one in number or be greater than 9 square feet in area. 4. Professional office. studio or funeral home: one sign, provided that such sign does not exceed 9 square feet in area and is nonflashing. 5. Home occupations: - identification signs shall bear only the name of the person residing on the premises and the profession or occupation being conducted on the premises. Such sign shall be located within the property lines of the premises identified, shall not exceed one in number and 9 squire feet in area and shall be nonflashing. 6. Retail business establishment: - identification signs shall not exceed two in number the aggregate of which shall not exceed 50 square feet in area. Identification signs may be freestanding or attached to, or part of, the facade of the building. Such signs shall be nonflashing. 7. Commercial recreaton and amusement facilities whether indoor or outdoor, automtobile sales establishments, wholesale. bulk storage and warehouse facilities, building supplies and similar activities: - identification signs not to exceed two in number the aggregate of which shall not exceed 100 square feet in area. Such signs may be freestanding or attached to, or part of, the facade of a building and shall be nonflashing. 8. Shopping centers or plazas. manufacturing, assembly or industrial uses: - identification signs shall not exceed two in number each of which shall not exceed 100 square feet in area. Such signs may be freestanding or attached to, or part of. the facade of a building. No sugh sign shall be located closer than fifteen feet from any road right -of-way line. If illuminated, signs shall be nonflashing. 9. Printing, welding, plumbing and similar service uses: - identification signs shall not exceed one in number and shall not exceed 60 square feet in area. If illuminated such signs shall be nonflashing. 10. Gasoline service stations and service and repair garages: - identification signs not to exceed a total of 32 square feet in area. Such signs shall be nonflashing. Additional small advertising signs shall not exceed two in number each of which shall not exceed 6 square feet in area. 11. Motels: =identification signs not to exceed two in number each of which shall not exceed 100 square feet in area. Such signs shall be located on the premises they identify, shall not be closer than 15 feet from any raod right -of -way and, if illuminated, shall be nonflashing. 12. Billboards: - Outdoor advertising billboards or signs greater than 120 square feet shall not be permitted in restricted areas of the Town of Lansing. 13. For all other nonresidential uses: - identification signs not to exceed one in number or be greater than 50 square feet in area. Such signs if illuminated shall be nonflashing. Section 1503. No illuminated sign shall be permitted or installed which would be distracting or hazardous to vehicular traffic. Section 1504. Illuminated advertising signs in all land use control areas except C areas shall not be lighted between 10 o'clock p.m. and sunrise each dap. Business identification signs may remain lighted during normal business hours in all districts. Section 1505. No sign shall be higher than two times the overall height of the building it identifies, or 25 feet from the ground, whichever is more restrictive. Section 1506. If a sign is irregular in shape or consists of independent, detached letters or sinbols. the area of said sign shall be determined by measuring the area within a regular polygon completely enclosing the sign or enclosing such independent letters or symbols as they are intended to be installed. Section 1507. In determining the permissible area of anv sign only the largest side of a two or three sided sign need be measured. Section 1508. All signs shall be propertly repaired and painted as necessary to maintain their appearance. If such repairs or painting is not provided by the owner the zoning enforcement officer may order removal of the sign after the owner has received written notice. Section 1509. Application for permit: Applicatons for permits shall be required in duplicate for signs in excess of 9 square feet in area. The application shall be submitted to the Zoning Enforcement Officer and contain the following information: a. The name, address and telephone number of the applicant. b. The location of the building structure. or land on which the sign is to be erected. C. A sketch showing the descrition of the sign and the locaton of the same on the premises. d. The written consent of the owner of the building, structure of land upon which the sign is to be erected, in the event the applicant is not the owner thereof. Section 1510. Fee - the .Application for said permit shall be delivered to the Zoning Enforcement Officer with a fee of $5.00. Section 1511. Issuance of Permit - It shall be the duty of the Zoning Enforcement Officer upon the filing of the application for a permit to erect a sign. to examine the plans, specifications, and other data submitted to him in consultation with the Planning Board. If it appears that the proposed sign is in compliance with the requirements of this ordinance. he shall thereafter. within five days. issue a permit for the erection of said sign. If the Town Zoning Officer shall refuse to grant said permit, the applicant may appeal the decision to the Zoning Board of Appeals. Section 1512. Signs in the Unzoned Area L The following regulations shall apply to signs in the unzoned area a. A maximum of two signs for any one business. b. Any illuminated sign or lighting device shall apply only to lights emitting from a light of constant intensity, and no sign shall be illuminated by or contain flashing, rotating. or moving light or lights. Further, no illuminated sign or other lighting device shall be so placed or directed so as to permit the beams and lighting to be directed or beamed upon a public street. highway. sidewalk or adjacent premises, so as to cause glare or reflection that may conistitute a traffic hazard or nuisance. c. Professional name plates and signs denoting the name and address of the occupants of the premises, and signs denoting names of professional business and personnel. such as doctors, lawyers. and signs denoting places of worship, libraries, museums. social clubs or societies are permitted. d. No permit shall be required for any sign not exceeding 9 square feet in area. e. No permit shall be required for a sign erected and maintained pursuant to and in discharage of any governmental function. or required by any law, ordinance or governmental regulation. ARTICLE XVI: NONCONFORMING USES Section 1600. Continuance Except as otherwise provided in this Article, the lawful use of any building or land existing at the date of adoption of this Ordinance map be continued even though such use does not conform to the provisions of the Land Use Control Distrivt in which such land is located. Nonconforming use rights, subject to the provisions of this Article, remain with the land when title is transferred. Section 1610. Extension or Enlargement A nonconforming building or land use activity may not be extended in area or intensity or expanded to other structures or land not already devoted to such use except by means of a variance granted by the Board of .Appeals. No variance permitting extension or expansion of a nonconforming use or structure shall be granted by the Board of Appeals unless the regulations of this Ordinance for the district in which said nonconforming use is located, other than the use of land, can be substantially complied with or unless Board determines that a demonstrable hardship exists. Section 1602. Restoration and Repair .A nonconforming structure or part thereof which is damaged or destroved may be restored to safe and sanitary condition. ' Section 1603. Changes _ .A nonconforming use may be changed to another nonconforring use only by variance granted by the Board of Appeals. No nonconforming use shall, if once changed to a nonconforming use, be changed back to a nonconforming use. Section 1604. Abandonment or Discontinuance Abandonment or discontinuance of any non - conforming use for a period of 12 months or more shall terminate such nonconforming use of the structure of Premises. No such nonconforming use shall be reinstated except by variance granted by the Board of Appeals and any subsequent use of such auilding or premises shall be in conformance with the provisions of this Ordinance for the area in which such building or premises is located. The date of abandonment or discontinuance of a nonconforming use shall be determined by the Board of Appeals. Extension of the termination date of such nonconforming use for an additional 6 months may be granted by the Board of Appeals if a written request is made by the property owner. i ARTICLE XVIL ADMINISTRATION - - - -- -� Section 1700. Enforcement This Ordinance shall be enforced by the Zoning Enforcement Officer who shall be appointed by and serve at the pleasure of the Town Board. The Town Board. if circumstances warrant, shall have the power to appoint additional officers, either on a temporary or permanent basis. Section 1701. Building Permit No building shall be erected, moved. structurally altered, or enlarged, and no excavation for any building shall be begun within the zoned area of the Town of Lansing without a building permit except that no building permit shall be required in any unzoned area or for normal maintenance and repair work, for painting, interior decoration, landscaping and the construction or erection of any structure such as a utility shed or animal shelter where the total floor area is sixty square feet or less. Such building permits may be issued by the Enforcement Officer after a review of the work proposed. Where the propose construction. alternation or use of the building is in violation of any of the provisions of this Ordinance, nb building permit shall be issued except on written order of the Board of Appeals after an appeal has been made and the Board of Appeals has acted in accordance with Article XVIII of this Ordinance. Section 1702. Certificate of Occupancv Upon completion of any building for which a building permit is required: and prior to occupant', the Zoning Enforcement Officer shall inspect the building for compliance with the Zoning Ordinance. If. in the best judgement of the Zoning Enforcement Officer. the building meets all zoning specifications a Certificate of Occupancy shall be issued and the building may be occupied. If the building construction is in violation of the Zoning Ordinance, the law shall be enforced as stated in Article XVIII of this Ordinance. Section 1703. Health Department Requirements No building permit or certificate of occupancy issued under the terms of this Article shall become or remain valid unless the holder thereof has compiled with the applicable rules and regulations of the Tompkins County Health Department Sanitary Ordinance. ARTICLE XVIII: APPEALS Section 1800. Board of Appeals Therqq is hereby established a Board of Appeals which shall function in a manner prescribed b-v Sec. 267 of Town Law of the State of New York. The members of the Board of .Appeals shall reside in the restricted land use control districts of the Town of Lansing and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. The Town Board shall designate a chairman and the Board of Appeals shall choose its vice chairman who shall preside in the absence of the chairman. In the absence of both the chairman and the vice chairman, the Board of Appeals shall choose one of its members as acting chairman. Such chairman, or the party acting in his stead during his absence. assumes duties of the chairman, and may administer oaths and compel the attendance of witnesses. The Board of Appeals shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Ordinance and all its resolutions and orders shall be in accordance therewith. The Board of Appeals shall take minutes of all of its meetings and keep a record of its proceedings and its vote on every question. Section 1801. Grievances and Appeals Any person aggrieved by any decision of any officer charged with the enforcement of this Ordinance may take an appeal to the Board of Appeals. The Board of Appeals shall, in accordance with the provisions hereinafter contained in this Section: Section 1801: 1. Hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated to issue such permit or certificate in accordance with the provisions of Section 1701 and 1702. . 2. Review any order or decision of said person where such order or decision is based upon the requirements of this Ordinance: 3. Hear and decide all matters referred to it or upon which it is required to pass by the terms of this Ordinance. Section 1802. Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance, the Board of Appeals shall have the power. to passing upon Appeals. to vary or modify the application of any of the regulations or provisions of this Ordinance so that the spirit of the Ordinance shall be observed. All Appeals related to the use of land (rather than area requirements such as lot size, frontage, etc. t shall be referred to the Planning Board for review as to the conformance with the objectives of the Master Plan. No decisions shall be made by the Board of Appeals until such Planning Board review has been completed and a report issued. If the Planning Board fails to issue its report wLLm 30 days the Board of Appeals shall assume that a favorable report has been issued. Section 1803. Procedure 1. The Board of Appeals shall hold a public hearing on appeals within 60 days after receipt and give due notice of such public hearing by advertising in the official newspaper at least days prior to the date therof. 2. The Board of Appeals shall, at least 5 days before a public hearing, mail notices thereof to the parties. to the Regional State Park Commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal, and to the owner of all land parcels contiguous to that in question. 3. The Board of .Appeals, before taking final action on any special permit or variance affecting real property lying within a distance of 500 feet from the boundary of any city, village or town, or from the boundary of any existing or proposed county or state park or other recreaton area, or from the rightof -way of any existing or proposed county or state road or highway, or from the existing or proposed right -of -way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing proposed boundary of any county or state owned land on which a public building or institution is situated, shall refer such matter to the Tompkins County Planning Agency for report and recommendaton. If the County Planning Agency fails to make such report within 30 days after receipt of referred matter the Board of Appeals may act without such report. If the County Planning Agency disapproves the proposal. or recommends modification thereof, the Board of Appeals may act contrart to such disapproval or recommendation only by a vote of a majority plus one of all the matters thereof. The Board of Appeals shall file a report of its action with the County Planning Agency within 7 days after such action is taken. 4. The Board of Appeals shall decide on appeals or other matters referred to it within sixty days after final PPublic hearing. ARTICLE XIX: AMENDMENTS Section 1900. The regulations and provisions of this Ordinance may be amended, supplemented or repealed by the Town Board after legal notice and public hearing as specified in this Article. Section 1901. Each Proposed amendment, if initiated by an agency other than the Planning Board,' shall be referred to the Planning Board for review and recommendation thereon before the public hearing hereinafter provided for. Section 1902. The Town Board shall fix the time and place for a public hearing on the proposed change or amendment and cause notice to be given as follows: 1. By publishing a notice of time and place at least 10 days in advancee of such hearing in the official paper of the Town. 8. By submitting a written notice of-any change or amendment affecting property within 500 feet of the boundaries of any state park or parkway to the regional park commission having jurisdiction over such park orparkway at least 10 days prior to such hearing. 3. By submitting a written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any adjacent village, town or county to the clerk of such village, town or county at least 10 days prior to such hearing. Section 1903. The awn Board shall refer certain proposed amendments to the Tompkins County Planning Agency as specified in, and in accordance with. Section 2391 of Article 12 -B of the General Municipa I Law. Section 1904. In case of a protest against such proposed change or amendment signed by the owners of 20 per cent or more of the area of land included in such pro posed change or by 20 per cent or more of all land owners within IW feet from the boundaries of the area of land to be included in such proposed change, such amendment shall not become effective except by a favorable vote of four members of the Town Board. Section 1905. In approving subdivision plats which require modifications of the zoning regulations, the Planning Board may make such zoning changes only after these have been disclosed at the public hearing required by the land Subdivision Rules and Regulations for the' Town. Changes made pursuant to this section are at the discretion of the Planning Board and must be made in accordance with the previsions of Section 261 of Article 16 of the Town Law. ARTICLE XX: PENALTIES Section 2000. Any person. firm, corporation or other party, violating any provision of this ordinance shall be deemed guilty of an offense upon conviction and shall be subject to a fine of not exceeding $50.00, or to imprisonment for not exceeding 30 days, or to both such fine and imprisonment, for each and every violation and for each and every week that such violation continues. In addition to other penalties, the Town of Lansing may institute any appropriate action or proceeding to prevent the unlawful erection. construction. alternation or use of any building or land in violation of the requirements of this ordinance. ARTICLE XXI: MISCELLANEOUS Section 2100. Interpretation The provisions of this Ordinance shall be held to be the minimum requirements necesaryry to accomplish the purpose of the Ordinance and shall be interpreted and applied as such. When' requirements of this Ordinance conflict with the requirements of other lawfully developed rules.' regulations or ordinances, the most restrictive or that imposing higher standards shall take precedence. Section 2101. Validity The invalidity of any section or provision of this Ordinance shall not invalidate any other section or, provision thereof. Section 2101. Effective Date This Ordinance shall be in force and effect uRon adoption and publication as provided by law. mxr^nr.00 cmu m ut tonAiunnrom .TnwmnF1AXRING -.