HomeMy WebLinkAbout10-15-03 Adopted Land Use Ordinance TOWN OF LANSING
LAND USE ORDINANCE
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Adopted: October 15, 2003
Effective: January 3, 2004
Amended May 18, 2005
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TABLE OF CONTENTS
I. TITLE..............................................................................................................................................5
H. PURPOSE.......................................................................................................................................5
M. DEFINITIONS (APPENDIX n................................................................................................6-16
IV. LAND USE CONTROL AREAS
400.0 Districts.............................................................................,...............................................17
401.0 Description of Districts-Intent......................................................................................17-18
402.0 Determination of Boundaries............................................................................................19
V. DISTRICT REGULATIONS AND SCHEDULES
501.0 Excluded Uses or Activities.............................................................................................20
502.0 Site Plan Review..............................................................................................................20
503.0 SCHEDULE I: Land Uses or Activities.....................................................................21-30
504.0 SCHEDULE II: Area,Frontage,Yard Requirements......................................................32
504.1 Footnotes for Schedule II...................................................................................34
VI. GENERAL PROVISIONS
601.0 Applicability......................................................................................................................35
602.0 Health Department Jurisdiction.........................................................................................35
603.0 Future Public Water or Sewers..........................................................................................36
604.0 Two Uses in One Structure...............................................................................................36
605.0 Exceptions.........................................................................................................................36
606.0 Obstruction of Vision........................................................................................................36
607.0 Lot in Two Districts..........................................................................................................37
608.0 Drainageways....................................................................................................................37
609.0 Garbage and Junk..............................................................................................................37
610.0 SEQR Requirements .........................................................................................................37
VII. SUPPLEMENTARY REGULATIONS
700.0 Intent.................................................................................................................................38
701.0. Site Plan Review ..............................................................................................................38
701.1 Intent ...................................................................................................................38
701.2 Applicability.........................................................................................................38
701.3 Land Use Activities Exempt................................................................................38
701.4 Standards for Site Plan Review............................................................................39
701.5 Review Procedure...........................................................................................40-41
701.6 Approval Procedure.............................................................................................41
701.7 Referral to Tompkins County Planning Department(GML §239)......................42
701.8 Building Permit.....................................................................................................42
702.0 Flood Plains.......................................................................................................................42
703.0 Wetlands............................................................................................................................42
704.0 Roads.................................................................................................................................42
706.0 Planned Development Area
706.1 Purpose.................................................................................................................42
706.2 Objectives of a Planned Development Area.........................................................43
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706.3 Preliminary Proposal/Feasibility Conference..........................................44
706.4 Public Comment Period.......................................................................................40
706.5 Approval of Statement of Intent to Comply.........................................................45
706.6 Conditional Approval of the Planned Development Area....................................45
706.7 Final Development Plan.......................................................................................46
706.8 Town Board Action on a Final Development Plan..............................................46
706.9 Review..................................................................................................................47
706.10 Control of Planned Development.........................................................................47
706.11 Certificate of Occupancy......................................................................................47
706.12 Subdivision of a Planned Development Area.......................................................47
706.13 Site Plan Review in Subdivision Control.............................................................48
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VIII. SPECIAL CONDITIONS AND SPECIAL USE PERMITS
800.0 Purpose..............................................................................................................................49
801.0 Applicability..........................................................................................49
802.0 Special Conditions.............................................................................................................49
802.2 Dwelling,Mobile Home..........................................................................................49
802.3 Mobile Home Park..................................................................................................49
802.4 Church,Place of Public Worship............................................................................50
802.5 Nursery School;Day Care Facility.........................................................................50
802.6 Nursing Home; Hospital;Health Related Clinic.....................................................50
802.7 Cemetery.................................................................................................................50
802.8 Commercial Plant Nursery......................................................................................50
802.9 Residential(home)Business or Occupation...........................................................50
802.10 Funeral Home........................................................................................................51
802.11 Kennel;Animal Boarding ....................................................................................51
802.12 Veterinary Hospital...............................................................................................51
802.13 Commercial Recreation.........................................................................................51
802.14 Motel;Hotel..........................................................................................................52
802.15 Restaurant,Tavern(except drive-thru fast food)..................................................52
802.16"Mini"Commercial Warehouse.............................................................................52
802.17 Bed and Breakfast.................................................................................................53
802.18 New and Used Car Sales, Service&Repair;Truck Terminal..............................53
802.19 Natural Resource Exploration...............................................................................53
802.20 Vehicle Wrecking and Salvage.............................................................................53
802.21 Signs/Billboards....................................................................................................54
802.22 Public Utility Substation; Transmission Line.......................................................54
802.23 Solid Waste Recycling or Transferring Station.....................................................54
802.24 Communication Tower..........................................................................................54
802.25 Junkyard................................................................................................................55
802.26 Retail Sales, Specialty:Antiques, Crafts...............................................................55
802.27 Keeping or Raising of Horses or Ponies ...............................................................55
802.28 ECHO Housing.....................................................................................................55
802.29 Multi-Family Dwelling in RA ..............................................................................55
802.30 Roadside Stand in RA...........................................................................................55
802.31 Retail Sales: lumber and other building materials and supplies............................55
802.32 Retail sales: mobile home,RV, snowmobile and similar items
requiring outdoor storage.....................................................................................56
802.33 Drive-thru restaurant.............................................................................................56
802.34 Convenience(mini)mart.......................................................................................56
802.35 Printing and publishing(not a home business).....................................................56
802.36 Vehicle body shop,not as part of new or used car sales and service....................57
802.37 General process,light manufacturing, assembly ..................................................57
802.38 Farm Buildings for Sale of Farm Commodities........................................57
802.39 Mother-in-Law/Accessory Apartment..................................................57
803.0 Special Use Permits...........................................................................................................58
803.1 General Requirements.......................................................................................................58
803.2 Specific Requirements.......................................................................................................58
803.2.1 Site Plan Review..................................................................................................58
803.2.2 Farming-Poultry...................................................................................................59
802.2.3 Farming-Livestock...............................................................................................59
803.2.4 Kennel; Animal Boarding....................................................................................59
803.2.5 Veterinary Hospital..............................................................................................59
803.2.6 Professional or Business Office; (Restaurant, Tavern(except drive-Thru) ...60
803.2.7 Vehicular Fuel and Service;New&Used Car Sales, Service,Repair.................60
803.2.8 Commercial Excavation.......................................................................................60
803.2.9 Keeping or Raising of Horses or Ponies..............................................................60
803.2.10 Sexually Oriented Business................................................................................60
803.3 Procedure for Special Use Permit.....................................................................................61
803.4 Expiration..........................................................................................................................61 .
IX. PARKING AND LOADING
900.0 Intent.................................................................................................................................62
901.0 Off-Street Parking Requirements......................................................................................62
902.0 Off-Street Loading Requirements.....................................................................................63
903.0 Conflict with Other Regulations.......................................................................................63
904.0 Variance............................................................................................................................63
Schedule III: Off-street Parking Requirements.........................................................................64-65
X. NONCONFORMING USES
1001.0 Continuance........................................................................................................................66
1002.0 Permission to Alter or Enlarge...........................................................................................66
1003.0 Changes..............................................................................................................................66
1004.0 Restoration and Repair.......................................................................................................66
1005.0 Transference.......................................................................................................................66
1006.0 Reversion............................................................................................................................67
1007.0 Abandonment or Discontinuance.......................................................................................67
1008.0 District Changes.................................................................................................................67
1009.0 Previously Prepared Plans............................................
XI. ADMINISTRATION(Enforcement)
1100.0 Enforcement......................................................................................................................68
1100.1 Enforcement Officer..............................................................................................68
1100.2 Building Permit.....................................................................................................68
1100.3 Application............................................................................................................68
1100.4 Revocation.............................................................................................................68
110 1.0 Certificate of Occupancy....................................................................................................68
1102.0 Health Department Requirements......................................................................................69
XII. APPEALS
1200.0 Zoning Board of Appeals...................................................................................................70
XIII. AMENDMENTS...........................................................................................................................71
XIV. VIOLATIONS AND PENALTIES.............................................................................................72
XV. MISCELLANEOUS....................................................................................................................73
APPENDIX II: CELL TOWER ORDINANCE................................................................................74-82
APPENDIX III: JUNKYARD STORAGE ORDINANCE...............................................................83-91
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APPENDIX IV:ADULT ENTERAINMENT ORDINANCE..........................................................92-95
ARTICLE I: TITLE
This ordinance shall be known and cited as the Town of Lansing Land Use Ordinance, Tompkins County,
New York.
ARTICLE II: PURPOSE
The purpose of this Ordinance is:
* to promote the health, safety and general welfare of the community;
* to reduce congestion on streets and highways and prevent the overcrowding of land;
* to avoid undue concentration of population;
* to facilitate the adequate provision of transportation,water, sewage disposal, schools,parks and
other public services;
* to conserve the value of property;
* to establish zones wherein regulations concerning the use of land and structures, the density of
development, the amount of open space that must be maintained, the minimum size of yards, the
provision of parking, the control of signs and other provisions will be set forth to encourage the
most appropriate development of the Town in accordance with the principles and objectives of the
Town's Comprehensive Plan.
ARTICLE III: DEFINITIONS
Definitions are located in Appendix I attached to and made part of this Ordinance.
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APPENDIX I
DEFINITIONS
A.0 Certain words and terms used in this Ordinance shall be as defined and interpreted in this Article III.
The word"shall"is mandatory;the word"may"is permissive. Words used in the present tense shall
include the future tense.
A.1. Adult Residential Care Facility. Residential facilities for adults where minimal medical care and
personal hygiene are provided to residents on a 24-hour basis for persons, who, by reason of
limitations associated with age or physical disability,are unable to live independently. There are two
types of facilities:
a. Facilities licensed and periodically inspected by Tompkins County for three(3)or less
adults.
b. Facilities licensed and periodically inspected by the State of New York for four(4)or more
adults.
A.2. Agriculture. The production or raising of agricultural products such as, but not limited to, crops,
plants, vines, trees, livestock or poultry, and accessory uses customarily incidental to such activity.
(See also Farm.)
A.3. Appeal. A formal request to the Zoning Board of Appeals for a review of the Code Enforcement
Officer's interpretation of any provision of this Ordinance or a request for a variance.
A4. ® Basement. That portion of a building that is partly or completely below grade (see "Story above
grade").
A.S. ® Bed and Breakfast. Owner-occupied residence resulting from a conversion of a one-family dwelling,
used for providing overnight accommodations and a morning meal to not more than ten (10)
transient lodgers, and containing at least three but not more than five bedrooms for such lodgers.
A.6. Boathouse,A structure at edge of river or lake;used to store boats.
A.7. Buffer Strip. A strip of land, generally adjacent to a property line, on which a screen of plantings
that will be dense enough and high enough to be a visual buffer between properties is installed and
maintained by the land owner. (See Landscaping)
A.B. Building. Any structure where space is covered or enclosed.
A.9. Buildinp-,..AccessorG. A building subordinate to the principal building on the same lot and used for
purposes that are clearly related but incidental to those of the principal building.
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A.10. ®Building, Alteration of, Any construction or renovation to an existing structure other than repair or
addition that requires a permit. Also, a change in a mechanical system that involves an extension,
addition or change to the arrangement, type or purpose of the original installation that requires a
permit.
A.11. Building Area. The total area, as measured on a horizontal plane at the main grade level, of the
principal building and all accessory buildings, but excluding uncovered porches, terraces, steps and
paved areas.
A.12. Building Code. New York State Uniform Fire Protection and Building Code.
A.13. Building Hecht. The vertical distance measured from finished grade to the highest point of a roof.
On a hillside lot finished grade should be considered as the average finished grade on the uphill side
of the structure.
A.14. a Building Line. The line established by law, beyond which a building shall not extend, except as
specifically provided by law.
A.15. Building, Nonconforming. A structure or building the size, dimension or location of which was
lawful prior to adoption,or amendment of this Ordinance,but which fails by reason of such adoption
or amendment, to conform to the present requirements of the zoning district in which the said
building is located. (See also Use,Nonconforming.)
A.M. Building, Principal. A building, including covered porches, within which is conducted the principal
use of the lot on which the building is situated. In a residential district, any dwelling shall be deemed
the principal building for the lot on which it is situated.
A.17. Cabana,A shelter on a beach or at a swimming pool used as a bathhouse. A cabin or hut.
A.18 Cabin or Cottage. A building designed for seasonal occupancy and not suitable for year-round
living,whether or not such building is actually occupied seasonally or otherwise.
A.19. Cellar. (See Basement)
A.20. Church or other Place of Public Worship. A building or space for public worship and used by an
organization that is registered by the State of New York.
A.21. Club. Any organization, premises or building catering exclusively to members and their guests and
containing no merchandising or commercial activities except as required for the membership and
purposes of such club.
A.22. Cluster Development. The subdivision of an area into lots that are smaller than would normally be
permitted in the district where such lots are located, but where the density of development is no
greater than would be permitted in the district by conventional development, and where the residual
land produced by the smaller lot size is preserved and used for common open or recreation space.
A.23. Commercial or Business Activity. An establishment or use that provides goods, merchandise,
services or entertainment to the general public for gain.
A.24. Commercial Recreation. A recreation facility operated as a business and open to the public for a fee.
Includes both indoor and outdoor facilities as listed in SCHEDULE I of this Ordinance.
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A.25. Communication Tower. Any tower, pole or other structure designed to be used for the commercial
transmission or reception of television, radio and cellular telephone signals, microwave, or similar
electronic impulses. For purposes of this Ordinance, "communication tower" does not include
amateur radio(HAMS)installations.
A.26. Community Residence, State Required. Any residential facility operated by the State or which is
operated by a State-certified or licensed provider of services and which is designed to assist mentally
disabled individuals in the transition from institutional to independent living in the community, to
provide a long-term supervised residence for individuals whose mental disability is such that
independent living is improbable, to provide temporary shelter for short periods of time in order to
offer an alternative for admission to an institution,to provide a brief-stay substitute home to mentally
disabled individuals, or to allow respite or vacation to such individual's families or legal guardians.
A community residence shall include,but not be limited to,halfway houses and hostels.
A.28. Comprehensive Plan. A document showing past, present and proposed future land use and a traffic
circulation system including materials, written or graphic, that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the immediate and long range
protection, enhancement, growth and development of the Town of Lansing as prepared by the
Planning Board and subsequently accepted as the Town of Lansing Comprehensive Plan by the
Town Board,and as may subsequently be amended.
A.29. Condominium. A building or group of buildings, in which units are owned individually and the
structure, common areas and facilities are owned by all the unit owners on a proportional,undivided
basis. A legal form of ownership of real estate and not a specific building style. Can contain
residential,commercial or a mix of occupancies.
A.30. Congregate Housing. Living arrangements designed to integrate the shelter and service needs of
older persons and in which residents have their own apartments and are served meals in a central
dining room. Continuous supervision of residents is not provided. However, services that help
residents maintain their independence may be provided by onsite staff or by community providers.
(See Retirement Housing)
A.31. Convenience Mini) Mart. A small commercial activity that may offer for sale convenience goods,
beverages,and sundries,including motor fuel.
A.32. Customary Household Pet. A domesticated or tame animal that is customarily domiciled and cared
for in a dwelling or accessory building, or is confined in an outdoor space on the same lot as a
dwelling,which care or confinement shall not be provided for monetary gain or as a business.
A.33. Day_Care Facility. As used in the New York Social Services Law, day care shall mean the care
provided for three or more children or adults away from their own homes for less than twenty-four
(24) hours per day in a family home or day care center that is operated for such purpose, for
compensation or otherwise, for more than five (5) hours per week. A permit or-certificate, as
appropriate, is issued by the New York State Department of Social Services to regulate this type of
day care.
A.34. Dependent Relative. A person who, for economic or medical reasons, is dependent on another
person who is related by blood,marriage or adoption.
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A.35. Development. A man-made change to the natural condition of a site including,but not limited to,the
addition to, or erection of, one or more structures or buildings,grading, dredging, filling, excavating,
paving, clearing or providing a means of ingress and egress to and from, or through, said site,
whether already improved or unimproved.
A.36. Drive-Thru. An establishment which, by design, physical facilities, or packaging procedures
encourages or permits customers to receive services, obtain goods or be entertained while remaining
in their motor vehicles.
A.37.®Dwelling. A building that contains one or two dwelling units used, intended, or designed to be built,
used,rented,leased, let or hired out to be occupied, or that are occupied for living purposes.
A.38. Dwelling, Factory Manufactured. A dwelling that meets all applicable New York State building
codes and is constructed by a method or system of construction whereby the basic structure or its
components are wholly, or in a substantial part,manufactured in a remote facility and designed to be
transported to a lot for assembly and permanent installation on a foundation. For purposes of this
Ordinance,a mobile home dwelling, as defined below,is not a factory manufactured dwelling.
A.39. Dwelling, A artment. That portion of a larger dwelling consisting of one or more rooms, and
occupied by the members of a family, which group of rooms is separated from all other groups
within the dwelling.
A.40. Dwellin,Acces.sM A dwelling in or adjacent to a structure which has a different primary use.
A.41. Dwellim�w, Mobile Home. A dwelling that complies with the definitions of a manufactured home as
defined by regulations of New York State and the U.S. Department of Housing and Urban
Development.
A.42. Dwelling Multiple Family. A building containing three (3) or more dwelling units that are
independent of each other and have separate kitchen and bathroom facilities for each unit.
A.43. Dwelling, Townhouse. A building containing two(2) or more dwelling units, each of which has one
or two sidewalls in common with sidewalls of abutting units and are party, or lot-line, walls. May
contain rental or for-sale housing.
A.44. Dwelling,Two-Family. A detached building containing no more than two(2)dwelling units.
A.45.®Dwelline Unit. A single unit providing complete independent living facilities for one or more
persons,including permanent provisions for living, sleeping, eating, cooking and sanitation.
A.46. Dwelling,_ECHO Housing (Elder Cottage Housing Opportunity). Self-contained, portable housing
units that are designed for temporary use by one or two occupants and are placed in the rear or side
yards of an existing one-family dwelling.
A.47. Family. An individual, or two or more persons occupying a dwelling unit and living as a single
household. Limited to six(6)unrelated people living in a family unit.
A.48. Farm. A parcel of land that is used for the production of agricultural products, including the
necessary structures and equipment for the operation thereof, and otherwise complies with the
regulations of the NYS Board of Equalization and Assessment.
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A.49. FloodFlooding. A general and temporary condition of partial or complete inundation of normally
dry areas from an overflow of a stream or other body of water caused by severe storms or unusual
and rapid surface water runoff.
A.50. Flood, 100-Year. The highest level of flooding that, on average, is likely to occur every 100 years.
The base flood.
A.51. 4H/Educational Husban Opportunities for young-people desiring agricultural experience
available through participation in a recognized educational program.
A.52. Fronts e. (See Lot,Width.)
A.53. Garage, Service and Repair. An enclosed building for the indoor storage or repair of motor vehicles
including painting, and the sale of parts and accessories. A junk yard or salvage yard is not to be
construed as a garage.
A.54. Garage,Private. A carport or enclosed building for use by the inhabitants of a dwelling.
A.55. Garbage. Discarded materials generated from the activities of a household, business, institution, or
public or quasi-public facility,consisting of-
(1) Food wastes,including but not limited to kitchen and table scraps,decaying or
spoiled vegetable,fruit and animal matter, and fallen fruit.
(2) Any other used or discarded waste materials such as paper,plastic,metal,rags,food
wrappings and containers, sweepings,rubber,leather,cloth, clothing,waste
materials from normal maintenance and repair activities,pasteboard, crockery,
shells,dirt,ashes,wood, and glass.
Garbage does not include properly prepared and stored recyclable materials or collectible
yard waste, properly stored and maintained composting materials, rubble, bulk items,
industrial waste, hazardous materials, automobile or other motor vehicles tires, or any other
material that a private hauler has specified will not be picked up at a property as part of the
regular collection
A.56. Gasoline Service Station. See Motor Vehicle Service Station.
A.57. Greenhouse. Any building or structure in which light, temperature and humidity can be controlled
for the growing and protection of flowers and other plants.
A.58. Habitable Area. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet
rooms,closets,halls, storage or utility spaces and similar areas are not considered habitable spaces.
A.59. Home Occupation or Business. Any business activity customarily conducted entirely within a
dwelling or structure accessory to a dwelling and meeting the performance standards in Sec. 802.9 of
this Ordinance.
A.60. Junk. Any scrap, waste paper, rags, scrap metal, white goods,junked vehicles and boats or parts
therefrom, reclaimable material or debris, whether or not stored or used in conjunction with
dismantling,processing, salvage, storage,baling, disposal or other use or disposition.
A.61. Lun
hard. A lot or building, or part thereof,used for the collecting, storage or sale of junk as defined
above or similar discarded or waste material; or for the collecting, dismantling, storage or salvaging
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of machinery or vehicles not licensed and not in running condition, or for the sale or storage of parts
thereof. An auto salvage yard.
A.62. Kennel. Any premises, including structures, cages and runs, wherein are harbored more than four
domestic animals that are at least four months old and are not owned by the property owner or lessee,
for boarding,breeding,grooming,training or selling,whether or not for a fee.
A.63. Laboratorv. A building or group of buildings within which are located facilities for research,
investigation, testing or experimentation, but not facilities for manufacturing or selling of products
except as may be necessary for prototype development or as incidental to the main purpose of the
laboratory.
A.64. Landscaping, Landscaped. The use of lawns,trees,plants or other natural or decorative features.
A.65. Land Use Activity. Any action that occurs on land or in a structure that affects the use or appearance
of said land or structure or the intensity of use of said land or structure. Includes, but is not limited
to, new structures, expansions of existing structures, new uses, changes in or expansion of existing
uses, the deposits of more than 500 cubic yards of material, and excavations for the purpose of
commercial extraction of soil,gravel or mineral deposits.
A.66. Living Space Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing,
washing and sanitation purposes.
A.67. Lot. Any parcel, plot, site or tract of land separated from other parcels, plots, sites or tracts by
description as on a subdivision map, or record of survey map, or by metes and bounds, for the
purpose of sale, lease or separate use.
A.68. Lot Area. The total area within the property lines of a lot exclusive of streets, rights-of-way and
other public open space.
A.69. Lot,_Corner. A lot or parcel of land abutting on two or more roads at their intersection, or on two
sections of the same road.
A.70. Lot Coverage. That percentage of a lot actually covered by the ground level area of a building
excluding terraces,decks and porches that are not enclosed or covered by a roof.
A.71. Lot Depth. The ground-level distance from the road line of the lot to its opposite, or rear, line,
measured along the approximate median between the two side lot lines.
A.72. Lot, Flag. A lot that meets, as a minimum,the area requirements of this Ordinance, and is connected
to a public road right-of-way by a strip of land at least twenty(20)feet wide and containing a private
access drive. (See illustration at the end of these definitions,Page 16).
A.73. Lot,Interior. A lot other than a corner lot.
A.74. Lot Line. A line of record bounding a lot and which divides one lot from another or from a public or
private road or any other public space.
A.75. Lot Line, Front. The line of the lot corresponding with, or approximately parallel with, and nearest
to,the road on which the lot faces, as determined by the Town assessment roll. Notwithstanding the
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above, the front lot line of lake shore property on Cayuga Lake shall be on the shoreline of the said
property.
A.76. Lot, Nonconforming. A lot of record, existing on the date of adoption or amendment of this
Ordinance, as amended, which does not meet the minimum area or dimensional requirements of the
zoning district in which such lot is located or the land use which is proposed.
A.77. Lot, Width. The horizontal distance between side lot lines, measured approximately parallel to the
front lot line at a distance determined by the front yard setback requirement as set forth in
SCHEDULE H of this Ordinance.
A.78. Manufacturing Establishment. An establishment, the principal use of which is manufacturing,
fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials,
goods or products.
A.79. Mobile Home. A structure transportable in one or more sections that,in the traveling mode, is 8 feet
(2438 mm)or more in width or 40 feet(12192 nun)or more in length or,when erected on site, is 320
square feet (29.7 m2)minimum, and that was built on or after June 15, 1976 on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air conditioning, and electrical systems
contained therein. The term "manufactured home" shall also include any structure that meets all the
requirements of this defuution except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the federal department of housing and urban
development and complies with the standards established under the national manufactured housing
construction and safety act of 1974, as amended: The term "manufactured home" shall not include
any self-propelled recreational vehicle. (See also §R101.2.3.)
A.80. Mobile Home Park. A parcel of land which is designed and improved in compliance with Lansing
mobile home park regulations for the placement of three or more mobile homes for non-transient
use.
A.81. Motel. A commercial facility designed to be used by transients for overnight or short stay habitation,
where access to individual rooms is by a common corridor or outside entrance and where off-street
parking facilitates baggage handling by guests.
A.82. Motor Vehicle Service Station. Any area of land, including structures thereon, that is used for the
sale of gasoline or other motor vehicle fuels, and oil and other lubricating substances,and which may
include the sale of motor vehicle accessories,NYS inspection and facilities for washing, lubricating
or otherwise servicing motor vehicles, but not including the painting thereof, body and fender work
or the dismantling or replacing of engines.
A.83. Nonconforming Lot or Use. See Lot. nonconforming or Use,Nonconforming.
A.84. Nursery School. An activity designed to provide daytime care or instruction for five or more
children from two to five years of age,which is operated on a regular basis.
A.85. Nursing or Convalescent Home. Any licensed establishment where persons are lodged and furnished
with meals and nursing and/or custodial care, for gain or as a not-for-profit operation.
A.86. Occupant, Seasonal. Occupancy of a structure, building or space for a total or cumulative period
that does not exceed six(6)months in any calendar year.
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A.87. Open Space. That part of the gross lot area that is not used for building, parking or service. Open
space may include lawns, shrubbery, garden areas, footpaths, play areas, pools, water courses,
floodable land, wooded areas and paved surfaces used as access drives, but not used for vehicular
parking except in conjunction with one and two family dwelling units.
A.88. Oren or Outdoor Storage. The holding of any material in such a way that the material is uncovered
or exposed to the elements of nature.
A.89. Parking Space. An area for the temporary storage and parking of motor vehicles and which has at
least nine (9) feet of width, eighteen (18) feet of length and seven (7) feet of clear height, together
with adequate provision for maneuvering and access thereto.
A.90. Planned Development Area. A parcel of at least five(5) acres in area,in one ownership, designed as
a single unit providing a street system and water and sewer facilities as necessary,and used primarily
for residential purposes but may also be used for special commercial or industrial development or a
combination of residential types and commercial or industrial development. (See Sec. 706.0).
A.91. Pfant Nursery, Commercial. A building which is specifically designed, constructed and used for the
culture and propagation of horticultural commodities.
A.92. Professional Office. The office of a member of a recognized profession (a vocation requiring
knowledge of some aspect of learning, science or art) and maintained for the conduct of that
profession.
A.93. Public Sewers. A sewerage system owned and operated by a public agency, and providing for the
collection and treatment of liquid wastes. For purposes of determining minimum lot size under this
Ordinance, the Zoning Board of Appeals may, upon appeal, declare a privately-owned sewerage
system to be the equivalent of a public sewer if said private system is approved by the NYS
Department of Environmental Conservation and the County Health Department.
A.94. Restaurant. A permanent structure used for the serving of meals,with table and chair and/or counter
facilities,but not including drive-thru facilities and services. (See Drive-thru)
A.95. Retirement Housing. Self-contained housing development designed for, and marketed to, elderly
people, and may or may not provide minimal services.
A.96. Road. Private. A vehicular way used to provide access to two or more residences owned by
unrelated parties and meeting the provisions of Sec. 704 of this Ordinance.
A.97. Road, Street or Highway Line. The line that is the common boundary line between the lot and a
road, street or highway right-of-way.
A.98. Roadside Stand. A stall or booth used for commercial purposes, where farm or other products are
offered for sale on a seasonal basis.
A.99. Rooming_House. Dwelling or that part of a dwelling in which rooming units are offered for gain. A
tourist home.
13
A.100. Roomin, Unit. A room or rooms, located in a dwelling, and used to provide private living and
sleeping quarters but without cooking facilities available to,or being part of,the rooming unit.
A.101. School. Any building or part thereof, designed, constructed and used for general education purposes
under the supervision of the State of New York or a lawfully constituted ecclesiastical governing
body, or a corporation or entity meeting applicable requirements of the State of New York.
A.102. Seasonal Occupancy or Use. A use or activity that is carried on for only part of the year,usually six
(6) months or less. If a structure is involved, such structure would lack one or more of the basic
amenities or utilities required for all-year or all-weather occupancy.
A.103. Shared Housing. Up to six(6)unrelated individuals occupying and sharing a one family dwelling.
A.104. Sim. Any structure, display, device or representation that is designed or used to advertise or call
attention to any thing, person, business, activity, event or place and is visible from any highway or
other road right-of-way. The flag or pennant of any nation, state or municipality shall not be
considered a sign.
A.105. Sigh—Outdoor Advertising Billboard. Unless otherwise defined in the Town Sign Law, an outdoor
advertising billboard is any device, object or building fagade larger than 120 sq. ft. in area, situated
on private premises and used for the advertising of goods, services, places, activities or events other
than those directly related to the premises on which said sign is located.
A.106. Site Plan. A plan for the proposed development or use of a single parcel of land that is prepared and
presented for site plan review pursuant to applicable provisions of Sec. 701 of this Ordinance.
A.107. Special Conditions. Conditions and standards applicable to certain uses listed in SCHEDULE I of
this Ordinance, which conditions and standards must be complied with before a permit can be issued
by the Code Enforcement Officer. (See Art.VIII).
A.108. Special Use Permit. A permit from the appropriate Town agency, as specified in this Ordinance,
authorizing certain uses listed in SCHEDULE I herein and subject to conditions to assure that such
uses will be in harmony with this Ordinance and will not adversely affect the neighborhood if such
conditions are met. Such Special Use Permit shall be authorized in accordance with the provisions
and standards set forth in Art.VIII of this Ordinance.
A.109. Stable Public. A facility in which horses are boarded or trained for a fee or are kept and made
available for hire, sale or other type of remunerative activity.
A.110. ®Story-Above Grade, Any story having its finished floor surface entirely above grade, except that a
basement shall be considered as a story above grade where the finished surface of the floor above the
basement is:
1. More than 6 feet(1829 mm) above grade plane.
2. More than 6 feet(1829 mm) above the finished ground
level for more than 50 percent of the total building perimeter.
3. More than 12 feet(3658mm) above the finished ground level at any point.
A.111. Structurallv Altered. Any change or alteration in the supporting structure of a building; any
enlargement of a building or moving of a building from one location to another.
A.112. Tourist Home. See Rooming House.
14
r �
A.113. ®Townhouse. A single-family dwelling unit constructed in a group of three(3) or more attached units
in which each unit extends from foundation to roof and with open space on at least two(2) sides.
A.114. Travel or Camping Trailer. A vehicle specifically designed to be driven or towed and used as a
temporary dwelling for travel,recreation and vacation use.
A.115. Use. See Land Use Activiri.
A.116. Use, Accessory. A use that is incidental and subordinate to the principal use, and located on the
same lot therewith, and that does not dominate in area, extent or purpose the principal use of the said
lot.
A.117. Use, Nonconforming. An established use of a building, structure or land, lawfully existing at the
time of adoption or amendment of this Ordinance, that does not conform with the provisions of
SCHEDULE I of this Ordinance as these provisions apply to the zoning district in which the
building, structure or land is located. (See also Lot,Nonconforming and Building,Nonconforming.
A.118. Variance. Written authority to deviate from any of the regulations of this Ordinance, said authority
to. be granted by the Zoning Board of Appeals in accordance with applicable provisions of this
Ordinance.
A.119. Variance, Area. Authorization by the Zoning Board of Appeals to use land in a manner that would
not otherwise be allowed due to dimensional or physical requirements and regulations set forth in
SCHEDULE II,and elsewhere,in this Ordinance.
A.120. Variance,Use. Authorization by the Zoning Board of Appeals for the use of land or a building for a
purpose that is otherwise not permitted by SCHEDULE I or other applicable regulations of this
Ordinance.
A.121. Vehicle Body Shoff. Any building or portion thereof used primarily for the repair or painting of
motor vehicle bodies, whether or not such activity also includes motor service or repair and the sale
of motor vehicle fuel.
A.122. Yard. An unoccupied space,open to the sky, on the same lot with a building or structure.
A.123. Yard,Front. An open space extending across the entire width of a lot,between the building line and
the front property line (street or road right-of-way line) and into which space there shall be no
extension of building parts other than steps, open porches, eaves, cornices, and similar structures.
For purposes of this Ordinance, a lot located on Cayuga Lake shall have the front yard facing the
lake.
A.124. Yard Line. A line drawn parallel to a lot line at a distance there from equal to the depth of the
required yard. (See SCHEDULE II)
A.125. Yard,Rear. An open space extending across the entire width of the lot,between the rear line of the
lot and aline parallel to said rear lot line, and at a distance there from as specified in SCHEDULE II
for the zoning district in which the lot is located.
A.126. Yard, Side. An open,unobstructed space on the same lot with a building between the building and
the side line of the lot,and extending through from the front yard line to the rear yard line.
15
A.127. Zoninu_ Board of Appeals (ZBA). The official zoning board for the Town of Lansing established
pursuant to Section 267 of Town Law. (See Art.XII of this Ordinance).
S 1. Front Yard
,Access Strip ----- 4 f
T 5 _____ Line
R 4 Area for 2. Front Yard
Building: ; 3. Front Yard
E+ 1 2 ; Area for Building: i 7 2 , Flag Lot 7
Interior Lot
E 9 s � � Line
'-- 6 -------------------- '-----------' 4. Side Yard
T 4 s 4
5 5. Side Lot Line
'-or '' 7 6. Side Yard
R nnr4-- --- ------- i- -9'�
I Line
Area for ; 7. Rear Yard
S 4 4 , Building: i 4
G Area for Building: or or i ,
1 2 Corner Lot q 1 Interior 8. Rear Lot Line
H , 5 6 Lot 6 5
T 9. Rear Yard
' Line
---------- 3 - -------}-1
O 2
F 1 1
STREET RIGHT OF WAY
Footnotes: ®Denotes definition taken from Residential.Code of New York State
16
ARTICLE IV: LAND USE CONTROL AREAS
400.0 DISTRICTS
For the purposes specified in this Ordinance, the Town of Lansing is divided into eight (8) land use
control districts as following:
RA-Rural Agriculture
Ll -Lakeshore
Rl -Residential Low Density
R2 -Residential Moderate Density
R3 -Residential,Mixed-Use
B1 -Commercial,Mixed-Use
B2 -General Commercial
IR -Industrial/Research
All land in the Town of Lansing shall fall within one of the established 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.
401.0 DESCRIPTION OF DISTRICTS-INTENT
Land use control districts in the Town of Lansing have been established in furtherance of the Town's
Comprehensive Plan and for the purposes and intent described below.
401.1 Rural Agriculture(RA) District. The intent of the RA District is to designate areas where farming
and farm-related businesses are the predominant and desired land use activities. Some
nonagricultural development, largely low density housing, has occurred, is anticipated in the future,
and is appropriate. Measures to preserve the viability of farming activities are appropriate.
401.2 Lakeshore(L1)District. The intent of the Ll District is to designate areas that are adjacent or have
access to the shoreline of Cayuga Lake and are environmentally sensitive. Continued residential and
limited nonresidential developments are appropriate uses for such areas. Regulations and
development standards are aimed at minimizing environmental damage to natural resources,
preventing erosion and responding to potential problems related to steep slopes and inadequate water
and sewer services.
401.3 Residential Low Density (RI) District. The intent of the RI District is to designate areas where
agriculture has been the historic use of land, and which are now primarily residential. Such areas
often face environmental limitations and potential water supply and sewage disposal problems that
restrict the extent of development. Regulations and standards in the Rl District are intended to limit
density and, based on soil conditions and land accessibility, reduce the number of uses that are
considered suitable.
17
401.4 Residential Moderate Density R2 District. The intent of the R2 District is to designate areas
where the expected and desired use of land is a mixture of varied types of residential development at
a somewhat higher development density. Typically, such areas will have public water service
available but may encounter sewage disposal problems. Regulations and standards relate to the
efficient subdivision of land in anticipation of future public sewage disposal service and the creation
of an efficient pattern of roadways in accordance with the objectives of the Comprehensive Plan.
401.5 Residential Mixed Use Transitional R3 District
The intent of the R3 District is to designate areas where the use of the land will change from the
most traditional uses of the community to a more dense residential development depending on
introduction of water and sewerage. Regulations and standards in the R3 District are intended to
guide density and establish the criteria and conditions for development of the land driven by the
reality of land values.
401.6 Commercial Mixed Use I11 District. The intent of the B1 District is to designate areas where
development will be encouraged to occur in ways that can lead to an identifiable focal point for the
Town, a center of commerce and community activity and an efficient area for public utility and
transportation services. Relatively dense development and a mixture of land uses, including
residential, small scale retail commercial and office, specialty shops, personal services, light
industry, recreation and public space, are appropriate and desirable development characteristics of
the B 1 District. To achieve the harmonious and compatible use and development of land, it is
appropriate to consider each development proposal as it relates to the overall development plan of
the entire district, and particularly as it affects adjacent land uses and the safe movement of traffic.
Site planning concerns relate to the size and location of buildings,yards,the placement and design of
roads, the size and location of parking, landscaping, buffers, control of traffic access to primary
roads and such other elements as may be reasonably related to the health, safety and general welfare
of the Town.
401.7 Commercial General Business 112 District. The intent of the B2 District is to designate areas
where a range of retail, service and repair businesses, commercial and storage activities, light
industry and similar land use activities that may not be compatible with objectives of the B1
Business District are permitted and would be appropriate. The location of B2 Districts, generally at
key intersections or in limited areas along major highways, can affect important visual impressions
of Town character. Regulations and development standards are aimed at accommodating a variety
and mixture of commercial/industrial activities while improving land use efficiency, traffic safety
and environmental quality,particularly adjacent to existing residential areas.
401.8 Industrial-Research OR} District. The intent of the IR District is to designate areas where some
form of light manufacturing, fabrication, assembly or research,mining and power generation/utilities
are appropriate and desired land uses. These areas will become small employment centers that could
contain a variety of land use activities. To achieve the type of development that will be compatible
with the surroundings, it is appropriate to consider each proposal individually. Site planning
concerns relate to accessibility,impact on nearby neighborhoods,parking and safe traffic movement,
landscaping, buffers, environmental factors, lighting, size, location and such other elements as may
be reasonably related to health, safety,property value and the general welfare of the Town.
18
402.0 DETERMINATION OF BOUNDARIES
In determining boundaries of land use control districts, one or more of the following guidelines shall
be used, as appropriate:
402.1 Boundary lines are intended to follow center lines of streams, streets and road lines as shown on
plots of record at the time this Ordinance becomes effective.
402.2 Where the map indicates a boundary approximately upon a lot line, such lot line shall be construed to
be said boundary.
402.3 Where boundaries are shown approximately parallel to a street, highway, railroad or lakeshore such
boundaries shall be construed to be parallel to the center line of said street, highway, or railroad or
parallel to said lakeshore, and at such distance therefrom as indicated on the map. If no dimension is
given on the map,the boundary shall be determined by use of the graphic scale on said map.
19
ARTICLE V: DISTRICT REGULATIONS AND SCHEDULES
500.0 SCHEDULE OF REGULATIONS
Regulations and controls relating to land uses or activities in the Town of Lansing are set forth in
SCHEDULE I (Sec. 503.).. Regulations relating.to lot size, yards, building height, coverage and so
forth are set forth in SCHEDULE II (Sec. 504.). Said SHEDULES I and II are hereby adopted and,
with all explanatory matter thereon, or related thereto, are hereby made part of this Ordinance and
included herewith.
501.0 EXCLUDED USES OR ACTIVITIES
Any land use or activity not set forth in SCHEDULE I is not permitted in the Town of Lansing
unless included in the SCHEDULE by an amendment to this Ordinance in accordance with Art. XIII
hereof.
502.0 SITE PLAN REVIEW
When SCHEDULE I specifies that site plan review is required for a land use or activity, a building
permit will be issued for such land use activity only after a final site plan has been approved in
accordance with the appropriate provisions of Art.VII of this Ordinance.
503.0 SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES
(Following)
504.0 SCHEDULE II: AREA,FRONTAGE, YARD, HEIGHT AND COVERAGE
REQUIREMENTS
(Following Schedule I)
20
f f
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of Right
SC = Special Conditions Apply i z
(see Sec.802) ,-Zn
SP = Special Use Permit
Required (see Sec. 803) W p F"z z 1-�14 � Uw'� U
N = Not Permitted a U � W A WA W W A C
* = Site Plan Review A A A W W
Required (see Sec.701) W p P4 a W�W O O W A W
� a as a U UCH -,P4
LAND USE OR ACTIVITY RA L1 Rl R2 R3 B1 B2 IR
A. RESIDENTIAL USES
SC* SC*
1. Dwelling, one-family P P P P P 802.1 802.1 N
2. Dwelling, two-family P P P P P SC* C*802.1 N
I . Dwelling, conversion of SC Sc Sc Sc c
existHe ag iuntmot three or four 802 1 802 1 802 1 1 802 1 2 1 P N
we mg, Multi-Family
inclu in SScc
a s tments and 802.29 N Nj 1 N 8 .2 1 N
condominium
5. Dwelling, townhouse 02 1 N N21 NZ 1 021 N
SP*
6. Retirement housing P P 802.1 802.1 802.1 802.1 803.2. N
1
7. Congregate housin SC* SC* SP*
g P N N 803.2. P N
g 802.1 802.1 1
Defimt Share housing (see p p p p P N N P
9. Mother-in-Law/ SP Sp SP SP SP SP
SP SP 802.3
Accessory 802.39 802.39 802.39 802.39 802.39 802.39 802.39 9
21
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
F1 ...i.
2 3 4 5 6 7 8
I
P = Permitted as of Right
SC = Special Conditions Apply z i i z
(see Sec.802) I�>4 � q � � ��
SP = Special Use Permit U U W x
Required (see Sec. 803) a O F'z Z E� p; U
N = Not Permitted W A A �-�+ W A d
* = Site Plan Review A� � AO AW W Q�
un �z
Required (see Sec.701) �C7 wO W O OW w
U UL7 Zx
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 B2 IR
Sc* S * Sc*
10. Dwelling, ECHO housing p 802.2 Sc* Sc* SC* 802.2 SC* 802.2
(see Definitions) 8 802.28 802.28 802.28 8 802.28 8
11. Dwelling, Home SC* 1 Sc* 1
(Mobile Home) P 802.2 N N 802.2 N N N
12. Mobile home park (see
Mobile Home Park 802*
3 N N N N N N N
Ordinance)
SP* SP* SP* SP* SP* SP*
13. Cluster development 803.2. 803.2. 803.2. N N
803.2.1 803.2.1 1 1 1 803.2.1
14. Cabin or cottage for
Seasonal P P N N P N N N
15. Accessory use related to p p p p p p p P
residential development
16.. Mixe p N N N N sc* * N
reside�net��11commercial 802.1 81S.1
o ment
B. COMMUNITY USES.
1. Government building; SC* I Sc* SC* Sc* SC* SC* Sc* N
public 802.1 802.1 802.1 802.1 802.1 802.1 802.1
school
SC* SC* SC* Sc* Sc* SC*SP* Sc* N
2. Church, place of public 802.4 802.4 802.4 802.4 802.4 803.2.1 802.4
22
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of RightCIO r�i)
SC = Special Conditions Apply i i W i i i W
(see Sec.802)
SP = Special Use Permit fi] H
Required (see Sec. 803) a wp z z Z z a W 04,E V
N = Not Permitted U Wq A qW W A q �
Site Plan Review q 0-4W W q W
Required (see Sec.701) `W!' p OW z�WW'
U2 U0 Z,
LAND USE OR ACTIVITY RA L1 Rl R2 R3 B1 B2 IR
worship and related facility &
802.4
SC* SC* SC* SC* SC* N N N
3. Community residence 802.1 802.1 802.1 802.1 802.1
4. Playground, park, p p p p p p p p
noncommercial
5. Public or private club SP SP SP SP Sp* SP*
p 803.2. N
except rod and gun 803.1 803.1 803.1 803.1 803.2.1 1
SP N N N N N N N
6. Rod and gun club 803.1
7. Cemetery SC* N N N N N N N
802.7
8. Youth center, library, SP* SP* SP* SC* SC*
muse m,
t�ieater and similar quasi- P N 803.2. 803.2. 803.2. N
public 802.1 802.1
use 1 1 1
C. BUSINESS USES
1. Farming - crops P P P P P N N P
2. Farming - dairy p N N N P N N P
3. Farming - poultry P N N N SC N N P
23
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of Right Cn
co
SC = Special Conditions Apply
(see See.802)
SP = Special Use Permit Cn d� V pq x
Required (see Sec. 803) W O F-Z Z H 04 P4a ZV
N = Not Permitted U W A W W w Q �m V)
* = Site Plan Review A 2 A A W Z
Sec.701 � cn� W O -x QCn
Required (see ) A ww O W w O O W Z Ww
Pod a xS x v� UL7 �--rrx
LAND USE OR ACTIVITY RA L1 Rl R2 R3 B1 B2 IR
803.2.
2
SC
4. Farming - livestock P N N N 803.2. N N P
3
5. 4H/similar educational husbandry
programs(see Definitions) P P P P P N N P
6. Commercial plant nursery; Sc* Sc* N Sc* Sc* N Sc* Sc*
-reenhouse 802.8 802.8 802.8 802.8 802.8 802.8
7. Roadside stand 802.30 802.30 N N 802.30 N N N
Sc* * Sc* Sc* Sc* * Sc*
8. Bed and breakfast facility 802.17 802.17 SC 802.17 802.17 802.17 802.17 SC 802.17 N
9. Rooming house; tourist p N N N N Sc* Sc* P
home 1 802.1 1 802.1
10. Nursery school; day care P Sc* SC* Sc* Sc* Sc* Sc* N
facility 802.5 802.5 802.5 802.5 802.5 802.5
SP*
SP* 803.2.
11. Nursing home; hospital; Sc* Sc* SC* Sc* Sc* 803.2.1 1 N
health related clinic 802.6 802.6 802.6 802.6 802.6 & &
802.6
j 802.6
24
i
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of Right Q0
SC = Special Conditions Apply i w i i W
(see Sec.802) a
SP = Special Use Permit ,ate W F �W 2�z)
* Z Required (see Sec. 803) Z aW g LW� A�U
N = Not Permitted Z WWZ Wul H0W4WA WA
= Site Plan Review AAW0-4 �
Required (see Sec.701) CIO) W�oU W zOUO
59 LAND USE OR ACTIVITY RA L1 R1 R2 R3 TB1 B2 IR
12. Residential (home) business p SC* SC* SC* SC* N N N
or occupation 802.9 802.9 802.9 802.9
13. Funeral home SC* SC* SC* SC* SC* SC* SC* N
802.10 802.10 802.10 802.10 802.10 802.10 802.10
SC* SP SP* SP
14. Public stable 802.1 803.1 803.1 N 803.1 N N N
SP* SP* * SC*
15. Kennel; animal boarding P N N 803.2. 803.2. N SC 802.1
4 1 02.11 1
eepmg or raising o I SC SS * SS * SS
orses or. P 802.27 80Y27 X27 80 .27 N N N
orues
* SP* SP* SP* *
8002 SC*
SC
17. Veterinary hospital 2.1 & 802.12 N N 803.2. 803.2. 802.12 SC 802.1
5 5 803.2.5 2
18. Commercial recreation: SC* SC* SC* SP*
outdoors 802.13 N N N N 802.13 802.13 8012
19. Commercial recreation
SC* SC* N N SC* SC* SC* 8032
indoors 802.13 802.13 802.13 802.13 802.13 1
Sc*
20. Motel; hotel 02.14 N N N N 8SC Q2 14 802.14 802.1
4
SC* SC* N SP* N P P SC*
25
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
H �
P = Permitted as of Right
SC = Special Conditions Apply z i i z
(see Sec.802) a>" A a
SP = Special Use Permit W pq
Required (see Sec. 803) a O �'z z Q a-� U
N = Not Permitted W v W A A W W A �p
* = Site Plan Review �� Arj)� ri AO A �x �z AtW
Required (see Sec.701) �C7 O O OW
x¢ a �5 �a v� 80 z
LAND USE OR ACTIVITY RA Ll R1 R2 R3 1 B1 B2 FIR
21. Professional or business 802.1 802.6 803.2. 802.1
office (not in a home) 6
22. Bank; financial institution SC 1 N N N N P P P
802.
23. Retail sales, specialty: SC* SC
SC
antiques, crafts and similar 802.1 802.2 N N 802.26
P P N
independent facility
24. Retail sales, general: food,
clothing, furniture, floor
covering, hardware, Sc* N N N N Sc* SC* N
variety, lawn and garden 802.1 802.1 802.1
supply, pets and similar
oods and items, paint.
Retail sales: lurnuer ana SC* SC* *
-11er N N N 802.31 8 .31 N
N
building materials and Sc*
su Lies.
e at a es• in ustria or gg
agriculsturaf equipment Sc* N N N N 802 31 80Y31 N
and
su lies 802.1
27. Retail sales, services and Sc* Sc* Sc* SP*
storage; marine and water 802.1 802.1 N N N N 802.1 803.2.
oriented 1
28. Retail sales: mobile home, SC* Sc*
RV, snowmobile and 802.1 N N N N N 802.32
N
similar items r uirin
26
a
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of Right W
SC = Special Conditions Apply i i z i Z
(see Sec.802) v,
SP = Special Use Permit a
H U U� fax
Required (see Sec. 803) p E-'z z Z � a U
N Not Permitted aU W A Wq W w c
_ �
Site Plan Review (A Cz q A W:
W Q W Required (see Sec.701) � O O O W
rxd a a U UC7 z
LAND USE OR ACTIVITY RA L1 Rl R2 R3 B1 B2 IR
outdoor storage.
29. Restaurant or tavern(except SC* N N SP* N SC* SC* N
drive-thru) 802.15 803.26 802.15 802.15
30. Drive-Thru restaurant *802 1 N N N N SP* SC* SP*
803.1 802.33 803.1
31. Barber/beauty shop and
similar personal services P N N 802*
1 N P P N
(Not as a home business)
32. Photgopsyin and similar SC* N N N N SC* SC* N
grap is ery ces 802.1 802.1 802.1
SC* SC* SP*
33. Convenience (mini) mart 802 1 N N N N 802.34 802.1
N
34. "Mini" commercial SC* N N N N N SC* SC 1
warehouse for self- storage 802.16 802.16 6
SC* SP* SP*
35. Vehicular fuel and service N N N N N 803.2. 803.2.
(except body work) 802.1
7 7
GNew and used car sales, SC* 8 .18 8032.
a 802.18 rage service and repair 802.1 N N N N 801.2. 7
37. Car wash
* SC*
802.1 N N N N N 8021 N
38. S�le of }umbi , HVAC, SC* SC*
e ectnc supp s an N N N N P N
i ment 802.1 802.1
e(l�lotpas a home business)
27
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 g
H �
P = Permitted as of Right C W
SC = Special Conditions Apply i z i i z
(see See.802)
SP = Special Use Permit
Required (see Sec. 803) a O z z P4 U
N = Not Permitted W A A W A W
* = Site Plan Review A� AO AZ A�
Required (see Sec.701) �C7 �p O� OW
x¢ �5 U U0 z
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 B2 IR
Sc* SC*
39. Laundry (self service) 802.1 N N N N 802.1
P N
SP*
40. Sexually Oriented 803.2.1 N N N N N N N
Business 0
D. INDUSTRIAL
/RESEARCH
1. Warehouse, storage or SP*
wholesalingof *
* S
02.1 N N N N N 803.2. 802.1
nonagricultural goods or 1
materials
2. Printing and publishing Sc* N N N N Sc* SC* SC*
(not a home business) 802.1 802.35 802.1 802.1
3. Commercial assembly:
jewelry, leather, fabric, Sc* Sc* Sc*
scientific instruments and 802.1 N N N N 802.1 P 802.1
similar small items, (not a
home business)
4. Agricultural, industrial or
educational research, Sc* SP* SP* SC*
design and production of 802.1 N N N N 803.2. 803.2. 802.1
prototypes (Not as a home 1 1
business)
28
. f
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of Right
SC = Special Conditions Apply I i W z
(see See.802)
SP = Special Use Permit H A1.4
Required (see Sec. 803) a Va W IT, zd W
p W � �W U
N — Not Permitted z zW Wq xa
�a
U
= Site Plan Review A A q AW �q W
Required(see Sec.701) qC7 wwp w�w p OW qW�
rxd a rxa x U:� UC ZW
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 B2 IR
5. Use of accessory farm
buildings for sale of farm p N N N SC* N N N
commodities, light 802.38
fabrication or assembly
6. Commercial excavation: SC*
rock, sand, gravel, salt and 802.1 N N N N N N N
similar products 803.2.8
7. Natural resource SC
exploration (Not a P SC SC SC SC N SP 802.1
production facility) 802.19 802.19 802.19 802.19 803.1 g
SP*
2.18 SP*
8. Truck or motor freight 802.18 N N N N N N 803.2.
terminal
803.2.1 1
*
9. Vehicle body shop, not as SC* SC* 8 S03 C
part of new or used car 802.36 N N N N N 802.36 802.3
sales and service 6
sal'va ee tic a wreck j q ana SP* SP*
yard 803.2.1 N N N N N N
803.2.1
Jener process E 16
manu acturmg, as emR y SC* N N N N N7 SC* 1
I
29
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 g
N �
P = Permitted as of Right co W
SC = Special Conditions Apply W i 1 14
(see Sec.802) � �� � A � � �Un
SP = Special Use Permit ED �, N H� U
Required (see Sec. 803) F a O z f4 W U
N = Not Permitted U W A A W W A
* = Site Plan Review �� A O A O O A W
Required (see Sec.701) A C7 W O U U W7 z
�d W rxa
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 B2 IR
802.1 802.38
12. Scientific research Sc* N N N N Sc* SC* SC*
laboratory 802.1 802.37 802.37 802.1
E. UTILITY AND
MISCELLANEOUS
USES
SP SP SP SP SP SP SP SP
1. Planned development area 706.0 706.0 706.0 706.0 706.0 706.0 706.0 706.0
SC
SC SC SC SC SC SC SC 802.2
2. Sign/billboard 802.21 802.21 802.21 802.21 802.21 802.21 802.21
1
3. Public utility service and
distribution including gas,
electric, telephone, water
and sewer, TV cable, but P P P P P P P P
excluding substations,
storage yards and
transmission towers.
Sc*
4. Public utility substation, or Sc* Sc* SC* Sc* Sc* SP 802.22
802.2
storage yard 802.22 802.22 802.22 802.22 802.22 802.22 2
5. Electric or gas SC* SC* SC* SC* SC* Sc* SC* SC*
transmission lin8 802.22 802.2 802.22 802.22 802.22 1 802.2 1 802.22 802.2
30
y r
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF LANSING
1 2 3 4 5 6 7 8
P = Permitted as of Right
SC = Special Conditions Apply I i w
(see Sec.802)
SP = Special Use Permit
a § W �Required (see Sec. 803) F' H� �' F" E-GO U U� x
N = Not Permitted x Z W W Z W W W Q U
* aU WA A w WA `�' a ��
= Site Plan Review U A A A W A W W
Required (see Sec.701) �D �p
� VWw' O O W A mo Mw'
rxd a 9 c� U UC7
LAND USE OR ACTIVITY RA L1 Rl R2 R3 B1 B2 IR
2 2 2
SC* SC* SC* SC* SC*
6. Wind energy source 802.1 802.1 802.1 N 802.1 N N 802.1
7. Solar panel and similar
alternative domestic energy P P P P P P p p
source
8. Solid waste recycling or Sc* SC*
802.23 N N N N N N 802.2
transfer station 3
9. Solid waste landfill N N N N N N N N
10.. Communication tower
for the commercial or SC* Sc*
public sector reception or 802.24 N N N N N N 802.2
transmission of electronic 4
signals
SP*
11. Junkyard 803.2.1 N N N N N N N
12. Toxic waste disposal N N N N N N N N
31
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SECTION 504.1 FOOTNOTES FOR SCHEDULE H
Requirements shown in Schedule H are not necessarily consistent with the requirements
specified for those land use activities in Schedule I that have Special Conditions attached
(SC) or those that require a Special Use Permit (SP) or Site Plan Review. Where such
inconsistencies exist,the requirements of such Special Conditions, Special Use Permit,or
Site Plan Approval shall take precedence over the regulations set forth in this Schedule 11.
** Front yard setback measured from the right-of-way line of the road.
*** In the RA zone there is a 100 foot setback requirement for any apartment or
condominiums.
**** When the applicant is faced with limits arising from road configuration or natural
features, frontage may be reduced, on a case-by-case basis with a decision by the
appropriate board, but in no case less than the flag lot requirement of 20'. (i.e. cul-de-
sac, corner lot,flag lot).
Requirements of Schedule H are superseded by the following supplementary regulations, as
appropriate:
1. While required lot width frontage for multiple family dwelling units in areas served by
public sewers is a minimum of 75 feet,it does not have to be greater than 125 feet.
2. There is a minimum front yard setback of Thirty (30) feet from road right-of-way except
in conditions requiring site plan review in B 1 and B2. Warren Road,Triphammer Road,
34 and 34B have(50)feet set backs from road right-of-way.
3. For lots fronting on Cayuga Lake, front yards are facing the lake. For other lots, front
yards are facing the access road.
4. Tompkins County Health Department requirements shall be used to determine minimum
lot area and lot dimensions when on-site sewage disposal systems are used. Health
Department requirements may serve to increase minimum lot area but shall not decrease
minimum lot area below that listed in this Schedule II.
5. Flag lots, as defined in the appendix of this Ordinance, shall have a minimum width of
the access strip along the road of forty(40) feet in any area where municipal sewers exist
or are planned. Where there are no sewers and no planned sewers, a thirty(30) foot wide
access strip is permitted.
6. Lots with frontage on Cayuga Lake must follow D.E.C. and Health Department
regulations on distance from lake. Lots facing the lake. Any building closer than 30' to
the lake will require Site Plan Review.
7. Exceptions may be made with Health Department approval and for inside corner lots.
8. Common wall-no side yard setback is required on the sides where units share the
common wall.
9. See 701.4.13.
35
10. This density is applicable only in developments of three(3)acres or more.
11. Height limitations do not apply to any building used for agricultural purposes (Also see
605.2).
12. Structures less than 30' from shore line shall be subject to Site Plan Review.
13. Detached Storage Buildings less than 200 square feet in area, and less than 12' in height
may be a minimum of 10'from the side and rear lot line.
ARTICLE VI: GENERAL PROVISIONS
600.0 Except as hereinafter provided,the following general provisions shall apply to
land use and development in the Town of Lansing:
601.0 APPLICABILITY
601.1 No 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 in
conformance with all the regulations specified for the land use control district in
which said action occurs.
601.2 No 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 in SCHEDULE II of this
Ordinance. A pre-existing lot that does not meet the minimum requirements of
this Ordinance at the time it is enacted may be used for a permitted use.
601.3 Unless specified to the contrary elsewhere in this Ordinance,no yard or off-street
parking space provided around any building for the purpose of complying with
the provisions of this Ordinance shall be considered as providing a yard or off-
street parking space for any other building.
602.0 HEALTH DEPARTMENT JURISDICTION
Minimum lot sizes specified in this Ordinance shall be subject to approval and
modification by the Tompkins County Health Department to meet their
applicable regulations, and a copy of the Health Department approval shall be
filed with the Code Enforcement Officer prior to the beginning of any of the
following activities:
602.1 Construction of any new building or structures requiring a sewage disposal
system, or
602.2 Placement of a mobile home requiring a sewage disposal system, or
36
602.3 Alteration of, enlargement,or extension of an existing building(s), structure(s),or
mobile home(s) in such a way as to result in a change in the volume or
characteristics of the sewage therefrom.
603.0 FUTURE PUBLIC WATER OR SEWERS
In districts where public water or sewers are likely to be provided within 5 years
from the date a subdivision proposal is submitted, lot regulations for areas "with
public water or sewers available", as set forth in SCHEDULE II, will be
permitted in subdivision design when at least every other lot is left vacant until
municipal water or sewage disposal service is available and if the subdivider has
obtained Health Department approval for such delayed development proposal. In
such cases, building permits will be issued only for alternate lots until public
water or sewers have been made available.
604.0 TWO USES IN ONE STRUCTURE
If residential and nonresidential uses are to be located in one structure on a single
lot, the applicable lot area and frontage requirements for the residential use shall
apply and applicable yard setbacks,parking and sign requirements, and any other
conditions for the nonresidential use, shall also apply.
605.0 EXCEPTIONS
605.1 The provisions of this Ordinance shall not apply to fences or walls less than 6
feet high above the natural grade, except as specified in Sec. 606.0.,below,nor to
steps,unroofed porches or terraces or similar features.
605.2 The height limitations of this Ordinance shall not apply to church spires, cupolas,
chimneys, silos, water tanks, flag poles, monuments, skylights, mechanical
equipment, antennas, utility lines and similar features unless such features are
specifically included in SCHEDULE I of this Ordinance.
606.0 OBSTRUCTION OF VISION
For safety reasons, no structure, fence or planting over three (3) feet in height,
and no branches less than ten(10)feet from the ground,shall be permitted within
the vision triangle at road intersections. The vision triangle is an area formed by
the right-of-way lines of intersecting roads and a diagonal line connecting a point
located on each of the right-of way lines and located a distance of 25 feet from
their Intersection (see diagram, below). Any fence or planting that does not
conform to the requirements of this section and thereby results in an obstruction
to the vision of motorists shall be corrected within thirty (30) days from the date
a notice thereof has been sent to the property owner by the Code Enforcement
Officer.
37
R '
25' O
A SION
JL� GLE
ROAD
25'
607.0 LOT IN TWO DISTRICTS
When a lot is divided by a district boundary line the regulations and requirements
of either district may be extended for a distance of fifty (50) feet into the other
district,at the lot owner's discretion.
608.0 DRAINAGEWAYS
Natural drainage ways shall be preserved and shall be kept free of debris or other
obstructions to water flow. Where relocation of a natural drainage way cannot be
avoided it must be located in a way that will assure the unobstructed flow of
storm water.
609.0 GARBAGE AND JUNK
Lots shall be kept free from abandoned or inoperable vehicles,discarded building
material, appliances and furniture, and all forms of garbage and junk. (See
Definitions and Junk Storage Ordinance)
610.0 SE R RE UIREMENTS
No discretionary action required by this Ordinance, shall be taken until there has
been compliance with applicable provisions of 6NYCRR Part 6 (SEQR) and an
environmental determination of significance has been made by the lead agency.
38
S S
ARTICLE VII: SUPPLEMENTARY REGULATIONS
700.0 INTENT
The intent of this Article VII is to protect the public health, safety and general
welfare in the Town of Lansing,promote the other purposes of this Ordinance as
set forth in Article II, and promote the goals and objectives of the Comprehensive
Plan. Items already covered by existing Federal, State and Local laws are not
included below. This Article intends to:
700.1 Establish general standards designed to regulate performance and operation of
land use activities and minimize potentially negative impacts of such activities;
700.2 Set forth specific regulations and procedures for certain special land uses and
activities that could have potentially large impacts on their surroundings, and on
the value of adjacent property, and that require review and the application of
standards to minimize adverse impacts.
700.3 Establish specific design and development guidelines that can be applied to
development in the B 1 Commercial Mixed Use and B2 Commercial General
Business as a means of accomplishing objectives of the Comprehensive Plan for
these districts.
701.0 SITE PLAN REVIEW
701.1 Intent. The intent of this Sec. 701 is to provide for Planning Board review and
approval of site plans for certain uses in the Town of Lansing for one or more of
the following purposes:
701.1.1 Mitigating potentially negative impacts resulting from development of sensitive
areas including floodplains, steep slopes, the lake shore and lake escarpment,
airport approaches and other areas as may be designated.
701.1.2 Achieving an acceptable level of compatibility between new development and
existing uses of adjacent land, and mitigating potentially negative impacts of new
development on adjacent land and the surrounding neighborhood.
701.1.3 Conserving property value and visual quality in the Town as development occurs.
701.2 Applicability. The provisions of this Sec. 701 shall apply to any land use
activity that is indicated in SCHEDULE I of this Ordinance as requiring site plan
review and approval.
701.3 Land Use Activities Exempt from Site Plan Review. The following land uses
and activities are exempt from site plan review provisions of this Sec. 701 unless
such review is specifically required in SCHEDULE I of this Ordinance:
701.3.1 Any project, activity or action related to agriculture as defined in Article III of
this Ordinance. New construction of a one or two family dwelling unit, and
related accessory structures., as these terms are defined in Article III of this
Ordinance.
39
701.3.2 Normal maintenance or repair.
701.3.3 Uses and structures that are lawfully in existence as of the date this Ordinance
becomes effective.
701.4 Standards for Site Plan Review. In reviewing an application for approval of a
site plan, the Planning Board will be guided by the existing characteristics and
conditions of the site and its surroundings, by particular design objectives of the
applicant and by the quality and distinctiveness of the proposal. Unless waived
or otherwise modified by Planning Board resolution as specified below, each site
plan for a proposed land use activity shall conform to the general standards listed
in this Section 701.4, as applicable, and to any other requirements specifically
related to a particular site, as may be identified and described in writing by the
Planning Board.
701.4.1 Storm..Water Drainage. A storm water drainage plan shall be provided. Natural
drainage ways shall be used to the fullest practicable extent. The amount of
storm water draining onto or across adjacent properties shall not be increased.
Any activity disturbing more than one(1) acre of land shall be required to obtain
a SPDES Storm Water Phase H Construction Permit from the New York State
Department of Environmental Conservation.
701.4.2 Erosion Control. Developments on soils which may erode, or on slopes greater
than ten(10)percent, shall include a sediment and erosion control plan designed
to minimize erosion during construction and after construction has been
completed.
701.4.3 Off-street Parkin(I. Parking areas, if any, shall be adequate in terms of area, safe
access thereto and surface water drainage. The Planning Board shall be satisfied
that an adequate amount of off-street parking will be provided. (See Section IX)
701.4.4 Water and Sewer Facilities. The type and design of any water supply and sewage
disposal system shall be approved by appropriate jurisdictions.
701.4.5 Drivewatiss. Access and egress driveways shall be clearly defined and no more
than 35 feet wide unless otherwise permitted by the NYSDOT,Tompkins County
or the Town of Lansing.
701.4.6 Site Lighting. All lighting to be used on a building or site shall be installed so as
to prevent glare on adjacent properties and roads.
701.4.7 Off-site Imrzacts. Potential off-site impacts such as noise, odor and vibration
shall be identified and proposed measures to mitigate adverse impacts on
adjacent property and the surrounding neighborhood shall be submitted.
701.4.8 Additional Information. When the Planning Board determines by resolution that
special conditions exist that could adversely affect the proposed development, or
negatively affect adjacent land or the surrounding neighborhood, additional
information and considerations may be required as part of the site plan review
process.
40
1
701.4.9 Trees-Shrubs. Adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise-deterring buffer between the
proposed use and adjoining uses or properties.
701.4.10 Existing Tree-Shrubs. When appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
701.4.11 Roads.-Walks Roads, pedestrian walks, and open space when applicable be
designed as integral parts of an overall site design,be properly related to existing
and proposed buildings, and be appropriately landscaped.
701.4.12 Other Regulations. All other applicable State, County and local laws, ordinances
and regulations shall be complied with.
701.4.13 Hei�lit.._Limitations for commercial, multi-family and residential unit uses may
be varied.
701.5 Site Plan Review Procedure
701.5.1 Application. Each application for Site Plan Review and approval shall be made
on forms provided by the Code Enforcement Officer. Such application shall be
submitted to the Planning Board by the Code Enforcement Officer.
701.5.2 Site Plan Requirements. Each application for Site Plan Review shall be
accompanied by a site plan of the proposed land use activity drawn to a scale of
one inch equals 100 feet (another scale may be approved by the Code
Enforcement Officer). Such application and site plan shall contain the following
information,as appropriate:
a. Name and address of the landowner of record and the applicant,if not the
same. Scale of the drawing(s),north arrow,and date.
b. An identification map showing the location and orientation of the
proposed development relative to the local road system. A tax map or
USGS map is adequate for this purpose.
C. Location of the site in relation to abutting properties and roads. Show
existing property lines,right-of-way, easements and the names of current
owners of adjacent property and property on the opposite side of the road
serving the site. County tax records can be used for this purpose.
d. Gross acreage of the parcel to be developed.
e. Existing building and land uses on the site and on adjacent properties.
f. Proposed buildings and land uses, off-street parking areas, access and
egress drives,buffer strips or screening,and any new roads to be built.
g. The location of any floodplain designated by the National Flood
Insurance Program.
41
h. The location of any areas either recognized or designated by the Town of
Lansing Planning Board as Unique Natural Areas as may be set forth in
the Tompkins County Inventory of Unique Natural Areas.
i. Indication of existing and proposed topography and drainage systems for
the site when this is a consideration.
j. Proposed storm water drainage from the site.Natural drainage ways shall
be maintained whenever possible or replaced.
k. Proposed water source and sewage disposal system.
1. The location,size and type of any proposed site lighting and signs.
M. A landscaping plan,if any.
n. Brief statement describing the project and the type of exterior building
material to be used.
o. The Planning Board's statement may include recommendations of
modifications to be incorporated into the final site plan, and conformance
with said modifications shall be considered a condition of approval. If
the preliminary site plan is disapproved, the Planning Boards' statement
shall contain the reasons for such findings. In such a case, the Planning
Board may recommend further study of the site plan and resubmission.
Any of the above site plan application requirements may, on the applicant's
request, be waived by the Planning Board if circumstances warrant. The
Planning Board may also request the applicant to submit additional information
when this is necessary to make an informed judgment about the proposal. Such
additional information, and the need for it,shall be agreed to by the applicant.
701.6 APPROVAL PROCEDURE
701.6.1 SEOR. The Planning Board shall make a determination on the environmental
impact of the proposed development in compliance with the provisions of 6
NYCRR Part 617(SEQR),as appropriate.
701.6.2 Hearing. Before a decision is made on an application for site plan approval, the
Planning Board may hold a public hearing on such application. The hearing may
be held within thirty(30)days from the date a completed application is submitted
to the Code Enforcement Officer and an environmental determination of
significance has been made.
701.6.3 Decision. Within 45 days from the date of the hearing, or from the date of
application if no hearing is held, a decision to approve, with or without
modification or conditions, or disapprove the application shall be made by the
Planning Board. Such 45-day period will be extended if the environmental
review process has not been completed and/or may also be extended by mutual
consent of the applicant and the Planning Board.
42
1
701.6.4 Changes. Any current or future change to an approved site plan must be
reviewed and approved by the Planning Board. Failure to comply will result in
loss of permitted use.
701.7 Referral to Tompkins Counter Planning Department MU 2391
Before taking action on certain site plan applications they must be submitted by
the Planning Board to the County Planning Department in accordance with Sec.
239-m of the General Municipal Law.
701.8 Building Permit
When an application for review of a site plan has been approved in accordance
with the provisions of this Sec. 701, a building permit, if required, shall be
obtained from the Code Enforcement Officer within a reasonable period of time.
Compliance with other applicable State, County and local agencies is required.
All required modifications or conditions established as a result of the site plan
review process shall be conditions of the building permit.
702.0 FLOODPLAINS
702.1 Location. Floodplain areas are so designated on National Flood Insurance maps.
702.2 Conditions. No structure, facility or land fill shall be erected or placed that
would impede or change the direction of the flow of water in the floodplain area,
or that could collect or catch floating debris, or be placed in such a way that the
natural force of floodwater could carry dislodged material downstream to damage
public and private property.
703.0 WETLANDS
Notwithstanding any other provisions of this Ordinance, and particularly
SCHEDULE I, to the contrary, construction or any other development on any
land in the Town of Lansing designated as a wetland pursuant to Article 24 of the
State Environmental Conservation Law, shall be in accordance with the
provisions of the said Art. 24. In addition,construction or any other development
shall be in compliance with wetland requirements in the Clean Water Act and all
requirements of the U.S. Army Corps of Engineers and the U.S. Environmental
Protection Agency.
704.0 ROADS
704.1. The location of such road has been approved by the Planning Board either as part
of the subdivision approval process or as part of the site plan review process.
704.2 Specifications of the new road shall be determined by current Town Law.
705.0 AIRPORT HAZARD AREA
43
Notwithstanding other provisions of this Ordinance, and particularly
SCHEDULE II,to the contrary,no lot shall be less than one(1)acre in area,with
a minimum of 200 feet of frontage, and no dwelling, school, nursing home or
place of public assembly shall be permitted within the "Land Use Restriction
Area"as this may be shown on the Land Use Control Map. In addition,before a
building permit is issued for any construction in the said"Land Use Restriction
Area," the Code Enforcement Officer shall inform the applicant in writing of
noise and hazard conditions that are possible in the flight path of the Ithaca-
Tompkins Regional Airport.
706.0 PLANNED DEVELOPMENT AREA PDA
706.1. Intent. The intent of this Sec. 706, is to introduce flexibility in conventional
land use and design regulations by applying performance criteria established to
encourage development in an imaginative and innovative manner while, through
the process of review, discussion and ordinance amendment, insuring efficient
investment in public improvements, a more suitable environment, and protection
of community interest.
This section is aimed primarily at achieving innovation in residential
development so that the demand for housing at all economic levels can be met by
greater variety in type, design and sitting of dwelling units, and so the
conservation and more effective use of limited land can be achieved. It is also
recognized that certain types of nonresidential development are beneficial to the
Town and would not contravene the objectives of the Comprehensive Plan if they
adhere to certain predetermined performance and design conditions. The
Planned Development technique is to be used to enable this nonresidential
development to occur even though such development may not be specifically
listed in SCHEDULE I of this Ordinance.
This section further recognizes that, while the standard land use control function
(land use and density) and the subdivision function (platting and design) are
generally appropriate for the regulation of the use of land in the Town, these
controls represent a type of pre-regulation,regulatory rigidity and uniformity that
may be adverse to the objectives of the Planned Development concept. Further,
this section recognizes that a rigid set of space requirements along with area 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 in SCHEDULES
I and II of this Ordinance are hereby replaced by an approval process in which an
approved Development Plan becomes the basis for continuing land use controls.
706.2 Obeectives of a Planned Development Area. To carry out the purpose of this
Sec. 706, a Planned Development Area shall achieve the following objectives:
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706.2.1 A maximum choice in the types of environment, types of housing, lot size and
community facilities available to existing and potential Town residents at all
economic levels.
706.2.2 More usable open space and recreation areas.
706.2.3 More convenience and flexibility in the location of any nonresidential land use
activities.
706.2.4 The preservation of trees, natural drainageways, geologic features and the
prevention of soil erosion.
706.2.5 An efficient use of land resulting in smaller networks of utilities and roads and
thereby lower housing and community costs.
706.2.6 A development pattern in harmony with the objectives of the Comprehensive
Plan and complimentary to the character of the surrounding area.
706.3 Preliminary Proi)osal/Feasibility Conference
706.3.1 Location. See SCHEDULE I
706.3.2 Permitted Land Use Activities. All residential land uses are permitted in a PDA
and any nonresidential land uses, or a mix of residential and nonresidential land
uses, will be permitted if the developer can demonstrate that such uses will
promote the objectives of the Comprehensive 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, safe
vehicular and pedestrian traffic movement, parking, maintenance costs,
landscaping, preservation of natural features and an improved living
environment.
706.3.3 An applicant wishing approval for a Planned Development Area shall submit a
request to the Planning Board, with a copy to the Town Board, in the form of a
Preliminary Proposal which shall include:
706.3.4 A sketch plan showing items specified in Sec. 701.5.2.
706.3.5 A narrative explanation of the character and purpose of the Planned Development
including the type and density of any development proposed, the water supply
and sewage disposal systems proposed, a general statement of proposed
financing and an indication of the expected timetable for development, and a
statement responding to 706.2 of this Ordinance.
706.3.6 A completed full environmental assessment form,Part 1. (SEQR, Sec.617.20
Appendix A).
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706.3.7 After such conference, if the applicant wishes to proceed with Planned
Development, a written Statement of Intent to Comply with the conditions and
specifications, as established, shall be submitted to the Planning Board. Within
five (5) business days of the submission of such written statement the applicant
shall notify landowners within 600 feet of the boundaries of the property that
PDA has been submitted for consideration to the Planning Board and the
documents are available for review in the Planning and Code Enforcement
Office.
706.4 Public Comment Period
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 and environmental assessment. If the Planning Board determines
that said proposal is in accordance with the general planning objectives for the
area and the objectives of this Sec. 706, the Planning Board and applicant shall
jointly consider the conditions and specifications under which the proposal may
be approved.
If agreement on preliminary conditions cannot be reached, the Planning Board
may, 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.
706.5 Approval of Statement of Intent to Cody
Upon receipt of the applicant's Statement of Intent to Comply with the
established conditions, the Planning Board shall, within 120 days, forward to the
Town Board its recommendation to conditionally approve or disapprove the
development subject to such conditions and to completion of the required
environmental review. During this 120 day period the Planning Board shall
review, such details regarding compliance with Sections 706 (PDA) and 701
(Site Plan Review), within the first 30 days of the review period a public
comment period will be held and include considerations of 701 Site Plan Review
and 706 PDA. Site Plan Review shall require:
706.5.1 A statement as to the effect of the proposed PDA on the objectives of the
Comprehensive Plan and the character of the neighborhood.
706.5.2 A statement identifying potential significant adverse impacts that should be
included in an environmental review.
706.5.3 A statement of the conditions and covenants that shall be followed by the
applicant in developing the proposed planned development.
706.5.4 The applicant's Statement of Intent to Comply with the required conditions.
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706.5.5 A recommendation on the amount and type of performance guarantee which the
developer should provide.
706.6 Conditional Approval of the Planned Development Area
706.6.1 Within forty-five(45)days after receipt of the Planning Board's recommendation
to conditionally approve or disapprove the proposed PDA, the Town Board shall
hold a public hearing on the proposal. Within thirty (30) days after such public
hearing the Town Board shall approve conditionally or disapprove the proposed
PDA.
706.6.2 Notwithstanding the time periods stated above, the Town Board shall not act on
the proposed PDA until all applicable provisions of 6 NYCRR Part 617 (SEQR)
have been complied with.
706.6.3 Conditional approval shall remain valid for a period of one (1) year, unless
extended by the Town Board, and shall be subject to acceptance of a Final
Development Plan by the Town.
706.7 Final Development Plan
Public Hearing
Upon receiving conditional approval by the Town Board the applicant shall
prepare a Final Development Plan for submission to the Planning Board. After a
review of the Final Development Plan has been completed by the Planning Board
and other Town and County technical personnel, as appropriate, a written
recommendation shall be filed by the Planning Board with the Town Board and
the Code Enforcement Officer. The Final Development Plan submitted to the
Planning Board shall include:
706.7.1 Drawings showing proposed land use activities, the location of all buildings and
on-site parking, the location, with dimension, orientation and bearings of lot
lines,roads and any areas to be conveyed, dedicated or reserved for parks or open
space, a landscaping and tree planting plan and a clear indication of the
appearance of proposed structures and materials to be used.
706.7.2 Written statements including any staging of construction being considered, a
timetable for beginning and completing construction of each stage, and a copy of
any deed restrictions or covenants to be incorporated in the development.
706.73 Any additional drawings, surveys or statements that may be requested by the
Planning Board in making its review. The need for, and purpose of, any such
request shall be explained in writing.
706.8 Town Board Action on a Final Development Plan
Within 45 days of receipt of a complete proposed Final Development Plan from
the applicant, the Town Board shall hold a duly advertised public hearing on the
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Final Development Plan. Within thirty (30) days after such hearing, the Town
Board shall act to approve, with or without conditions, or disapprove the Final
Development Plan.
706.9 Review
706.9.1 One (1) year from the.date of conditional approval by.the Town Board (Sec.
706.6 above) the proposed Planned Development shall be subject to review by
the Planning Board. If a Final Development Plan has not been submitted, or if a
Final Development Plan has been approved but reasonable progress has not been
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.
706.9.2 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 the proposed development is discontinued or
withdrawn at any time the conventional land use regulations applicable to the
area prior to approval of said Planned Development shall again be in effect and
the performance bond used to restore the land to acceptable condition including
but not limited to demolition and removal of incomplete or damaged structures.
706.10 Control of Planned Develo.ment
After Town Board conditional approval of a Final Development Plan for a PDA,
changes, extensions or modifications of said development may be made only
after they have been reviewed by the Planning Board and approved by the Town
Board.
707.10.1 Changes that affect significant elements of the PDA such as land use, size,
orientation, occupancy, or density of buildings shall require a new PDA
submission and approval.
706.11 Certificate of Occu anc
Upon completion of the Planned Development, or any stage of it, the Code
Enforcement Officer shall issue a Certificate of Occupancy in accordance with
Sec. 1101 of this Ordinance.
706.12 Subdivision of a Planned Development Area
The provisions of Sec. 706.10 above, governing changes in the Final
Development Plan will apply even if subdivision into independent lots has
occurred. Subsequent owners or lessees of a subdivided PDA may jointly or
separately make application under this Sec. 706, for an amendment to the Final
Development Plan.
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706.13 Site Plan Review in Subdivision Control
If part of a Planned Development involves the subdivision of land into smaller
parcels for sale to individual owners, the site plan review required by this Sec.
706. shall suffice for final plat review required by Town Subdivision Rules and
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
drawings. Final Site Plan approval by the Town Board under this Sec. 706 shall
constitute final approval under Town Subdivision Rules and Regulations and the
final plat shall be filed with the County Clerk in the manner prescribed in such
rules and regulations.
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ARTICLE VIII: SPECIAL CONDITIONS AND SPECIAL USE PERMITS
800.0 INTENT
The intent of this Article VIII is to set forth supplemental regulations,procedures
and conditions that shall apply to certain land use activities in the Town of
Lansing which, by reason of their distinctiveness, individual character, location
and potential effect on the surrounding neighborhood, warrant development
conditions or special review and evaluation on an individual basis so that the
purposes of this Ordinance will be achieved, and to assure such activities will not
adversely affect the neighborhood.
801.0 APPLICABILITY
No building permit shall be issued for any land use or activity listed in
SCHEDULE I of this Ordinance as having Special Conditions applicable thereto
(SC), or requiring a Special Use Permit(SP),until the Code Enforcement Officer
is satisfied that the conditions and other requirements set forth in this Article VIII
have been complied with or that a variance thereof has been duly granted.
802.0 SPECIAL CONDITIONS
The Code Enforcement Officer shall issue a building permit for the following
uses only when satisfied that applicable conditions specified in this Sec. 802.,
and all other applicable regulations, including those set forth in Sec. 701.0 if
applicable,have been met.
802.1 SITE PLAN REVIEW
ALL USES IN ANY DISTRICT FOR WHICH SITE PLAN REVIEW IS A
SPECIAL CONDITION,AS SPECIFIED IN SCHEDULE I.
Uses are permitted when site plan review has been obtained pursuant to Sec. 701
of this Ordinance, and all other applicable regulations have been complied with.
See text for each potential use see text under Sec. 802.
802.1.1 (Additional uses requiring site plan review as a special condition are listed in
following subsections of this Sec. 802)
802.2 DWELLING MOBILE HOME
Permitted when it can be shown that such mobile home complies with the current
NYS Uniform Fire Protection and Building Code.
802.3 MOBILE HOME PARK
Permitted when such parks are in compliance with Lansing Mobile Home Park
Regulations. (Ref. Addendum for mobile home).
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802.4 CHURCH,PLACE OF PUBLIC WORSHIP AND RELATED FACILITY
Permitted when:
a. Such use is registered with the State of New York.
802.5 NURSERY SCHOOL:DAY CARE FACILITY
Permitted when:
a. Applicable regulations of New York State can be complied with.
b. A site plan has been approved in accordance with applicable provisions
of Sec. 701.
802.6 NURSING HOME; HOSPITAL, HEALTH RELATED CLINIC, &
PROFESSIONAL OR BUSINESS OFFICE(NOT IN A HOME)
Permitted when:
a. A site plan has been approved in accordance with applicable provisions
of Sec. 701,including but not limited to buffer and landscaping concerns.
802.7 CEMETERY
a. Allowed only in RA
b. Town Board approval required.
802.8 COMMERCIAL PLANT NURSERY, GREENHOUSE
Permitted when:
a. A site plan has been approved in accordance with applicable provisions
of Sec. 701, including but not limited to buffer, access and parking, and
outflow of water runoff.
802.9 RESIDENTIAL_( OME)BUSINESS OR OCCUPATION
Permitted when:
a. The use is located in a dwelling inhabited by the business owner, or in a
building accessory to such dwelling,and on the same lot.
b. All activity related to the home business is conducted inside the dwelling
or accessory building.
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C. The need for off-street parking can be satisfied by no more than three
off-street parking spaces,in addition to those required for a residence.
d. The general appearance of the building and lot is compatible with the
surrounding residential neighborhood, except that a sign may be
provided in accordance with the Town Sign Ordinance.
e. The business is operated by its owner and not more than three persons
who do not live in the dwelling.
f. No offensive noise, odor, smoke, dust, heat, glare or electrical
disturbance is produced by the business.
802.10 FUNERAL HOME
Permitted when:
a. A site plan has been approved in accordance with applicable provisions
of Sec.701,including but not limited to buffer and landscaping concerns.
802.11 KENNEL, ANIMAL BOARDING
Permitted when:
a. Such facility is designed to accommodate small animals exclusively,
such as dogs and cats.
b. No outdoor runs are provided.
C. Such facility is designed and operated so that it does not produce noise or
odors that disturb adjoining property.
d. A site plan has been approved in accordance with applicable provision of
Sec. 701.
802.12 VETERINARY HOSPITAL
Permitted when:
a. There is no outdoor storage of refuse, feed or other materials and no on-
site incineration of refuse.
b. A site plan has been approved in accordance with applicable provisions
of Sec.701.
C. In B 1 and B2 Districts,there can be no open or outdoor boarding or
exercise facility.
802.13 COMMERCIAL RECREATION WHETHER OR NOT FOR PROFIT:
OUTDOOR OR INDOOR
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Permitted when:
a. A buffer strip is provided between such use and any existing abutting
residence or residence district.
b. Proposed traffic patterns shall be such that safe and clear access and
egress to off-street parking is provided.
C. Access driveways intersect public roads at approximately ninety degrees
and no driveway is located less than fifty (50) feet from the intersection
of two public road right-of-way lines unless otherwise permitted by State
or local law.
d. Landscaping is provided as needed per site plan review.
e. A site plan has been approved in accordance with applicable provisions
of Sec. 701,
802.14 MOTEL,HOTEL
Permitted when:
a. No building is located less than fifty (50) feet from the lot line of an
existing residence.
b. No off-street parking is located less than 10 feet from a front lot line or
10 feet from a side or rear lot line of an abutting existing residence or
business.
C. Access driveways intersect public roads at approximately ninety degrees
an no driveway is located less than fifty(50) feet from the intersection of
two public road right-of-way lines unless otherwise permitted by State or
local law.
d. Landscaping is provided along all public road frontage per site plan
review.
e. A site plan has been approved in accordance with applicable provisions.
802.15 RESTAURANT TAVERN EXCEPT DRIVE-THRU FAST FOOD
Permitted when:
a. There is no outside,exposed storage of garbage or waste material.
b. A site plan has been approved in accordance with applicable provisions
of Sec. 701 including but not limited to buffer and landscaping concerns.
802.16 "MINI" COMMERCIAL WAREHOUSE FOR SELF-STORAGE
Permitted when:
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a. A site plan has been approved in accordance with applicable provisions
of Sec.701,including but not limited to buffer and landscaping concerns.
802.17 BED AND BREAKFAST
Permitted when:
a. No building is located less than fifty (50) feet from the lot line of an
existing residence.
b. No off-street parking is located less than 10 feet from a front lot line,
side or rear lot line of an abutting existing residence or business.
C. Access driveways intersect public roads at approximately ninety degrees
and no driveway is located less than fifty (50) feet from the intersection
of two public road right-of-way lines unless otherwise permitted by State
or local law.
d. Landscaping is provided as needed per site plan review.
e. A site plan has been approved in accordance with applicable provisions
of Sec.701.
802.18 NEW AND USED CAR SALES, SERVICE AND REPAIR: TRUCK OR
MOTOR FREIGHT TERMINAL
Permitted when:
a. Access drives are clearly defined by curbs and no wider than 35 feet
except that a truck or motor freight terminal can have access drives up to
60 feet wide.
b. Landscaping is provided as needed.
C. A site plan has been approved in accordance with applicable provisions
of Sec. 701.
802.19 NATURAL RESOURCE EXPLORATION drillinst or excavation
Town Board approval required for any exploration that is to take place for longer
than thirty(30)business days.
802.20 VEHICLE WRECKING AND SALVAGE YARD
Permitted when:
a. A site plan has been approved in accordance with applicable provisions
of Sec. 701, including but not limited to buffer, landscaping, fencing and
drainage concerns.
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b. Town Board approval has been obtained.
802.21 SIGNS IN ALL DISTRICTS
Permitted when in compliance with the Town of Lansing Sign Ordinance.
802.22 PUBLIC UTILITY SUBSTATION OR STORAGE YARD: ELECTRIC OR
GAS TRANSMISSION LINE
Permitted when:
a. Town Board approval has been obtained.
b. A site plan has been approved in accordance with applicable provisions
of Sec. 701,including but not limited to buffer and landscaping concerns.
802.23 SOLID WASTE RECYCLING OR TRANSFER STATION
Permitted when:
a. A site plan has been approved in accordance with applicable provisions
of Sec. 701,including but not limited to buffer and landscaping concerns.
b. Town Board approval has been obtained.
802.24 COMMUNICATION TOWER FOR THE COMMERCIAL RECEPTION
OR TRANSMISSION OF ELECTRONIC SIGNALS
Permitted when: such activity or facility is in compliance with Town of Lansing
Cellular Tower Ordinance,which is incorporated herein by reference.
a. The Town Board is satisfied that the height of such tower, if greater than
fifty (50) feet, is essential to its effective operation and that multiple
tower structures can not provide coverage.
b. A location map is provided showing all residences within a 1,000 foot
radius of the proposed tower.
C. The applicant makes a performance guarantee, or similar provision, for
correction of any TV, radio or other electrical disturbances caused by the
tower's operation.
d. A site plan has been approved in accordance with applicable provisions
of Sec. 701,including but not limited to buffer and landscaping concerns.
e. The Town Board, as lead agency, has made a determination in
accordance with SEQR provisions.
f. Town Board approval has been obtained.
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802.25 JUNKYARD
Must be in compliance with the Town of Lansing Junk Storage Ordinance.
802.26 RETAIL SALES SPECIALTY: ANTI UES CRAFTS AND SIMILAR
INDEPENDENT FACILITY
Permitted when such activity is conducted in a dwelling which is occupied by its
owner or a building accessory to such owner-occupied dwelling.
802.27 KEEPING OR RAISING OF HORSES OR PONIES
Permitted when there are at least two acres of fenced pasture for each horse, one
acre of fenced pasture for each pony and one-half acre of fenced pasture for each
miniature pony.
802.28 DWELLING ECHO HOUSING
Permitted when:
a. The ECHO unit is designed for temporary installation and is to be
removed within sixty(60)days after the need for such unit has passed.
b. A site plan has been approved in accordance with applicable provisions
of Sec.701.
802.29 MULTI-FAMILY DWELLING
Permitted when:
a. Such dwellings have a minimum front yard setback of 100 feet.
b. A site plan has been approved in accordance with applicable provisions
of Sec. 701 including but not limited to buffer,and landscaping concerns.
802.30 ROADSIDE STAND
Permitted when:
a. A site plan has been approved in accordance with applicable provisions
of Sec.701,including but not limited to buffer and landscaping concerns.
802.31 RETAIL SALES: LUMBER AND OTHER BUILDING MATERIALS
AND SUPPLIES.
Permitted when:
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a. Landscaping is provided along public road frontage.
b. Lighting fixtures shall not cause glare on roadways or adjacent
properties.
C. In the B 1 District there is no outdoor storage of materials and supplies.
802.32 RETAIL SALES: MOBILE HOME RV SNOWMOBILE AND SIMILAR
ITEMS REOUHUNG OUTDOOR STORAGE.
Permitted when:
a. A landscaped area as per approved Site Plan at least 15 feet wide is
provided between any outside storage or display area and any property
line.
b. Any lighting used to illuminate outside display or storage area shall use
cut-off fixtures that do not cause glare on roadways or adjacent
properties.
C. A site plan has been approved in accordance with applicable provisions
of Sec. 701
802.33 DRIVE-THRU RESTAURANT
Permitted when:
a. Adequate stacking space is provided so that vehicles using the drive-thru
windows are not lining up on the road right-of-way.
b. A site plan has been approved in accordance with applicable provisions
of Sec. 701.
802.34 CONVENIENCE(MINI)MART
Permitted when:
a. There are no pumps or sales of gasoline or other motor vehicle fuel.
b. A site plan has been approved in accordance with applicable provisions
of Sec.701.
802.35 PRINTING AND PUBLISHING
Permitted when:
a. Such business has a total floor area no greater of 5,000 sq. ft.
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A
b. A site plan has been approved in accordance with appropriate provisions
of Sec. 701.
802.36 VEHICLE BODY SHOP.NOT AS PART OF NEW OR USED CAR SALES
AND SERVICE
Permitted when:
a. No vehicles awaiting repair shall be parked in any required front yard
area.
b. No outdoor storage of parts and/or materials to be discarded.
C. Any outside lighting shall use cut-off fixtures that do not cause glare on
roadways or adjacent properties.
d. A site plan has been approved in accordance with applicable provisions
of Sec. 701.
802.37 GENERAL PROCESSING,LIGHT MANUFACTURING ASSEMBLY
SCIENTIFIC RESEARCH LABORATORY
Permitted when:
a. There is no parking in"required"front, side or rear yards.
b. Such front, side or rear yards will be"landscaped".
C. A site plan has been prepared in accordance with applicable provisions
of Sec. 701.
802.38 USE OF ACCESSORY FARM BUILDINGS FOR SALE OF FARM
COMMODITIES. LIGHT FABRICATION.OR ASSEMBLY
Permitted when:
a. A site plan has been prepared in accordance with applicable provisions
of Sec.701.
802.39 MOTHER-IN-LAW/ACCESSORY APARTMENT
1. A Special Permit shall be required.
2. Maximum size—750 S.F.
3. The accessory apartment shall be limited to one bedroom
4. The house must be owner occupied
5. The appearance of single family home must be maintained.
6. Health Department approval must be obtained.
7. Adequate off street parking shall be provided.
8. The conversion shall meet or exceed all Building Codes including
required fire separations.
9. Barrier free design for persons with handicaps or limited mobility shall
be considered where feasible.
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803.0 SPECIAL USE PERMITS
803.1 GENERAL REQUIREMENTS
Authorization for any Special Use Permit shall be obtained from the Town
Board, or such other agency as may be specified in this Ordinance. Such
authorization shall be conditioned on provision of adequate safeguards to protect
the health, safety and general welfare of the public and to mitigate possible
detrimental effects on land value and on adjacent property. To this end,before a
Special Use Permit is authorized the Town Board shall determine, after a duly
advertised public hearing, whether the following general requirements will be
complied with, as well as any other applicable requirements for certain specific
land uses or activities as may be set forth in Sec. 803.2. of this Ordinance. To
authorize a Special Permit Town Board must find:
803.1.2 That the proposed land use or activity is to be located, constructed, and operated
so that the public health, safety and general welfare will be protected.
803.1.3 That the existence of the proposed land use or activity will not cause substantial
injury to the value of other property in the surrounding neighborhood.
803.1.4 That adequate landscaping and screening is to be provided.
803.1.5 That adequate off-street parking and loading is provided and the ingress and
egress are so designed as to cause minimum interference with traffic on abutting
roads.
803.1.6 That the proposed land use or activity will not result in excessive erosion and will
not increase the volume or velocity of surface water runoff onto abutting
properties.
803.1. 7 That any proposed water and/or sewage disposal system is determined by
appropriate jurisdictional authority to be adequate.
803.1.8 That vibration,glare,odor,heat or noise anticipated from the proposed use can
be mitigated.
803.2 SPECIFI_C REQUIREMENTS
In addition to the general requirements for a Special Use Permit, as set forth in
Sec. 803.1., above,the specific requirements for certain land uses or activities, as
set forth in this Sec. 803.2.,shall also be complied with.
803.2.1 SITE PLAN REVIEW
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The application for any use which requires a Special Use Permit, and for which
site plan review is required, as specified in Schedule I, shall be referred by the
Code Enforcement Officer to the Planning Board for review in accordance with
the provisions of Sec. 701. of this Ordinance. A Special Use Permit for such use
shall not be authorized by the Town Board until a recommendation from the
Planning Board has been made. If such Planning Board recommendation has not
been.made within thirty (30) calendar days from the date of referral of the
application,the Town Board may act without such recommendation.
803.2.2 FARMING—POULTRY
Permitted when:
a. All farming activity is completely enclosed within a building.
b. The Board of Health has approved the disposal of animal waste.
C. An odor absorbing air filtration system is used.
803.2.3 FARMING—LIVESTOCK
Permitted when:
a. The Board of Health has approved the disposal of animal waste.
b. There is no outdoor storage of refuse or feed.
C. Penning or feeding areas are located at least 200 feet from the property
line of an existing non-farm residence
803.2.4 KENNEL, ANIMAL BOARDING
Permitted when:
a. Such facility is designed so that outdoor pens and exercise runs, if any,
are located at least 100 feet from any property line.
b. Such facility is designed and operated so that is does not produce noise
or odors that disturb adjoining property.
C. A site plan has been approved in accordance with Sec. 803.2.1.
803.2.5 VETERINARY HOSPITAL
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Permitted when:
a. The facility is completely enclosed and there are no open or outdoor
boarding or exercise facilities.
b. There is no outdoor storage of refuse, feed or other materials and no
onsite incineration of refuse.
C. Such facility is designed and operated so that it does not produce noise or
odors that disturb adjoining property.
803.2.6 PROFESSIONAL OFFICE IN R2 DISTRICT PROFESSIONAL OR
BUSINESS OFFICE(NOT IN HOME);RESTAURANT. TAVERN
(EXCEPT DRIVE-THRU)
Permitted when:
a. Exterior and interior lighting arrangements produce no glare on adjacent
properties.
803.2.7 VEHICULAR FUEL AND SERVICE(EXCEPT BODY WORK • NEW
AND USED CAR SALES, SERVICE AND REPAIR
Permitted when:
a. Driveways and curb cuts are clearly defined.
803.2.8 COMMERCIAL EXCAVATION:ROCK, SAND, GRAVEL, SALT AND
SIMILAR PRODUCTS
Permitted when the provisions of the NYS Mine Land Reclamation Act are
complied with.
803.2.9 KEEPING OR RAISING OF HORSES OR PONIES
Permitted when there are at least two (2) acres of fenced pasture for each horse,
one acre of fenced pasture for each pony and one half acre of fenced pasture for
each miniature pony.
803.2.10 SEXUALLY ORIENTED BUSINESS; ESTABLISHMENT
Permitted when:
a. Such facility is in compliance with existing local ordinance on adult
entertainment which is incorporated herein by reference.
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803.3 PROCEDURE FOR SPECIAL USE PERMIT
803.3.1 Application. Application for a Special Use Permit shall be made to the Code
Enforcement Officer who shall refer it to the Planning Board for
recommendations to Town Board for a final decision.
803.3.2 Materials to be. Submitted. An application for a Special Use Permit shall be
accompanied by any written and graphic material which the applicant feels will
best support and illustrate the request. Additional information might be
requested by the Planning Board and/or Town Board in reaching its
determination. Information to be submitted for site plan review is specified in
Sec. 701.5.2 of this Ordinance.
803.3.3 Public Hearing Md Decision. The Town Board shall conduct a duly advertised
public hearing within 62 days from the day an application is received. The Town
Board shall decide upon the application within 62 days after the hearing has been
closed unless the time for decision is extended by mutual consent.
803.3.4 Referral to Counq Planning-_ Dc artment. If applicable, the application shall be
referred to the Tompkins County Planning Department in accordance with
Sections 239 -1 and m of the General Municipal Law.
803.3.5 SE R. The authorized board shall comply with the provisions of NYCRR Part
617, as appropriate. Time periods specified in other sections of this Article VIII
shall be adjusted as necessary to accommodate SEQR requirements.
803.4 Exniratio_n
Special Use Permits shall expire within 12 months from the date of issuance if
the proposed land use activity has not been substantially implemented, as
determined by the Town Board. One or more 12 month extensions may be
granted by the Town Board, if the Board fords there has been no change in the
relevant conditions and circumstances.
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ARTICLE IX: PARKING AND LOADING
900.0 INTENT
The intent of this Article IX is to assure that all non-farm land use activities in
the Town of Lansing be provided with sufficient and safe off-street motor vehicle
parking and loading space to adequately serve, and meet the needs of, persons
associated with such land use activities. The requirements of this Article do not
apply to agricultural land uses.
901.0 OFF-STREET PARKING REQUIREMENTS
901.1 Required Spaces
The minimum number of off-street parking spaces required for land uses or
activities permitted by this ordinance shall be as set forth in SCHEDULE III,
which is hereby adopted and made a part of this Ordinance.
901.2 Size and Access
Each required off-street parking space shall have a dimension of at least nine feet
by eighteen feet exclusive of passageways and driveways thereto. Each such
space shall have direct and useable access to a road, designed and located so as
not to require the backing of any vehicle into a road right-of-way, except that this
provision shall not apply to one and two family dwellings.
901.3 Parldng in Yards
Off-street parking space, open to the sky, may be located in any yard area
required by SCHEDULE III of this Ordinance except that:
901.3.1 No more than fifty percent (50%) of the area of any required front yard may be
used for parking.
901.3.2 No parking space may be located less than ten(10)feet from any property line of
an adjacent residential lot.
901.3.3 For non-residential land use activities, all front yard area not used for parking or
access shall be improved by grass,trees, shrubs or other forms of landscaping.
901.4 Screenine and Landscaping
In business and industrial districts, and for non-residential land uses in other
districts, off-street parking areas adjacent to an existing residence shall provide a
buffer strip designed to screen the parking area from such adjacent residence.
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901.5 Parldne Area Li htin
If an off-street parking area is to be lighted, such illumination shall be designed
using cut-off fixtures, or equivalent, installed so that light does not create glare
onto adjacent residential properties or onto any adjacent roadway.
902.0 OFF-STREET LOADING REQUIREMENTS
902.1 Location and Size
All required off-street loading berths shall be located on the same lot as the land
use activity to be served, shall not be located in any front yard area and shall be
at least 12 feet in width and 35 feet in length.
902.2 Space Requirements
Areas for off-street loading shall only be required in commercial and industrial
districts and only when necessary to provide adequate service. Unless modified
by the Zoning Board of Appeals, one loading space shall be provided for each
15,000 sq. ft. of floor area or major fraction thereof.
903.0 CONFLICT WITH OTHER REGULATIONS
If off-street parking and loading requirements, as may be set forth in Sec. 802
(Special Conditions) or Sec. 803 (Special Use Permits) or as a result of site plan
review (Sec. 701), conflict with the requirements of SCHEDULE III, the Special
Conditions or Special Use Permits or site plan review requirements shall take
precedence over said SCHEDULE III.
904.0 VARIANCE
In case of practical difficulty or unusual conditions arising out of the parking and
loading requirements of this Article, such requirements may be modified or
waived through an application to the Zoning Board of Appeals for an area
variance in accordance with the provisions of Section 1200 of this Ordinance.
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SCHEDULE III: MINIMUM OFF-STREET PARKING REQUIREMENTS,
TOWN OF LANSING
Land Use or Activity Space
Requirements'
1. One and two family dwelling: for each unit. . . . . . . . . . . . . . . . . . . . . . . 2.00
2. All other dwelling unit types: for each unit. . . . . . . . . . . . . . . . . . . . . . . 1.50
3. Housing for the elderly: for each 3 dwelling unit. . . . . . . . . . . . . . . . . . 1.50
4. Bed and Breakfast: for each sleeping room let for profit. . . . . . . . . . . . . 1.00
5. Home business(occupation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
Plus: as required for residence
6. Hotel or motel: for each rentable room or suite. . . . . . . . . . . . . . . . . . . . 1.25
Plus: for each 100 sq. ft.in any conference,
banquet or restaurant area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
(Or as may be required by local fire codes)
7. Restaurant,tavern, social club, or similar use:
a. With bar: for each 100 sq. ft. gross floor area. . . . . . . . . . . . . . . 2.00
b. No bar: for each 100 sq. ft.gross floor area. . . . . . . . . . . . . . . . . 1.00
(Or as may be required by local fire codes)
8. General retail sales,office and personal services in
detached buildings: for each 250 sq. ft. gross floor area. . . . . . . . . . . . . 1.00
Plus: for each dwelling unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
9. Furniture or appliance sales and service as primary
use: for each 500 sq.ft. of gross floor area. . . . . . . . . . . . . . . . . . . . . . . 1.00
10. Shopping center or concentration of attached retail stores,
offices and personal services: for each 200 sq.ft. of
gross lease able floor area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
11. Nursery school or pre-school day care: for each person
onstaff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.25
1 When calculations indicate that a partial space is required,a full space shall be provided.
Example: a general retail sales facility with 4,350 sq. ft. of gross floor area would require
17.4. spaces(4,350 divided by 250). 18 spaces should be provided.
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Land Use or Activit► Snace
Requirements'
12. Church,auditorium or place of public assembly: for
each eight seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
13. Medical related office or clinic: for each 50 sq. ft. of
gross floor area in any waiting or reception area. . . . . . . . . . . . . . . . . . . 1.50
Plus: for each examination or treatment room. . . . . . . . . . . . . . . . . . . . 1.25
14. Health and fitness center,bowling alley,skating rink,
tennis court and similar indoor recreation facility:
for each three occupants based on maximum design
capacity as determined by applicable fire codes . . . . . . . . . . . . . . . . . . . 1.00
15. Miniature golf,driving range and similar outdoor
recreation activity: minimum for each activity. . . . . . . . . . . . . . ... . . . 10.00
16. Private club,lodge or similar use: for each five
seats based on maximum design capacity of the largest
meeting room,as determined by the fire code . . . . . . . . . . . . . . . . . . . . 1.00
17. Research office,laboratory and similar use: for
each 200 sq. ft. of gross floor area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
18. Wholesale,warehouse, storage and similar low
person-intensive use: for each 1,000 sq. ft. of gross
floor area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50
19. Manufacturing, fabricating, testing, assembling,repairing
or serving facility: for each 1,000 sq. ft. of gross floor
area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
20. All other businesses and commercial uses: for each
250 sq. ft. of gross floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
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ARTICLE X: NONCONFORMING USES
1000.0 INTENT
The intent of this Article X is to provide for the use of land, buildings and lots
that do not comply with the regulation of this Ordinance and to set forth the
circumstances and conditions under which such nonconformity may be
continued.
1001.0 CONTINUANCE
Except as otherwise provided in this Article X, the lawful nonconforming use of
any land, building or lot existing at the date of adoption or amendment of this
Ordinance may be continued even though such use, building or lot does not
conform to the regulations specified for the zoning district in which such land,
building or lot is located. Unless set forth to the contrary elsewhere in this
Ordinance:
1001.1 The nonconforming use of land may not be expanded or extended so as to occupy
a greater area of land unless a variance therefore has been granted.
1001.2 The footprint of a nonconforming building may be enlarged, extended or
increased if the lot area, width and yard requirements set forth in SCHEDULE II
can be met or an area variance has been granted.
1001.3 A nonconforming lot shall not be reduced in area or dimension through
subdivision so as to increase the amount of nonconformity.
1002.0 PERMISSION TO ALTER OR ENLARGE
Notwithstanding the provisions of Sec. 1001 to the contrary,the Zoning Board of
Appeals may, upon written request for a variance, permit the expansion,
extension, enlargement, replacement of, movement of, or addition to a
nonconforming use or building,in accordance with the criteria specified in Town
Law Section 267-b.
1003.0 CHANGES
A nonconforming use may be changed to another nonconforming use only by
variance granted by the Zoning Board of Appeals in accordance with criteria
specified in Sec.267-b of Town Law.
1004.0 RESTORATION AND REPAIR
A nonconforming building, or part thereof, that is damaged or destroyed may be
restored to a safe and sanitary condition. Any damaged nonconforming land or
building that is determined to be unsafe or a hazard to public health or safety
shall be subject to all other regulations of the Town related to unsafe buildings.
1005.0 TRANSFERENCE
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Nonconfoming use rights remain with the land when title is transferred, subject
to the provisions of this Article X.
1006.0 REVERSION
No nonconforming use of land or a building shall, if once changed to a
conforming use, be changed back.to the previous or a new nonconforming use
unless a use variance therefore has been granted by the Zoning Board of Appeals.
1007.0 ABANDONMENT OR DISCONTINUANCE
Except for agricultural uses which are exempt from the provisions of this section,
abandonment or discontinuance of any nonconforming use for a period of twelve
months or more shall terminate such nonconforming use of the structure or
premises. Any subsequent use of such building or premises shall be in
conformance with the provisions of this Ordinance. The date of abandonment or
discontinuance shall be determined by the Code Enforcement Officer. Extension
of the termination date for an additional six (6) months may be granted by the
Zoning Board of Appeals if a written request is made by the property owner.
1008.0 DISTRICT CHANGES
When the boundaries of a district are changed so as to transfer an area from one
district to another district of a different classification,the foregoing provisions of
this Article X shall also apply to any nonconformity existing therein or created
thereby.
1009.0 PREVIOUSLY PREPARED PLANS
Nothing in this Ordinance shall require any change in plans, construction or
designated use of a building for which a building permit has been issued prior to
the adoption of this Ordinance.
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ARTICLE XI: ADMINISTRATION (Enforcement)
1100.0 ENFORCEMENT
1100.1 Enforcement Officer
This Ordinance shall be enforced by the Code Enforcement Officer (CEO) who
shall be appointed by, and serve at the pleasure of, the Town Board. The CEO
shall have the power to make inspections of buildings or premises as necessary to
carry out the enforcement duties of this Ordinance.
1100.2 Buildinz;Permit
No building shall be erected, moved, enlarged or structurally altered, and no
excavation for any building shall be begun, and no land shall be used for any
activity covered by this Ordinance unless a building permit has been issued by
the Code Enforcement Officer. Notwithstanding the above, no such building
permit shall be required 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 100 sq. ft. or
less,unless such permit is required by the State of New York.
1100.3 Application
Application for a building permit shall be made to the Code Enforcement Officer
and such permit may be issued after a review of the work proposed. Where the
proposed construction, alteration or use of a building or land does not comply
with the provisions of this Ordinance, no building permit shall be issued except
on written order of the Zoning Board of Appeals, the Town Board or the
Planning Board,as determined by applicable sections of this Ordinance.
1100.4 Revocation
The Code Enforcement Officer may revoke a building permit if it has been found
that there is a significant deviation from the plans upon which such permit was
issued,as it falls within the scope of this Ordinance.
1101.0 CERTIFICATE OF OCCUPANCY
Upon completion of any building for which a building permit is required, and
prior to occupancy thereof, the Code Enforcement Officer shall inspect the
building for compliance with this Ordinance and other applicable laws and
regulation. If, in the best judgment of the CEO, the building meets all applicable
regulations and specifications, a Certificate of Occupancy shall be issued and the
building may be occupied. If the building or land use is in violation of this
Ordinance the law shall be enforced as stated in Article XIV of this Ordinance.
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1102.0 HEALTH DEPARTMENT RE 1MEMENTS
No building permit or Certificate of Occupancy issued under the terms of this
Article XI shall become or remain valid unless the holder thereof has complied
with applicable rules and regulations of the Tompkins County Health Department
Sanitary Ordinance.
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ARTICLE XII:APPEALS
1200.0 ZONING BOARD OF APPEALS
There is hereby established a Zoning Board of Appeals which shall function in
the manner prescribed by the sections of Town Law of the State of New York as
they relate to the Zoning Board of Appeals.
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ARTICLE XIH: AMENDMENTS
1300.0 AUTHORITY
The Town Board may, on its own motion, or on petition from the public or on
recommendation of the Planning Board,amend, supplement,change or repeal the
regulations and provisions of this Ordinance after legal notice and public hearing
as specified in this Article.
1301.0 REFERRALS
1301.1 Referral to Town Planning Board. Each proposed amendment, if initiated by an
agency or source other than the Town Planning Board, shall be referred to said
Town Planning Board for review and recommendation thereon before the public
hearing hereinafter provided for.
1301.2 Referral to Cognty Planning Dgpartment, Before taking final action on certain
proposed amendments to this Ordinance, the Town Board shall refer such
amendments to the Tompkins County Planning Department for a report thereon
pursuant to Sections 239-1 and m of Article 12-B of General Municipal Law.
1302.0 PUBLIC HEARING
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 by publishing a notice of time
and place at least ten(10)days in advance of such hearing in the official paper of
the Town.
1303.0 PROTEST
In case of protest against such proposed change or amendment signed by the
owners of twenty (20) percent or more of the area of land included in such
proposed change or amendment, or by twenty (20) percent or more of all land
owners within 100 feet from the boundaries of the area of land to be included in
such change or amendment, such change or amendment shall not become
effective except by a favorable vote of four members of the Town Board.
1304.0 APPROVAL OF PLATS: MODIFICATIONS OF ZONING
REGULATIONS
When approval of a subdivision plat requires modification of these zoning
regulations, the Planning Board may make such zoning changes only after they
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
provisions of Section 281 of Article 16 of Town Law.
1305.0 PREEXISTING CONDITIONS UNAFFECTED
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Nothing in this Ordinance or in amendments thereto shall be construed as
changing the plans or uses of present buildings,or the construction,use or
occupancy of any building for which a permit has heretofore been issued.
ARTICLE XIV: VIOLATION AND PENALTIES
1400.0 VIOLATION AND PENALTIES
A violation of this Ordinance is hereby declared to be an offense,punishable by a
fine not exceeding three hundred fifty dollars ($350) or imprisonment for a
period not to exceed six (6) months, or both for conviction of a first offense; for
conviction of a second offense both of which were committed within a period of
five years,punishable by a fine of not less than three hundred fifty dollars($350)
nor more than seven hundred dollars ($700) or imprisonment for a period not to
exceed six(6)months, or both, Each week's continued violation shall constitute
a separate additional violation. In addition to other penalties, the Town of
Lansing may institute any appropriate action or proceeding to prevent the
unlawful erection, construction, reconstruction alteration, conversion
maintenance or use of building or land or division of land in violation of the
requirements of this Ordinance, to restrain, correct or abate such violation to
prevent the occupancy of said building, structure, or land to prevent any illegal
act,conduct,business or use in or about such premises.
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ARTICLE XV: MISCELLANEOUS
1500.0 INTERPRETATION
The provisions of this Ordinance shall be held to be the minimum requirements
necessary to accomplish the purpose of this Ordinance and shall be interpreted
and applied as such. When requirements of this Ordinance conflict with the
requirements of other lawfully developed rules, regulations, laws or ordinance
the most restrictive, or that imposing higher standards,shall take precedence.
1501.0 VALIDITY
The invalidity of any section or provision of this Ordinance shall not invalidate
any other section or provision thereof.
1502.0 This Ordinance shall repeal the Ordinance entitled"Land Use Ordinance for the
Town of Lansing" duly adopted by the Lansing Town Board on June 4, 1973,
and as subsequently amended.
1503.0 EFFECTIVE DATE
This Ordinance shall be in force and effect upon adoption and publication as
provided by law.
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APPENDIX II: TOWN OF LANSING CELLULAR TOWER ORDINANCE
Be it enacted by the Town Board of the Town of Lansing as follows:
Section 1. The Zoning Ordinance of the Town of Lansing as re-adopted, amended, and
revised, effective June 24,and subsequently amended,be further amended as follows:
I. Section 120 is amended by adding a new paragraph reading as follows:
"a `Telecommunications Facility' is any commercial equipment used in
connection with the provision of wireless communication services, including
cellular telephone services, personal communications services, and private radio
communications services,regulated by the Federal Communications Commission
in accordance with the Telecommunications Act of 1996 and other federal laws.
A `telecommunications facility' shall include monopole, guyed, or latticework
tower(s), as well as antenna(s), switching stations, principal and accessory
telecommunications equipment and supporting mast, wires, structures, and
buildings."
II. Article II is amended by adding a new section reading as follows:
SECTION A106. Telecommunications Facility.
1. Purpose. The purpose of these supplemental regulations is to promote the
health, safety, and general welfare of the residents of the Town of Lansing; to
provide standards for the safe provision of telecommunications consistent with
applicable federal and state regulations, to minimize the total number of
telecommunications towers in the community by encouraging shared use of
existing and future towers, and the use of existing tall buildings and other high
structures; and to minimize adverse visual effects from telecommunications
towers by requiring careful siting,and visual impact assessment.
2. General Criteria. No special approval or renewal thereof or modification of a
current special approval relating to a telecommunications facility shall be
recommended or authorized by the by the Town Board unless it fmds that such
telecommunications facility:
(a) is necessary to meet current or reasonably expected demands for
services;
(b) conforms with all federal and state laws and all applicable rules
or regulations promulgated by the Federal Communications
Commission (the "FCC"), Federal Aviation Administration (the
"FAX'),or any other federal agencies having jurisdiction;
(c) is considered a public utility in the State of New York;
(d) complies with all other requirements of this Ordinance, unless
expressly superseded herein;
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(e) is the most appropriate site among those available within the
technically feasible area for the location of a telecommunications
facility.
(f) when including the construction of a tower, such tower is
designed to accommodate future shared use by at least two (2)
other telecommunication service providers. Any subsequent
location of telecommunication equipment by other service
providers on specifically designed for shared use shall not
require a new or modified special permit if there would be no
increase in the height of the tower.
(g) will allow co-location.
3. Co-location. The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new
facilities. Any special approval application, renewal or
modification thereof shall include proof that reasonable
efforts have been made to co-locate within an existing
telecommunications facility or upon an existing structure. The
application shall include an adequate inventory report specifying
existing telecommunications facility sites. The inventory report
shall contain an evaluation of opportunities for shared use as an
alternative to the proposed location.
The applicant must demonstrate that the proposed
telecommunications facility cannot be accommodated on
existing telecommunications facility sites in the inventory due to
one(1)or more of the following reasons:
(a) the planned equipment would exceed the structural capacity of
existing and approved telecommunications facilities or other
structures, considering existing and reasonably anticipated future
use for those facilities;
(b) the planned equipment would cause radio frequency interference
with other existing or planned equipment, which cannot
be reasonably prevented;
(c) existing or approved telecommunications facilities or other
structures do not have space and cannot be modified to provide
space on which proposed equipment can be placed so it can
function effectively and reasonably;
(d) other technical reasons make it impracticable to place the
equipment proposed by the applicant on existing facilities or
structures;
(e) the property owner of the existing telecommunications facility or
other structure refuses to allow such co-location.
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4. Dimensional Standards.
(a) A fall zone around any tower constructed as part of a
telecommunications facility must have a radius at least equal to
the height of the tower and any attached antennae. The entire
fall zone may not include public roads and must be located on
property either owned or leased by the applicant or for which the
applicant has obtained an easement, and may not, except as set
forth below, contain any structure other than those associated
with the telecommunications facility. If the Facility is attached to
an existing structure, relief may be granted by specific
permission of the Town Board on a case-by-case basis if it is
determined by such Board after submission of competent
evidence, that the waiver of this requirement will not endanger
the life, health, welfare or property of any person. In granting
any such waiver, the Board may impose any conditions
reasonably necessary to protect the public or other property from
potential injury.
(b) All Telecommunications Facilities shall comply with the
setback, frontage, minimum lot size, and yard standards of the
underlying zoning district and the fall zone requirements of this
article. To the extent there is a conflict, the more restrictive
provision shall govern. The size of the leased or owned lot shall
be, at a minimum, sufficiently large to include the entire fall
zone. All lots leased or owned for the purpose of construction
of a tower as part of telecommunications facility shall conform,
at a minimum, to the lot size requirements of the underlying
zoning district or the size of lot necessary to encompass the
entire fall zone,whichever requirement results in a larger lot.
(c) Notwithstanding provisions to the contrary of any other article of
this ordinance, the front, side, and rear yard requirements of the
underlying zoning district in which a telecommunications facility
is erected shall apply not only to a tower, but also to all tower
parts including guy wires and anchors, and to any accessory
buildings.
5. Lighting and Marking.
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(a) Towers shall not be artificially lighted and marked beyond the
requirements of the FAA.
(b) Notwithstanding the preceding paragraph, an applicant may be
required to add FAA-style lighting and marking if, in the
judgment of the Town Board, such a requirement would be of
direct benefit to public safety and would not unduly adversely
affect residents of any surrounding property.
6. Appearance and Buffering.
(a) The use of any portion of a telecommunication facility for signs,
promotional or advertising purposes, including but not limited to
company name, phone numbers, banners, streamers, and
balloons is prohibited.
(b) The facility shall, to the maximum extent reasonably possible,
limit the visual effect on the environment as determined by the
Town Board. Any tower that is not subject to FAA marking as
set forth above shall otherwise:
(i) have a galvanized finish, or shall be painted gray above
the surrounding tree line and gray or green below the
tree line,as deemed appropriate by the Town Board,or
(ii) be disguised or camouflaged to blend in with the
surroundings, to the extent that such alteration does not
impair the ability of the facility to perform its designed
function.
(c) Accessory structures shall maximize the use of building
materials, colors, and textures designed to blend in with the
natural surroundings.
(d) Each application for a proposed facility shall be accompanied by
a State Environmental Quality Review("SEQR").
(e) The Town Board may require additional information, such as
line-of-sight drawings, detailed elevation maps, visual
simulations, before and after renderings, and alternate tower
designs to more clearly identify adverse impacts for the purpose
of their mitigation.
(f) Equipment or vehicles not used in direct support, renovations,
additions or repair of any telecommunication facility shall not be
stored or parked on the Facility site.
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7. Access and Parldng.
(a) Access ways shall make maximum use of existing public or
private roads to the extent practicable. New access ways
constructed solely for Telecommunications Facilities must be at
least twenty (20), but no more than sixty (60) ft. wide, and
closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential.
(b) Parking areas shall be sufficient to accommodate the usual
number of service vehicles expected on the premises at any one
time.
(c) Driveways or parking areas shall provide adequate interior turn-
around, such that service vehicles will not have to back out onto
a public thoroughfare.
8. Security.
(a) Towers, anchor points of guyed towers, and accessory structures
shall each be surrounded by fencing at least eight (8) ft.
in height, the top foot of which may, at the discretion of the
Town Board in deference to the character of the neighborhood,
be comprised of three-strands of barbed wire to discourage
unauthorized access to the site. The Town Board may waive the
requirement of fencing if, in its discretion, it determines that
other forms of security are adequate, or that, by reason of
location or occupancy, security will not be significantly
compromised by the omission, or reduction in size, of the
otherwise required fencing.
(b) Motion-activated or staff-activated security lighting around the
base of a tower or accessory structure entrance may be provided
if such lighting does not project off the site. Such lighting
should only occur when the area within the fenced perimeters
has been entered.
(c) There shall be no permanent climbing pegs within fifteen (15)
feet of the ground of any tower.
(d) A locked gate at the junction of the access way and a public
thoroughfare may be required to obstruct entry by unauthorized
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vehicles. Such gate must not protrude into the public right-of-
way.
9. Engineering and Maintenance.
(a) Site plans for all Telecommunications Facilities must bear the
seal of a professional engineer licensed to practice in the State of
New York. Every facility shall be built, operated and maintained
to accepted industry standards, including but not limited to the
most recent, applicable standards of the Institute of Electric and
Electronic Engineers ("IEEE") and the American National
Standards Institute("ANSI").
(b) Every Facility shall be inspected at least every fifth year for
structural integrity by a New York State licensed engineer. A
copy of the inspection report shall be submitted to the Zoning
and Building Code Enforcement Officer. Any unsafe condition
revealed by such report shall be corrected within ten days of
notification of same to the record landowner on which the
facility is constructed. The time period for correction may, on
application of the landowner or owner of the facility, be
extended by the Town Board if it is impracticable to complete
the correction within said ten days and if there is no imminent
danger to life, limb, or other person's property. If the unsafe
condition is not corrected within the applicable time period, or if
the required inspection is not provided to the Town, the special
approval for construction of the facility may, after a hearing by
the Town Board on at least ten days' prior notice to the
landowner of record given by certified mail, return receipt
requested, or other equally effective manner of providing notice,
be revoked by such Board. Revocation may occur only if the
Board finds either (a) that the required inspection has not been
provided or (b) that there is an unsafe condition which poses a
risk of bodily injury or significant property damage. Upon such
revocation, the facility shall be removed or dismantled to the
point of removing all unsafe conditions.
(c) A safety analysis by a qualified professional must accompany
any special permit or site plan application, renewal thereof or
modification, for the purpose of certifying that general public
electromagnetic radiation exposure does not exceed
standards set by the FCC or any permit granted by the FCC.
(d) The municipality, at the expense of the applicant,may employ its
own consulting assistance to examine the application and related
documentation and make recommendations as to whether the
criteria for granting the special approval have been met,
including whether the applicant's conclusions regarding need,
co-location, safety analysis, visual analysis, and structural
inspection, are valid and supported by generally accepted and
reliable engineering and technical data and standards.
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10. Removal.
(a) At the time of submittal of the application for a special approval
for a telecommunications facility, the applicant shall submit an
agreement to remove, within 90 days, all antennas, driveways,
structures,buildings,equipment sheds,lighting,utilities,fencing,
gates, accessory equipment or structures, as well as any tower(s)
dedicated solely for use within a telecommunications facility if
such facility becomes technologically obsolete or ceases to
perform its originally intended function for more that twelve(12)
consecutive months. Upon removal of said facility, the land
shall be restored to its previous condition, including but not
limited to the seeding of exposed soils.
(b) At the time of obtaining a building permit, the applicant must
provide a financial security bond for removal of the
telecommunications facility and property restoration, with the
municipality at the assignee, in an amount approved by the Town
Board,but not less than twenty five thousand($25,000)dollars.
(c) At times of modification of the special approval, the Town
Board may adjust the required amount of the financial security
bond to adequately cover increases in the cost of removal of the
telecommunications facility and property restoration.
11. Application. The application for a special approval for the construction of a
telecommunications facility shall include, without
telecommunications facility shall include, without altering any
other application requirements set forth in this Article or
elsewhere in this ordinance:
(a) A completed project application form in such detail and
containing such information as the Town Board may require.
(b) Complete application for SEQR Review.
(c) Site plan in accordance with the requirements for site plans
generally, and if more detail is required, in accordance with the
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site plan requirements of this section including, without
limitation
(i) The exact location of the proposed telecommunications
facility including any towers, guy wires and anchors, if
applicable;
(ii) The maximum height of the proposed facility, including
all appurtenances;
(iii) A detail of tower type, if any, including engineering
drawings from the tower manufacturer (monopole,
guyed, free-standing, or other);
(iv) The location,type and intensity of any lighting on the
tower;
(v) Property boundaries and names of all adjacent
landowners;
(vi) Proof of the landowner's consent to the erection of the
facility and agreement to abide by the ordinance if the
applicant is not the landowner;
(vii) The location of all other structures on the property and
all structures on. any adjacent property within one
hundred feet of the property lines, together with the
distance of these structures from any proposed
tower.
(viii) The location, nature and extent of any proposed fencing,
landscaping and screening; and
(ix) The location and nature of any proposed utility
easements and access roads or drives.
(d) Agreement that the applicant will negotiate in good faith with
any subsequent applicant seeking to co-locate a
telecommunications facility on the initial applicant's structures.
This agreement shall commit the initial applicant and landowner
and their respective successors in interest to:
(i) Respond in a timely, comprehensive manner to a request
for information from a potential shared-use applicant.
(ii) Negotiate in good faith for shared use by third parties.
(iii) Allow shared use if an applicant agrees in writing to pay
reasonable charges for same.
(iv) Make no more than a reasonable charge for shared use,
based upon generally accepted accounting principles.
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The rent cannot exceed amortized cost of the tower over
projected life. The charge may include but is not limited
to a pro rata share of the cost of site selection, planning,
project administration, land cost, site design,
construction and maintenance, financing, return on
equity, and depreciation, and all of the costs of adapting
the tower or equipment to accommodate a shared user
without causing electromagnetic interference or causing
uses on the site to emit electromagnetic radiation in
excess of levels permitted by the FCC.
(e) The agreement for removal of the facility referred to above.
(f) Copies of all documents submitted to the FCC or any other
governmental agency having jurisdiction.
(g) Any applicable application or other fees, including any deposits
required by the Town for the costs of any consultants retained by
the Town as provided above.
12. Miscellaneous.
(a) Any special approval or site plan approval granted hereunder
shall be valid only for the dimensions and number of structures
for the telecommunications facility contained in original
application as so approved. Any subsequent changes or
modifications shall require a new application following the
procedures set forth in this section.
(b) In considering the application, the Town Board may, if the
application is granted, impose such reasonable conditions as the
Town Board may deem necessary to minimize any adverse
impacts of the facility or its construction, or to assure continued
compliance with the terms of this ordinance.
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APPENDIX III: JUNK STORAGE ORDINANCE
The Town Board of Lansing, pursuant to a resolution dated February 4, 1998, does ordain as
follows:
ARTICLE A: INTRODUCTION
Section 1. Authority
This ordinance is adopted pursuant to the authority granted the Town of Lansing in Section 10 of
the Municipal Home Rule Law and in Section 130(15)of the Town Law.
Section 2. Title
This Ordinance shall be known as the"Town of Lansing Junk Storage Ordinance."
Section 3. Intent of the Junk Storage Ordinance
By adoption of this Ordinance the Town of Lansing declares its intent to regulate and control the
storage or keeping of junk, and to regulate junkyards whether operated for commercial profit or
otherwise. The Town of Lansing Board hereby declares that a clean, wholesome, and attractive
environment is of vital importance to the continued general welfare of its citizens and that junk
and junkyards can constitute a hazard to property and persons and can be a public nuisance. Such
materials may be highly flammable and sometimes explosive. Junk and particularly junked
vehicles can constitute attractive nuisances to children and certain adults. The presence of junk
and junkyards is unsightly and tends to detract from the value of surrounding properties.
Section 4. Prior Existing Junkyard Ordinance
The Ordinance shall replace and supersede the prior existing Junkyard Ordinance of the Town of
Lansing.
ARTICLE B: DEFINITIONS
For the purpose of this Ordinance,the following words and phrases shall have the meaning
ascribed to them in this article.
Enforcement Officer.- Any person appointed by the Town of Lansing Board to
represent them in particular matters pertaining to this Ordinance.
Junk: The outdoor storage or deposit of any of the following shall
constitute junk.
1) More than one(1)junk motor vehicle.
2) One(1)or more junk mobile homes.
3) Three (3) or more abandoned or inoperable appliances
including but not limited to washers, dryers,
dishwashers, stoves, refrigerators, freezers and
televisions.
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4) Three (3) or more abandoned or irreparably damaged
pieces' of indoor furniture including but not limited to
sofas, lounge chairs, mattresses, bed frames, desks,
tables,chairs and chests of drawers.
5) The dumping, accumulation, collection or storage of
waste, debris, secondhand or used materials of whatever
composition such that the accumulation creates a
significant unsightly,unsafe or unhygienic condition.
Junk Mobile Home: A structure, transportable in one or more sections, built on a
permanent chassis and designed to be used as a dwelling unit,
which is currently not inhabited and is no longer habitable under
the New York State Uniform Fire Prevention and Building Code.
Includes but it not limited to mobile homes, travel trailers and
campers.
Junk Storage Area: The areas of any parcel of land or water used or intended to be
used for the placement, storage or deposit of junk.
Junk Vehicles: More than one (1) or more unregistered, old, secondhand motor
vehicle, no longer intended or in condition for legal use on the
public highways, or used parts or waste materials from motor
vehicles which, taken together, equal in bulk more than one (1)
such vehicle. A vehicle is considered junked when it meets all
of the following conditions:
1) It is unlicensed.
2) It is either abandoned, wrecked, stored, discarded,
dismantled, or partly dismantled.
3) It is not in any condition for legal use upon the public
highways.
Junkyard: The outdoor storage or deposit of any of the following:
1) More than One(1)junk motor vehicle.
2) One(1)or more junk mobile homes.
3) Three (3) or more abandoned or inoperable appliances
including but not limited to washers, dryers,
dishwashers, stoves, refrigerators, freezers and
televisions.
4) Three (3) or more abandoned or irreparably damaged
pieces of indoor furniture including but not limited to
sofas, lounge chairs, mattresses, bed frames, desks,
tables,chairs and chests of drawers.
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5) Any combination of the above that totals more than five
(5)items.
6) The dumping, accumulation, collection or storage of
waste, debris, secondhand or used materials of whatever
composition such that the accumulation creates a
significant unsightly,unsafe or unhygienic condition.
Motor Vehicle: All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
Person: Any individual, firm, partnership, association, corporation,
company,or organization of any kind.
ARTICLE C: JUNKYARD REGULATIONS
Section 1. Location
No junk storage area shall be located within:
A. 10 feet of any adjoining property line;
B. 500 feet of any public park, church, educational facility,nursing home,public building or
other place of public gathering;
C. 500 feet of any stream,lake,pond,wetland or other body of water; or
D. 25 feet from the right-of-way of any public highway.
Section 2. Fencing
There must be erected and maintained an eight foot high fence enclosing the entire junkyard and a
locking gate, adequate to prohibit the entrance of children and others into the area of the activity
or business, and to contain within such fence the materials dealt with by the operator of the
junkyard. Fencing requirements may be waived where topography or other natural conditions
effectively prohibit the entrance of children and others.
Section 3. Screening
Where a junkyard or junk within a junkyard is or would be visible from a public highway or from
neighboring properties,the fence provided in Section 2 above shall be of wood or other materials
sufficient to totally screen the junkyard from view. Such screening may be permitted by adequate
planting of evergreen trees or shrubbery.
Section 4. Burning
No materials shall be burned in a junkyard except in compliance with the New York State Solid
Waste Disposal Law(See NYCRR Part 215).
Section 5. Burying
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No junkyard items shall be buried in a junkyard except in compliance with the New York State
Solid Waste Disposal Law(See NYCRR Part 360).
Section 6. Approved Junkyard Items
No junkyard items shall be stored in any junk storage area other than those items specified on a
junkyard permit approved by the Town Board pursuant to this Ordinance.
ARTICLE D: JUNKYARD PERMIT
Section 1. Permit Required
A. No person shall establish or maintain a junkyard within the Town of Lansing unless a
permit has first been issued for such junkyard pursuant to this Ordinance.
B. No person owning, having any right to, or any interest in any real property within the
Town of Lansing shall license, rent, lease, or otherwise permit the use of such real
property or any part thereof for a junkyard unless a permit has first been issued for such
junkyard pursuant to this Ordinance.
C. All permits shall be issued for a period of one year,after which time a renewal shall be
required.
Section 2. Temporary Permit for Prior Existing Junkyard
Any person maintaining a junkyard prior to the effective date of this Ordinance within the Town
of Lansing shall apply for a permit within sixty(60)days of the adoption of this Ordinance. If the
junk storage area does not meet the requirements of Article D herein, a temporary permit shall be
granted for a period not to exceed one(1) year, during which time the junk storage area shall be
arranged to comply with said requirements. If at the end of such period the junk storage area has
not been arranged to comply with said requirements, such person shall cease and desist from
maintaining a junkyard and all junk shall be removed from the premises.
ARTICLE E: APPLICATION PROCEDURE
Section 1. Application
The applicant for a junkyard permit shall obtain application forms from the Town of Lansing
Code Enforcement Officer. The completed forms along with one copy of the proposed site plan,
and the appropriate fees, shall be returned to the Code Enforcement Officer. The Code
Enforcement Officer shall submit the application materials to the Town of Lansing Board.
Section 2. Site Plan Contents
The site plan shall be drawn to scale and indicate all dimensions and show:
A. All existing and proposed structures,including fences on the property;
B. All property lines including the names of owners of adjacent property;
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C. All streams, lakes, wetlands, floodplains, and other water bodies on or within 500 feet of
the property;
D. All wells and sanitary facilities on or within 500 feet of the property;
E. All roads and easements on or within 500 feet of the property;
F. All existing and proposed junk storage areas on the property;
G. All existing and proposed access ways,and parking and loading areas on the property.
Section 3. Environmental Impact Statement
An Environmental Assessment Form (EAF) shall be completed and submitted with all
applications pursuant to the provisions of the State Environmental Quality Review Act, 6
NYCRR Part 617. If the EAF indicates that the proposed activity may have significant
environmental consequences, the Town of Lansing Board shall require that a Draft
Environmental Impact Statement(DEIS)be submitted with the application. The application shall
not be considered complete until the DEIS has been accepted by the Town of Lansing Board.
Section 4. Application Fee
A non-refundable fee for a junkyard license shall accompany all applications in an amount as the
Town of Lansing Board may,from time to time, establish by resolution.
Section 5.Public Hearing
The Town of Lansing Board shall fix a time within forty-five (45) days of the date a complete
application is received for a public hearing. Notice of the hearing shall be made in the official
newspaper at least five (5) days prior tot he date thereof. At the hearing the Town of Lansing
Board shall hear the applicant and all other persons wishing to be heard on the application for a
junkyard permit.
Section 6. Town Board Action
Within forty-five(45)days of said hearing,the Town of Lansing Board shall render a decision to
approve, approve subject to conditions, or disapprove the application for a junkyard permit. The
forty-five(45)day period may be extended by mutual consent of the applicant and the Board. All
findings of the Board shall be entered into the official minutes of the Town of Lansing. The
decisions of the Board shall immediately be filed in the office of the Town of Lansing Clerk and
the applicant shall be notified of the decision and the reasons for such decision by certified mail
within five(5) days of the decision of the Board. Upon approval of the site plan and application,
and payment of the fees and reimbursable costs due the Town of Lansing,the Board shall endorse
its approval upon a copy of the final site plan and application.
Section 7. Issuance of Permit
A. If the application is approved by the Town of Lansing Board, a Junkyard Permit shall be
issued by the Code Enforcement Officer.
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B. If the application is approved with conditions by the Board, the Code Enforcement
Officer shall issue a Junkyard Permit upon notification by the Enforcement Officer that
said conditions have been complied with.
ARTICLE F: GENERAL CONSIDERATIONS
Section 1. Aesthetic Considerations
In granting or denying a permit, the Town of Lansing Board shall take the following aesthetic
factors into consideration.
A. Type of road servicing the junkyard or from which the junkyard can be seen.
B. Natural or artificial barriers protecting the junkyard from view.
C. Proximity of the site to established residential or recreational areas or main access routes
thereto.
Section 2. Locational Considerations
In granting or denying a permit, the Town of Lansing Board shall take the following locational
factors into considerations:
A. The nature and development of surrounding property, such as the proximity of public
parks, churches, educational facilities, nursing homes, public buildings, or places of
public gathering.
B. Whether or not the proposed location can be reasonably protected from affecting the
public health and safety by reason of offensive or unhealthy noise, odors or smoke, or of
other causes.
C. The proximity of streams, lakes,wetlands, flood plains, groundwater supplies, and public
water supplies.
D. Local drainage patterns.
E. Long range comprehensive plans or zoning for the Town.
F. Proximity of the site to established residential or recreational areas.
G. Availability of other suitable sites for the junkyard.
ARTICLE G: ADMINISTRATION AND ENFORCEMENT
Section 1. Waivers
Where the Town of Lansing Board finds that due to special circumstances of the particular case, a
waiver of certain requirements as stated in Article D herein is justified, then a waiver may be
granted. A licensed motor vehicle repair shop may store individual motor vehicles, up to a
maximum of ten motor vehicles, on its premise that would otherwise qualify as junk vehicles for
a period of up to six months for any individual motor vehicles before having to remove such
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vehicles pursuant to this Ordinance or otherwise apply for a junkyard permit. In all other cases,
no waiver shall be granted,however,unless the Board fords,and records in its minutes that:
A. Granting the waiver would be keeping with the intent and spirit of this Ordinance, and is
in the best interests of the community.
B. There are special circumstances involved in the particular case.
C. Denying the waiver would result in undue hardship to the applicant, provided that such
hardship has not been self-imposed.
D. The waiver is the minimum necessary to accomplish the purpose.
Section 2. Enforcement Officer
A. The enforcement officer shall upon request of the Board make inspections of the
premises of any junkyard for which application for a permit has been made, or any other
existing junkyard within the Town of Lansing, and shall report to the Board on the
conditions of such junkyard.
B. The enforcement officer shall make periodic inspections of the Town of Lansing to
ensure that all existing junkyards have permits and that the requirements of this
Ordinance are met. Any observed violations shall be reported to the Board.
C. The enforcement officer shall not enter the premises of any private property without the
consent of the owner. It shall be the responsibility of the applicant to arrange for all
required inspections of the premises prior to the permit issuance or renewal.
Section 3. Revocation of Permit
The Town of Lansing Board may revoke a Junkyard Permit upon reasonable cause should the
applicant fail to comply with any provision of this Ordinance. Before a permit may be revoked, a
public hearing shall be held by the Board. Notice of the hearing shall be made in the official
newspaper at least five (5) days prior to the date thereof. The permit holder shall be notified of
the hearing by certified mail at least five (5) days prior to the hearing. At the hearing the Board
shall hear the permit holder and all other person wishing to be heard on the revocation of the
Junkyard Permit.
Should the Board decide to revoke a permit, the reasons for such revocation shall be stated in the
Board minutes. The permit holder shall be immediately notified of the revocation by certified
mail.
Section 4.Penalties
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A. Any person who shall violate any of the provisions of this Ordinance shall be guilty of an
offense and subject to a fine not more than Two Hundred Fifty Dollars ($250) or by a
penalty of Two Hundred Fifty Dollars ($250)to be recovered by the Town of Lansing in
a civil action. Every such person shall be deemed guilty of a separate offense for each
week such violation,disobedience, omission,neglect or refusal shall continue.
B. In addition to the above provided penalties, the Board may also maintain an action or
proceeding in the name of the Town of Lansing in a court of competent jurisdiction to
compel compliance with or restrain by injunction the violation of any article of this
Ordinance.
ARTICLE H: MANAGEMENT
Section 1. Personal Management
The licensee must personally manage or be responsible for the management of the activity of
business for which the license is granted.
Section 2. Log
Every operator of a junkyard shall keep a Log, the form of which must be approved by the Town
Code Enforcement Officer("Log")which contains the following information for each junk motor
vehicle brought into the yard:
A. Make-Model-Color-Year
B. Vehicle Identification Number
C. Arrival Date and Disposal Date
D. Certification that the vehicle arrived with or without an engine, with or without a fuel
tank, with or without a battery, with or without brake lines, and if the vehicle had an
engine, fuel tank,battery,brake lines, or radiator,that any such existing engine, fuel tank,
battery, brake lines, or radiator were drained and the contents disposed of in a manner
which is in conformance with the State of New York Environmental Conservation Law.
E. All entries in the Log shall be made in ink or typed,and it shall be available for review by
the Code Enforcement Officer upon request.
F. A sworn statement, duly notarized, by the Person operating the junkyard shall be
forwarded to the Code Enforcement Officer of the Town of Lansing showing compliance
with this paragraph (c) and itemizing all entries from the Log for the previous year, said
statement to be received prior tot he annual renewal of the said license.
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ARTICLE I: SEVERABILITY
If any clause, sentence, paragraph, section or article of this Ordinance shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or article thereof directly involved in the controversy in which such judgment shall have
been rendered.
ARTICLE J: EFFECTIVE DATE
This Ordinance shall be effective upon filing with the Town Clerk.
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APPENDIX IV: ADULT ENTERTAINMENT ORDINANCE
1) INTENT
It is the intent of this local law to regulate sexually-oriented businesses, to promote the health,
safety, morals and general welfare of the citizens of the Town of Lansing and to establish
reasonable and uniform regulations to monitor the location and concentration of sexually oriented
businesses within the town of Lansing. The provisions of this local law have neither the purpose
nor effect of imposing a limitation or restriction on the content of any communicative material,
including sexually-oriented materials. Similarly it is not the intent or effect of this local law to
restrict or deny access by adults to sexually-oriented materials protected by the First Amendment
or to deny access by distributors and exhibitors of sexually-oriented entertainment to their market.
2)DEFINITIONS
Sexually oriented businesses shall be defined as:
1 Adult arcades where, for any form of consideration, one or more motion picture projectors,
slide projectors or similar machines, for viewing by five or fewer persons each, are used to show
films, motion pictures, video cassettes, slides or other photographic reproductions, which are
characterized by emphasis upon the depiction or description of"specified sexual activities" or
"specified anatomical areas."
2 Adult bookstores/Adult video stores which have a substantial(50%or more)portion of their
stock in trade or rental and offer for sale, for any consideration, any one or more of the following:
a. Books, magazines, periodicals, or other printed matter or photographs, films, motion
pictures, video cassettes, slides or other visual representations, which are
characterized by an emphasis upon the depiction or description of"specified sexual
activities: or"specified anatomical areas,"or
b. instruments, devices or paraphernalia which are designed for use in connection with
"specified sexual activities."
3 Adult cabarets meaning any nightclub, bar, juice bar, restaurant, or similar establishment,
which regularly features live performances characterized by exposure of"specified anatomical
areas"or by"specified sexual activities"or films,motion pictures,video cassettes, slides or other
photographic reproductions characterized by an emphasis upon the depiction or description of
"specified sexual activities"or"specified anatomical area."
4 Adult motion picture theaters where, for any form of consideration, films, motion pictures,
video cassettes slides or other photographic reproductions are shown, and in which a substantial
portion of the total presentation time is regularly devoted to the showing of material characterized
by an emphasis upon the depiction or description of"specified sexual activities" or "specified
anatomical area."
5 Adult theaters meaning a theater, concert hall, auditorium or similar establishment which for
any form of consideration, regularly features live performances characterized by the exposure of
"specified sexual activities"or"specified anatomical area."
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6 Massage parlors where, for any consideration, massage, alcohol rub, fomentation, electric or
magnetic treatment or manipulation of the human body is administered unless by a medical
practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person
licensed by the state. This definition shall not be deemed to include an athletic club,health club,
school, gymnasium, reducing salon, spa or similar establishment where massage or similar
manipulation of the human body is offered as an incidental accessory service.
8.Escort agencies and sexual encounter centers where sexual services are provided to
clientele.
SPECIFIED SEXUAL ACTIVITIES
(1) Human genitals in a state of sexual stimulation or arousal; or
(2) Acts of human masturbation, sexual intercourse, sodomy,nude dancing, lap dancing;
or
(3) Fondling or other erotic touching of human genitals,pubic region,buttocks or female
breasts.
SPECIFIED ANATOMICAL AREAS
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks,
and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state even if completely and opaquely
covered.
USES PERMITTED—RESTRICTIONS
Sexually-oriented business, as defined herein, shall be permitted in an Rural Agricultural district
only,provided that a site plan review and special permit is obtained from the Town Board and the
following:
A. A sexually oriented business, as defined herein, may not be operated within one thousand
(1000)feet of:
(1)A church, synagogue or regular place of worship.
(2)A public or private elementary, secondary school,or any public governmental buildings.
(3)A boundary line of any property zoned as a residential district or the nearest portion of any
building used for residential purposes as a permitted use.
(4)A public use park.
(5)Day care facilities.
B. A sexually oriented business, as defined herein, may not be operated within one thousand
(1000)feet of another sexually oriented business as defined herein.
C. A sexually oriented business, as defined herein, may not be operated in the same building,
structure or portion thereof containing another sexually oriented business.
D. For the purpose of this article,measurement shall be made in a straight line,without regard to
intervening structures or objects, from the nearest portion of the building where a sexually
oriented business, as defined herein, is conducted, to the nearest portion of the premises of a
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V
church,public or private elementary or secondary school, residence, or to the nearest
boundary of an affected public park, or residential district.
E. For purposes of subsection B of this section, the distance between any two (2) sexually
oriented businesses, as defined herein, shall be measured in a straight line, without regard
to intervening structures or objects.
F. All sexually oriented businesses, as defined herein, shall be conducted in an enclosed
building. No specified anatomical area or any specified sexual activity, as defined herein, or
any display, decoration, sign, or similar depiction of specific anatomical area or any specified
sexual activity, as defined herein, shall be visible from the exterior of any building
containing a sexually oriented business,as defined herein,regardless of location or distance.
LOCATION IN RURAL AGRICULTURAL DISTRICT; suspension of business
A. A sexually oriented business, as defined herein, may be operated only within a rural
agricultural district in the TOWN OF LANSING and only in accordance with the provisions of
this article.
B. Prior to the commencement of any sexually oriented business, as defined herein, or upon any
transfer of ownership or control of any sexually oriented business,or upon commencing any
adult use,as defined herein, the premises housing such business or use must be inspected and
found to be in compliance with all laws, rules and regulations of the health department, fire
department, town code enforcement officer, fire marshal and other code enforcement officers.
C. The health department, fire department,town code enforcement officer, fire marshal and other
code enforcement officials shall complete their certification that the premises is in compliance
or not in compliance within twenty (20) days of the inspection of the premises by such
officials. Such certification shall be promptly presented to the town code enforcement officer.
D. An applicant, permittee, and/or licensee shall permit representatives of the town
administration,or other town departments or agencies to inspect the premises of a sexually
oriented business,as defined herein, for the purpose of ensuring compliance with the law at
any time it is occupied or open for business, or at such other times as may be reasonable or
appropriate.
E. The town code enforcement officer shall suspend the right to conduct any sexually oriented
business,as defined herein, for a period not to exceed thirty (30) days if it is determined that
the owner and/or operator or an employee of the owner and/or operator of the sexually
oriented business,as defined herein,has:
(1)Violated or is not in compliance with any section of this article.
(2) Engaged in use of alcoholic beverages while on the sexually oriented business premises, as
defined herein.
(3)Refused to allow an inspection of the sexually oriented business premises, as defined herein,
as authorized by this article.
(4) Knowingly permitted gambling by any person on the sexually oriented business as defined
herein, premises.
(5) Knowingly allowed possession, use or sale of controlled substances by any person on the
sexually oriented business premises,as defined herein.
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95,
(6) Knowingly allowed prostitution on the sexually oriented business premises, as defined
herein.
(7) Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, lap dances,
masturbation or other sexual conduct to occur in or on the permitted and/or licensed
premises.
(8) Any other act prohibited by law.
F. Prior to any suspension, the town code enforcement officer shall provide the owner and/or
operator of a sexually oriented business, as defined herein, with a written notice stating the
grounds for suspension. The owner and/or operator has the right to submit a response to this
notice to the town code enforcement officer within ten (10) days of receipt of said notice.
Such response shall be made in writing.
G. The town code enforcement officer may not suspend the right to conduct a sexually oriented
business,as defined herein,until fifteen(15) days after the notice is given to the owner and/or
operator, or until after receiving the owner's and/or operator's response, whichever is
sooner.
SEVERABILITY
A. Should any section or provision of this article be declared to be unconstitutional or invalid by
the courts, such decision shall not affect the validity of the balance of this article.
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