HomeMy WebLinkAbout1-17-01 AMENDED LAND USE ORDIN 1
TOWN OF LANSING
i LAND USE ORDINANCE
Amended January 17, 2001
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FOOTNOTES FOR SCHEDULE H
* Requirements shown in this Schedule II 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 approval. Where there are such inconsistencies, the requirements of such
special conditions or 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 apartments or
condominiums
Requirements of Schedule II are superseded by the following supplementary regulations,
as appropriate:
1. Required lot frontage for multiple family dwelling units in areas served by public
sewers does not have to be greater than 125 feet.
2. There is a minimum front yard setback of 60 feet from road right-of-way on Routes
34, 34B, Warren Road and North Triphammer. Other roads minimum setback of 30
feet 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.
5. Flag lots, as defined in the appendix of this Ordinance, may have a minimum lot
width at the road frontage line of 20 feet.
6. Lots with frontage on Cayuga Lake must follow D.E.C. and Health Department
regulations on distance from lake.
V '0
ARTICLE I: TITLE
This ordinance shall be known and cited as the Zoning Ordinance of the Town of Lansing,
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 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.
1
ARTICLE IV: LAND USE CONTROL AREAS
400.0. DISTRICTS
For the purposes specified in this Ordinance, the Town of Lansing is divided into
seven(7) land use control districts as following:
RA- Rural Agriculture
L 1 -Lakeshore
R1 - Residential Low Density
R2 - Residential Moderate Density
R3 -Residential,Mixed-Use
B1 - Commercial, General &Mixed-Use
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. DETERMINATION OF BOUNDARIES
In determining boundaries of land use control districts, one or more of the
following guidelines shall be used, as appropriate:
401.1. 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.
401.2. Where the map indicates a boundary approximately upon a lot line, such lot line
shall be construed to be said boundary.
401.3. Where boundaries are shown approximately parallel to a street, highway, railroad
or lakeshore such boundaries shall be construed to be 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.
IV-1
402.0. 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.
402.1. 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. Regulations and development standards
should be kept to the minimum necessary to assist farm operators to
maintain the viability of their businesses.
402.2. Lakeshore M4 District. The intent of the Ll is to designate areas that
are adjacent or have access to the shoreline of Cayuga Lake and are
environmentally sensitive. Continued residential and limited non-
residential development 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.
402.3. Residential Low Density (RI) District. The intent of the R1 District is to
designate areas where agriculture is still occurring and has been the
historic use of land, and where concentrations of nonfarm development,
primarily one and two family residential, are also occurring. 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 R1 District are intended to limit density
and, based on soil conditions and land accessibility, reduce the number of
nonfarm uses that are con-idered suitable.
402.4. _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 density higher
than the R1 District. 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.
IV-2
402.5. Residential Mixed Use R3 District. The intent of the R3 District is to
designate areas where the use of land is slowly changing from agriculture
to nonagriculture, primarily residential. R3 Districts are essentially the
same as RI Districts. In the R3 District, however, mobile homes on
individual lots and additional retail trade in a home are believed to be
desirable and suitable under certain conditions and circumstances.
Regulations and standards in the R3 District are intended to limit density
and establish the criteria and conditions for mobile home development and
for the retail use of land.
402.6. Commercial General & Mixed Use (81) District. The intent of the B I
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 BI 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.
402.7 Industrial-Research IR 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.
IV-3
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 for in SCHEDULE I (Sec. 503.). Regulations relating to
lot size, yards, building height, coverage and so forth are set forth in
SCHEDULE 11 (Sec. 504.). Said Schedules 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. X111 hereof.
502.0. SITE PLAN APPROVAL
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. V11 of this Ordinance.
503.0. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES
(Following)
504.0. SCHEDULE 11: AREA, FRONTAGE YARD HEIGHT AND
COVERAGE REQUIREMENTS. (Following Schedule I)
V-1
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF
LANSING
1 2 g 4 5 6 7
p = Permitted as of Right
LLSCSA
al Conditions A w
(see Sec.802) w
al Use Permit
red (see Sec. w
¢H w ¢ a
ermitted '- "' '~E-'
lan Review � Q wAired (see Sec.701) ir,3 o w o Q
�¢ a ° x U z
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 IR
A. RESIDENTIAL USES
P P P P 1' P N
1. Dwelli one-famil
2. Dwelling, two-famil P P P P P P N
I Dwelling, conversion of existing 502.0* 502.0* 502.0* 502.0* 502.0* N
building into three or four dwelling P
units
4. Dw,--Iling, multi-family including 502 0* N N 502.0* N 502.0* N
apartment and condominium
5 22.0* N N 502.0* N 502.0* N
5. Dwelli , townhouse
p P SC* SC* SC* SC* N
6. Dwelling, retirement housing 802.1. 802.1. 802.1.
7. Dwelliil,, accessory P P P P P P P
8. Dwelling, ECHO housing SC SC SC SC SC SC*
(see Definitions) P 802.21. 802.21. 802.21. 802.21. 802.21. 802.21.
9. Dwelli 44, mobile home
P P N N P N N
SC SC N N N
10. Mobile home park 802.3. 802.3. N N
SC* SC* SC* SC* SC* N N I
11. Cluster housing 802.1. 802.1. 802.1. 802.1. 802.1.
12. Cabin or cottage for seasonal P p P P P N N
occ anc
L
3 Accessory use related to residential P P P p 0 P
velo merit
eeping of a customary household P P p P P P P
t (see Definitions -
V-2
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF
LANSING
1 2 3 4 5 6 7
P = Permitted as of Right W w
Sc = Special Conditions A v
Apply (see Sec.802) W w U
SP = Special Use Permit E~ >C X w
Required (see Sec. z
w
803) 9 w ¢� A
N = Not Permitted H v ¢
a
* = Site Plan Review � A w
Required (see Sec.701) u A A w A
a ruay�3 rCn A Cn A
rx Q w° 0O A
z
F:LAND USE OR ACTIVITY RA L 1 R1 R2 R3 B 1 IR
B. COMMUNITY USES.
1. Government building; public school P P P P P P N
2. Church, place of public worship and SC SC* SC* SC* SC* SC* N
related facility 802.0 802.4 802.4 802.4 802.4 802.4
3. Community residence P P P P P P N
4. Playground,park, noncommercial P P P P P P p
5. Public or private club except rod P SP N N P SC* SC*
and gun 803.1. 802.1. 802.1.
6. Rod and gun club SP 803.1 N N N N N N
SC*
7. Cemetery 802 7 N N N N N N
C. BUSINESS USES
1. Fanning - crops P P P P P P P
2. Farmi dairy P N N N P N P
3. Farming -poultry P N N N P N p
4. Farming - livestock P N N N P N p
5. 4H;similar educational husbandry P P P 1' P P
I -pro Trams see Definitions
6. Commercial plant nursery; * * *
greenhouse P p 802.8. 802.8. p 802.8. P
V-3
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF
LANSING
1 2 3 4 5 6 7
P = Permitted as of Right w w
SC = Special Conditions UA
Apply (see Sec.802) A
SP = Special Use Permit
� w
Required (see Sec. , w _
803) H ¢A a
N = Not Permitted
= Site Plan Review � x w z¢ w
w ww w
Required (see Sec.701) e v w A A A Q A
3 �D
P4 PS >i a ° z
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 IR
1-7. Roadside stand P P P P P P P
8. Bed and breakfast facilityP P P. P P P N
9. Roomi>> house; tourist home P P P P P P P
SC SC* SC* SC* SC* SC* N
II 10. Nursery school; day care facility 802.0 802.5 802.5 802.5 802.5 802.5
11. Nursing home; hospital; health P SC* SC* SC* SC* SC* N
related clinic 802.6 802.6 802.6 802.6 802.6
12. Residential(home)business or P SC SC SC SC P P
occu 802.9. 802.9. 802.9. 802.9.
ation
P SC* SC* SC* SC* SC* P
13. Funeral home 802.10 802.10 802.10 802.10 802.10
14. Public stable, Keeping or raising of P SP 3. 3. P N N
horses or ones 803.1. 803.2.7 803.2.7
SP* N SC*
15. Kennel; animal boarding P N N N 803.2.2. 802.11
SP SP SP SP SP SP
16. Veterinary hospital P 803.2.3. 803.2.3. 803.2.3. 803.2.3. 803.2.3. 803.2.3.
17. Commercial recreation outdoors P P P P P P P
without motors
18. Commercial recreation outdoors SP SP N N N SP SP
with motors
19. Commercial recreation indoors P P P P P P P
20. Commercial premises with liquor P SP N N SP SP SP
licernse.
21. Motel; hotel SP* P N N P P P803.1
V-4
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF
LANSING
1 2 3 4 5 6 7
P = Permitted as of Right w w
SC = Special Conditions
Apply (see Sec.802) w ¢
SP = Special Use Permit
GO
Required (see Sec. z
803) ¢ A a
N = Not Permitted a - z ~"E• ~" ¢
= Site Plan Review � wA w w w E-
Required (see Sec.701) A 3 A A A
o z
x¢ a � a o
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B 1 IR
22. Professional office P P N SP P P P
803.2.4.
23. Bank; financial institution P N N N N
SC SC
802.0. 802.0.
24. Retail sales, specialty: antiques, P SC N N SC P SC
crafts and similar independent facility 802.0. 802.0. 802.0.
25. Retail sales, general: food, clothing,
furniture, floor covering, hardware,
variety, lawn and garden supply,
pets and similar goods and items, SC SC
paint, lumber and other building P N N N N 802.0. 802 0.
materials and supplies, industrial or
agricultural equipment and supplies,
plumbing, HVAC, electrical supplies
and equipment
26. Retail sales, services and storage; P SC N N N SC SC
marine and water oriented 802.0. 802.0. 802.0.
27. Retail sales: mobile home, RV,
snowmobile and similar items P N N N N SC SC
requiring outdoor storage, new and 802.0. 802.0.
used car sales, service and repair
28. Restaurant or tavern(except fast food) P SP N N. N SC SC
803.1. 802.13. 802.0.
29. Fast food restaurant P SP* N N N SP* SP*
803.1. 803.1. 803.1.
30. Barberibeauty shop and similar SC SC SC SC
pec�.)iinO �rrvu'es (Not as d i,.'riiC I' N N
business)
I -
* *
31. Convenience(mini) mart P 803.1. 803.1. 803.1.
N N N S
V-5
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF
LANSING -
1 2 3 4 5 i 6 7
P = Permitted as of Right W
x
SC = Special Conditions A v
Apply (see Sec.802) A
X W
SP = Special Use Permit
Required (see Sec. , w
803) w v
N = Not Permitted N H
Site Plan Review � x W w w a W
�n AA AW A
Required (see Sec.701) 3 A ; A
a¢ a� a ° z
LAND USE OR ACTIVITY RA L1 R1 R2 R3 B1 IR
32. "Mini" commercial warehouse for P SC SC N SC SC
self- storage 802.0. N 802.0. 802.0. 802.0.
33. Vehicular fuel and service (except P N N N N SP SP*body work), and car wash 803.1. 803.2.5
N N SC SC
34. Laundry (self service) P N N 802.0. 802.0.
35. Adult book novelty store SP N N N N N N803.2.8.
SP
I 36. Adult entertainment 803.2.8. N N N N N N
D. INDUSTRIAL/RESEARCH
USES
1. Warehouse, storage or wholesaling SC SC SC SC SC
of nonagricultural goods or 802.0. N N 802.0. 802.0. 802.0. 802.0.
materials
2. Printing and publishing (not a home SC N N SC SC SC SC
business) 802.0. 802.0. 802.0. 802.0. 802.0.
3. Commercial assembly:jewelry,
leather, fabric, scientific instruments SC SC SC SC
and similar small items, General P N N 802.0. 802.0. 802.0. 802.0.
processing, light manufacturing,
assembly (not a home business)
4. Agricultural, industrial or educational SC SC SC SC
research, design and production of P N N 802.0. 802.0. 802.0. 802.0.
roto[Y
5. Use of accessory farm buildings for SC SC SC SC
sale of farm commodities, light P N N 802.0. 802.0. 802.0. 802.0.
fabrication or assembl
V-6
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES, TOWN OF
LANSING
1 2 3 4 5 6 7
P = Permitted as of Right W w
Cn
SC = Special Conditions x
Apply (see Sec.802)
SP = Special Use Permit >< w
Required (see Sec. z
W
N = Not)Permitted a W Q v Q
* = Site Plan Review x w w
Required (see Sec.701)
as a° a z
LAND USE OR ACTIVITY RA L1 R1 =R2R3 Bl IR
6. Commercial excavation: rock, sand, SC N N N N. N SC
gravel, salt and similar nroducts 802.0. 802_0.
7. Natural resource exploration SC SC SC SC SC SC SC
802.0. 802.15. 802.15. 802.15. 802.15. 802.15 802.15.
8. Truck or motor freight terminal *g02.14. N N N N SC Sc
802.0. 802.0.
9. Vehicle body shop, not as part of P N N N N SP SP
new or used car sales and service 803.1. 803.1.
10. Scientific research laboratory 802.0. N N N SC
802.0. 80 C 80 0.
E. UTILITY AND
MISCELLANEOUS USES
SP SP SP SP SP SP SP
I. Planned development area 706.0. 706.0. 706.0. 1 706.0. 706.0. 706.0. 706.0.
2. Sign/billboard SC SC SC SC SC SC Sc
802.16. 802.16. 802.16. 802.16. 802.16. 802.16. 802.16.
3. Public utility service and distribution
including gas, electric, telephone,
water and sewer, TV cable, but P P P P P P P
excluding substations, storage yards
and transmissions towers
4. Utility substation, electric or gas SP SP SP SP SP SP SP
transmission lines 803.1. 803.1. 803.1. 803.1. 803.1. 803.1. 803.1.
�:
5. Wind energy source P SP SP SP SP803.0. 803.0. 803.0. 803.0. 803.0. P
V-7
SEC. 503. SCHEDULE I: SCHEDULE OF LAND USES OR ACTIVITIES. TOWN OF
LANSING -
1 2 3 4 5 6 7
P = Permitted as of Right C4
x x x
SC = Special Conditions A w
Apply (see Sec.802) X w
SP = Special Use Permit
Required (see Sec. , w
803) Cn
w ¢ ¢w
N = Not Permitted o z z
x = Site Plan Review �D M w A w w w
A
Required (see Sec.701) ¢ 3 A A Q
0 W O A
LAND USE OR ACTIVITY RA Ll R1 R2 R3 B1 IR
6. Solar panel and similar alternative P P P P P P P
domestic energy source
7. Solid waste recycling or transfer SP N N SP SP
operation 803.1.
N N 803.1. 803.1.
N N
8. Solid waste landfill N N N N N
9. Communication tower for the Sc*
commercial or public sector Sc* N N N N N 802.18.
reception or transmission of 802.18.
electronic signals
Sc N N N N N N
10. Junkyard 802.19.
11. Toxic waste disposal
N N N N N N N
V-8
TABLE OF CONTENTS
I. TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
H. PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
III. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
IV. LAND USE CONTROL AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
400.0. Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
401.0. Determination of Boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
402.0. Description of Districts -Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-2
V. DISTRICT REGULATIONS AND SCHEDULES . . . . . . . . . . . . . . . . . . . V-1
SCHEDULE I: Land Uses or Activities . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . V_2
SCHEDULE II: Area, Frontage, Yazd Requirements. . . . . . . . . . . . . . . . . . . . . V-9
VI. GENERAL PROVISIONS . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
601.0. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
602.0. Health Department Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
603.0. Future Public Water of Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
604.0. Two Uses in One Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-2
605.0. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-2
606.0. Obstruction of Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-2
607.0. Lot in Two Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-2
608.0. Drainageways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-3
609.0. Rubbish and Junk . . . . . . . . . . . . . . . . . . VI-3
610.0. SEQR Requirements . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . VI-3
VII. SUPPLEMENTARY REGULATIONS. . . . . . . . . . . . . . . . . . . . . VII-1
701.0. Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
701.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
701.2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . VII-1
701.3 Land Use Activities Exempt . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
701.4. Standards for Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . VII-2
701.5. Review Procedure . . . . . . . . . . . . . . VII-3
701.6. Approval Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . VII-4
701.7. Referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-5
701.8. Building Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-5
702.0. Flood Plains . . . . . . . . . . . . . . . . . . _ VII-5
703.0. Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ VII-5
704.0. Private Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . VII-6
705.0. Airport Hazard Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-6
706.0. Planned Development Area . . . . . . . . . VII-6
VIII. SPECIAL CONDITIONS AND SPECIAL USE PERMITS . . . . . . . . . . VIII-1
802.0. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... VIII-1
802.2. Dwelling, Mobile Home. . . . . . . . . . . . . . . . . . . . . . . . . . . . VI II-1
802.3. Mobile Home Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VIII-2
802.4. Church,Place of Public Worship . . . . . . . . . . . . . . . . . . . .VIII-2
802.5. Nursery School: Day Care Facility . . . . . . . . . . . . . . . . . . .M-2
802.6. Nursing Home: Hospital;Health Related Clinic . . . . . . . . .VIII-2
802.7. Cemetery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VIII-2
802.8. Commercial Plant Nursery. . . . . . . . . . . . . . . . . . . . . . . . . .VIII-3
802.9. Residential(home)Business or Occupation . . . . . . . . . . . .VIII-3
802.10. Funeral Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VIII-3
802.11. Kennel: Animal Boarding . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
802.12. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIE-4
802.13. Restaurant,Tavern(except fast food) . . . . . . . . . . . . . . . . . VM-4
802.14. New and Used Car Sales,Service&Repair:Truck Terminal . . .VIII-4
802.15. Natural Resource Exploration . . . . . . . . . . . . . . . . . . . . . . . VIQ-4
802.16. Sign/Billboard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-4
802.17. Public Utility Substation; Transmission Line . . . . . . . . . . . VIII-4
802.18. Communication Tower . . . .. . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
802.19. Junkyard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
802.20. Retail Sales, Specialty: Antiques,Crafts . . . . . . . . . . . . . . VIII-5
802.21. ECHO Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
803.0. Special Use Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
803.1. General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
803.2. Specific Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-6
803.2.1. Site Plan Approval . . . . . . . . . . . . . . . . . . VIII-6
803.2.2. Kennel; Animal Boarding . . . . . . . . . . . . . . . . . VIII-6
803.2.3. Veterinary Hospital . . . . . . . . . . . . . . . . . . . . . . . . VIII-7
803.2.4. Professional or Business Office . . . . . . . . . . . . . . . VIII-7
803.2.5. Vehicular Fuel and Service;New&Used Car Sales,
Service, Repair . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-7
803.2.6. Commercial Excavation . . . . . . . . . . . . . . . . . . . . VIII-7
803.2.7. Keeping or Raising of Horses or Ponies . . . . . . . . . VIII-7
803.2.8. Adult Book/Novelty Store; Adult Entertainment . . VIII-8
803.3. Procedure for Special Use Permit . . . . . . . . . . . . . . . . . . . . . VIII-8
803.4. Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-8
IX. PARKING AND LOADING - - . . . . . . . . . . IX-1
900.0. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1
901.0. Off-Street Parking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1
902.0. Off-Street Loading Requirements . . . . . . . . . . . . . . . . . . . . . . . . . IX-2
903.0. Conflict with Other Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . IX-2
904.0. Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-2
Schedule III: Off Street Parking Requirements . . . . . . . . . . . . . . . . . . . . . . IX-3
X. NONCONFORMING USES . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .X-1
1001.0. Continuance . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . ..... .X-1
1002.0. Permission to Alter or Enlarge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X-1
1003.0. Changes . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . X-1
1004.0. Restoration and Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X-1
1005.0. Transference . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .X-2
1006.0. Reversion . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .X-2
1007.0. Abandonment or Discontinuance . . . . . . . . . . . . . . . . . . . .. . . . . . . .X-2
1008.0. District Changes . . . . . . . . . . ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . X-2
1009.0. Previously Prepared Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X-2
XI. ADMINISTRATION (Enforcement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-1
1100.0. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-1
1100.1. Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-1
1100.2. Building Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-1
1100.3. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . XI-1
1100.4. Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-1
1101.0. Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-2
1102.0. Health Department Requirements . . . . . . . . . . . . . . ... . . . . . . . . . . . XI-2
XII. APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1
1200.0. Zoning Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1
XIII. AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-1
XIV. VIOLATIONS AND PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-2
XV. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV-1
APPENDIX I: DEFINITIONS
APPENDIX II: CELL TOWER ORDINANCE
APPENDIX II: JUNKYARD STORAGE ORDINANCE
APPENDIX IV: ADULT ENTERTAINMENT ORDINANCE
4�
LAND USE CONTROL ORDINANCE
FOR THE
TOWN OF LANSING
Date Hearing Set: 5/21/73
Date of Hearing: 6/04/73
Date of Adoption: 6/04/73
Date Published: 6/18/73
This incorporates the amendments of the Ordinances listed below.
The original Ordinances are on file with the Town Clerk.
Date Hearing Set: 4/16/74 10/16/74 9/09/75 4/24/79 5/20/98 1/3/01
Date of Hearing: 4/30/74 10/29/74 9/30/75 5/08/79 6/24/98 1/17/01
Date of Adoption: 4/30/74 10/29/74 9/30/75 5/08/79 7/01/98 1/17/01
Ordinance Department
Town of Lansing, New York
January 17, 2001
ARTICLE VI: GENERAL PROVISION
600.0. Except as hereinafter provided, the following general provisions shall
apply to land use and development in the Town of Lansing:
601.0. APPLICABELFFY
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 small 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 or siting of a mobile home requiring a sewage disposal system, or
602.3. Alteration, 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, as may be
indicated in the Comprehensive Plan, lot regulations for areas "with public
water or sewers available", as set for in SCHEDULE II, will be permitted
ii: s;,'division design when at h:ast every other lot is left vacanl- until
VI-1
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 alternative lots until public water or sewers have been made available.
604.0. TWO USES IN ONE STRUCTURE
If a residential and nonresidential use 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 unroofed porches or terraces or similar feature.
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 mhess stich Aaws. are specifically included in
SCHEDULE I of this Ordinance.
606.0. OBSTRUCTION OF VISION
For safety reasons, no structure, fence or planting over 3 feet in height, and
no branches less than 10 feet from the ground, shall be permitted 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 y
their intersection. Any fence or - VISION
planting that does not conform to the TRIANGLE
requirements of this section and thereby
results in an obstruction to the vision of
motorists shall be corrected within one ROAD
year from the date a notice thereof has 25'
been sent to the property owner by the
Code Enforcement Officer.
607.0. LOT IN TWO DISTRICTS
When a lot is divided by a district boundary line the regulations and
requirements of other district may be extended for a distance of 50 feet
into the other district, at the lot owner's discretion.
VI-2
608.0. DRAINAGEWAYS
Natural drainageways shall be preserved and shall be kept free of debris or
other obstructions to water flow. Where relocation of a natural
drainageway cannot be avoided it must be located in a way that will assure
the unobstructed flow of storm water.
609.0. RUBBISH AND JUNK
Lots shall be kept free from abandoned or inoperable vehicles, discarded
building material, appliances and furniture, and all forms of rubbish and
junk. (see Definitions and Junk Storage Ordinance)
610.0. SEAR REQUIREMENTS
No discretionary action required by this Ordinance, shall be taken until
there has been compliance with applicable provisions of 6NYCRR Part
617 (SEQR) and an environmental determination has been made by the
lead agency.
VI-3
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. 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 District as a means of
accomplishing objectives of the Comprehensive Plan for this district.
701.0. SITE PLAN REVIEW
701.1. Purpose. The intent of this Sec. 701 is to provide for Town 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.
701.1.3. Preserving and enhancing 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 the 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:
VII-1
701.3.1. Any project, activity or action related to agriculture as defined in Appendix I of
this Ordinance.
701.3.2. New construction of a one or two family dwelling unit,and related accessory
structures,as these terms are defined in Appendix I of this Ordinance.
701.3.3. Normal maintenance or repair.
701.3.4. 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 Town 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 Town Board resolution, 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 concerns specifically related to a particular site, as
may be identified and described in writing by the Town Board.
701.4.1. Storm Water DrainaL e. 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.
701.4.2. Erosion Control. Development on erodible soils, or on slopes greater than ten
percent, shall include an erosion control plan designed to minimize erosion during
construction and after construction has been completed..
701.4.3. Off-street Parkins;. Parking areas, if any, shall be determined to be adequate in
terms of area, safe access thereto and surface water drainage. The Town 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. Driveways. 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.
VII-2
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 Impacts. 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 Town Board determines by resolution that
special conditions exist that could adversely affect the proposed development, or
negatively impact adjacent land, additional information and considerations may be
required as part of the site plan review process.
701.4.9. Other Re ulations. All other applicable State, County and local laws and
regulations shall be complied with.
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 Town 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�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.
VII-3
g. The location of any flood plain designated by the National Flood
Insurance Program.
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.
k. Proposed water source and sewage disposal system.
1. The location 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.
Any of the above site plan application requirements may, on the applicant's
request, be waived by the Town Board if circumstances warrant. The Town
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. Site Plan Approval Procedure
701.6.1. SEAR. The Town 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. Hearin. Before a decision is made on an application for site plan approval, the
Town Board may hold a public hearing on such application. The hearing shall be
held within 45 days from the date a completed application is submitted to the
Code Enforcement officer and an environmental determination 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 disaorrove !he application shall be made by the Town Board.
VII-4
Such 45 day period will be extended if the environmental review process has not
been completed and may also be extended by mutual consent of the
applicant and the Board.
701.7. Referral
Before taking action on certain site plan applications they must be submitted by
the Town Board to the County Planning Department in accordance with Sec.
239 in of General Municipal Law.
701.8. Buildin;; Permit
When an application for approval of a site plan has been approved in
accordance with the provisions of this Sec. 701., a building permit, if required,
shall be issued by the Code Enforcement Officer if there is also compliance with
other applicable State, County and local code requirements. All required
modification or conditions established as a result of the site plan review process
shall be conditions of the building permit.
702.0. FLOOD PLAINS
702.1. Location. Flood plain 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 flood 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.
VII-5
704.0 PRIVATE ROADS
A private road(see DEFINITIONS) will be permitted in all zoning districts in
the Town of Lansing when the following criteria have been met:
704.1. The location of such road has been approved by the Town Board either as part
of the subdivision approval process or as part of the site plan review process.
704.2. Such road is to be located on a permanent easement at least 20 feet wide.
705.0. AIRPORT HAZARD AREA
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
Tompkins County Airport.
706.0. PLANNED DEVELOPMENT AREA(PDA)
706.1. Puri)ose. The purpose 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 siting 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 typt; of pre-regulation, regulatory rigidity and uniformity that
VII-6
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:
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 area.
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 smatter.:netm orks of wilities and reads and
thereby lower housing and community costs.
706.2.6. A development pattern in harmony with the objectives of the Comprehensive
Plan.
706.3. General Considerations.
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 r:eighborhood intemis of op nn space,-safe
vehicular and pedestrian traffic movornerxt, parking, maintenar_�;e costs,
landscaping, preservation of natural features and an improved living environment.
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706.4. Preliminary Proposal
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:
706.4.1. A sketch plan showing items specified in Sec. 701.5.2.
706.4.2. A narrative explanation of the character and purpose of the Planned Development
including the type and density of any housing proposed,the water supply and
sewage disposal systems proposed, a general statement of proposed financing and
an indication of the expected timetable for development.
706.4.3. A completed full environmental assessment form,Part 1. (SEQR, Sec. 617.20
Appendix A)
706.5. Developer's Conference
Within 45 days after receipt of the Preliminary Proposal,the Planning Board shall
schedule a conference with the applicant to review the proposed Planned
Development 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, including a determination on whether an environmental impact
statement will be required.
After such conference, if the applicant wishes to proceed with the Planned
Development, a written Statement of Intent to Comply with the conditions and
specifications, as established, shall be submitted to the Planning Board. If
agreement on 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.
706.6. Approval of Statement of Intent to Comply
Upon receipt of the applicant's Statement of Intent to Comply with the
established conditions, the Planing Board shall,within 30 days, forward to
the Town Board its recommendation to conditionally approve the development
subject to such conditions and to completion of the required environmental
review. Such approval report shall include:
VII-8
706.6.1. A statement as to the effect of the proposed PDA on the objectives of the
Comprehensive Plan and the character of the neighborhood.
706.6.2. A statement identifying potential significant adverse impacts that should be
included in an environmental review.
706.6.3. A statement of the conditions and covenants that shall be followed by the
applicant in developing the proposed planned development.
706.6.4. The applicant's Statement of Intent to Comply with the required conditions.
706.6.5. A recommendation on the amount and type of performance guarantee which the
developer should provide.
706.7 Approval of the Planned Development Area
706.7.1. Within forty-five 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 ten days after such public hearing
the Town Board shall approve conditionally or disapprove the proposed PDA.
706.7.2. 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.
706.7.3. Conditional approval shall remain valid for a period of one year, unless extended
by the Town Board, and shall be subject to acceptance of a Final Development
Plan by the Town.
706.8. Final Development Plan
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:
706.8.1. Drawings showing proposed land use activities, the location of all buildings and
on-site parking, the location, with dimensions 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.
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706.8.2. 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.
706.8.3. 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.
706.9. Town Board Action on a Final Development Plan
Within 45 days,the Town Board shall act to approve, with or without conditions,
or disapprove the Final Development Plan. Upon approval, the Board shall
authorize the Code Enforcement Officer to locate the PDA on the zoning map and
to issue a building permit for the project if all other applicable codes and
regulations have been complies with.
706.10. Review
706.10.1. One year from the date of conditional approval by the Town Board(Sec. 706.1.
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.
706.10.2. 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.
706.11. Control of Planned Development
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.
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706.12. Certificate of Occut)ang
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.
706.13. Subdivision of a Planned Development Area
The provisions of Sec. 706.11., 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 See. 706. for an amendment to the Final
Development Plan.
706.14. 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 PURPOSE
The purpose 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.
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. 705.0., 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 approval has been obtained pursuant to
Sec. 701 of this Ordinance, and all other applicable regulations have been
complied with.
802.2. DWELLING MOBILE HOME IN Ll AND R3 DISTRICTS
Permitted when it can be shown that such mobile home complies with the
current NYS Uniform Fire Protection and Building Code.
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802.3. MOBILE HOME PARK IN RA AND Ll DISTRICTS
Permitted when such parks are in compliance with Lansing Mobile Home
Park Regulations.
802.4 CHURCH. PLACE OF PUBLIC WORSHIP AND RELATED
FACILITY IN RA, Ll, RL R2, R3, AND B1 DISTRICTS
Permitted when:
a. Such use is registered with the State of New York.
b. In LI, RI, R2, R3, and B1 Districts, a site plan has been approved
in accordance with applicable provisions of Sec. 701.
802.5. NURSERY SCHOOL; DAY CARE FACILITY IN_LL Rl. R2, R1
AND B1 DISTRICTS
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 IN
L1 R1 R2 R3. AND B1 DISTRICTS
Permitted when:
a. A site plan has been approved in accordance with applicable
provisions of Sec. 701.
802.7 CEMETERY IN RA DISTRICT
Town Board approval required.
802.8. COMMERCIAL PLANT NURSERY; GREENHOUSE IN R2 AND
B1 DISTRICTS
Permitted when:
a. Access and parking is located and designed so that backing onto a
roadway is not necessary.
b. A site plan has been approved ;r, acc�•rdance .-;itr anrlicrb!
provisions of Sec. 701.
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802.9. RESIDENTIAL (HOME) BUSINESS OR OCCUPATION IN LL R1
R2, AND R3 DISTRICTS
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.
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 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 IN L1, RI, R2, RI AND B1 DISTRICTS
Permitted when:
a. A site plan has been approved in accordance with applicable
provisions of Sec. 701.
802.11. KENNEL, ANIMAL BOARDING IN IR DISTRICTS
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.
A site plan has been -,pproved in accordance with applicab'.P
pi ovis;uns of Sec. 70i.
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802.12. Reserved
802.13. RESTAURANT,TAVERN(EXCEPT FAST FOOD) IN B1 DISTRICT
Permitted when:
a. There is no outside, exposed storage of garbage or waste material
that is visible from any public road.
802,14. NEW AND USED CAR SALES, SERVICE AND REPAIR IN B1
DISTRICT TRUCK OR MOTOR FREIGHT TERMINAL IN RA
DISTRICT
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. A site plan has been approved in accordance with applicable
provisions of Sec. 701.
802.15 NATURAL RESOURCE EXPLORATION IN L1 R1 R2 R3 B1
AND IR DISTRICTS
Town Board approval required for any exploration that is to take place for
longer than 30 working days.
802,16. SIGN/BILLBOARD IN ALL DISTRICTS
Permitted when in compliance with the Town of Lansing Sign Ordinance.
802.17 PUBLIC UTILITY SUBSTATION OR STORAGE YARD-
ELECTRIC OR GAS TRANSMISSION LINE IN RA. L1. RI. R3.
B1,AND IR DISTRICTS
Permitted when:
a. Town Board approval has been obtained.
b. A site plan has been approved in accordance with applicable
provisions of Sec. 701.
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802.18 COMMUNICATION TOWER FOR THE COMMERCIAL OR
PUBLIC SECTOR RECEPTION OR TRANSMISSION OF
ELECTRONIC SIGNALS IN RA AND IR DISTRICTS
Permitted when in compliance with Town of Lansing Cellular Tower
Ordinance which is incorporated herein by reference and attached hereto.
802.19 JUNKYARD IN RA DISTRICT
Must be in compliance with the Town of Lansing Junkyard Storage
Ordinance which has been adopted by the Town of Lansing on January 21,
1998, and as amended thereafter.
802.20. RETAIL SALES, SPECIALTY: ANTIQUES, CRAFTS AND
SIMILAR INDEPENDENT FACILITY IN LI DISTRICT
Permitted when such activity is conducted in a dwelling which is occupied
by its owner or a building accessory to such owner-occupied dwelling.
802.21_ DWELLING, ECHO HOUSING IN LL RI, R2, R3, B1 AND IR
DISTRICTS
Permitted when:
a. The ECHO unit is designed for temporary installation and is to be
removed within 60 days after the need for such unit has passed.
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 by the Town Board.
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 affects 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, that 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 Ordnance. The Town Board shall
determine:
VIII-5
803.1.1. 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 1.2. 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 1.3. That the 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 1.4. That the proposed land use activity will not result in excessive erosion and
will not increase surface water runoff onto abutting properties.
803.1.5. That any proposed water and/or sewage disposal system is determined by
appropriate jurisdictional authority to be adequate.
803.1.6. That vibration, glare, heat or noise anticipated from the proposed use can
be mitigated to prevent onerous conditions for any existing residence on
adjacent or nearby property.
803.2. SPECIFIC 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 APPROVAL
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 Town Board for review in
accordance with the provisions of Sec. 701. of this Ordinance.
803.2.2. KENNEL; ANIMAL BOARDING IN R3 DISTRICT
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.
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803.2.3. VETERINARY HOSPITAL IN L1,R1, R2,RI BI AND IR DISTRICTS
Permitted when:
a. The facility is completely enclosed and there are no open boarding
or exercise facilities.
b. There is no outdoor storage of refuse, feed or other materials and
no on-site incineration of refuse.
C. Such facility is designed and operated so that it does not produce
noise or odors that disturb adjoining property.
803.2.4. PROFESSIONAL OFFICE IN R2 DISTRICT
Permitted when:
a. Exterior and interior lighting arrangements produce no glare on
adjacent properties.
b. A site plan has been approved in accordance with Sec. 803.2.1.
803.2.5. VEHICULAR FUEL AND SERVICE (EXCEPT BODY WORK):
NEW AND USED CAR SALES, SERVICE AND REPAIR IN IR
DISTRICT.
Permitted when:
a. Driveways and curb cuts are clearly defined.
b. A site plan has been approved in accordance with Sec. 803.2.1.
803.2.6. COMMERCIAL EXCAVATION: ROCK. SAND, GRAVEL. SALT
AND SIMH AR PRODUCTS IN RA, AND IR DISTRICTS
Permitted when the provisions of the NYS Mind Land Reclamation Act
are complied with.
803.2.7 KEEPING OR RAISING OF HORSES OR PONIES IN RI AND R2
DISTRICTS
Permitted when there are at least one acre of fenced pasture for each horse,
one half acre of fenced pasture for each pony and one half acre of fenced
pasture for each miniature pony.
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803.2.8. ADULT BOOK/NOVELTY STORE; ADULT ENTERTAINMENT
ESTABLISHMENT IN RA DISTRICT
Permitted when:
a. In compliance with existing local ordinance on adult entertainment
which is incorporated herein by reference and attached hereto.
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 Town Board if site plan
review is required.
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 Town Board in reaching its determination.
Information to be submitted for site plan review is specified in Sec. 701.6.
of this Ordinance.
803.3.3 Public Hearinp- and_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 Count" Planning Department. If applicable, the application
shall be referred to the Tompkins County Planning Department in
accordance with Sections 239 1 and in of General Municipal Law.
803.3.5, SE R. The authorized board shall comply with the provisions of
6NYCRR 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. Exidration. 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 determine by the Town Board. One or more 12 month
extensions may be granted by the Town Board.
VIII-8
ARTICLE IX: PARKING AND LOADING
900.0. PURPOSE
The purpose of this Article is to assure that all nonfarm 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. Parking 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 nonresidential 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. Screening and Landscaping
In business and industrial districts, and for nonresidential land uses in other
districts, off-street parking areas adjacent to an existing residence shall provide a
buffer strip (see definition in Appendix I) designed to screen the parking area
from such adjacent residence.
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901.5. Parking 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 of onto any adjacent roadway.
902.0. OFF-STREET LOADING RE UIREMENTS
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 3 5 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.
IX-2
SCHEDULE III: MINIMUM OFF-STREET PARKING REQUIREMENTS,
TOWN OF LANSING
Space
Land Use or Activity Requirements'
l. 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 units. . . . . . . . . . . . . . . . . 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
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 leasable floor area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
11. Nursery school or pre-school day care: for each person
onstaff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.25
When calculations indicate that a partial space is required, a full space shall be provided.
Example: a genera! .retail sales facility with 4,350 sq. ft. of gross floor area would require
i"I.4. spaces vided by 250). 18 spaces should be orov:u eu.
IX-3
Space
Land Use or Activity 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
floorarea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
IX-4
ARTICLE X: NONCONFORMING USES
1000.0. PURPOSE
The purpose of this Article I 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 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 11
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 Board of Appeals
may, upon written request, permit the expansion, extension, enlargement,
replacement of, movement of, or addition to a nonconforming use or building.
1003.0. CHANGES
A nonconforming use may be changed to another nonconforming use only by
variance granted by the Board of Appeals.
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.
X-1
1005.0. TRANSFERENCE
Nonconfoming use rights remain with the land when title is transferred, subject
to the provisions of this Article I.
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 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
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 I 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.
X-2
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. Building-.Permit.
No building shall be erected, moved, enlarged or structurally altered,
and no excavation for any building shall be begun, and no land 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.
XI-1
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 regulations. 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.
1102.0. HEALTH DEPARTMENT REQUIREMENTS
No building permit or certificate of occupancy issued under the terms of
this Article XII shall become or remain valid unless the holder thereof
has complied with applicable rules and regulations of the Tompkins
County Health Department Sanitary Ordinance.
XI-2
ARTICLE XII: APPEALS
1200.0. ZONING BOARD OF APPEALS
There is hereby established a Zoning Board of Appeals which shall function in a
manner prescribed by the section of Town Law of the State of New York as it
relates to the Zoning Board of Appeals. (Town Law Section 267.)
XII-1
ARTICLE XHI: 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. REFERRAL
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. Referml to ounty Planning Board. Before taking final action on certain
proposed amendments to this Ordinance, the Town Board shall refer such
amendments to the Tompkins County Planning Board for a report thereon
pursuant to Sections 239-1 and m of Article 12-B of General Municipal Law.
1302.0. PUBLIC HEARIN
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 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 20 percent or more of the area of land included in such proposed
change or amendment, or by 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. APPWV OF PLATE: M DIFI ATI N ' OF ZONING
REGULATION
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 SeCLIon 28'L c_A-7ucl,, it: of Town Law
XIII-1
1305.0. PREEXISTING CONDITIONS UNAFFECTED
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: VIOLATIONS AND PENALTIES
1400.0. VIOLATIONS 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 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, alteration or use of building or land in,
violation of the requirements of this Ordinance.
XIII-2
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 ordinances
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. REPEAL
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
Xv-1
A.11 Buildim.Accesso . 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.
A.12. Building. Alteration of. Any exterior change, addition to or rearrangement of a building,
or any change in use from one activity to another, or moving of a building from on
location to another.
A.13 Buildin�, Area. The total area, as measured on a horizontal plane at the main grade level,
of the principal building and all accessory building, but excluding uncovered perches,
terraces, steps and paved areas.
A.14. Building Height. The vertical distance measured from finished grade to the highest point
of a flat roof, the deck line of a Mansard roof, and to the highest midpoint of a pitched
roof. On a hillside lot finished grad should b considered as the average finished grade on
the uphill side of the structure.
A.15. Buildin Lines. The lined that delineate the area within which a structure may be legally
erected.
A.16. Building, Nonconforming, A structure or building the size, dimension or location of
which was lawful prior to adoption of this Ordinance, but which fails by reason of such
adoption, revision or amendment, to conform to the present requirements of the zoning
district in which the said building is located. (See also Use, Nonconforming.)
A.17 Buildinty.. Principal. A building, including covered porches, within which is conducted the
principal use of the lot on which the building is situated. In a residence district, any
dwelling shall be deemed the principal for the lot on which it is situated.
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. A space partly underground and having more than one-half of its clear height
below the average level of the adjoining ground on all sides.
A.20. Church or other Place of 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
use.� for cr:n or recreation space.
2
APPENDIX I
DEFINITIONS
A.O. 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. Reserved for future use.
A.2. Reserved for future use.
A.3. Adult Residential Care Facili 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 3 or less
adults.
b. Facilities licensed and periodically inspected by the State of New York for 4 or
more adults.
A.4. AA rriAulture. 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.5 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.
A.6. Basement. A habitable space, partly below grade, which has one-half of its height,
measured from floor to ceiling, above the average established finished grade of the ground
adjoining the building. (See also Cellar.)
A.7. Bed and Breakfast. An owner-occupied one-unit dwelling within which overnight
accommodations are provided for transient guests in compliance with the NYS Uniform
Building Code, and including the serving of breakfast but not other meals as a routine
service.
A.8. Billboard. (See Sign-Outdoor Advertising Billboard.)
A.9. 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)
9. ;i, idin . Any structure where spat is ,_: tired cr e�acle�F,:
1
A.23. Commercial and Business Activi . 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.
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 the Ordinance, communication
tower does not include amateur radio (HAMS) installations.
A.26. Communi Residence State Rgquired. 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.27. Comprehensive Plan. A document showing proposed future land use and a circulation
system, among other things, titled "Town of Lansing Comprehensive Plan," adopted by
the Town Board, and as may subsequently be amended.
A.27.1 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.28. Congregate Housin_. 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 Community)
A.29. Conservation. The continuation of land in its natural state or for any use that will maintain
the land in essentially its natural state.
A.30. Convenience (Mini) Mart. A small commercial activity that may offer for sale
convenience goods, beverages and sundries, including motor fuel.
A.31. 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 a;c or confinement shall .►ot be provided for monetary gain
or as a business.
3
A.32. Day Care Facili . 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 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 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.33. Dependent Relative. A person who, for economic or medical reasons, is dependent on
another person who is related by blood, marriage or adoption.
A.34. 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.35. Drive-in. 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.36. Dwelling. A building, or part thereof, designed and used for year-round human habitation,
or intended to be so used, and which meet applicable requirements of the New York State
Uniform Fire Prevention and Building Code.
A.37 Dwellinu., Factory Manufactured. A one-family 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 purposed of this Ordinance, a mobile home
dwelling, as defined below, is not a factory manufactured dwelling.
A.37 1 Dwelling, Apartment. That portion of a larger dwelling consisting of one or more living
rooms, and occupied by the members of a family, which group of rooms is separated from
all other groups within the dwelling.
A.3& Dwelling, Mobile Home. A one-family dwelling that complies with the definitions of a
mobile home as defined by regulations of New York State and the U.S. Department of
Housing and Urban Development.
A.39. Dwelling, Multiple Family-. A building containing three or more dwelling units that are
independent of each other and have separate kitchens and bathroom facilities for each unit.
A.40. Dwellin Townhouse. A building containing two or more dwelling units, each of which
has one or two sidewalls in common with sidewalls of abutting units and are part, or lot
line, walls. May contain rental or for-sale housing.
A.41. Dwellin,. Two-Family. A detached building containing no more than two dwelling units.
4
A.42. Dwelling Unit. One or more rooms located within a Ikelling and providing complete
living accommodations for one family, including cooking and bathroom facilitates and an
independent entrance from the outside or from a common hall or entrance way. A one-
family dwelling.
A.43. Elder Cottage Housing Opportunity (ECHO Housing). Small, self-contained, portable
housing units that are designed for temporary used by one or two occupants and are
placed in the rear or side yards of an existing one-family dwelling.
A.44. Family. An individual, or two or more persons occupying a dwelling unit and living as a
single household.
A.45 Farm. A parcel of land that is used for the production of agricultural products, including
the necessary structures and equipment for the operation thereof, that has a minimum area
of 5 acres and that otherwise complies with the regulations of the NYS Board of
Equalization and Assessment.
A.46. Flood, Flooding. 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 sever
storms or unusual and rapid surface water runoff.
A.47. Flood, 100-Year. The highest level of flooding that, on average, is likely to occur every
100 years. The base flood.
A.48. 411/educational husbandry. Opportunities for young people desiring agricultural
experiences available through participation in a recognized educational program.
A.49. Frontae. (See Lot, Width)
A.50. Gara e 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.51. Garage, Private. A carport or enclosed building for use by the inhabitants of a dwelling.
A.52. Gasoline Service Station. See Motor Vehicle Service Station.
A.53. Greenhouse, Plant Nursery. Any building or structure in which light, temperature and
humidity can be controlled for the growing and protection of flowers and other plants that
are to be sold commercially.
A.54. Habitable Area. That area of a building designed to be occupied by one or more persons
for living, sleeping, eating or cooking, exclusive of cellars, garages and unheated
breezeways or porches.
5
A.55. Home Occu ation. 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.56. Junk. Any scrap, waste paper, rags, crap metal, white goods,junked automobiles 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.57. Junkyard. A lot or building, or part thereof, used for the collecting, storage or sale of
waste paper, rags, scrap metal, discarded appliances or similar discarded or waste
material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles
not licensed and in running condition, or for the sale and storage of parts thereof. An auto
salvage yard.
A.58. 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.59. Laboratory. 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.60. Landscaping, Landscaped. The use of lawns, trees, plants or other natural or decorative
features.
A.61 Land Use Activiti. Any action that c zcurs 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.62. L.ivin S ace. The sum of all habitable area, measured from centerline to centerline of
walls, but not including cellars, garages, carports, terraces decks and similar areas not
specifically designed to be living quarters.
A.63. 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.64. Lot Area. The total area within the property lines of a lot exclusive of streets, rights-of-
way and other public open space.
A.65 Lot. Corner. A lot or parcel of land abutting on two or more roads at their intersection,
or on two section of the same road.
6
A.66. 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.67 Lot Depth. The ground-level distancv,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.68 Lot, Flay. 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.)
A.69 Lot�erior. A lot other than a corner lot.
A.70. 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.71. 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 above, the front lot line of lake shore property on Cayuga Lake
shall be on the shoreline of the said property and the rear line shall face the road giving
access to said lakeshore lot.
A.72. Lot Nonconforming. A lot of record, existing on the date of adoption 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.71 Lot, The ground-level 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 II of this Ordinance.
A.74, 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.75. Mobile Home. See Dwelling, Mobile Home.
A.76. 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 nontransient use.
A.77. 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 and where off-street
parking facilitates baggage handling by guests.
A.78. Motor Vehicle Service Station. Any area of land, including structures thereon, that is
used for the sale of gasolire or other victor vehicle fuels, and oil and other lubricating
substances, and which may include the sale of motor vehicle accessories, NYS inspection
7
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.79. Nonconforming Lot or Use. See Lot, Nonconforming or Use, Nonconforming.
A.80. 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.81. 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.82. Occuyanc�� Seasonal. Occupancy of a structure, building or space for a total or
cumulative period that does not exceed six months in any calendar year.
A.83. 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.84. Open Stores. The holding of any material in such a way that the material is uncovered
and exposed to the elements of nature.
A.85. Parking Space. An area for the temporary storage and parking of motor vehicles and
which has at least nine feet of width, eighteen feet of length and seven feet of clear height,
together with adequate provision for maneuvering and access thereto.
A.86. Planned Development Area. A parcel of at least two 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.87. 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.88. 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.
8
A.89. Restaurant. A permanent structure used for the serving of meals, with table and chair
and/or counter facilities, but not including drive-in facilities and service. (see Drive-in.)
A.90. Retirement Community. Self contained housing development designed for, and marketed
to, older people, and providing minimal services.
A.91. 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.92. Road Street or Highway Highwgy Line. The line that is the common boundary line between the lot
and a road, street or highway right-of-way.
A.93. Roadside Stand. A stall or booth used for commercial purposes, where farm products are
offered for sale on a seasonal basis.
A.94. Rooming House. An owner occupied dwelling or that part of a dwelling in which rooming
units are offered for gain. A tourist home.
A.95. Rooming 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.96. 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.97. Seasonal Occu anc or Use. A use or activity that is carried on for only part of the year,
usually six 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.98. Shared Housin="'. Up to six unrelated individuals occupying and sharing a one family
dwelling.
A.99. Sign. 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 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.100. Sign - Outdoor Advertising Billboard. Unless otherwise defined in the Town Sign Law,
and outdoor advertising billboard is any device, object or building facade 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 located.
9
A.101. 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.102. 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.103. 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.104. 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.105.-Structurall _ 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.106. Tourist Home. See Roomin- House.
A.107. 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.108. Use. See Land Use Activity-
A.109. Use Accesso . 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.110. Use Nonconformin . 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.I I I 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.112. 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.
10
A.113. 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.114 Vehicle BodySh%). 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.115. Yard. An unoccupied space, open to the sky, on that same lot with a building or
structure.
A.116. 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.117. Yard Line. Al line drawn parallel to a lot line at a distance therefrom equal to the depth of
the required yard. (See SCHEDULE II)
A.118. Yard, Rear. An open space extending across the entire width of the lot, between the rear
line of the lot and a line parallel to said rear lot line, and at a distance therefrom as
specified in SCHEDULE II for the zoning district in which the lot is located-
A.119 YardSide. An open unobstructed space on the same lot with the principal building,
between the principal building and the side line of the lot, and extending through from the
front yard line to the rear yard line.
A.120. Zoning Board of Apaeals tZBA . The official zoning board for the Town of Lansing
established pursuant to Section 267 of Town Law. (see Art. XII of this Ordinance)
Access Scrip I
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STRZU RIGHT-OF-WAY
11
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 11 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
health, safety, and the 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,
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 finds
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
regii'.-itilon$ nromul",qred by the Feral Communications
1
Commission(the"FCC"), Federal Aviation Administration(the
"FAA"), 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;
(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. Colocation. The shared use of existing telecommunications facilities or
other structure 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 colocate 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
structure, 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;
2
(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 colocation.
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 antennaes. 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
3
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.
(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,
4
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.
7. Access and Parking.
(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.
5
(d) A locked gate at the junction of the access way and a public
thoroughfare may be required to obstruct entry by unauthorized
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.
6
(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.
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 telecommuni-
cations 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 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.
7
(c) Site plan in accordance with the requirements for site plans
generally, and if more detail is required, in accordance with the 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.
8
(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. The
rent cannot exeed 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.
9
APPENDIX M
The Town Board-of Lansing, pursuant to a resolution dated February 4, 1.998, does
I rdain as follows:
JUNK STORAGE ORDINANCE
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 Town Law.
Section 2. Title
This Ordinance shall be known as the "Town of Lansing Junk Storage Ordinance."
Section 3. Purpose 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 S: 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) Two (2) or more junk motor vehicles.
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.
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 is 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. Two (2) or more unregistered, old, secondhand motor
vehicles, 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 two (2)
or more such vehicles. 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) Two (2) or more junk motor vehicles.
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.
5) Any combination of the above that totals more than
(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: JU-NKYARD REGULATIONS
a
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;
i
C. 500 feet of any stream, lake, porid, 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
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
. r
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;
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 accessways, 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 fora 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 to the 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 shal- 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 a`nd 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.
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.
S. 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 consideration:
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.
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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
Sectlon 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 vehicles pursuant to this
Ordinance or otherwise apply fora junkyard permit. In all other cases, no waiver shall
be granted, however, unless the Board finds, and records in its minutes that:
A. Granting the waiver would be (seeping 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.
yam.
n- 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.
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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 persons wishing to be heard on the revocation of the Junkyard Permit.
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 junk yard
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 to the annual renewal of the said license.
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.
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
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 junk yard 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 with or without a battery, 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
APPENDIX IV
ADULT ENTERTAINMENT ORDINANCE
1) PURPOSE AND INTENT
It is the purpose 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 which have as substantial (50% or more) portion of their stock in
trade and offers 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 theater 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 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 theater 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."
6 Massage parlor where, for any consideration, massage, alcohol rub, fomentation,
electric or magnetic treatment or manipulation of the human body is administered unless
by amedical J-irnpractr t, acupiu.c_, st, physical therapist, or similar
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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.
7 Adult video store where any explicit sexual films are sold.
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 PERMTI'TED -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 adjacent to any residential district or any property used for
residential purposes as a permitted use.
(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, on the same
lot or parcel of land.
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 church, public or private elementary or secondary school,residence, or to
the nearest boundary of an affected public park, or residential district.
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E. For purposes of subsection D 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, from the nearest portion of the
property line in which each business is located.
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 marshall 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, as defined herein,
premises 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.
(6) Knowingly allowed prostitution on the sexually oriented business premises, as
!-! ed herein.
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(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 such an
adult use, 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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