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HomeMy WebLinkAbout1967-03-28 • • Minutes LANSING PLANNING BOARD March 28 , 1967 ; Town Hall Special Meeting PRESENT : James Showacre , Chairman ; Mrs . Viola Miller ; Messrs . Frederick Edmondson , Paul Barron , Alex Cima , John Ettinger , Hank Ley Town Board : Harris Dates,own Supervisor ; Fred Spry , Charles Howell , James Kidney Also attending : Thomas Niederkorn , Planning Consultant ; Patricia Nordheimer , Ithaca Journal ; Cushing Murray and Oliver Holden , Assessors ; James Howell , Water Superin- tendent ; Mrs . Jane Bush , Town Clerk * * * * The meeting was called to order by the chairman at 8 : 00 p . m. Showacre Meeting called to discuss the formulation of land subdivi - PURPOSE sion rules and regulations . Lansing possesses or is in the process of developing most of the inducements for re - OF sidential and business development . Problem is to assure that the development occurs in such a way that the town MEETING , will improve and that the costs are equitably distributed . Land subdivision regulations are a means of providing that BACK- the proper steps are taken by subdividers to prevent their .projects becoming a financial burden on the local taxpayers . GROUND By law , subdivision review and approval may be exercised only by the planning board of the community . This author- ity is granted to the planning board by the town board . Rules, and regulations are formulated by the planning board with the advice and assistance of the town board , given a public hearing , adopted by the planning board , approved by the town board , and thus become town law . A tentative schedule showing steps to be taken in formulating land sub - division rules and regulations is appended . (Exhibit IV) Edmondson Contents of each set of subdivision rules and regulations is different as each is tailored to the town involved . The basic concern in each is for health , safety and welfare of the re - sidents . Formulation of these rules is a difficult task tak- ing time , effort , and the assistance of a skilled engineer . At present a private group is making a survey of the housing needs in Lansing . Niederkorn Problem is two - fold - - decide what you want to do , then do it . The board must attack the first , a consultant can give much assistance in the second . The usual procedure is for a consultant to draft a set of rules , explain it to the board , revise it , discuss and modify until it fits the needs of the town , finally it is adopted . Plans can be complex or simple . They do not give control over land use , but do regulate those areas which might become town responsibility - roads , ' water , sewer , etc . i Minutes , LANSING PLANNING BOARD , March 28 , 1967 ; Town Hall , Special Meeting ,page 2 Dates Town board wishes to encourage builders , but not at the ex pense of the town taxpayers . Should there be a slower approach made by the planning board , more public relations work? Showacre Planning Board has created a planning council to be composed of residents in all areas of the town . These people will receive information from the planning board and distribute it to their neighbors . It is planned to send out newsletters when funds are available and when there is news to be told . 0 Subdivision rules is an important means of improving the town while protecting the taxpayers . As such it is a possible first action of the planning board and a means of interesting the taxpayers . Dates Will you be prepared to send speakers to interested groups in the town? Showacre Yes . But the planning board needs to become better informed before it meets the planning council and other groups . That is the purpose of this meeting - to become better informed . Miller The first meeting of the planning council is scheduled for April 3 , to begin the study of the town of Lansing . C . Howell I understood that the planning board was to develop a map showing land use in Lansing . This subdivision rules and regulations is entirely different . Won ' t the builders be- ' come discouraged if we make too many rules ? Showacre A master plan for land use in Lansing is a long term project of the planning board . Many studies need to be made before it can be completed . In the meantime , a simultaneous project of smaller scope can be the subdivision rules which will give us some control over what happens in the town . C . Howell We already have some rules on the books and subdividers come to the town board to find out what they are . I am concerned that we do not become too restrictive . What is the authority of the planning board if rules are adopted? What would the regulations cover? Who insures the implementation of the rules ? Why were not other big builders in town invited to this meeting? Neiderkorn When a subdivision regulation is approved by the town board , the county clerk is notified and asked that all subdividers filing plans in the court house be required to have plans approved by the planning board . This would prevent clear titles being obtained by those builders not complying with the rules . Honest builders will not be harmed . The others would be controlled . Ettinger The rules now on the town board minutes should be incor- porated into the proposed rules . They would then be more concrete and in an easily accessible form . Minutes , LANSING PLANNING BOARD , March 28 , 1967 ; Town Hall , Special Meeting , page 3 Cima All builders in the town were personally contacted . They are not presently interested in the planning board . Kidney An: I correct in believing that to qualify for state and federal monies under the 701 program we must have a plan- ning board with the authority to review and approve sub - division rules and regulations ? Niederkorn Yes . The planning board must have approval rights over subdivision . Dryden has qualified under the 701 plan and has received money for a master plan study . Spry If a decision of the planning board is not acceptable to a minor developer - one building a home on his property for a relative - what is his recourse ? Under the rules could he put a trailer on his property ? Niederkorn ie erkorn His recourse is to the courts . Showacre He could put the trailer on his property . That comes under land use , which is not regulated by subdivision rules . Dates What can the town board do to help . Showacre We will be meeting soon with the state representative to discuss the 701 program . We would like to be able to tell him we are working toward meeting the regulations to qualify . If we are to go ahead on the subdivision rules and regula - tions , we would like some assurance that the town board is going to support us in this project and work with us on it Miller The members of the planning board are willing to give as much time and effort as is needed to this project if it is what the town board wants done .. If it is not , the time would be wasted and we might better be working on a different project . Dates I can assure you that the town board is interested in having the rules and regulations and at the proper time will give ;. the planning board the authority to administer them . Meeting was adjourned at 9 : 45 p .m . v I eri • SUBDIVISION RULES AND REGULATIONS • FOR THE TOWN OF LANSING NEW YORK r TECHNICAL BASIS FOR SUBDIVISION RULES AND REGULATIONS FOR THE TOWN OF LANSING • ARTICLE I : TITLE Land Subdivision Rules and Regulations of the Town of Lansing , New York . ARTICLE II : PURPOSE The purpose herein is to provide rules , regulations and standards to promote the safe , sanitary and efficient subdivision of land within the Town ; to regulate such subdivision of land inla manner which will result in orderly growth and development , adequate provision of municipal services and the safe movement of vehicular and pedestrian traffic ; and to establish minimum standards and requirements by which land in the Town of Lansing is to be subdivided . ARTICLE III : DEFINITIONS Section 300 . Except where specifically defined herein all words used in these Rules and Regulations shall have their customary meaning . Section 301 . Certain specific words and terms used in these Rules and Regulations are to be interpreted in accordance with the definitions set forth in the Appendix and hereby made a part of these Rules and Regulations . t- 2 . ARTICLE IV : PROCEDURE Section 400 . Purpose . The purpose of this Article is to set forth for the guidance of the subdivider the step -by- step actions which shall be followed when land is to be subdivided in the Town of Lansing . Section 401 . Informal Consideration . Prior to developing i . plans or submitting sketch plans of a subdivision for approval the subdivider may discuss With the Planning Board the scope and intent of the proposed subdivision . The purpose of such a meeting is to afford the subdivider an opportunity to consult informally at an early stage with the Boardto conserve time and expense for the subdivider and create opportunity for achievement of a desirable subdivision in the public interest . Section 402 . The Sketch Plan . A . The subdivider , prior to subdividing or resub7 dividing land shall submit four copies of a Sketch Plan of such proposed subdivision and supplementary material ( see Section 501 ) , along with a written request for approval , to the Town Clerk for transmittal to the Planning Board . Such Sketch Plan and written request shall be submitted to the Clerk at least five ( 5 ) days prior to the Planning Board meeting at which it is to be considered . All Sketch Plan submissions shall be accompanied by a fee of five dollars ( $ 5 . 00 ) . ,. • r 3 . ARTICLE IV : PROCEDURE (cont . ) Section 402 . The Sketch Plan (cont . ) B . The Planning Board will classify each subdivision and will discuss with the subdivider such aspects as existing private and public developments , facilities and services , as well as those proposed by the community plan or otherwise contemplated . Special community or site problems of which the Planning Board has knowledge should be discussed . 11 Possible changes in the plan shall be discussed if it does not meet the objectives or standards of these regu-lat;ions . Action on sketch plans shall be taken at a regular or special r meeting and the Planning Board shall notify the subdivider • : of. the action taken within ten days from such meeting.. Reasons for failure to approve any Sketch Plan shall be attached to each copy of the Sketch Plan . C . The Planning Board may , before acting on any Sketch Plan , require the subdivider to submit • any additional data deemed necessary . D . A Sketch Plan P1 n which is classified as a MINOR subdivision and has received Board of Health approval, , if required , may be approved or conditionally. approved by the Planning Board after a public hearing . The Planning 'iBoard may waive the Final Plat and instruct the subdivider , tofile the Sketch Plan in accordance with Section 405 of these Rules and Regulations . 4 . ARTICLE IV : PROCEDURE (cont . ) Section 402 . The Sketch Plan (cont . ) E . After a subdivider has submitted four contiguous +nor subdivisions to the Planning Board , any subsequent subdivision on the same street or on an intersecting street , submitted by said subdivider , may be classified by the Planning Board as a MAJOR subdivision and , if so , shall require Preliminary Plat and Final Plat approval and submission of all data required for such approval , (see Sections 502 and 503 ) . Section 403 . The Preliminary Plat . A . Following approval or conditional approval of the sketch plan for a MAJOR subdivision , the subdivider shall submit three ( 3 ) copies of a Preliminary Plat and supplementary material , along with a written request ii for approval to the Town Clerk for consideration by the Planning Board . The Date of Presentment of the Preliminary Plat shall not be less than five (5 ) daysYl, prior to the Planning Board meeting at which it is to be considered . �/ i IIIIII 5 . ARTICLE IV . PROCEDURE (cont . ) Section 403 . The Preliminary Plat (cont . ) All drawings and supplementary material shall be clearly marked "Preliminary Plat . " All preliminary plat submissions shall be accompanied by a fee of five dollars ($ 5 . 00) per lot with a maximum fee of one hundred dollars ($ 100 . 00 ) . B . The Preliminary Plat drawing must have the approval of the Tompkins County Health Department before it is submitted for approval . C . The Preliminary Plat drawing shall be reviewed by the Planning Board for compliance with any sketch plan conditions and with the provisions required by these Rules and Regulations ( see Section 502 ) . For any noncompliance , the Planning Board may return the plat drawing to the subdivider along with suggestions for bringing it into compliance . D . Referral to County Agencies 1 . Referral of preliminary plats to the County Planning Department and the County Highway Commissioner shall be made as required to come ply with Sec . 239k of General Municipal Law . 2 . Referral of preliminary plats to the Coun & Planning Department shall be made as required to comply with Sec . 239n of General Municipal Law . 6 ARTICLE IVt PROCEDURE ( cont. . ) Section 403 . The Preliminary Plat . (cont . ) E . The planning Board shall hold a public hearing on the Preliminary Plat within 45 days from the date of presentment . This hearing shall be advertised in a newspaper of general circulation in the Town at least 5 days before such hearing . F . Within 45 days from the date of such public hearing the Planning Board shall take action to approve , with or without modification , or disapprove such Preliminary Plat and the grounds for any modification required or the grounds for dis- approval shall be stated upon the records of the Planning Board . C . When granting approval to a Preliminary Plat , the Planning Board shall state the conditions . of such approval , if any , with respect 1 . the specific chnnges which it will require in the Final Plat ; 2 . the char. acc :_ extent of the required improvements for • which waiver . have been requested and which its opinion may be waived without jeopardy to the public health , safety , morals , and general welfare; 3 . the amount of i . . provement or the amount of all binds there- for which it wiji require as prerequisite to thel approval of the Subdiv i , ; i u „ i Plat . The action of the ! Lining Board plus any conditions attached thereto shall be Id on , or attached to , three copies of the Preliminary Plat . ' Line copy shall be returned to the " subdivider , one retained by IL ' tanning Board and one forwarded to the • Town Board . a1 6a ARTICLE IV : PROCEDURE ( cont . ) Section 403 . The Preliminary Plat . (cont . ) H . Approval of a Preliminary Plat shall not constitute approval of the Subdivision Plat ; rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plat as a guide to the preparation of the (Final Plat , which will be submitted for approval of the Planning Board , and for recording with the County Clerk . Prior; to approval of the Final Plat the Planning Boardmay require additional changes as a result of further study of the sub - division in final form or as a result of new information ob- tained . 1 4 w 7i ARTICLE IV : PROCEDURE (cont . ) I Section 404 . The Final Plat . A . The Final Plat of the subdivision shall be submitted to the Town Clerk for transmittal to the Planning Board Within 0.3c (6 ) months from the date of approval of the Preliminary Plat . All such Final Plats shall be laid out by a certified licensed land surveyor of the State of New York . The date of submission of the Final Plat shall be at least five ( 5 ) days meetingad prior to the Planning Board at which it is to be considered . Four (4 ) copies of the Final Plat drawing , ,the written request for approval , and all supporting documents required by these Rules and Regulations shall be submitted (see Section 503 ) . All finalplat submissions shall be accompanied by a fee of five dollars ($ 5 . 00 ) for a MINOR subdivision and twenty - five dollars ($ 25 . 00 ) for a MAJOR subdivision . B . The Final Plat shall conform substantially to the Preliminary Plat as approved by the Planning Board . If the subdivider so desires , the Final Plat may consist of only that portion of the Preliminary Plat which is to be developed and recorded at that time , provided that such portion contain, at least 1O% of the lots in the subdivision and conforms to all requirements of these Rules and Regulations . . 8 . it ARTICLE IV : PROCEDURE (cont . ) Section 404 . The Final Plat . ( cont . ) Section 405 . Filing of Approved and Endorsed Plat . A . After the Planning Board has approved the Final Plat and all improvements have been made or a performance d. guarantee submitted ( see Section 703 ) , the .. Plat shall be endorsed by the Chairman of the Planning Board , or the member acting . in. his place . Approved and endorsed plats must be filed by the subdivider with the Town Assessor and the County Clerk . - B . The subdivider may install improvements for , and Mel . only a section of the Final Plat provided that such section contains at least 10% of the lots in the entire subdivision . Any subdivision plat or section thereof not so filed within sixty ( Go ) days from the date of Planning ; Board endorsement shall be null and void . • C . No plat , or section thereof , shall be accepted for filing by the County Clerk unless it has been duly approved and endorsed by the Planning Board in accordance with this Section . V ., t . I 9 . ARTICLE IV : PROCEDURE ( cont . ) Section 405 . Filing of Approved and Endorsed Plat . ( cont . ) D . No plat , or section thereof , shall be in any way I altered or revised aftertit has been given approval and has been properly endorsed in accordance with this Section . Such alterations or revisions shall cause said plat to be null and void . E . The signature of the duly authorized officerofthe Planning Board constituting final approval of a Einal ; Plat shall expire within 60 days from the date of such signature unless within such 60 day period such Final Plat , or a section thereof encompassing at least 10 percent of total number of approved lots , shall have been duly filed in the office of the County Clerk . In the event the owner shall file only a section of such approved Final Plat , the entire approved plat shall be filed with the Town Clerk within 30 days of filing of the first section with the County Clerk and the remaining sec - :. tions filed with the County Clerk within two years or be null and void . ., 4 • 10 . ARTICLE V: PLAN DETAILS Section 500 . Purpose . The purpose of this Article is to establish a uniform format for the submission of all subdivisions and to specify the information which should be included on all subdivision submissions . Section 501 . Sketch Plans . The following information shall be submitted to the Planning Board with all Sketch Plans : A . A location map identifying the subdivision by name and owner of record and showing existing street and utility rights - of-way , and the names of nearest property owners ' on all sides . u B . A sketch drawing of the proposed layout of streets , lots , easements , and any other features , indicating lot dimensions and the general location and width of street and easement rights - of -ways The Sketch Plan shall also indicate the scale , date , north arrowrand acreage . C . A general indication of existing natural features including topography , streams , water bodies , ditches , buildings and large trees and tree masses . D . General information regarding proposed water supply and sewage treatment and any proposed protective covenants or deed restrictions on the lots . 11 . ARTICLE V: PLAN DETAILS ( cont . ) Section 501 . Sketch Plans (cont . ) E . For MINOR subdivisions where a public sewer connection is not contemplated , a Board of Health report on the proposed sewage disposal system . Section 502 . Preliminary Plat . A Preliminary Plat of proposed MAJOR subidvision shall be submitted to the Planning Board in triplicate at a scale of one inch equals 100 feet or one inch equals 50 feet , or another scale approved by the Planning Board , which ever most clearly illustrates the sub - divider ' s proposal . The plat shall contain sufficient information to establish the design arrangement and location and dimensions of streets , lots and other features proposed by the subdivider or required by the Planning Board as a result of Sketch Plavn review . Specifically , the Preliminary Plat shall include : A • Identification : Name of subdivision , if any ; " name and address of owner cf record ; anmes of all adjacent property owners ; scale , north arrow and date . B . Topography : Sufficient approximate contour lines and elevations to determine the general slope and natural drainage of the land . C . Existing and Proposed Features : Location andll' approximate dimension of all existing easements and all • E 12 . ARTICLE V: PLAN DETAILS (cant . ) Section 502 . Preliminary Plat (cont . ) streets and utility rights - of -way ; location of existing ditches , culverts , streams , water bodies , large trees , property lines and buildings ; location and approximate li grade of all proposed streets ; location and size of alll proposed easements ; location and dimension of all proposed property lines ; location of all proposed drainage facilities and all other features proposed by the subdivider or required by the Planning Board or these Rules and Regulations . D . Utilitie. t Source of water supply and method of sewage disposal for each lot in the subdivision including Board of Health approval if public sewer connections are not contemplated . E . A copy of any proposed protective covenants or ', deed restrictions on the lots . Section 503 . Final Plat . The Final Plat shall be drawn at a scale of one inch equals 100 feet or ene inch equals 50 feet , or another scale approved by the Planning Board , which ever most clearly illustrates the subdivider ' s proposal . Four (4 ) copies of all maps and supplementary data shall be submitted . The Final Plat shall show or be accompanied by the following : 13 . ARTICLE V: PLAN DETAILS (cont . ) Section 503 . Final Plat (cont . ) A . Name and location of subdivision , name and address of owner of record , names of all adjacent property owners , spale , north arrow and date . B . Boundary lines of the tract or that portion of it being submitted for final approval . C . Location , names and right - of-way widths of all existing streets and easements ; location of existing building lines , structures , creeks , ditches and other features to be retained ; location and right - of-way widths of all proposed streets , creeks , water courses , drainage facilities ; location of tree masses and other features ; and names of all proposed streets . D . Property lines of all lots with accurate dimensions , bearings or deflection angles , and radii and arcs : of all curves . E . Location of all required monuments . F . Number or letter to identify each lot on the plat . G . Detailed drawings showing the profile and cross section of all proposed streets . H . County Board of Health certification of the sub - division or that portion thereof submitted for final approval . 14 . ARTICLE V : PLAN DETAILS (.cont . ) • Section 503 . Final Plat ( cont . ) I . Statement from the Town Inspection Officer that all required improvements have been installed in accordance • • with approved specifications . J . Statement from the Town Attorney that the forms of all deed transfers and easements required in the sub - division are satisfactory . • • • • • 4 15 . ARTICLE VI : DESIGN STANDARDS Section 600 . Purpose . The purpose of this Article is to establish design principles and minimum standards which shall be applied to the subdivision of any land in the Town of Lansing . These principles and standards are intended to promote and ensure i sound , consistent , efficient and safe long range development throughout the Town . All subdividers in the Town of Lansing shall observe the following requirements and guiding principles of land subdivision in the design of each subdivision or portion thereof . Section 601 . General . Subdivision plats shall be designed so as to promote efficient and beneficial land development patterns within the Town . Plats shall conform to the proposals and conditions shown on the General Plan and official map of the Town if either of these documents has been adopted . Streets , drainage rights - of-way , school sites , public playgrounds and open spaces shown on any General Plan of the Town shall be considered in review of subdivision plats . Section 602 . Streets . A . The layout of new streets in any subdivision shall be such as to provide for the appropriate extension of existing streets and utilities and shall take into consid - eration topography , drainage , views , public convenience and safety , and the proposed uses of the land to be served by such streets . • 4 • 16 . ARTICLE VI : DESIGN STANDARDS (cont . ) Section 602 . Streets (cont . ) B . Secondary streets and local streets shall be designed to discourage through traffic . C . Subdivisions along primary streets shall , whenever possible , be designed to provide an adjacent service road or reverse frontage so that not every lot will require direct access to said primary street . D . Street right - of -way widths shall not be less than 60 feet . • E . In general , all streets shall be centered in the right - of -way . Street grades shall not exceed 10% for primary streets , and 12% for secondary and local streets . No street shall have a grade less than 0 . 5% . F . Horizontal and vertical curves shall be designed with a minimum radius of 150 feet to privide a safe sight distance . • C . Permanent dead - end streets shall not be longer • than six times the minimum frontage (see Section 605 ) or 600 feet , whichever distance is less . All 17 . ARTICLE VI : DESIGN STANDARDS (cont . ) Section 602 . Streets ( cont . ) permanent dead- end streets shall provide a turnaround at the end with a fully paved diameter of not less than 80 feet . Streets which are to be continued at a later date shall provide temporaryturnaround i a H . _ If a subdivision shows reserve strips at the end of streets or elsewhere controlling access to adjacent land , control of such reserve strips shall be placed in the governing body under conditions approved by the Planning Board . I . Subdivisions which include or continue existing streets which do not conform to the minimum right - of.•way width as specified in these Rules and Regulations shall dedicate additional width along either or both sides of said streets to bring them into compliance . If the sub - division is located along one side of an existing narrow street one-half of the required total extra width shall be dedicated . J . Half streets shall not be permitted except where essential to the reasonable development of the subdivision in conformity with the other requirements of these Rules and Regulations and where the Planning Board finds that it will be practicable to require the dedication of the other half when the adjoining property subdivides . i 18 . ARTICLE VI : DESIGN STANDARDS ( cc- t . ) Section 602 . Streets ( cont . ) K . No street shall Lave a name which will duplicate or so nearly duplicate nf to be confused with the names of existing streets . A continuation of an existing street • shall have the same namcl . L . No street in any subdivision shall be deemed a public street until it 1 , : been formally offered for cession to the Town Board rand formally accepted by resolution of said Board . Section 603 . Intersect ; . ; . ' A . All streets sh ;ill intersect as nearly at right • anglesas possible and is , :o case shall they intersect at an angle of less than 60 :Hgrees . • B . At intersectio . , , : streets shall form a cross or a "Tee . " Lf "Tee" inters. ions are used , center lines shall be offset by a minimum of 125 feet . • C . Intersections of Local Streets with Primary Streets shall be kept to a hinir : ..., in subdivision design so that hazard and delay to traYIL. movement on the Primary Street can be reduced to a tiin H . D . Street grades r. : : :' utersections shall not exceed • 5 % for n C . r; Lance of CO It from the center of the inter - • section . v 19 . ARTICLE VI : DESIGN STANDARDS (cont . ) Section 603 . Intersections (cont . ) D . Street grades at intersections shall not exceed 5% for a distance of 60 feet from the center of the intersection . Section 604 . Blocks . A . The size and shape of blocks shall be determined on the basis of convenient circulation , control and safety of vehicular traffic and pleasing physical design . B . Insofar as practical block lengths should not exceed 1500 feet nor be less than 400 feet . C . In general , thelength , width and shape of blocks shall be determined with due regard to : 1 . Limitations and opportunities of topography and natural features . 2 . Provision of attractively laid out building sites suitable to the land uses proposed . 3 . Need for convenient circulation , control and safety of street traffic and for reducing the potential conflict between local and through traffic . 4 . Provision of utilities and public services . 20 . ARTICLE VI : DESIGN STANDARDS nt . ) Section 605 . Lots . A . Each lot nwt: have satisfactory access to a public street . Such acces , : ; . ' t , nt consist of at least 100 feet of frontage at the righ ! u [ -way line of said public street unless zoning r. equirf ; Ruts are . less restrictive . ( See • Sec . 903 . ) B . Minimum lot dimensions and areas shall be de- termined by the zonin ", ordinance for zoned areas and by the Tompkins County Board of Health' requirements for all un- zoned areas . C . In : approvi. n ; subdivisions in unzoned areas the Planning Board shah satisfied that lot sizes of non- . residential lots are adequate to accommodate off - street parking and serviciwc required by the type of use contem- plated . 21 . ARTICLE VI : DESIGN STANDARDS ( cont . ) Section 605 Lots ( cont . ) D . Insofar as practical , side lot lines shall be perpendicular or radial to street lines . II E . Double frontage lots and extreme lot depth ( 3 times width ) shall be avoided if possible . F . Corner lots shall have extra width to permit front yard setbacks from both streets . Section 606 . Natural Features . All natural features such as trees , streams , hilltops , and views shall be preserved when - ever possible in designing and laying out any subdivision con - taining such features . The Planning Board may require changes in the layout to assure that such features will be preserved . Section 607 . Easements . Easements across lots shall be provided for utilities where necessary . Wherever possible electrical and communications service shall be located under- ground or along rear property lines . Where a subdivision contains a drainage right - of -way there shall be provided a storm easement , conforming substantially to the drainage way alignment , and providing such additional width as will be necessary to permit access for cleaning and repair . Said width is to be determined by the Planning Board . 22 . ARTICLE VI : DESIGN STANDARDS ( cont . ) 1 Section 608 . Parks , Playgrounds and Open Spaces . A , The subdivider of each subdivision shall be required to contribute to the recreation facilities in the Town . At the Planning Board ' s discretion such contribution shall be in the form of land or cash in lieu of land in accordance with the specifications of Section 608-B . In general the location , size and type of park , playground or open space facilities shall be determined by the Town ' s Comprehensive Development Plan . B . Recreation space shall be provided by the subdivider on the basis of at least 600 square feet of useable land for each lot shown on Plat drawings . In cases where the Planning Board finds that the size , shape or location of the proposed subdivision makes a park , playground or open space impractical or undesirable the subdivider will be required to make a cash payment in lieu of the land which would other- wise be donated . For each lot in the subdivision such cash payment shall be equal to 3 percent of the standard assessed value of developed land in the general area of the subdivision , or $ 150 for each lot , whichever is greater . 23 . ARTICLE VI : DESIGN STANDARDS ( cont . ) Section 608 . Parks , Playgrounds and Open Spaces (cont . ) C . Cash in lieu of land shall be paid to the Town of Lansing before final approval of a Plat is given by the Planning Board . Such payments shall be held in a special fund for Acquisition and Development of Recreation Land . All money in this fund is to be used only for : 1 . The purchase of land that is suitable for new or enlarged parks , playgrounds or open spaces and located so as to serve the inhabitants of the Town ' s residential neighborhoods ; 2 . The improvement of existing park , playground and open space lands which serve the Town ' s residential neighborhoods . D . The Planning Board may require the subdivider to dedicate to the Town the recreation and open space land required by Section 608 - C if the Town Board approve ; such dedication . Section 609 . ( See addendum . ) 24 . ARTICLE VII : IMPROVEMENTS Section 700 . Purpose : The purpose of this Article is to establish the minimum installation and construction standards for those improvements which all subdividers are required to install when land in the Town of Lansing is subdivided . Proper initial installation is necessary to prevent excessive future public maintenance and replacement costs . Section 701 . Subdivider ' s Responsibility : Prior to requesting approval of a Final Plat the subdivider shall have made , or furnished a performance guarantee to make , the following improvements : A . Monuments : Permanent monuments ( 1 - 1 / 2 " galvanized pipe , 1 " iron pins or equal 48 " long ) shall be set at all block corners or , if no complete blocks are involved , at each corner of the subdivision , and each corner of each lot in the subdivision shall be marked by iron pipes or pins . Placement of such markers shall be shown on the Final Plat and be approved by the Inspection Officer . B . Streets : All streets shall be constructed in accordance with specifications provided by the Inspection Officer . C . Curbs , Gutters and Sidewalks : Curbs , gutters and sidewalks shall be provided on all streets except where specific exemptions from this requirement are approved by 25 . ARTICLE VII : IMPROVEMENTS ( cont . ) Section 701 . Subdivider ' s Responsibility ( cont . ) the Planning Board . Ia,. gtnexal , ._ exemptions will be denied in those areas where traffic hazard is high or where population is concentrated at densities of 4 or more families per gross acre . D . Water and Sewer Facilities : In areas where public water and sewer facilities are existing or proposed the subdivider shall install all necessary water and sewer lines on his property . E . Fire Hydrants : If a subdivision is located in an existing or proposed water district the subdivider shall install fire hydrants no more than 1000 feet apart . F . Drainage : All drainage ditches , culverts and storm sewers required by the Planning Board shall be provided by the subdivider sand shall be located in street rights - of-way or in permanent easements of appropriate width ( see Section 607 ) . Culverts and other drainage facilities shall be large enough to accommodate potential run - off from the entire drainage areas they serve and banks shall be stabilized to prevent erosion . Size and design of all such drainage facilities shall be approved by the Inspection 26 . ARTICLE VII : IMPROVEMEN'.US (cont . ) Section 701 . Subdivider ' s Pi' .; ponsibility (con .. Officer and shall be based on the calculated ,: , . . :. potential which would materialize if tie entire upst. r. : • , , , age area were developed . The Planning Board shall also be saLi . that existing downstream drainage facilities , out. H : fl area of any subdivision , are of adequ -ite size to acct;: ; fl increased : , run- off from , and through ,., said subdivision . 7 : is deter - mined that a subdivision will produce More pot : : ' 11 run - off than downstream facilities can accommodate the ling Board shall not approve the Preliminary Plat until n ; factory proposal to corv ^ ct such cry " tion has been ' . G . Street Name Signs : `, 11 street nary . : hall be provided and installed by the Town at the sui. , c ; Ps expense . Section 702 . T •.. .. 1 , n t: i - ' 11 improvem:n ': . . in this Article shall be installed by tl ; r : : ubdivider at hi : se and said installation shall be subje . H to approval by t [ . rection Officer or other appr , : ; : : • iate To '. . fficials . 27 . ARTICLE VII : IMPROVEMENTS ( cont . ) Section 703 . Performance Guarantee . At the time of submit - ting the Final Plat the subdivider shall have satisfactorily con- structed and installed all improvements required by these Rules I and Regulations . In the event that the subdivider is unable to complete all improvements , the Inspection Officer and other appropriate Town officials shall estimate the cost of such completion and the subdivider shall submit to the Town Board a performance guarantee that will assure completion of said improvements . The type and amount of this performance guarantee shall be determined by the Town Board . 28 . ARTICLE VIII : ACCEPTANCE OF STREETS AND OTHER PUBLIC SPACES No new street , recreation area , easement or other proposed public space shown on an approved Final Plat shall become Town property until accepted by the Town Board . ARTICLE IX : VARIANCES AND MODIFICATIONS Section 900 . Purpose . The purpose of this Article is to set forth those conditions and circumstances under which the require - ments of these Rules and Regulations may be modified or waived by the Planning Board . It is intended that the Planning Board , in waiving or modifying various requirements of these Rules and Regulations shall determine that the public interest is secured and the objectives of these Rules and Regulations are not violated . Section 901 . Hardship . When the Planning Board finds that extraordinary and unreasonable hardships may result from strict compliance with these Rules and Regulations it may vary the regu - lations so that substantial justice may be done . Section 902 . Special Circumstances . When the Planning Board finds that , due to the special circumstances of a particular area , the provision of certain required improvements is not necessary in the interest of public health , safety and general welfare , or is inappropriate due to the inadequacy or lack of existing or proposed connecting facilities in the area of a proposed subdivision , it may waive such requirements subject to appropriate conditions it may wish to impose . 29 . ARTICLE IX : VARIANCES AND MODIFICATIOiS (cont . ) Section 903 . Design Innovations . It is not the intent of these Rules and Regulations to effect uniformity_ or standardization in the development of subdivisions in the Town of Lansing . When design concepts , which are imaginative and beneficial to the public interest , are proposed by a subdivider , the Planning Board may modify the requirements of these Rules and Regulations as neces - sary to permit accomplishment of such concepts . • Section 904 . ( See addendum . ) " ARTICLE X : AMENDMENTS These Rules and Regulations may be amended after public hearing and approval by the Town Board as set forth by Section 272 of the Town Law and Section 130 of the Town Law . ' ARTICLE .XI : VIOLATIONS AND PENALTIES Section 1101 . The violation of any rule or regulation approved by the Town Board herein shall be deemed an offense against such Rules and Regulations . Section 1102 . For any violation of the Rules and Regulations herein , the person violating same shall be subject to a fine of not more than $250 . 00 , or imprisonment not exceeding 30 days , or • both such fine and imprisonment . Each week ' s continued violation shall constitute a separate violation . Section 1103 . In addition to the above - provided penalties and punishment , the Town , Board may also maintain an action or proceeding in the name of the Town of Lansing in a court of com - petent jurisdiction to compel compliance with or restrain by in - junction the violation of the Rules and Regulations herein . 1 30 . ARTICLE XII : SAVING CLAUSE If any clause , sentence , paragraph , section or part of these Rules and Regulations 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 part thereof , directly involved in the controversy in which such judgment shall have been rendered . ARTICLE XIII : COURT REVIEW Any person or persons , jointly or severally , aggrieved by any decision of the Planning Board concerning such plat may have said decision reviewed by a special term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules , providing the proceeding is commenced within thirty (30 ) days after the filing of the decision in the office of the Planning Board , all as set forth in Section 282 of the Town Law . ARTICLE XIV : EFFECTIVE DATE These Rules and Regulations shall take effect ten ( 10 ) days after being published and posted . 31. . APPENDIX DEFINITIONS : Iii the interpretation and enforcement of these Rules and Regulations , certain terms and words used herein are defined as follows : 1 . Subdivision : The division of any lot , tract or parcel of land into two or more parcels , lots , plots , tracts , sites orother division of land for the purpose , whether immediate or future , of transfer of ownership , whether or not new build - ing or development is to occur , except that for the purposes of thc: r; e rules and regulations any parcel which is divided so as to create 4 or less parcels , each with an area of at least 5 acres and frontage of at least 500 feet , to be used for residential purposes and involving no new improvements , shall not be considered a subdivision . Sub- • division shall include resubdivision in whole or in part of any plot , filed or unfiled , which is entirely or par - • tially undeveloped . la . Sn3hdivision , MINOR : The subdivision of any land into ) . .) t: more than four lots ( initial lot plus three new lots ) fronting on an existing street , not involving any new street or road , or the extension of any munielpai facilities such as public water and / or sewer mains . lb . :: ubdivision , MAJOR : Any subdivision of land not classified by the Planning Board as a Minor Subdivision . let , t' bdivision , Existing : Any subdivision of land which is filed in the office of the Town or. County Clerk at the til, i ;: these rules and regulations take effect . 32 . 2 . Subdivider : Any person , firm , corporation , partnership , assoc - iation , or their agent , who shall lay out, or propose any subdivision of land for the purpose of sale or development , either immediate or future . 3 . 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 . • 4 . Sketch Plan : Any drawing ( s ) of the proposed subdivision made with sufficient accuracy and detail to be submitted to the Planning Board for the purpose of discussion and classification in accordance with the provisions of these Rules and Regulations . ( See Sections 402 and 501 . ) 5 . Prelimin ;. ry Plat : Drawing ( s ) submitted for Planning Board review clearly marked " preliminary plat , " and showing the proposed layout of the sub- division and containing all the supplementary data re- , Y quired by these Rules and Regulations and by the Plan- ning Board in its action on the Sketch Plan . ( See Sections 403 and 502 . ) 33 . 6 . Final Plat : The final map of all or a portion of the subdivision , with all supporting data , documentation and approvals required by these Rules and Regulations and by the Planning Board , submitted to the Town Clerk for action by the Planning Board and which , if approved , shall be filed in the County Clerk ' s office . 7 . Date of Presentment of Preliminary Plat : The date of the regular monthly meeting of the Planning Board immediately following the date on which a subdivider submits a preliminary plat and supporting data for consideration by the Planning Board . 8 . Date of Submission of Final Plat The date of the regular monthly meeting of the Planning Board immediately following the date when the subdivider submits the Final Plat of all or a portion of the subdivision , with all the data , documentation and approvals required by these Rules and Regulations and by the Planning Board to the Town Clerk for action by the Planning Board . ( See Section 404A . ) 9 . Date of Approval of Final Plat : The date on which official action approving the Final Plat is taken by the Planning Board . Such action 34 . shall be taken only after all requirements and conditions set forth in these Rules and Regulations and by the Planning Board have been complied with and all required improvements have been installed or a performance guar - antee for their completion has been accepted by the Town Board . 10 . Easements : Authorization given by a property owner for the use of a designated portion of his property by another for a specific purpose . 11 . Family : ( see addendum ) 12 . Performance Guarantee : Some form of security approved by the Planning Board and acceptable to the Town Board guaranteeing that all improvements to be made by the subdivider in com- pliance with these Rules and Regulations will be made . 13 . Street : Any street , avenue , boulevard , road , lane , parkway , alley or other way which is an existing State , County or Town roadway or a proposed street shown on the Town Master • 35 . Plan or a street or way shown on a plat to be filed or duly filed and recorded in the office of the County Clerk . Streets include all land between rights - of -way , whether improved or unimproved . For the pur - I poses of these Rules and Regulations , streets shall be classified as follows : Primary Streets - Those streets used primarily for fast or heavy traffic ; Secondary Streets - Those streets which collect traffic from local streets and carry it to primary streets but do not carry heavy volumes of fast or through traffic ; Local Streets - Those streets which are used to provide access to abutting land , primarily of residential character . Dead -End Streets - Short streets with a vehic - ular traffic outlet at one end ; ind a turnaround at the opposite end . 14 . Inspection Officer : , A person designated by the Town Board to make the determinations required in these Rules and Regulations . r • • 3 ( ) • • ADDENDUM The following changes are included in the proposed S &bdivision Rules and Regulations for the Town of Lansing . 1 . Page 7 . Section 404C to read as follows : C . A public hearing on the Final Plat may be held by the Plan- • ning Board if the Board deems that there are substantial changes from the Preliminary Plat . If not waived , such hearing shall be held within 45 days from the time of sub- mission of the Final Plat . Notice shall be placed in the • official newspaper at least 5 days prior to said public • hearing . The hearing may be waived by the Planning Board . 2 . Page 8 . Section 404D to read as follows : D . The Planning Board shall , within 45 days from the date of any public hearing , or the time of submission of the Final Plat if no hearing is required , approve , conditionally approve , or disapprove said Plat stating the reasons therefore . 3 . Page 23 . Section 609 to be added as follows : Section 609 . Environmental Protection : Land subject to serious or regular flooding shall not be subdivided for residential occupancy or for such other uses as may increase danger to life or property or • aggravate the flood hazard , but such land may be used for such uses , or in such a way , that the flood danger to this property and other upstream or downstream properties will not be increased and periodic or occasional inundation will not be a substantial threat to life or .` j property . The provisions of this Sec . 609 shall apply to all land designated as a 100-year floodplain area as determined by the De- partment of Housing and Urban Development or the U . S . Army Corps of Engineers . 4 . Page 29 . Section 904 to be added as follows : Section 904 . Changes in Zoning : In the review and approval of subdivision plats the Planning Board shall have the authority to change applicable zoning regulations , if any , for the subdivision under con- sideration only after such modifications have been fully disclosed at thepublic hearingrequired for Preliminary Plat approval . Changes made pursuant to this Section 904 must be made in accordance with the provisions of Section 281 of Article 16 of Town Law . 5 . Page 33 . Appendix . Change the definition of Family to read as follows : 11 . Family : An individual or two or more persons of recognized family relationship occupying a dwelling unit and living as a single household . A family may also consist of not more than four unrelated individuals occupying one dwelling unit . • • 01 • . atal296, \a-CLiR LAND USE CONTROL ORDINANCE - Based Upon Final Report of the LANSING ZONING COMMISSIOPT Lansing , New York April 1973 _ Prepared with the assistance of Egner and Niederkor'n Associates , Inc . Ithaca , New York TABLE OF CONTENTS ARTICLE PAGE I : Title 1 II : Purpose 1 III : Definitions 1 IV : Land Use Control Areas 8 V : General Provisions 9 VI : Land Use Activities 12 VII : Regulations - Rural Residential Area 16 VIII : Regulations - Low Density Residential Area 19 IX : Regulations - Medium Density Residential Area 20 X : Regulations - High Density Residential Area 24 XI : Regulations - Commercial District. 27 XII : Regulations - Industrial District 29 . XIII : Special Conditions , Special Permits , Planned 32 Development Areas XIV : Off- street Parking 47 XV : Signs 50 XVI : Non Conforming Uses 57 - = XVII : Administration 59 - XVIII : Appeals 61 XIX : Amendments 64 XX : Violations and Penalties 66 XXI : Miscellaneous 66 INDEX - - i CHANGES TO LAND USE CONTROL ORDINANCE PAGE LOCATION DESCRIPTION 111, 0 Section 1206 Line 3 - addition P aragraph 1 • 30 Section 1206 Line 2 P aragraph 2 / 31 Section 1206 Lines 1 . - 6 P aragraph 3 /31 Section 1206 Line 6 Paragraph 4 iv/ 31 • Section 1206 Omit . P aragraph 5 v/32 Section 1301 Line 5 , 32 Section 1302 Line 1 and 2 c/ 33 Section 1303 Line 1 and 2 33 Section 1303 Line 3 - addition 38 Section 1306 Line 3 - addition P aragraph 1 38 Section 1306 P aragraph 2 Line 2 3, 9 Section 1306 Lines 1 - 6 - addition P aragraph 3 39 Section 1306 Line 6 Paragraph 4 . Z39Section 1306 Omit P aragraph 5 INDEX ( continued ) PAGE LOCATION DESCRIPTION ✓42 . Section 1307 Line 7 . P aragraph , 5 / 43 Section 1307 Line 4 and 5 P aragraph 6 g /43 Section 1307 Line 8 P aragraph 7 Y44 Section 1307 Lines 2 - 7 renumbered. • Paragraph 8 ( c ) new subparagraph ( d ) Al Section 1307 Line 1 - and 4 . - additions • Paragraph 10 / 59 Section 1701 Lines 8 - 9 additions R=^a c/61 Section 1801 Line 3addition 62 Section 1801 Line 3 Paragraph 1 62 Section 1801 Line 1 and 2 Paragraph 2 62 Section 1801 . New paragraph Paragraph 4 • 63 Section 1803 Lines 1 , 2 , 11 , 14 -15 Paragraph 3 63 S _TTBw. paraTYaP 65 Section 1906 Addition OW ela0 • ARTICLE I : TITLE Zoning Ordinance of the Town of Lansing , County of Tompkins , State of New York. ARTICLE II : PURPOSE For the purpose of promoting the health , safety and general welfare of the community ; to reduce congestion on the streets and highways ; to prevent the overcrowding of lands ; to avoid undue concentrationof population ; to facilitate. the adequate provisions of transportation , water , sewage disposal , schools , parks and other public requirements ; to conserve the value of property ; and to establish zones wherein regulations concerning the use of lands and structures: , the density of development , the amount of open space that must be maintained , - . size of yards , the provision of parking and control of signs , and other provisions will be set forth to encourage the most appropriate development of that portion of the Town to be zoned in accordance with a comprehensive development plan . . ARTICLE III : DEFINITIONS _ Section 300 . Certain specific words and terms used in this Ordinance are to be interpreted and defined as follows : 1 . Building : Any structure where space is covered or enclosed . . 2 . Building , Accessory : A subordinate building clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building . 3 . Building , Principal : A building or buildings within which is conducted the primary use or activity of the lot on which said building is located.. 4 . Building Height : The vertical distance from finished grade to the highest midpoint of a pitched roof . On a hillside lot finished grade should be considered as the average finished grade on the uphill side of a structure . 5 . Building Line : The line formed by the intersection of a vertical plane that coincides with the most projected exterior surface of a building on any side and the ground . Z ` ARTICLE 111 : DEFINITIONS ( continued ) • • 6 . 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 . 7 . Club : Anyorganization , 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 . 8 . Cluster Housing Area : Development of one family dwellings on lots which. . are smaller than permitted by the regulations of this Ordinance ; where the density of development is no greater than would otherwise be permitted by conventional lot. regulations ; and where residual land produced by the smaller lot size is used for public recreation and open space . 9 . Conservation : The continuation of land in its natural state or any use that will maintain the land in essentially its natural state . 10 . Dwelling : Any building , or part thereof , designed. and used for year- round human habitation , or intended to be so used . 11 . Dwelling Unit : One or more rooms located within a dwelling and providing- complete rovidingcomplete living accommodations for one family , including cooking and bathroom • facilities and an independent entrance . 12 . Dwelling iinst? - One Family : A detached dwelling having accommodations - - for only one family . 13 . Dwelling , Two Family : A detached dwelling containing two dwelling units . 11+ . Dwelling , Multi -Family : One or more dwellings containing separate dwelling units for three or more families . May include apartments , cooperative housing , and condominiums and provide rental or sales housing . 15 . Dwelling , Town House : A dwelling accommodating or designed to accommodate a single family in a single dwelling unit , the walls on two sides of which may be in common with the walls of adjoining dwellings and are party or lot line walls May provide rental or sales housing . . 3 • ARTICLE 111 : DEFINITIONS ( continued ) 16 . Family : An individual or two or more persons of recognized family ✓ elationship occupying a dwelling unit and living as a single household . For purposes of this Ordinance a family may also consist of not more than four unrelated individuals occupying one dwelling unit . 17 . Farm , Farming : A parcel of land , five acres or larger in size , used primarily for the raising of agricultural products , livestock , poultry or dairy products , and including buildings and appurtenances necessary thereto . 18 . Frontage : The distance between sidelot lines measured at the street ✓ ight -of-way line . . 19 . Garage - Service and Repair : An enclosed building for the indoor storage or repair of motor vehicles including painting and the sale of parts and accessories . A junkyard or auto salvage yard is not to be construed as a garage . 20 . Garage - Private : A carport or enclosed building for use by the inhabitants of a dwelling . 21 . Gasoline . Service Station : Any area of land including structures thereon that is used for the sale of gasoline or any other motor vehicle fuel , oil and other lubricating substances , and motor vehicle accessories ; and station may or may not include facilities for lubricating , washing or otherwiseservicing motor = ✓ ehicles . 22 . Home Occupatin : A subordinate use of a commercial or service nature which is not detrimental to the residential character of the lot on which said home occupation is located or of the surrounding neighborhood . Home occupations shall be limited to those residential lots containing an owner-occupied dwelling . Home occupations shall consist of such things as hairdressing , tailoring ; teaching , and similar activities ; professional offices such as doctors , lawyers , architects and realtors ; home offices attendant to other professions or trades . A home o ccupation shall produce no offensive noise , traffic vibration , smoke , dust , odor , heat , glare , or electronic disturbance beyond the property it occupies . The home ARTICLE 111 : DEFINITIONS ( continued ) 22 . ( continued ) occupation may not entail the outdoor storage of materials , equipment or other items of commerce ; or the uncovered parking of more than one commercial vehicle . ( see also 1502 . 5 and 1401 . 10 ) 23 . Junkyard : A lot or building , or part thereof , used for the collecting , storage or sale of waste 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 or storage of parts thereof . An auto salvage yard . 24 . Land Use Activity : The specific purpose for which land or building is used or designed and intended to be used and maintained . - - 25 . . Lot : A parcel of land with or without buildings delineated by lot lines .. - - 26 . Lot Area - Gross : An area of land the size of which is determined by the limits of the lot lines bounding said area and is usually expressed in terms ' of square feet or acres . Acreage within a right-of-way for streets or roads are excluded for purposes of determininggross area . 27 . Mobile Home : A self-contained , transportable , single-family dwelling unit suitable for year-round occupancy and containing the same water supply , sewage. disposal and electrical systems as immobile housing . For the purposes of - _ . this Ordinance a dwelling unit which is constructed in sections , transported , and assembled on the site is not considered a mobile home . 28 . Mobile Home Park : A parcel of land under single ownership which is designed and improved for the placement of mobile homes for nontransient use and. which is offered to the public for the placement of 3 or more mobile homes . 29 . Motel : A commercial facility designed to be usedby 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 . May or may not contain convenience facilities such as a restaurant , lounge , swimming pool , sauna bath . 5 ARTICLE 111 : DEFINITIONS ( continued ) 30 . Nonconforming Lot : A lot of record existing on the date of enactment of this Ordinance which does not comply with the minimum frontage and area requirements for the zone in which it is located . 31 . Nonconforming Use : A building or use of land existing on the date of enactment of this Ordinance which does not comply with the permitted use regulations of the zone in which said building or use is located . - 32 . Open Space : That part of the gross lot area thatis not used for building , parking or service . Open space may include lawns , trees , shrubbery, garden areas , footpaths , play areas , pools , water courses , wooded areas and paved. : surfaces used as access drives but not used for vehicular parking of . any kind . 33 . Parking Space : An off-street space available for parking one automobile and which is an area at least 9 feet wide and 20 feet long , not including maneuver- ing area and access drives thereto . 34 . Planned Development Area : An area of at least two acresinsize , in one ownership , designed as a single unit providing a street system and water and sewer facilities as necessary , and used primarily for multi-family and town house residential purposes but may also be used for a combination of residential types and commercial or industrial development . ( See Section 1307 - ) 35 . Public Sewers : A sewerage facility owned and operated by a public agency , and providing collection and treatment of liquid wastes . For the purposes of determining lot size under this Ordinance the Zoning Hoard of Appeals may declare a privately owned sewerage system to be the equivalent of a public sewer if said private system is approved by the New York State Department of Environmental Conservation and the County Health Department . . 36 . Rooming House : A dwelling or that part of a dwelling in which rooming units are offered for pay . 37 . Rooming Unit : A room or rooms , combined with a dwelling , used to provide private living and sleeping quarters but without cooking facilities available or part of the rooming unit . 6 ARTICLE 111 : DEFINITIONS ( continued ) 38 . Sign : Any structure , display , device or representation which is designed . or used to advertise or call attention to any thing , person , business ., activity or place and is visible from any highway or other right-of-way . The flag or pennant of any nation or state shall not be construed as a sign . _ 39 . Sign - Outdoor Advertising Billboard : Any device , object or building facade larger than 120 square feet in area , situated on private premises and used for advertising goods , services or places other than those directly related to the premises on which said sign is located . 40 . Tourist Home : For the purposes of this Ordinance a tourist home is defined as a rooming house . 41 . Travel or Camping Trailer : A vehicular portable structure designed as a temporary dwelling for travel , recreation and vacation uses . 42 . Use : Land Use Activity ( see Section 300 . 23 ) . 43 . Variance : Written authority to deviate from any of the regulations of this Ordinance , said authority to be granted by the Zoning Board of Appeals / - O - e .— - ,_„_- - •, _7:-i• . II . - . - • - e b the Z . O _ .ems •.�_ ; -. - _ . in accordance with the provisions of this • r • inance . Appeals , 44 . Yard : An open unoccupied space located on the same lot as any principal building and measured by the distance between a lot line and the nearest point from any principal building . ( See illustration for location of front , side and. rear yard . ) On corner lots there shall be two front yards , one adjacent and parallel to each road right -of-way . . > c A4 6 le) • • �1 • • • . . 7 • o 1, . i . . .. • aSide yard area o • . 03 le — - a a - - _ - - - e B cd : - - gC4 , - u B as u 0 d . 9 a .d o s Building area o as ! >1 9 0 >2 _ • O •P g L� 8 u • , , a O 1 - - a -, - -� qe � 4 o a 4 . ,. . . . .. .. .. . .. .. . .. .„ ... . . . . . . . . . . -. .. . ... . 7: • . .. .. ,. -, • . . . . . . .. .. , ... .... .„..„ . . . . . .. . . . , . . .. . . o . . . . 0 o w s Side yard area B • • • . . . ....1 -4 . .. . - - . . . . . .. . . , . F. . , . .. .. .. , . • . . . a� . . . . . . . , . . . . i. . • - u . . . as � . . .O _ . d - K . . • a ARTICLE IV : LAND USE CONTROL AREAS Section 400 . For the purposes specified in this Ordinance , the zoned area of the Town of Lansing is divided into 6 land use control districts as follows : R - Rural Residential L - Low Density Residential M - Medium Density Residential H - High Density Residential C - Commercial I - Industrial Section 401 . All land in the zoned area of 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 . Section 402 . . In determining boundaries of land use control districts , the following guidelines shall apply : 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 . 2 . Where the map indicates a boundary approximately upon a lot line , such lot line shall be construed to be said boundary . 3 . Where boundaries are shown approximately parallel to a street , highway , railroad or lakeshore such boundaries shall be construed to be parallel to the center line of said street , highway , railroad or parallel to said lakeshore , and at such distance therefrom as indicated on the map . If no dimension is specified on the map , the boundary shall be determined by use of the graphic scale on said map . 9 ARTICLE V : GENERAL PROVISIONS Section 500 . Except as hereinafter provided , the following general provis- ions shall apply to land use and development in the zoned area of the Town of Lansing : ' 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 actionis in conformance with allthe regulations specified for the land use control district in which said action occurs . 2 . Minimum lot sizes specified in this Ordinance shall be subject to approval and modification by the Tompkins County Health Department to meet applicable Health Department regulations . In districts where public sewer and/or water facilities are not available the Health Department standards for minimum lot size shall take precedence over any less restrictive provis- ions of this Ordinance . ( See also Section 1703 . ) In districts where public sewers are likely to be provided within° 5 years , as determined by the Planning Board , the lot regulations for areas "With Public Sewers Available" ( see Sections 703 , 803 , etc . ) will be permitted in subdivision design if at least every other lot is left vacant until . sewers, are installed and if the subdivider has obtained County Health Department _. . approval for such a delayed development proposal . • - 3 . 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 pre - scribed by this Ordinance . A small lot which does not meet the minimum requirements of this Ordinance at the time it is enacted may be used for a permitted use . k . Hereafter , if a residential and nonresidential use are to be located in one structure on a ,single lot within any district , the applicable lot area and frontage requirements for the residential use shall apply and the applicable yard size , parking , sign requirements and any otherconditions for the non- residential use shall also apply . . • 10 ARTICLE V : GENERAL PROVISIONS ( continued ) Section 500 . (continued ) 5 . No yard or off-street parking space provided about 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 . P 6 . In determining the percentage of open space required cm- the rthe size of yards , for the purpose of this Ordinance , porches or covered terraces open at the sides , but roofed , shall not be considered a part of the building _. 7 . The provisions of. this Ordinance shalt not apply to fences or walls less than 6 feet high above the natural grade , except as specified., in 8 . below , nor to steps , unroofed porches or terraces or other similar features .. -. 8 . For safety reasons , no structure , fence or planting over 3 feet in height , and no branches less than 10 feet from the ground shall be permitted on any corner lot within a triangular area formed by the right-of,-;my line along the street to the points on such lines the distance of 20 feet from their intersection and a line connecting such points . Any fence or planting that does not conform to the requirements of this section and which results in an obstruction to the vision of motorists shall be made to conform within one year from the effective date of this Ordinance . • _ 9 . The height limitations of this Ordinance shall not ' apply to church spires , belfries , cupolas , chimneys , silos , skylights , mechanical equipment , . water tanks , monuments , flag poles , antennas , utility lines and similar features . 10 . When a lot is divided by a district boundary the regulations and requirements of the least restrictive district maybe extended for a distance of 50 feet into the more restrictive district . ll ARTICLE V : GENERAL PROVISIONS ( continued ) Section 500 . ( continued ) 11 . Within one year after work on any excavation for a building has begun such excavation shall be covered over or filled by the ownerto the normal grade . Any excavation or cellar hole remaining after the demolition or destruction of a building from any cause shall be fenced in immediately and covered over or filled within one year . If the owner fails to cover over or fill such excavation after 30 days notice by the Zoning Enforcement Officer , the Town Board may order said excavation to be covered or filled and shall charge the owner of said property any costs connected therewith . 12 . Natural drainageways shall be preserved , and shallbe kept free of debris or other obstructions to water flow . Where relocation of such- a drainageway cannot be avoided it must be carried out in a way that will assure the free and unobstructed flow of storm water . 13 . Lots in all land use control districts shall be kept free from abandoned or inoperable vehicles , discarded building material , appliances and furniture , and all forms of rubbish and junk . • : . . . - ARTICLE VI : LAND USE ACTIVITIES Section 600 . . The purpose of this Article is to set forth the land use activities which will be permitted in the zoned area of the Town of Lansing and. to specify the land use control district in which each activity will be permitted ,. subject to all of the general and special regulations related to the district 4 in which the land use . activity is located . Section 601 . Activities and Districts . LAND USE ACTIVITIES DISTRICTS WHERE ACTIVITIES ARE PERMITTED ( * indicates that activity is subject to: " . 'special conditions , that a special per— mit is required , or that an ordinance change is necessary. See Article XIII- 601 . 1 Crop farming . R 601 . 2 Commercial gardening , plant R L M nurseries and greenhouses . 601 . 3 Dairy farming . R 601 . 4 Poultry farming . R* 601 . 5 Commercial raising of live- R* stock except hogs . • 601 . 6 Keeping of customary household R L MHCI pets . 601 . 7 Keeping of horses and ponies . R L* M* Kennels and facilities for R Ol . " the commercial boarding of animals . 601 . 9 Veterinary hospital . R* C* 601 . 10: Accessory farm buildings and R L M roadside stands . . 601 . 11 One family dwelling units . R L M H C* . 601 . 12 Two family dwelling units . R L M H C* 601 . 13 Town house dwelling units . M* H* C* 601 . 14 Multi -family dwelling units M* H* C* including apartmentsand con- dominiums . • ARTICLE. VI : LAND USE ACTIVITIES ( continued ) LAND USE ACTIVITIES DISTRICTS WHERE ACTIVITIES, ARE PERMITTED ( * indicates that activity is subject to special conditions , that a special per- mit is required , or that an ordinance change is necessary . See Article XIII 601 . 15 Cluster housing . ( See R * L* M* H* C* Sec . 300 . 8 ) 601 . 16 Rooming houses and tourist R M H C* homes . 601 . 17 Mobile home parks when devel- R oped in accordance with the Town ' s Mobile Home Park Ordinance . - 601 . 18 Home occupations . ( See R L M ' H r _ C* Article III . ) 601 . 19 Governmental buildings , fire R M H C* I stations and schools . _ 601 . 20 Cemeteries . R 601 . 21 Parks , playgrounds and other R L M H C* I open spaces . • 601 . 22 Public or private commercial R - C* outdoor recreation activities . 601 . 23 Drive-In theaters . 601 . 24 Public or private social R M* C* recreation or clubs . 0 . _ 601 . 25 Bowling alley , theater and C* similar types of commercial = indoor recreation activity . 601 . 26 Churches . R L It H C * 601 . 27 Hospital , nursing or con - R M C* valescent home , and other 0 such buildings or insti - tutions . 601 . 28 Professional clinic . R M. H C * 601 . 29 Funeral home . - R M* C* 601 . 30 Motel R C* I • 601 . 31 Cabin or cottage for R L M seasonal use . - 601 . 32 Travel trailer , snowmobile , R L M H C ve itrl Padrenn rin7lea ennn1 ctnracs. . • ARTICLE VI : LAND USE ACTIVITIES ( continued ) LAND USE ACTIVITIES DISTRICTS WHERE ACTIVITIES ARE PERMITTED ( * indicates that activity is subject to special conditions , that a special per- mit is required , or that an ordinance change is necessary . See Article XIII . 601 . 33 Marine and water-oriented R C* sales , service and storage . 601 . 34 Office or studio . R M* C • 601 . 35 Bank and similar financial C* services . • . 601 . 36 Retail sales of convenience R C* goods ( such as groceries , drug sundries ) and personal service ( such as self-service laundro- mats , dry cleaning drop-off stations , shoe repairing ) to • meet the daily shopping and - - ' service needs of the surround- ing neighborhood . 601 . 37 Retail sales of wearing ape C* parel , hardware , furniture , appliances and similar goods to meet the occasional or special shopping needs of the larger community . 601 . 38 Eating and drinking estab- R C* lishments except drive -in restaurants . • 601 . 39 Drive-in restaurants , car C* washes and similar automobile- oriented establishments . • 601 . 40 Gasoline service stations . C* 601 . 41 Warehouse facilities for the - C* I storage or wholesaling of - goods or material . 601 . 42 New and used car sales , auto- C* mobile repair and service garages , except gasoline service stations . 601 . 43 Mobile home sales when devel - R oped in accordance with the Town ' s Mobile Home Ordinance . 601 . 4.4 Sale and storage of lumber and R building supplies . - 601 . 45 Printing , plumbing , heating R* C * and electrical establishments . 601 . 46 Electric and gas transmission R L* M* H* lines and services including stations and substations . 15 • • ARTICLE VI : LAND USE ACTIVITIES ( continued ) LAPID USE ACTIVITIES DISTRICTS WHERE ACTIVITIES ARE PERMITTED ( * indicates that activity is subject to special conditions , that a special per- mit is required , or that an ordinance change is necessary . See Article XIII . 601 . 47 TV and radio transmission R towers . . 601 . 48 Commercial assembly of such C* things as jewelry , leather goods , clothing and scientific instruments . 601 : 49 Industrial and manufacturing I establishments which produce minimal noise , odor and glare , do not require outside storage of raw material or finished products , and produce no in- dustrial wastes which reduce the quality of air , water or land . 601 . 50Agricultural , industrial , ed- I ucational research activity and the design and production of prototype models . 601 . 51 : Industrial equipment sales and C* I service . 601 . 52 Agricultural equipment sales R C* and service . 601 . 53 Commercial excavation of sand R* and gravel or other natural deposits , quarrying of rock and cutting of timber . 601 . 54 Special Design Developments R* L* M* H* . C* I* such as planned development areas . ( See Definitions . ) v Section 602 . Land use activities not specifically set forth in Section 601 of this Article , or referred to by type in said Section , shall not be permitted in the zoned area of the Town of Lansing unless a variance or special permit has been granted . • : 16 • . 'ARTICLE VII : REGULATIONS - RURAL RESIDENTIAL DISTRICT • Sec . 700 . Intent The legislative intent of this Article is to define and establish standard regulations for portions of that portion of the zoned part of the Town of Lansing where a low density rural , agricultural character is desired ; where only a limited amount of nonfarm development with a moderate mix- ture of land uses is anticipated ; where public utilities will not be provided in the foreseeable future ; where some flexibility is presently needed to accommodate development potential ; and where minimum amount of control and restrictions on the use of land is adequate to guide community growth . Sec . 701 . Permitted Land Use Activities See Article ' VI Sec . 702 . Development Density Residential development in the Rural Residential D istricts shell not exceed a density of 3 dwelling units per gross acre except as a Planned. Development Area . Sec . 703 . Lots - With Public Sewers Available 1 . One family dwelling : at leas 00 Q msquare feet of lot area with. : at least 100 feet of street frontage . 2 . Two family dwelling : at least 20 , 000 square feet of lot area with at least 175 feet of street frontage . 3 . Other land uses : at least 15 , 000 square feet of lot area with at least 125 feet of street frontage . Sec . 704 . Lots - With No Public Sewers Available 1 . One family dwelling : at least 30 , 000 square feet of lot area with at least 150 feet of street frontage . 2 . Two family dwelling : at least 20 , 000 square feet of lot area per dwelling unit with at least 80 feet of street frontage per dwelling unit . t • ARTICLE VII : : REGULATIONS - RURAL RESIDENTIAL DISTRICT ( continued ) Sec . 704 . Lots - With No Public Sewers Available ( continued ) 3 . Other land uses : at least 30 , 000 square feet of lot area with at least 150 feet of street frontage . Sec . 705 . Front Yards 1 . All buildings : at least 50 feet from theroad right -of-way line . 2 . On corner lots one front yard , if it is facing a secondary street , may be reduced by 20 percent . Sec . 706 . Side Yards 1 . One family dwelling : total of both side yards at least 30 feet with with neither less than 12 feet . 2 . Two family dwelling : total of both side yards at least 35 feet with neither less than 15 feet . 3 . All nonresidential buildings : total of both side yards at least 35 feet with neither less than 15 feet . ' A . Garages and similar accessory buildings not attached to the principal building may be located in required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval . Sec . 707 . Rear Yards . . 1 . All Dwellings : at least 25 feet from the rear property line . 2 . All principal nonresidential buildings : at least 20 feetfrom the rear property line . - 3 . Garages and similar buildings not attached to the principal building may be located in required rear space but shall not be closer than 6 feetfrom the lot line without Board of Appeals approval . 18 - - . ; ARTICLE VII : REGULATIONS - RURAL RESIDENTIAL DISTRICT ( continued ) Sec . 708 . Other Provisions 1 . Maximum building height : 35 feet for residences and 25 feet for nonresidences ( see also Section 500 . 9 ) . 2 . Minimum open space : 85 percent for all uses ( see Section 300 . 32 ) . 3 . Off- street parking : see Article XIV . 4 . Signs : see Article XV . 5 . Approved sewage disposal and water system required for each land use activity requiring services . 6 . Building permit required ( see Section 1701 ) . ARTICLE VIII : REGULATIONS - LOW DENSITY RESIDENTIAL . Sec . 800 . Intent " . The legislative intent ofthis s Artic le isto define and establish standard regulations for the zoned portion of the Town of Lansing where low density , predominately singlefamily residential development is desired as the basic land use pattern ; where intensive development should - be discouraged because of difficult terrain , inadequate roads , poor soils , or the absence of public utilities ; and where substantial limitations on the use of land is necessary to protect it for efficient future use and to preserve the residential character of existing neighbor- hoods , the value of development and the safety of residents . Sec . 801 . Permitted Land Use Activities See Article VI . Sec . 802 . Development Density Residential development in the Low Density Residential Districts shall not exceed a density of 4 dwelling units per gross acre for areas with public sewers and 2 dwelling units per gross acre for nonsewered areas . 19 ARTICLE VIII : REGULATIONS - LOW DENSITY RESIDENTIAL ( continued ) Sec . 803 . Lots - With Public Sewers Available 1 . One family nonfarm dwelling : at least 12 , 000 square feet of lot area with at least 100 feet of street frontage . 2 . Two family dwelling : at least 16 , 000 square feet of lot area with. at least 125 feet of street frontage . 3 . Other land uses: at least 12 , 000 square feet of lot area with at • least 125 feet of frontage . Sec . 804 . Lots . - With No Public Sewers Available 1 . One family nonfarm dwelling : at least 30 ,000 square feet of lot area plus at least 150 feet of street frontage . 2 . Two family dwelling : at least 40 , 000 square feet of lot area with at least 175 feet of street frontage . 3 . Other land uses : at least 30 , 000 square feet of lot area with at least 150 feet of street frontage . Sec . 805 . Front Yards . 1 . All buildings : at least 50 feet from the road right-of-way line . . 2 . . On corner lots one front yard , if it is facing a secondary street , : may be reduced by 20 percent . Sec . 8o6 . Side Yards . 1 . One family dwelling : total of both side yards at least 30 feet with neither less than 12 feet . 2 . Two family dwelling : total of both side yards at least 40 feet with neither less than 15 feet . 3 . All nonresidential buildings : total of both side yards at least 4o feet with neither less than 15 feet . 4 . Garages and similar accessory buildings not attached to the principal building may be located in required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval . . 20 ARTICLE VIII : REGULATIONS - LOW DENSITY RESIDENTIAL ( continued )' , • Sec . 807 . Rear Yards . 1 . All buildings : at least 25 feet from the rear property line . 2 . Garages and similar buildings not attached to the principal build- ing may be located in required rear yard space but no garage or any other structure shall be closer than 6 feet from the lot line with- out Board of Appeals approval . Sec . 808 . Other Provisions 1 . Maximum building height : 35 feet for residences and 25 feet for nonresidences ( see also Section 500 . 9 ) . 2 . Minimum open space : 85 percent for residences and 75 percent for nonresidences . 3 . Off- street parking : see Article XIV . k . Signs : see Article XV . 5 . Approved sewage disposal and water system required for each land use activity requiring services . 6 . Building permit required . ( see Section 1701 ) . ARTICLE IX : REGULATIONS - MEDIUM DENSITY RESIDENTIAL Sec . 900 . Intent The legislative intent of this Article is to define and establish . regulations for the zoned portion of the Town of Lansing where moderately dense development can be supported by the road system , the topography , and the possibility of public water and sewers in the foreseeable future ; where a concentration of mixed residential dwelling types is the desired--predominant land use , supplemented by a broader variety of nonresidential land use activities ; and where , due to the nature of anticipated development , a vide range of land use controls will be . necessary to protect existing residential neighborhoods , to preserve residential land values and enhance the quality of the environment . ARTICLE IX : REGULATIONS - MEDIUM DENSITY RESIDENTIAL ( continued ) • Sec . 901 . Permitted Land Use Activities . See Article VI . Sect 902 . . Development Density Residential development in the Medium DensityResidential Districts pm shall not exceed a density of 6 dwelling units per gross acre for areas,. . with public sewers and 2 dwelling units per gross acre for nonsewered areas . Sec . 903 . Lots - With Public Sewers Available 1 . One family dwelling : at least 10 , 000 square feet of lot area with at least 75 feet of street frontage . . 2 . . Two family dwelling : at least 12 , 000 square feet of lot area with . - at least 100 feet of street frontage . . 3 . Town house dwelling : at least 6 , 000 square feet ° of lot areap er dwelling unit with at least 25 feet of street frontage per dwelling unit . 4 . Multi -family dwellings : at least 6 , 000 square feet of lotarea^ {� per dwelling unit with at least 50 feet of street frontage per dwelling unit . Maximum frontage required shall be 160 feet . 5 . . Other land uses : at least 10 , 000 square feet of lot area with at _ . . least 100 feet of street frontage . Sec . 904 . Lots - With No Public Sewers Available 1 . One family dwelling : at least 30 , 000 square feet of lot area with at least 150 feet of street . frontage . 2 . Two family dwelling : at least 40 , 000 square feet of lot area with at least 175 feet of street frontage . 3 . Town house dwelling : at least 20 , 000 square feet of lot area per dwelling unitwith at least 25 feet of street frontage per dwell- ing unit . well-ing . unit . cc ARTICLE IX : REGULATIONS - MEDIUM DENSITY RESIDENTIAL ( continued ) Sec . 904 . Lots - With No Public Sewers Available ( continued ) 4 . Multi -family dwellings : at least 20 , 000 square feet of lot area per dwelling unit with at least 80 feet of street frontage per dwelling unit . Maximum frontage required shall be 200 feet . 5 . Other land uses : at least 30 , 000 square feet of lot area with at least 150 feet of street frontage . Sec . 905 . Front Yards 1 . Residential buildings shall be located at least 6o feet from the right -of-way line of primary streets and highways such as North Triphammer Road , and 30 feet from the right -of-way line of secondary streets . 2 .. All nonresidential buildings shall be located at least TO feet from the right -of-way line on primary streets such as Warren and North Triphammer Roads , and 50 feet from the right-of-way lineof secondary streets and roads . 3 . . On corner lots the front yard facing a secondary street may be reduced by 20 percent . 4 . Not more than two-thirds of any front yard area may be used for off- streetarkin and access p g c ss thereto . All front n yard space not used'. for parking or - access shall be improved by grass , trees , shrubs and other forms of landscaping . 5 . All front yards shall be kept free of abandoned or inoperable vehicles , trash , rubbish , and junk . Sec . 906 . Side Yards . 1 . One and two family dwellings : total of both side yards at least 25 feet with neither less than 10 feet . 2 . Town house and multi -family dwellings : no town house or multi- family dwelling shall be less than 25 feet from any side lot line . 3 . A11 nonresidential buildings : total of both side yards at least 35 feet with neither less than 15 feet . - 23 • ARTICLE IX : REGULATIONS - MEDIUM DENSITY RESIDENTIAL ( continued ) Sec . 906 . Side Yards ( continued ) 4 . Side yards may be used for off- street parking provided that no parking space is less than 5 feet from any property line . 5 . For one and two family uses only , garages and similar accessory buildings not attached to the principal building may be located in required side yard space but no garage or anyfother structureshall be closer than 6 feet from the lot line without :: Board of Appeals approval . Sec . 07 . Rear Yards 9 1 . All residential buildings : at least 25 feet from the rear property line . 2 . All nonresidential buildings : at least 20 feet from the rear property line . 3 . For one and two familyonly , garages and similar accessory uses g g buildings not attached to the principal building may be located in required rear yard space but no garage orany other structure shall be closer than 6 feet from the lot line without Board of Appeals approval . • Sec . 908 . Other Provisions 1 . Maximum building height : 35 feet for residences and 25 feet for nonresidences ( see also Section 500 . 9 ) .. 2 . Minimum open space : 70 percent for all residential l u ses and 60 percent for all nonresidential uses ( see SectionG 00 . 3 . 2 3 3 ) 3 . Off - street parking : see Article XIV . 4 . Signs : see Article XV . 5 . An approved sewage disposal and water system is required for each land use activity requiring services . 6 . A building permit is required ( see Section 1701 ) . cis • ARTICLE X : REGULATIONS - HIGH DENSITY RESIDENTIAL . Sec . 1000 . Intent The legislative intent of this Article is to define and establish regulations for the zoned portion of the Town of Lansing where predominately residential development is the desired land use ; where { high density development is the most efficient use !' of land areas which . are adjacent to major highways and shopping facilities and which are , . ,; or will be served by public utility systems ; , and where special review and approval procedures will be applied in an effortto preserve existing natural features and achieve a quality living enviornment in a high density residential area . Sec . 1001 . Permitted Land Use Activities See Article VI . Sec . 1002 . Development Density Residential development in the High Density Residential Districts shall not exceed a density of 12 dwelling units per gross acre for areas with public sewers and 3 dwelling units per gross acre for nonsewered areas . Sec . 1003 . Lots - With Public Sewers Available 1 . One family dwelling : at least 7 , 000 square feet of .lot area ' with at least 70 feet of street frontage . 2 . Two family dwelling : at least 9 , 000 square feet of lot area with at least 80 feet of street frontage . 3 . Town house dwelling : at least 3 , 000 square feet of lot area per dwelling unit with at least 25 feet of street frontage per dwelling unit . 4 . Multi -family dwellings : at least 3 , 000 square feet of lot area 'r per dwelling unit with at least 40 feet of street frontage per dwelling unit . Maximum frontage required shall be 150 feet . 5 . Other land uses : at least 5 , 000 square feet of lot area with at least 50 feet of street frontage . ARTICLE X : REGULATIONS - HIGH DENSITY RESIDENTIAL ( continued ) ' • w Sec . 1004 . Lots - With No Public Sewers Available 1 . . One family dwelling : at least 15 , 000 square feet of lot area with at least 140 feet of street frontage . +' 2 . Two family dwelling : at least 20 , 000 square feet of lot area with at least 160 feet of street frontage . 3 . Tovn house dwelling : at least 10 , 000 square feet of lot area per dwelling unit with at least 25 feet of street frontage per dwelling unit . 4 . Multi -family dwellings : at least 10 , 000 square feet of lot area per dwelling unit with at least . 80 feet of street frontage per dwelling unit . Maximum frontage required shall be 250 feet . 5 . . . Other land uses : at least 5 , 000 square feet of lot area with at least 50 feet of street frontage . Sec . 1005 . Front Yards M1 1 . One and two family dwelling : at least 25 feet frog the road right of-way . E 2 . Town house and multi -family dwelling : at least1; 2O feet from the right -of-way of a public road and 25 feet froh the pavement . edge of a private road . a t' . 3 . All nonresidential buildings : at least 20 feetl, from the road right® of-way . • Sec . 1006 . Side Yards 1 . One and two family dwelling : total of both side yards at least 20 feet with neither less than 8 feet . 2 . Town house and multi -family dwelling : no town house or multi- family dwelling shall be less than 25 feet from any side lot line . 3 . All nonresidential buildings : total of both side yards at least 30 feet with neither less than 12 feet . ARTICLE X : REGULATIONS - HIGH DENSITY RESIDENTIAL ( continued ) Sec . 1006 . Side Yards ( continued ) . 4 . Side yards may be used for off- street parking provided that no parking space is less than 5 feet fromany property line . 5 . For one and two family uses only , garages and similar accessory buildings not attached to the principal building may be located in 1. required side yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval . Sec . 1007 .. Rear Yards 1 . All residential buildings : at least 25 feet from the rear property • line . 2 . All nonresidential buildings : at least 20 feet from the rear prop- erty line . 3 . For one and two family uses only , garages and similar accessory buildings not attached to the principal building may be located in required rear yard space but no garage or any other structure shall be closer than 6 feet from the lot line without Board of Appeals approval . Sec . 1008 . . Other Provisions {'� 1 . Maximum building height : 35 feet for residences and 25 feet for . nonresidences ( see also Section 500 . 9 ) . 2 . Minimum open space : 60 percent for one family , two family , and town house residences ; 50 percent for multi-family residences ; and , . 30 percent for all nonresidential uses ( see Section 300 . 32 ) . 3 . Off-street parking : see Article XIV . 4 . Signs : see Article XV . 5 . Approved sewage disposal . and water system required for each land use activity requiring services . . . 6 . Building permit required ( see Section 1701 ) . 27' 4 . . • ARTICLE XI : REGULATIONS - COMMERCIAL DISTRICT Sec . 1100 . Intent The legislative intent of this Article is to define and establish standard regulations for the zoned portion of the Town of Lansing where a concentration of retail shopping , transient , and service . 11 facilities is the desired land use ; where public utilities and adequate vehicular access to serve such facilitiescan be provided ; and , where development as a contiguous area ratheri' than in a random strip . along major roads can be achieved , thereby preserving the j. residential environment of surrounding areas . Sec . 1101 . Permitted Land Use Activities • See Article VI . Sec . 1102 . Lots 1 . For each permitted use locating on its own individual lot ; at least 5 , 000 square feet of lot area with at least 40 feet of street . frontage . 2 . For two or more uses combined in one structure, on a single lot ; at least 3 , 000 square feet of lot area for eaclh use with at least 30 feet of street frontage for each use ., 3 . All types residential development - subject to Sec . 1003 and/or 1004 , whichever applies . Sec . 1103 . Front Yards 1 . All permitted uses : at least 70 feet frog the ','right -of way line on primary streets such as North Triphammer Road and 50 feet from the right -of-way line ofsecondary streets . 2 . Three-fourths of any front yard area may be used for off-street parking and access thereto , or for display of equipment or products provided that no parking or display area is less than 10 feet from the road right -of-way . All front yard space not used for parking , access or display shall be Improved by grass , trees , shrubs orother forms of landscaping . 1 2$ • . ARTICLE XI . REGULATIONS COMMERCIALDISTRICT ( continued ) Sec . 1103 . Front Yards ( continued ) 3 . Well defined access drives shall be provided to off-street parking ` ii areas and the total widthof such drives shalllexceed 50 per- !' not cent of the required frontage . 4 . All types residential development - subject toSec . YP P J 1005 . 1 and /or 1005 . 2 , whichever applies . Sec . 1104 Side Yards II 1 . All buildings : total of both side yards at least 15 feet with. one . . nat less than 10 feet . 2 . Side yards may be used for off-street parkiagPIrovi ed that no parking space is less than 5 feet from any property line . 3 . All types residential development - subject to, Sec . 1006 .1 , 1006 . 2 , 1006 . 4 , and/ or 1006 . 5 , whichever applies . Sec . 1105 . . Rear Yards 1 . All buildings : at least 10 feet from the rear Mot line . 2 . All types residential development - subject to Sec . 1007 . 1 and/ or 1007 . 3 , whichever applies . P, Sec . 1106 . Other Provisions 1 . . Maximum building height : 30 feet for all buildings ( see also Section 500 . 9 ) . 4 2 . Minimum open space : none , except as may be required by the : provisions of Article XIII . 3 . Off- street parking : see Article XIV . • 4 . Signs : see Article XV . 5 . Approved sewage disposal and water system are required for each land use activity requiring services . 6 . A building permit is required ( see Section 1701 ) . , 7 . A11 development must take place in accordance with an overall plan which has been reviewed by the Planning Board ( Sec . 1304 ) . 29 1! • ' ARTICLE XII : REGULATIONS - INDUSTRIAL DISTRICT Sec . 1200 . Purpose The legislative intent of this Article is to define and establish standard regulations for the zoned portion of the Town of Lansing 4 where light manufacturing , research , protytype production , and other specialized uses of a similar industrial nature are appropriate ; and to protect the value of these areas by discouraging incompatible development and small lot subdivision that will reduce the efficient use of land for industrial purposes . . Sec . 1201 . Permitted Land Use Activities � See Article VI . Sec . 1202 . Lots 1 .. There are no minimum lot area requirements in. the Industrial _ -. District except those imposed by the County Health Department for proper and safe installation ation of sewage and ' industrial waste disposal systems . 2 . Each lot shall have at least 150 feet of street frontage unless otherwise specified in Article XIII of this Ordinance .. Sec . 1203 . Front Yards 1' 6 . 1 . All buildings : at least 80 feet from the road right-of--raY y line _ . i 2 . One-half of any front yard area may be devotedcto off-street parking provided that no parking space is less than20 feet from any property line ( see also Sections 1205 , 1. 2 and 1205 . 3 ) . Sec . 1204 . Side and Rear Yards 1 . All buildings : at least 50 feet from all side and rear lot lines . 2 . Side and rear yard space may be used for parking providing that no parking space is less than 15 feet from any !' property line . : ARTICLE XII : REGULATIONS - INDUSTRIAL DISTRICT ( continued ) Sec . 1205 . Other Provisions - 1 . . Maximum building height : 45 feet ( see also Section 500 . 9 ) . 2 . Minimum open space : 50 percent . All land not used for buildings or parking and loading facilities shallbe improved by grass , trees , shrubs and other forms of landscaping ( see Section 300 . 32 ) . 3 . Off -street parking : See Article XIV . Well defined access drives shall be provided to off- street parking areas Wand the total width of all such drives intersecting with a public 'street shall not exceed 50percent of the required minimum lot {frontage . 4+ . Signs : See Article XV . 5 . Approved sewage , water , and industrial waste disposal system are required for each land use activity requiring services . 6 . A building permit is required .q ( see Section 1701 ) . . Sec . 1206 . Industrial District Permits and Planning 1 . No building permit shall be issued and no development shall { occur in any Industrial District unless such development shall be . ' Town . Board approved bythe Planni Board . after review bythe Planning � ng � g _Board " 2 . Such plan shall be submitted to the Planning Board for review l �; . sand approvg with copy of said plan to the Town Board at the. same . time . In making its review the Planning Boardshallbe particular concerned with : preventing the haphazard development of land and ii streets ; the ability of the proposed street system and off-street parking facilities to handle expected traffic in a sage and efficient manner ; the effect ofthe proposed develorment on natural surface water drainageways ; the ability of water and sewerage .. facilities to accommodate the Proposed development ; the opportunity for continued development of adjacent land. in Ian orderly way ; and .. the general environmental quality of the proposal in terms of site planning and landscaping . 31 ARTICLE XII : REGULATIONS - INDUSTRIAL DISTRICT ( continued ) Sec . 1206 . Industrial District Permits and Planning ( continued ) of .. - - 3 . The Planning Board shall complete its reviewjand approve or and issue a_ ._recommendatio.n__to__ the .. Towr disapproviiany development proposal in an Industrial District rBoard withi'i45 days from the date it is submitted tort - Planning Board . i Y i his Failure to complete such review within the • ay period shall be a recommendation for The Tow. aoar. a 11thenareview such "°' ntnmoutttto opprovai. , End the Enforcement Officer shall issue a bldg . development proposal and the recommendation off the . Planning Board - and. - permit if all of the requirements set forth in Article XII , shall approve or disa • •_rove said develo ent proposal withinP 30 �days _from either ,; _ _. _ . _._ --,._Y . _ * . have been complied with , g_ �` ` ' . - ._ Board recommendation or the the submissionto.�it_ ofthe _Planning_ Boy � � � it . It shall be the responsibility of the developer tel show that Ms '' proposal will be visually in keeping with the uses permitted in the abutting residential zone and that there will be sufficient buffer- _ ing in the form of decorative and/or dense landscaping , and/o • / Pa decorative fencing , and/or other similar methods approved by the ' 1 r go...aw Planni Board . C5 . Disapproval by thePlanningBoard may be appealed to the Zoning 14 Board of Appeals who shall make a determination in ' accordance with ,:-.3„ the provisions of Article XVIII of this Ordinance . ; }p „ r �f �. f o t 4 a . p , __ _._ - wke - ._A _ » �_ t. ex iratio of the Planning Board ' s time to issue a recommendati• n , K � j whichever o-c.c_.urs-first_ n time_ _U on, a rovai of an ____1„-„....,_ p „ .. - _ ± development . . . . . -4P . p proposal , tile Town „Board shall issue a building permit+ ►o } • ' ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT • Sec . 1300 . Intent The legislative intent of this Article is to set forth supplemental. regulations , procedures and conditions which shall apply to certain land use activities in the zoned portion of the Town of Lansing which are incongruous or sufficiently unique in terms of their nature , 'I location , and effect on the surrounding environment and the quality of the community , to warrant special evaluation of each individual case . Sec . 1301 . Land use activities listed in Article VI of this Ordinance as being subject to special procedures or conditions or requiring a special. permit or an ordinance change shall not be considered permitted uses. . ; Pkuntil such special procedures , regulations , and conditions have been issued_ Torn complied with , or a special permit has been &authorizedg by the ilanninin Board , a variance authorized by the Board of Appeals , or an ordinance. change has been effected in accordance with the terms of this Article . • Sec . 1302 . Special Conditions or he Town.Board-as_require &. by the_provis'ions of this_ o�rdinancE The Enforcement Officeshall issue building permits for the following . uses only when e iilsatisfied that the special conditions specified: in this Section have been met : 4 • 1 . Town house dwelling units in M , H , and C Distr" ictsi - If more than i6 dwelling units are to be constructed on any single parcel , whether for sale or for rent , they must be, constructed as a Planned Development Area ( see Section 1307 ) { 2 . Multi -family dwelling units in M , H and C Districts If more than 24 dwelling units or 3 dwellings 1 are to be con- structed on any single parcel , whether for saleor rent , they must be constructed as a Planned DevelopmentArea ( see Section 130T ) . 3 . Cluster housing in R , L , M , H and C Districtsj . Must be constructed as a Planned Development Area . ( see Section 1307 ) or in accordance with Section 1905 of this ordinance . 33 . ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1302 . Special Conditions ( continued ) 4 . Funeral home in M and C Districts Permitted where at least 20 off- streetparking spaces and sufficient area for off- street marshalling of funeral process- ions are provided . ; - . : - 5 . Printing , plumbing , heating and electrical establishments in R and C Districts Permitted when it can be demonstrated that nooutdoor space will be required for the storage of raw material or finished products . . See also Section 1306 . Sec . 1303 . Special Permits ,T_own_Boa.rsl-may The fEnforcement Officer shall issue building permits for the following ` review land uses only after Ea Special Permit has been authorized3 by the Plann- and_, if necessary , has _been ing Board , /a- variance authorized by the Zoning Board . of Appeals . In making its review the Planning Board shall find that the conditions and requirements set forth in this Section have been satisfied . 1 . Poultry farming in R Districts Permitted when all farming activity is completely enclosed within a building , the Board of Health has approved the disposal of animal waste , and an odor absorbing air filtration system is used. 2 . Commercial raising of livestock in R Districts Permitted when the Board of Health has approved the disposal of animal waste , there is no outdoor storage of refuse or feed , and no existing nonfarm residence is located closer than 1 , 000 feet from the penning or feeding area of such commercial farm . 3 . Horses and Ponies in L and M Districts Permitted only when there are at least 2 acres of fenced pasture for eachhorse , and at least 1 acre of fenced pasture per pony . 34 ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1303 . Special Permits ( continued ) k . Veterinary hospital in C and R Districts Permitted when : 'Il a . Such facility is designed to accommodate animals exclusively , g such as dogs , cats and birds . b . The , hospital is completely enclosedand there are no open boarding or exercise facilities; c . There is no outdoor storage of refuse , feed or other material and no onsite incineration of refuse ; d . An odor absorbing air filtration system is used ; e . At least 3 off- street parking spaces are provided for each doctor and one for each employee ; f . Identification signs shall be limited to one in number , shall be no larger than 50 square feet in area and , if illuminated , shall be nonflashing . „ 5 . Public or private commercial outdoor recreation activity in C Districts Permitted when : he . - a . Required ground level illumination is no more than five foot candles and light sources are no more than 25 feet above the ground and produce no glare on adjacent properties . b . Noise levels greater than 70 decibels willnot be apparent beyond the property line ; c . Parking facilities can be shown to be adequate for the proposed use and are paved , drained and landscaped . d . See also Section 1306 . ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1303 . Special Permits ( continued ) 6 . Public or private social recreation or club in Mand. 0 Districts a . Layout , architectural design and landscaping of the proposed facility is compatible with the environmental character of the surrounding neighborhood ; b . Parking facilities can be shown to be adequate for the pro- posed use . Parking shall not be locatedanY yard and and all parking areas shall be paved and drained . c . Noise levels greater than 70 decibels will not be apparent beyond the property line ; n ; d . See Also Section 1306 . 7 . Office or studio in M and C Districts Permitted when : a . Layout , architectural design and landscaping are compatible with the surrounding neighborhood ; b . Off-street parking areas are paved and drained and not located in required front yards . Parking areas shall be screened by decorative fencing , landscaping or similar treatment . c . Exterior or interior lighting arrangements produce no glare on adjacent properties . d . See also Section 1306 . II . 8 . Eating and drinking establishment in C District ! Permitted when : a . Layout , architectural design and landscaping are compatible with the surrounding neighborhood ; ' b . Curb cuts and driveways to parking areas are well defined , no wider than 24 feet and no less than 40 feet from the intersection of street right -of -way lines on corner lots ; , * ARTICLE XIII : - SPECIAL CONDITIONS , SPECIAL PERiMITS AND PLANNED .DEVELOPMENT Sec . 1303 . Special Permits ( continued ) c . Off- street parking areas are paved and drained and not located in required front yards . Parking areas shall be paved and drained . ' • Exterior and interior lighting arrangements shall not produce glare . on adjacent properties . d . See also Section 1306 . 9 . Drive-in restaurant , car wash , etc . in C District . Permitted when curb cuts and driveways are welldefinedand no more than 36 feet wide , where driveways and required parking areas are paved and drained and where landscaping treatment is provide& for unpaved areas . ( See also Section 1306 . ) 10 . Gasoline service station in C District Permitted when : a . All fuel pumps , car lifts , pits and other service equipment are located at least 36 feet from the street right -of-way line and ho feet from other property lines ; b . All fuel tanks are installed underground ; c . Driveways and curb cuts are clearly defined , no wider than 24 feet and located so as not to interfere with traffic at any street intersection ; d . No equipment , vehicles , or any type of salvage or maintenance material or parts shall be stored outside unless enclosed by decorative fencing ; e . All such uses locating next to residential uses shall be screened from such uses by landscaping dense enough and high enough to reduce noise and screen out objectionable views f . Light sources shall not be more than 20 feet above the ground and shall not produce glare on adjacent properties . g . . See also Section 1306 . J , : ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1303 Special Permits ( continued ) 11 . New and used car sales , repair garages , etc . in C District a . Driveways and curb cuts are clearly defined and no wider than 36 feet . b . Driveways and parking areas are drained and paved and any front yard areanot used for parking shall be landscaped ; c . No equipment or any type of salvage , maintenance material or junk shall be stored outside unless enclosed by decorative fencing ; d . All such uses locating next to residential uses shall be screened from such uses by landscaping dense enough and high enough to reduce noise and screen out objectionable views ; e . Light sources shall be no more than 20 feet above the ground and shall not produce glare on adjacent properties . f . See also Section 1306 . 12 . Electric and gas transmission lines and substations in L , k and H Districts Permitted when such stations are attractively landscaped to reduce noise and screen out objectionable views from adjacent properties . 13 . Commercial excavation of sand and gravel , etc . in R Districts Permitted when : a . Such activities include effective plans and provisions for continuous restoration of excavation or cutting area to a usable state ; b . Detailed operation and reuse plans for such excavation or cutting area are submitted to the Planning Board for review and report prior to Board of Appeals action ; c . A performance bond has been posted in an amount of $ 1 , 500 for each acre of land to be excavated - or .cut . to ensure continuous restoration of the excavation or cutting area : Jv ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT • Sec . 1303 . Special Permits ( continued ) • 13 . Commercial excavation of sand and gravel , etc . in R Districts ( continued d . Such activity shall be subject to a renewal of the Special Permit every two years . No such Special Permit shall be renewed if the provisions of the operations and reuse plan for the previous permit period have not been followed . Sec . 1304 . Open Sec . 1305 . Airport Hazard Area . • Other provisions of this Ordinance to the contrary notwithstanding , no lot shall be less than 30 , 000 square feet in area , and no town. house or multi -family dwelling units , hospitals , nursing homes or places of public assembly shall be permitted without Zoning Board of Appeals approval in the area designated as "Airport Hazard Area" on the Land Use Control map . In addition , before a building permit is issued for any construction in said Airport Hazard Area the Zoning Enforcement Officer shall inform the applicant in writing of the noise and hazard conditions which are possible in the flight path of the Tompkins County Airport . Sec . 1306 . Commercial District 1 . No building permit shall be issued and no development shag occur in any Commercial District unless such development shall be Town A _ approved by the Elanning Board,.- C.W i ;c. - 0 2 . Such plan shall be submitted to the Plann ' ng Board for feview End approva] with a copy to the Town Board at the same time . In. . making its review the Planning Board shall be particularly concerned with : preventing the haphazard development of land and streets ; the ability of the proposed street system and off-street parking facilities to handle expected traffic in a safe and efficient manner ; the effect of the proposed development on natural surface - _: water drainageways ; the ability of water and sewerage facilities to 39 • ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT • Sec . .1306 . Commercial District ( continued ) accommodate the proposed development ; the opportunity for continued development of adjacent land in an orderly way ; and the general environmental quality of the proposal in terms of site planning and landscaping . - - dof - 3 . The Planning Board shall complete its reviewknd approve or and issue a. _ recommendation to_ the Town Board. disapprove an development proposal in a Commercial *District / ie within ' 57ays from the date it is submitted to the Planning ' l Board . Failure to complete such review withinth� day period a V recommendation _. for T-hhe Town__Board--shall- then •, .shall bean tantamounto/approval . E d the`Eaforcement- Officer review _such_ development _propos_al _and _the recommendation of 1, thePanning shall issue a building permit if all of the requirements set Bbard_and app-r, ove-or disapp:.rove_s.aid deye_l.opmeennt pr-oposal__within 30 days from either _ _ forth in Article XI , excepting Section 1106 . 7 , `shall have been the submission to ie of Planning Board recommendation or the complied with . _ expir_a_tion--.of the Plannin Board_ s_time to issue a recommendation , .whichever 4 . It shall be the responsibility of the developer to show that his occurs first in • • proposal will be visually in keeping with the uses permitted in ime . pon _ .approval of any development the abutting residential zone and that there will be sufficient proposal_,,t1 e__rown. Board shall _ issue a buffering in the form of decorative and/or dense landsca in building_ • ermit . c P S : • 822ftand /or decorative fencing , and/or other similar approved �! 1 methods a roved by the3PlanniniBoard ,.' 1 Z�- � F is l5 • Disapproval bythe PlanningBoard maybe , o 4t _ PP appealed to the Zoning Ir 0 ,, i / uc. ( Board of Appeals who shall make a determination in accordance with _ 14 tel _?:_____t___ ` _ a - _es the provisions of Article XVIII of this Ordinance , ice ==te—: 1307 . Planned Development Area ( PDA ) 1 . The purpose of this Section is to introduce flexibility in con - ventional land use and design regulations by employing performance criteria established to encourage development in an imaginative and innovative manner while , through the process of review, • discussion , and ordinance change , insuring efficient investment . in public improvements , a more suitable environment and protection of community interest . This Section is primarily related fn ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1307 . Planned Development Area ( PDA ) ( continued ) achieving innovations in residential development so that the demand for housing at all economic levels can be met by greater variety in type , design and siting of dwelling units , and so that the conservation and more effective use of limited land can be achieved . It is also recognized that certain types of non- ✓ esidential development are beneficial to the Town .and would not . contravene the long range General Plan objectives if they adhere tocertain predetermined performance and design conditions . The Planned Development is to be used to enable these nonresidential developments to occur even though they may not be specifically permitted by Article VI of this Ordinance . This Section further recognizes that , while the standard land use control function ( use and bulk ) and the subdivision function ( platting and design ) are appropriate for theregulation : of land u se in most of the restricted portions of the Town of Lansing , these controls represent a type of preregulation , regulatory ✓ igidity and uniformity whichmay be adverse to the objectives of land development contained in the Planned Development concept . Further , this Section recognizes that a rigid set of space require- ments along with bulk and use specifications would frustrate the application of this concept . Therefore , where the planned develop- ment concept is deemed appropriate through the rezoning of land by the Town Board to a Planned Development Area , the setof con- ventional land use activities and area specifications set forth elsewhere in this ordinance are hereby replaced by an approval process in which an approved Development Plan becomes the basis for continuing land use controls . 41 ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PIN' ITS AND PLANNED DEVELOPMENT Sec . 1307 . Planned Development Area ( PDA ) ( continued ) 2 . In order to carry out the purpose of this Section a Planned. Development Area shall achieve the following objectives : a . A maximum choice in the types of environment , occupancy tenure ( e . g . ., cooperatives , individual ownership , condominium , leasing ) , types of housing , lot sizes and community facilities available to existing 'and potential Town residents at all economic levels ; b . More usable open space and recreation areas c . More convenience and flexibility in the location of any nonresidential facilities ; • d . The preservation of trees , drainageways , Outstanding natural topography and geologic features and prevention of soil erosion ; e . A creative use of land and related physical development which allows an orderly transition . of land from intensive to less intensive use ; f . An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing and community costs ; g . A development pattern in harmony with the long range objectives ir of the General Plan ; • _ h . A more desirable environment than would be possible through the strict application of other articles of this ordinance . 3 . General _ Considerations a . Location of a PDA : see Section 601 . 54 . b . Permitted Land Use Activities . - All residential land uses are permitted in a PDA and any nonresidential land uses will be permitted if the developer can demonstrate that such uses will promote the long range objectives of the General Plan , will contribute to the quality of the proposed development for the area , and will lead to the direct or indirect enhancement of 42 ARTICLE XIII : SPECIAL COIDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1307 . Planned Development Area ( PDA ) ( continued ) e - the surroundingneighborhood in teras of open space , vehicular and pedestrian traffic movement , community operating costs , landscaping , preservation . of natural features , and an improved living environment . k . Preliminary Proposal . Any applicant wishing approval for a Planned Development Area shall submit his request to the Planning Board , with a copy to the Town Board at the same time , in the fan of • a Preliminary Proposal which shall include : a . A sketch development plan showing existing and proposed land, use and the approximate location of proposed buildings , existing ; topographic characteristics , approximate location of streets - and easements , and existing land uses immediately adjacent to the proposed PDA . b . A written explanation of the character and purpose of the - Planned Development including the type and density of any housing proposed , the water and sewage disposal system proposed , a general statement of proposed financing , and an indication of the expected timetable for development 5 . . Developer ' s Conference . Within 45 daysafter receipt of the Preliminary Proposal the Planar— ing Board shall schedule a conference with the applicant to review the proposed Planned Development . If said proposal seems to be in accordance with general planning objectives for, the area , and the objectives of this Section , the Planning Board ' and applicant sh? j1 jointly consider the conditions and specifications under which the proposal C� be approved . After such conference if the applicant wishes to proceed with the Planned Development he shall submit to the Planning Board a written Statement of Intent to comply with the ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT • Sec . 1307 . Planned Development Area ( PDA ) ( continued ) conditions and specifications as established . If .agreement on conditions cannot be reached the Planning Board may , at thattime , recommend to the Town Board that the proposal not be approved . Such recommendation shall include a detailed explanation of the basis for the Planning Board ' s decision ..• 6 . Approval of the Statement of Intent . Upon receipt of the- applicant ' s statement of his intention to comply with the established conditions the Planning Board shall , within thirty days , forward to the Town a.a °. Board its rec.ommendation/to`= pprov ,the development a stablis cam_ the PDA . Such approval report shall include_ .' a . A statement as to the effect of the proposed PDA on the objectives of the General Plan and the character of the neighborhood . b . A statement of the conditions and covenants which the applicant shall abide by in developing the nroposedlplanned development . c . The applicant ' s Statement of Intent tocomply with the required conditions . d . A recommendation on the amount and type of performance guarantee which the developer should provide. - 7 . Approval of the Planned Development Area . Within forty f iveNdays_ after receiptof the Planning Board ' s recommendation to approve or disapprove the proposed PDA , the Town Board shall hold a public. hearing in accordance with Article XIX of this Ordinance . Within. ten days after such public hearing the Town Board shall approve conditionally or disapprove the proposed PDA . I Conditional approval shall be for a period of one year and shall be subject to acceptance of the Final Development Plan by the rrF j Board . When conditional approval is granted the location of the PDA shall be noted on the . Land Use Control Map . II. 44 ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1307 . Planned Development Area ( PDA ) . ( continued ) _ In the event the Town Board wishes to act contrary to the recommendation of the Planning Board , such action shall be made only by a majority plus one vote . 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 . Such submission shall include : . a . Drawings showing the final location of any streets and plot lines , the location of all buildings and land use activities , any areas to be conveyed , dedicated or reserved for parks or open space , • a clear indication of the appearance of proposed structures and the materials to be used , and a landscaping and tree plant— ing plan . • • b . Written statements including any staging of construction • being considered , a timetable for beginning and completing construe— • • tion of each stage , and proof of any performance guarantee which may be required by the Town Board . • c . Any additional drawings or statements which may be required. by the Planning Board in making its review. Written approval • d . A written rec_ommexadatio:n _ concerning the Final ISevelopment Planr hal.l_be ed tfi led_by th . Planning.„ Board rd with the To a of a Final Development Plan .bythe Planning _- , B with the Town Clerk and the Enforcement Officer . This shall Clerk _ and ._ . the_Enfo.rcement af.ficer ._„ Jown Board shall onaitute authorization for the Enforcement Officer to Issue then review same , and upon approval ., issue a building a build - - - _ _, gf.tand for the applicant to proceed with - the permit - cc s iall authorize__ the _ applicant to proceed Planne development . p with the Planned Develo ment . 9 . Review . One year from the date of conditional approval by the . Town Board the proposed Planned Development shall be subject to review by the Planning Board . If a Final Development Plan has not been submitted , or substantial progress made toward eventual completion of the project , the Planning Board may recommend to the • / ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS . AND PLANNED DEVELOPMENT 45 Sec . 1307 . Planned Development Area ( PDA ) ( continued ) • • Town Board that conditional approval be withdrawn or , with good cause , extended for an additional year . In eny event the Planned Development shall be subject to annual review by the Planning Board , and action by the Town Board , until it is completed in accordance with the Final Development Plan . If conditional approval of the Planned Development is with-drawn atany time the land use regulation applicable to the area prior to approval of said Planned. Development shall again be in effect . 10 . Control of Planned Develo Town pment . Afterli anni Board approval . of a Final Development Plan for a PDA minor ' changes , extensions or alterations in said development may be made only after they cpwiroved ew n44 and _approved_bhave been by - said�Pianning Board Major changes such as increased density or reduction of open space are subject to. the same review and approval procedure as applied to the original application . 11 . Certificate of Occupancy . Upon completion of the PDA , or any stage of it , the Enforcement Officer shall issue a Certificate of Occupancy in accordance with Section 1702 of this ordinance. 12 . Subdivision of a Planned Development Area . All sections of a subdivided PDA are to be controlled by the Final Development Plan . The provisions of Subsection 10 governing changes in the Final Development Plan will apply even though subdivision has occurred. The owners or lessees of a subdivided PDA may jointly or separately make application under this ordinance for an amendment to the Final Development Plan . 13 . Site Plan Review in Subdivision Control . If part of a Planned_ Development proposal involves the subdivisionof land into smaller parcels for sale to individual owners , the site plan review required by this Section shall suffice for Planning Board review under the 46 ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT • Sec . 1307 . Planned Development Area ( PDA ) ( continued ) Town ' s subdivision regulations . In such cases the developer shall prepare a subdivision plat suitable for filing with the Tompkins County Clerk in addition to the required PDA : drawings . Final site plan approval under this Section shall constitute final plat approval under the Town subdivision regulations and the plat shall be filed with the County Clerk in the manner prescribedby said Town subdivision regulations . 4 ( ARTICLE XIV . 011' - STREET PARKING Section 1400 . Off - street parking and loading shall be provided as specified in this Article and shall be paved or graveled , drained , maintained and provided with necessary access driveways . All such parking space shall be considered to be required space on the lot on which it is located , unless otherwise stated , and shall not therefore be encroached upon in any manner by nonparking activities . Section 1401 . All land use activitiesermittby'ed this P Ordinance , including variances and special permits , shall provied at least the amount of off - street parking Space spec - ified in pec -ified . in the following schedule : 1 . For dwelling units : - one and two family dwellings - Ione : space per -all other dwellings - 1 . 5 spaces dwelling unit . per dwelling unit . 2 . For motels , rooming or tourist houses : - 1 . 25 parking spaces for each room let for rent . '. 3 . For public or private parks or playgrounds : - one parking space for each 5 , 000 square feet of open space area or major fraction thereof > r up to 10 spaces and , thereafter , onespace for each 10 , 000 square feet or major fraction thereof . 4 . For commercial or semiprivate recreation ; facilities : - one parking space for each 200 square feet of space enclosed for indoor facilities plus ample space toaccomodate the expected parking requirements of any outdoor facility . 40 ARTICLE XIV . OFF - STREET PARKING ( continued ) Section 1401 . ( continued ) 5 . For a restauraunt , social club or similar use : - one parking space for each 100 . square feet of gross floor area . 6 . For small retail uses or convenience goods . or personal services : 1 _ - one parking space for each 250 square feet of business floor area . 7 . For shopping centers or shopping plazas where concentrations of retail stores are located : -3 square feet of parking space for each square foot of gross floor area . 8 . Professional office , studio or bank : - one space for each 200 square feet ofgross floor area plus one space for each employee . 9 . For research offices and laboratories : - one space for each 200 square feet of gross floor area . 10 . Home occupation : - in addition to the dwelling unit requirements. , one space for each 100 square feet of floor area devoted to such home occupation . 11 . For manufacturing activities : . - one space for each 2 employees . 12 . Theaters , churches and places of public assembly . - one parking space for each eight seats . 13 . Bowling alleys : - five parking spaces for each alley . ] • ARTICLE XIV . OFF -STREET PARKING ( continued ) ' Section 1401 . ( continued ) 14 . For all service uses such as printing. welding , - one space for each 500 plumbing and similar shops : square feet of floor area devoted to such actin 15 . Drive - in facilities , such as restaurants , ice cream stands , banks , etc . - Parking 1 and driveway areas must be shown to be adequate for thecpro posed use . Such adequacy shall be of primary importance where the possibility of impeded traffic flow on a main thorofare exists . - s i 50 • ARTICLE XV : SIGNS • Section 1500 . The intent and purpose of this Article isto extablish specifications for the provisions of signs in those certain Land Use Controlled Districts and alsofor the unzoned area of the town which will permit proper identification D preserve and enhance the visual characteristic quality of the area and prevent installations which are particularly distr- action and hazardous to vehicular traffic . Sections 1500 through 1511 apply to control. districts R , L , M , H , C , and I . Sections 1509 through 1512 apply to the zoned and unzoned area in the Town of Lansing as specified . Section 1501 . In general , and unless otherwise specified in this Article , signs shall be located on the ' premises theya advertise and shall not flash or move , or have ' the appearance of flashing or moving . No signshall be located closer than. o oaverling • any road right - 10 feet to any road right- of -way lineA his prov£is.ion shall . not apply to those signs needed for public safety and traffic: control . Section 1502 . All land use activities permitted by this Opermits ,rdinance , including variances and special ts . ma Y pro- vide signs if such signs in accordance with the following specifications : 1 . Signs required by law and official signs re - quired bya governmental agency are permitted as required . 2 . Temporary signs for construction : - one in number not to exceed 32 square feet in area . , Such signs shall be removed after construction has been completed . . 51 • ARTICLE XV : SIGNS ( continued ) • • Section 1502 ( continued ) 3 . Multi - family dwellings , town houses , rooming houses and tourist homes : - identification sign shall be situated within the property lines of the premises identified and shall non exceed one in number 'i or be greater. than 9 square feet in area „ 4 . Professional office , studio or funeral home : - one sign , provided that such sign does not exceed 9 square feet in area and is nonflashing . 5 . Home occupations : - identification signs shall bear only the name of the person residing on the premises and the profession or occupation being conducted on the premises . Such sign shall be located within the property lines of the premises l identified , shall non exceed one in number and '' 9 square feet in area and shall be nonflashing . 6 . Retail business establishment : - identification signs shall not exceed two in number the aggregate of which shall not exceed 50 square feet in area . Identification signs may be freestanding or attached to or part of , the facade of the building . Such signs shall . be nonflashing . 7 . Commercial recreation and amusement facilities whether indoor or outdoor, automobile sales establishments , wholesale , bulk storage and 52• ARTICLE XV : SIGNS ( continued ) • • Section 1502 . ( continued ) warehouse facilities , building supplies and similar activities : - identification signs not to exceed two in number the aggregate of which shall not exceed 100 square feet in area . Such signs may be freestanding or attached to , or part of , the facade of a building and shall be nonflashing . 8 . Shopping centers or plazas , manufacturing , assembly or industrial uses : - identification signs shall not exceed two in numbera e ch of which shall not e cee x d0 1 0 square feetinarea . Such signs may be freestanding or attached to , or part of , the facade of a building . . Il No such sign shall be located closer than fifteen feet from any road right - of-way line . If illuminated , signs shall be nonflashing . 9 . Printing , welding , plumbingand similar r service uses : identification signs shall not exceed one in number and shall not exceed 60 square feet f et in area . If illuminated such signs ' shall be nonflashing . 10 . Gasoline service stations and service and repair garages : identification signs not to exceed two in number each of which shall not exceed a total of 32 square feet in area . Such signs shall be nonflashing . Additional small advertising signs 53 ARTICLE XV . SIGNS ( continued ) Section 1502 . ( continued ) shall not exceed two in number each of which shall not exceed 6 square feet in area . 11 . Motels : . - identification signs not to exceed two in number each of which shall not exceed 100 square feet in area . Such signs shall be located on - t the premises they identify , shall not be closer than 15 feet from any road right -of -way and , if illuminated , shall nonflashinger 12 . Billboards -Outdoor advertising billboards or signs greater than 120 wquare feet shall not be permitted in restricted areas of the Town of Lansing , 13 . For all other nonresidential uses : ?, identification signs not to exceed on in number or be greater than 50 square feet in area . Such signs if illuminated shall be „; nonflashing . Section 1503 . No illuminated sign shall bepermitted or installed which would be distracting or hazardous to vehicular traffic . Section 1504 . Illuminated advertising signs in all land use control areas except C areas shall not be lighted between en 10 o ' clock p . m . and sunrise each day . Business identification signs may remain lighted during normal business hours in all districts . Section 1505 . No sign shall be higher than g h n Itwo times the overall height of the building it identifies , or 25 feet from the ground , whichever is more restrictive . 'f 54 ARTICLE XV . SIGNS ( continued ) Section 1506 . If a sign is irregular in shape or consists of independent , detached letters or symbols . the area of said sign shall be determined by measuring the area within a regular the sign or enclosing polygon completely enclosingnsuch independent letters or symbols as they are intended to be installed . Section 1507 . In determining the permissible area of any sign only the largest side of a two or three sided sign need . be measured . Section 1508 . All signs shall be properly ± epajred • and. painted as necessary to maintain their appearance . If such repairs or painting is not proveded by the owner the zoning enforcement officer may order removal of the sign after the owner has received written notice . Section 1509 . Application for permit : Applications for permits shall be required in duplicate for signs in excess of 9 square feet in area . The application shall be submitted to the Zoning Enforcement Officer and contain the following information : !` a . The name , address and telephone number of the applicant . b . The location of the building structure , or land on which the sign is to be erected . c . A sketch showing the description of the sign and and the location of the same on the premises . d . The written consent of the owner of the building , structure of land upon which the sign is to be erected , in the event the applicant is not the owner thereof . 55 ARTICLE XV . SIGNS ( continued ) Section 1510 . Fee - the Application for said permit shall. be delivered to the Zoning Enforcement Officer with a fee of $ 5 . 00 . Section 1511 . Issuance of Permit - It shall be the duty of l the Zoning Enforcement Officer upon the filing of the application for a permit to erect a sign , to examine the plans , specificat — ions , and other data submitted to him inconsultation with the Planning Board . If it appears that the proposed sign is in compliance with the requirements of this ordinance , heshall thereafter , within five days , issue a permit for the erection of said sign . If the Town Zoning Officer shall refuse to grant said permit , the applicant may appeal the decision to the Zoning Board of Appeals . ' Section 1512 . Signs gns in the unzoned Area 1 . The following regulations shall apply to signs in the unzoned area : a . A maximum of two signs for any one business . Y mess . b . Any illuminated sign or lighting device shall apply only to lights emitting from a light of constant intensity , and no sign shall be illuminated by or contain flashing , rotating , or moving light or lights . Further , no illuminated sign or other lighting device shall be so placed . or directed so as to permit the beams and lighting to be directed or beamed upon a public street , highway , sidewalk or adjacent premises , so as to cause glare or reflection that may constitute a traffic hazard or nuisance . >v • ARTICLE XV . SIGNS ( continued ) Section 1512 . ( contirued ) c . Professional name plates and signs denoting the name and address of the occupants of the premises , . and signs denoting names of professional business and personnel , such as doctors , lawyers , and signs denoting places of worship , libraries, museums , . social clubs or societies are permitted . ' d . No permit shall be required for any sign not exceeding 9 square feet in area . . e . No permit shall be required for a sign erected and maintained pursuant to and in discharge of any governmental function , or required by any law , ordinance or governmental regulation . . 001 ARTICLE XVI : NONCONFORMING USES Section 1600 . Continuance Except as otherwise provided in this Article , the law rul use of any building or land existing at the date of adoption o f this Ordinance may be continued even though such use does n ot conform to the provisions of the Land Use Control ° District in which suchland is located . Nonconforming use rights , subject to the provisions o f this Article , remain with the land when title is transferred . - Section 1610 . Extension or Enlargement A nonconforming building or land use activity may n ot be extended in area or intensity or expanded to other _ . structures or land not already devoted _ to such use except by means of a variance granted by the Board of Appeals ! . No variance permitting extension or expansion of a nonconforming u se or structure shall be granted by the Board of Appeals unless the regulations of this Ordinance for the district in which said nonconforming use is located , other than the use of land , can be substantially complied with or unless Board determines that a demonstrable hardship exists . Section 1602 . Restoration and Repair A nonconforming structure or part thereof which is damaged or destroyed may be restored to safe and sanitary condition . Section 1603 . Changes A nonconforming use may be changed to another nonconforming use only by variance granted by the B`ca rd of Appeals . No nonconforming use shall , if once changed to a nonconforming use , be changed back to a nonconforming use . 50 ARTICLE XVI : NONCONFORMING USES ( continued ) Section 1604 . Abandonment or Discontinuance • Abandonment or discontinuance of any non- conforming use for a period of 12 months or more shall terminate such nonconforming use of the structure of premises . no such nonconforming use shall be reinstated except by variance granted by the Board of Appeals and any subsequent useof such building or premises shall be in conformance with the provisions of this Ordinance for the area in which such building Il or prem- isesis .located . The date of abandonment or discontinuance of a nonconforming use shall be determined by the Board of Appeals . Extension of the termination date of such nonconforming use for an additional 6 months may granted by the Board. of Appeals if a written request is made by the property owner . • _ jl . ;_ RTICLE XVII : ADMINISTRATION . Section 1700 . Enforcement This Ordinance shall be enforced by the Zoning Enforce - ment Officer who shall be appointed by and serve at the pleasure of the Town Board . The Town Board , if circumstances warrant , ii shall have the power to appoint additional officers , either on a. temporary or permanent basis . S ection 1701 . Building Permit : No building shall be erected , moved , structurally altered , o r enlarged , and no excavation for any building shallgbe begun w ithin the zoned area of the Town of Lansing without ° a building permit except that no building permit shall be required in any unzoned area or for normal maintenance and repair work , for painting , interior decoration , landscaping and the construction ' or erection o f any structure such as a utility shed or animal shelter where A _p.licarti.on f- r�- the total floor area is sixty square feet or less . �' Su'ch building shall be made -_ to. . the-Eforcement Officer and such p� rmits„ perms s ay be issued by -the Enforcetent-0-fff6iiikaftert a review of. the work proposed '. Where the proposed construction , alteration or o'er { Town_B.o.ardUse of the buildingis in violation of any of the provisions of as required b .. the prothis Ordinance . no building permit shall be issuedexcepton written visions of this ordinance order of the Board of Appeals after an appeal has been made and the Board of Appeals has acted in accordance with t1t9 . r1t1 of this Ordinance . . „ 7 S ection 1702 . Certificate of Occupancy Upon completion of any building for which a building permit is required , and prior to occupancy , the Zoning Enforcement Officer shall inspect the building for compliance with the Zoning Ordinance . If , in the best judgment of the Zoning Enforcment Officer , the building meets all zoning specifications a Certificate of Occupancy shall be issued and the building may - occupied . If the building 60 ARTICLE XVII : ADMINISTRATION ( continued ) Section 1702 . ( continued ) construction is in violation of the Zoning Ordinance , the law shall be enforced as stated in Article XVIII of this Ordinance . Section 1703 . Health Department Requirements No building permit or certificate of occupancy issued under the terms of this Article shall become or remain valid unless the holder thereof has complied with the applicable rules and regulations of the Tompkins County Health Department . Sanitary Ordinance . ft - • • • • it 61 • ARTICLE XVIII : APPEALS Section 1800 . Board of Appeals There is hereby established a Board of Appeals, - _ u which shall function in a manner prescribed by Sec . 267 of Town. Law of the State of New York . The members of the Board of Appeals shall reside in the restricted land use control ;districts of the Town of Lansing and shall be appointed by the Town Board to serve i for terms as prescribed by law . Vacancies occuring . inisaid Board by expiration of term or otherwise shall be filled in the same manner . r. The Town Board shall designate a chairman and. the Board of Appeals shall choose its vice chairman who shall preside in the absence of the chairman . In the absence of both the chairman and the vice chairman , the Board of Appeals shall choose one of its members as acting chairman . Such chairman , ; or the party acting in his stead during his absence , assumes duties of the chairman , and may administer oaths and compel the attendance of witnesses . . - .The Board of Appeals shall adopt such )rules and regulations ad it may deem necessary to carry into effect the provisions of this Ordinance and all its resolutions and orders shall be in accordance therewith . The Board of Appeals shall take minutes of all of its meetings and keep a record of its proceedings and its vote on every question, - _ - m ' • n! Section 1801 . Grievances and Appeals • Any person aggrieved by any decision of any officer charged with the enforcement of this Ordinance 'nay take an appeal to the Board of Appeals . ,Dere shall be. -no_appeal to the Board of_Appeals from any determination of the TownBoard . BoarAppeals The Board---of A peals shall, in accordance with the provisions hereinafter contained in this Sartinn : ARTICLE XVIII: APPEALS ( continued ) Section 1801 1 . Hear and determine appeals from any refusal of a building permit or certificate of occupancy by the & Enforcement Officer— person designated to issue such permit or certificateiinj in accordance with the provisions of Sections 1701 and 1702 . the 2 . Review any order or decision of lsaid�' Enforcement Officer person where such order or decision is based upon the require - merits of this Ordinance ; !' ` 3 . Hear and decide all matters referred to it or upon which it is required to pass by the terms of this /4 ard of Appeals shall ; notal Ordinance , The _ Board pp , have_ jurisd:ictior to hear-Se _appeals_ _ from _determinattons - of_ the -Town. :Board , in . _particular -.de x ' ction . 1802 . Variances . ~ terminations relating to t eh creation of a PDA Where there are practical difficulties or or ' the issuance of building 15 -et-nits unnecessary hardships in the way of carrying out the strict letter pursuant _to the . proms onf. this Ordinance , the Board of Appeals shall havethe power , in of_ sections .. 120k, and passing upon Appeals , to vary or modify the . application of any of 13.06 of this ordinance . the regulations or provisions of this Ordinance so that the spirit. : o f the Ordinance shall be observed . All Appeals related to the use of (land ( rather than area requirements such as lot size , frontage , etc ) shall be ✓ eferred to the Planning Board for review as to the conformance w ith the objectives of the Master Plan . No decision ) sall be made by the Board of Appeals untilisuch Planning Board review has been completed and a report issued . If the Planning Board fails to issue its report within 30 days the Board of Appeals shall assume. that a favorable report has been issued. . Section 1803 . Procedure 1 . The Board of Appealsshall hold a public hearing on appeals within 60 days after receipt and give due notice o f such public hearing by advertising in the official newspaper at least 5 days prior to the date thereof . 1 A. I IIS ARTICLE ?VIII : ( continued ) I II , Sect. on 1803 . Procedure ( continued ) iM•. : 1v,, 01r ;2 ° I , The Board of Appeals shall , at least 5 days before ' CrI _r% ./�" �r a public hearing , mail notices thereof to the parties , to the E . ,. Regional State Park Commission having jurisdiction over any state H Hs 0 +park or parkway within five hundred feet of the property affected � I N , by 'Ilsuch appeal , and to theowner of all land parcels contiguous ) • o l - 1-1 toi that in question . 1 • rrsu � � All cases requiring a o • C 4 3. [ d o-fA he Boarpp-eahs .,_before taking final action on "• • fD within K M : c any special permit or variance affecting real property lying i 1-'• a Pi as ;P• a distance of 500 feet from the boundary of any city , village or ,, H4g town , or from the boundary of any existing or proposed county mm sic � oristate park or other recreation area , or from the right - of -way 0 • • 0 r. ' of any existing or proposed county or state road or highway , or H. I m N a o • • w from the existingor proposed right - of -way of any stream or ,t , •, � P P npi � ' ° drainage channel owned by the county or for which the county has o g . °,. established channel lines , or from the existing or proposed o x • boundary of any county or state owned land onlwhich a - public m be referred _ E : o building or institution is situated , shall refer such ] matterlto . � a • n '' _ a the Tompkins County Planning Agency for reportand recommendation. *c • 0 N '"'' If the County Planning Agency fails to make such report within • • id p a � tn� k maybe taen Ill 3Q; days after receipt of referred matter the Board of `Appeals° I . N may act without such report . If the County Planning Agency dis -- • a) approves roves the propl a Pposal , or recommends modification thereof , the o I1 m ' _ Board of Appeals may act contrar to such disapproval or recom - ) 171 0 mandation only by a vote of a majority plus one of all the members rr _ H ' E• • N thereof . The Board of Appeals shall file a report of its action F'- ' c' with the County Planning Agency within 7 days after such action1-3 _- 0J 1 o m is taken. p H 1.c 4• . The Board of Appeals shall decide on appea`Iils or other crl matters referred to it within sixty days after final public hearing . ARTICLE XIX : AMENDMENTS • Section 1900 . The regulations and provisions of this O rdinance may be amended , supplemented or repealed by the Town B oard after legal notice and public hearing as specified in this Article . Section 1901 . Each proposed amendment . if initiated by an agency other than the Planning Board , shall be referred to the . P lanning Board for review and recommendation thereon before the public hearing hereinafter provided for . Section 1902 . The Town Board shall fix the time and place fora public hearing on the proposed change or amendment and cause notice to be given as follows : 1 . By publishing a notice of time and place at least 10 days in advance of such hearing in the official paper of the Town 2 . By submitting a written notice of any change or amendment affecting property within 500 feet of the boundaries of any state park or parkway to the regional park commission having jurisdictionover such park or parkway at least 10 days prior to such hearing . 3 . By submitting a written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any adjacent village , town or county to 11 the clerk of such village , town or county at least 10 days prior to such h earing . Section 1903 . The Town Board shall refer certain proposed. amendments to the Tompkins County Planning Agency as specified in . . and in accordance with , Section 2391 of Article 12 -B of the G eneral Municipal Law . ® C P ARTICLE XIX : AMENDMENTS ( continued ) Section 1904 . In case of a protest against such proposed55 change or amendment signed by the owners of 20 percent . or more of the area of land included in such proposed change or by 20 percent or more of all land owners within 100feet from the boundaries of the area of land to be included in such proposed 0 JE change , such amendment shall not become effective except by a favorable vote of four members of the Town Board . Section 1905 . In approving subdivision plats which require modifications of the zoning regulations , the Planning Board may make such zoning changes only after these have been disclosed at the public hearing required by the. Land Subdivision Rules and Regulations for the Town . Changes made pursuant to this section are at the discretion of the Planning Board and must be made in accordance with the provisions of Section 281 of Article . 16 of Town Law . - Section 1.90.6_. " Noth.i.ng__in this ordinance or in, ' amendments there- to shal.l_be construed as changing the plans or uses of present_ buildin s ` or the=conp_truction - use or occupation_ of an , _ A d Fr g for which- a permit _ �.. .,r- . _.__ . y_ buildin f has heretofore been issued , all plans heretofore filed and approved 3 -- .-/and _ approved building permits heretofore issued are hereby approved , ratified , and confirmed _and the _ rights_to_ _construct thereunder arepv hereby vested in the holders thereof . " II a Minutes LANSING PLANNING BOARD March 28 , 1967 ; Town Hall • Special Meeting PRESENT : James Showacre , Chairman ; Mrs . Viola Miller ; Messrs . Frederick Edmondson , Paul Barron , Alex Cima , John Ettinger , Hank Ley Town Board : Harris Dates , Town Supervisor ; Fred Spry , Charles Howell , James Kidney Also attending : Thomas Niederkorn , Planning Consultant ; Patricia Nordheimer , Ithaca Journal ; Cushing Murray and Oliver Holden , Assessors ; James Howell ,Water Superin- tendent ; Mrs . Jane Bush , Town Clerk * * * * The meeting was called to order by the chairman at 8 : 00 p . m . Showacre Meeting called to discuss the formulation of land subdivi - PURPOSE sion rules and regulations . Lansing possesses or is in the process of developing most of the inducements for re - OF sidential and business development . Problem is to assure that the development occurs in such a way that the town MEETING , will improve and that the costs are equitably distributed . Land subdivision regulations are a means of providing that BACK- 4110 the proper steps are taken by subdividers to prevent their projects becoming a financial burden on the local taxpayers . GROUND By law , subdivision review and approval may be exercised only by the planning board of the community . This author- ity is granted to the planning board by the town board . Rules and regulations are formulated by the planning board with the advice and assistance of the town board , given a public hearing , adopted by the planning board , approved by the town board , and thus become town law . A tentative schedule showing steps to be taken in formulating land sub - division rules and regulations is appended . (Exhibit IV) Edmondson Contents of each set of subdivision rules and regulations is different as each is tailored to the town involved . The basic concern in each is for health , safety and welfare of the re- sidents . Formulation of these rules is a difficult task tak- ing time , effort , and the assistance of a skilled engineer . At present a private group is making a survey of the housing needs in Lansing . Niederkorn Problem is two- fold - - decide what you want to do , then do it . The board must attack the first , a consultant can give much assistance in the second . The usual procedure is for a consultant to draft a set of rules , explain it to the board , • revise it , discuss and modify until it fits the needs of the town , finally it is adopted . Plans can be complex or simple . They do not give control over land use , but do regulate those areas which might become town responsibility - roads , water , sewer , etc . Minutes , LANSING PLANNING BOARD , March 28 , 1967 ; Town Hall , Special Meeting ,page 2 • Dates Town board wishes to encourage builders , but not at the ex- pense of the town taxpayers . Should there be a slower approach made by the planning board , more public relations work? Showacre Planning Board has created a planning council to be composed of residents in all areas of the town . These people will receive information from the planning board and distribute it to their neighbors . It is planned to send out newsletters when funds are available and when there is news to be told . Subdivision rules is an important means of improving the town while protecting the taxpayers . As such it is a possible first action of the planning board and a means of interesting the taxpayers . Dates Will you be prepared to send speakers to interested groups in the town? Showacre Yes . But the planning board needs to become better informed before it meets the planning council and other groups . That is the purpose of this meeting - to become better informed . Miller The first meeting of the planning council is scheduled for April 3 , to begin the study of the town of Lansing . • C . Howell I understood that the planning board was to develop a map showing land use in Lansing . This subdivision rules and regulations is entirely different . Won ' t the builders be - come discouraged if we make too many rules ? Showacre A master plan for land use in Lansing is a long term project of the planning board . Many studies need to be made before it can be completed . In the meantime , a simultaneous project of smaller scope can be the subdivision rules which will give us some control over what happens in the town . C . Howell We already have some rules on the books and subdividers come to the town board to find out what they are . I am concerned that we do not become too restrictive . What is the authority of the planning board if rules are adopted ? What would the regulations cover? Who insures the implementation of the rules ? Why were not other big builders in town invited to this meeting? Neiderkorn When a subdivision regulation is approved by the town board , the county clerk is notified and asked that all subdividers filing plans in the court house be required to have plans approved by the planning board . This would prevent clear titles being obtained by those builders not complying with • the rules . Honest builders will not be harmed . The others would be controlled . Ettinger The rules now on the town board minutes should be incor- porated into the proposed rules . They would then be more concrete and in an easily accessible form . Minutes , LANSING PLANNING BOARD , March 28 , 1967 ; Town Hall , Special Meeting , page 3 • Cima All builders in the town were personally contacted . They are not presently interested in the planning board . Kidney Am I correct in believing that to qualify for state and federal monies under the 701 program we must have a plan- ning board with the authority to review and approve sub - division rules and regulations ? Niederkorn Yes . The planning board must have approval rights over subdivision . Dryden has qualified under the 701 plan and has received money for a master plan study . Spry If a decision of the planning board is not acceptable to a minor developer - one building a home on his property for a relative - what is his recourse ? Under the rules could he put a trailer on his property ? Niederkorn His recourse is to the courts . Showacre He could put the trailer on his property . That comes under land use , which is not regulated by subdivision rules . Dates What can the town board do to help . • Showacre We will be meeting soon with the state representative to discuss the 701 program . We would like to be able to tell him we are working toward meeting the regulations to qualify . If we are to go ahead on the subdivision rules and regula- tions , we would like some assurance that the town board is going to support us in this project and work with us on it . Miller The members of the planning board are willing to give as much time and effort as is needed to this project if it is what the town board wants done .. If it is not , the time would be wasted and we might better be working on a different project . Dates I can assure you that the town board is interested in having the rules and regulations and at the proper time will give the planning board the authority to administer them . Meeting was adjourned at 9 :45 p .m . 4110