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HomeMy WebLinkAbout1974-09-11 ' . ' s Lansing Planning Board Fm Post Office Box No. 60 South Lansing, New York tt + / te,✓ i.-:rm t . . ... I, �� micYi _.,s ....».. }'. .. gig rte. ��. ,...t._........d ..,..,�-'�� 5 eV i` ¢a. . . � � �.a... - ...� � �.,. .n,:;s_ • r ell A 3 gt September 11 , 1974 SIA 10 i MEMORANDUM t- to Lansing Town Board 4 from Lansing Planning Board ._€ The LansingPlanningBoard met at an adjourned meet - 0 T J on August 19 , 1974 to consider all changes that must be present 1 - i made in the / Lansing Zoning Ordinance ( such changes con- cerning site approval and granting of building permits ) to make it conform to New York State law as defined ye by recent court rulings . After considering all such unanamously 4. changes the Planning Board/ approved all of them . i' In addition to the above , at its regular meeting on 4/4 September 9 , the Planning Board did examine and approve the addition to the present ordinance , Article XX1 , the Section 2101a - Town Law . Viola H . Miller Chairman Lansing Pl . Boadd F , I NOTICE Please take notice that the Town Board of the Town of Lansing will hold a public hearing on the day of 1974 at 8 : 00 in the evening at the Town Hall of the Town of Lansing to hear all persons interested in proposed changes to the Zoning Ordinance of the Town of Lansing . The proposed changes update the Zoning Ordinance to conform to New York State law and are as follows : 1 . Sections are amended in accordance with state law to provide that the Town Board is the Board which issues building permits and approves site plans . 2 , The duties of the zoning officer are limited to enforce - ment of the ordinance and issuance of certificates of occupancy . 3 . The Board of Zoning Appeals would review denial of building permits by the Town Board on appeals by aggrieved parties . They would continue to grant variances except in cases where planning board review of the application is required , in which case the Town Board would be empowered to grant variances when considering the building permit application . 4 . The Planning Board would review certain applications for building permits and give advisory opinions to the Town Board on their issuance . Other minor changes are incorporated in the Zoning Ordinance to conform to state law and provide consistency with the above . The proposed changes are set forth in a copy of the Ordinance on file with the Town clerk open to public inspection during normal office hours . The specific : paragraphs changed are set forth below . PAGE LOCATION DESCRIPTION 5 Paragraph 35 Line 3 6 Paragraph 43 Line 2 - addition 30 S1206 - Paragraph 1 Line 3 •- addition 30 S1206 - Paragraph 2 Line 2 31 81206 - Paragraph 3 Line 1 and 2 31 S1206 -• Paragraph 3 Line 5 -- additions 31 91206 - Paragraph 4 Line 6 31 81206 - Paragraph 5 Line 1 32 81301 Line 5 and 6 32 81302 Line 1 and 2 33 91303 Line 1 and 2 33 S1303 Line 3 - addition 37 91303 - Paragraph 13 ( b ) Line 3 ibt - 2 - 38 81305 Line 4 38 , S1306 - Paragraph 1 Line 3 - addition 39 . • S1306 - Paragraph 2 Line 2 39 S1306 - Paragraph 3 Line 1 , 5 , 6 - addition 39 S1306 - Paragraph 4 Linn 6 39 S1306 - Paragraph 5 Line 1 42 S1307 - Paragraph 5 Line 7 43 S1307 - Paragraph 6 Line 4 and 5 44 S1307 - Paragraph 8 ( c ) Line 5 45 S1307 - Paragraph 10 Line 2 and 4 - additions 54 S1509 Line 4 55 S1511 Line 6 , 7 , 8 59 81701 Line 9 59 81701 Line 15 •- addition 61 S1801 - Grievances and Line 3 - addition Appeals 62 S1801 - Paragraph 1 Line 3 62 51801 - Paragraph 2 Line 1 and 2 • 62 S1803 - Procedure Addition 63 S1803 - Paragraph 3 Addition 65 81905 Line 2 , 5 , 6 - additions 5 2 to / /e bti elhA9k? ' Dated : Sr' ptember 11 , 1974 By Order of the Town Board Jane c . Bush Town Clerk �. � of l f/ , rQ Summary of Major Changes in the Lansing Zoning Ordinance as /Proposed by the Town Planning Board atthe Town Board Meeting Sept . 11 , 1974 . / 1 . The planning board would no longer be authorized to approve VVV building permits . /2 . The Town Board would be required to approve all building permits and all sign permits . 3 . The ' enforcement officer would no longer iE issue building permits or sign permits . 4 . The Town Board would issue all building permits and sign permits . 5 . The town Board would be authorized to grant variances . ( There is no requirement for a legal notice to be published or a public hearing to be held . ) 6 . The requirement that the Board of Zoning Appeals must approve special permits for commercial excavation in residential zones is eliminated . 7 . The requirement that the Board of Zoning Appeals must approve permits for the construction of multi- family dwellings , nursing homes , places of public assembly etc . in the Airport Hazard Zone is deleted . Such uses must now be approved by the Town Board . 8 . After a planned development has been approved , subsequent major changes may be made without any of the procedural safeguards required by the original development plan . 9 . The Town Board may issue a building permit "where the proposed construction , alteration or use of the building is in violation of any provisions of this ordinance . . . in all cases requiring Planning Board review . " ( 1701 and 1801 ) . 10 . . " There shall be no appeal to the Board of Zoning Appeals frpm any determination of the Town Board granting a building permit . " ( 1801 ) 11 . " The authority of the Board of Zoning Appeals to " review orders or decisions based on the requirement of the ordinance " is limited to orders and decisions of the enforcement officer . ( 1801 . 2 ) 12 . All building permits previously a issued are approved . ( Apparently this applies whether or not the permits conformed to the provisions of the ordinance at the time of issue . ) COMMENTS 1 . Changes 1 and 2 appear to be required to make the ordinance conform to recent court decisions . 2 . Changes 3 through 12 do not appear to be required to make the ordinance conform to recent court decisions . Rather they are changes in the substance of the law . 3 . The most important changes are those that permit the Town Board to issue building permits that are in violation of the law in many cases , and to authorize variancses in all cases . ARTICLE 111 : DEFINITIONS ( continued ) 38 . Sign : Any structure , display , device or representation which is designed or used to advertise or call attention to any thi.ng , 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 r or by . - • . . . . • gELJthe case of any application requiring Planning Board/ in accordance with the provisions of this Ordinance . review 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 , sideand rear yard . ) On corner lots there shall be two front yards , one adjacent and parallel to each road right -of-way . ARTICLE XII : REGULATIONS - INDUSTRIAL DISTRICT ( continued ) Sec . 1206 . Industrial District Permits and Planning ( continued ) of 3 . The Planning Board shall complete its reviend approve or d . disapprove , . ny development proposal in an Industrial District within 45 days from the date it is submitted to the Planning Board . Failure to complete such review within the 4: 5 day period shall be a recommendation for TOWN BOARD may tantamount to/ approval , and th forcement Officer shall: issue a bldg . permit if all of the requirements set forth in Article XII , shall have been complied with . 4 . It shall be the responsibility of the developer to show- that his proposal will be visually in keeping with the uses permitted in the abutting residential zone and that there will be sufficient buffer ing in the form of decorative and/or dense landscaping , and/or decorative fencing , and/or other similar methods approved by the TOti lanni. Board . TOWN 5 . Disapproval by thelanninai t oard may be appealed to the Zoning, Board of Appeals who shall make a determination in accordance with the provisions of Article XVIII of this °Ordinance . • • • - . �• . - • • • M1 ARTICLE XIII : 'MAL CONDITIONS , SPECIAL PaamiTS AND PLANNED DEVELOP .` '-rtlT 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 , 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 it Article VI of this Ordinance as being subject to special procedures or conditions or requiring a special permit or an ordinance change shall not be considered permitted uses until such special procedures , regulations , and conditions have been TOWN *. complied with , or a special permit has been authorized by th +3Plannin ) r by the Town Board in the cas 'Board , a variance authorized by the Board of Appeals , or an ordinance > f any applica - : ion requiring change has been effected in accordance with the terms of this Article .. Manning Board ✓ eview . Sec . 1302 . Special Conditions • OWN BOARD Th 'Enforcement Officer , shall issue building permits for the following uses only when hens satisfied that the special conditions specified . in this Section have been met : . 1 . Town house dwelling units in M , H , and C Districts If more than 16 dwelling units are to be constructed on any single parcel , whether for sale or for rent , they must be constructed as a Planned Development Area ( see Section 1307 ) . • 2 . Multi -family dwelling units in M , H and C Districts If more than 24 dwelling units or 3 dwellings are to be con - . structed on any single parcel , whether for sale or rent , they • must be constructed as a Planned Development Area ( see Section 1307 3 . Cluster housing in R , L , M , II and C Districts Must be constructed as a Planned Development Area ( see Section 1307 ) or in accordance with Section 1905 of this ordinance . -a-) :L.TICLE XIII ; SPECIAL CONDITIONS , SPECIAL PERMBITS AND PLUM = DEVELOPMENT Sec . 1302 . Special Conditions ( continued ) • _ 4 . Funeral home in N and C Districts Permitted where at least. 20 off- street parking spaces and sufficient area for off-street marshalling of funeral process - • ions are provided . .. • • 5 . P7. ntinY , plumbing , heating and electrical establishments in R and C Districts Permitted when it can be demonstrated that no outdoor space will • . : be required for the storage of raw material or finished products . • - See also Section 1306 . . Sec . 1303 . Special Permits . . - TOWN BOARD . ma • . • ' - . The Enforcement Officer shaleissue, building permits for the following • • review lenever a vari - land uses only aftera Special Permit has been authorize=Tby the Plann . e is required , the Jn Board is ing Board ,`/a variance authorized by the Zoning Board of Appeals reby authorized ` C_ grant such In making its review the Planning Board shall find that the conditions riance . 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 each horse , and at least 1 acre of fenced pasture per pony .. Se : . 1303 Special Permits ( continued ) 11 . New and used car sales , repair garages , etc . In C Distract a . Driveways and curb cuts are clearly defined and no , rider than 36 feet . b . Driveways and parking areas are drained and paved and any front yard area not 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 , ?•i 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 : . - 9 . 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 TOWN BOARD and report prior to Boar 1Jof Appeal ction ; c . A performance bond has been posted in an mmount of $ 1 , 500 for each acre of land to be excavated or cut to ensure continuous restoration of the excavation or cutting area . ARTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT S'ec . 1303 . Special Permits ( continued ) 13 . - Commercial excavation of sand and gravel , etc . in R Districts ( continued d . Such activityshall 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 . 130 . 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 TOWN places of public assembly shall be permitted withoutZoningEBoard of Appeal3 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 . ?° t1 mmerDistrict 1 . No building permit shall be issued and no development shall occur in any Commercial District unless such development shall be TOWN 015=-- P � h 5=- approved by the Plannin Board , agter review by the Planning�%�" nBoard . , 2 . Such plan shall be submitted to the Planning Board for review nd approvawith 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 sale and efficient manner ; the effect of the proposed development on natural surface . , water drainageways ; the ability of water and sewerage facilities to erTICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLAW ET3 DEVELOPMENT Sec . 1306 . Commercial District ( continued ) accomodate 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 . . of 3 . The P1 :wning Board shall complete its reviei,land approve or .disapproany development proposal in a Commercial District within )t5 days from the date it is submitted to the Planning Board . Failure to complete such review within the 45 day period a recommendation forTOWN BOARD may .shall be tantamount to/approval , and till- Enforcement Officer shall issue a building pe pit if all of the requir - pents set forth in Article XI , excepting Section 1106 . 7 , shall have been . complied with . h . It shall be the responsibility of the developer to show- that his proposal will be visually in keeping with the uses permitted in the abuttingresidential zone and that there will be sufficient buffering in the form of decorative and/or dense landscaping , and/or decorative fencing , and /or other similar methods approved . TOWN by th aannino Board . TOWN - 5 . Disapproval by the Planning • oard may be appealed to the Zoning Board of Appeals who shall make a determination in accordance with the provisions of Article XVIII of this Ordinance . Sec . 1307 . Planned Development Area ( PAA ) 1 . The purpose of this Section is to introduce flexibility in . concon - 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 2.T1CLE 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 c _ of a Final Development Plan by the Planning Board shall be filed with ' the Town Clerk and the Enforcement Officer . This shall TOWN BOARD constitute authorization for th [ Enforcement Officer7to issue a building permit and for the applicant to proceed with the Planned Development . - 9 . Review . One year from the date of conditional approval by the Town Board the proposed Planned Development shall be subject to review by the Planning hoard . 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 ) it ."- _ =CLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT ., • Se - . 1307 . Planned Development Area ( PDA ) ( continued ) Tovn Board that conditional approval be withdrawn or , with good cause , extended for an additional year . In any 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 bevelopment . is with-drawn at any time the land use regulations applicable to the area prior to approval of said Planned Development shall again be in effect . • 10 . Control of Planned Development . After -P g Board approval. sof a Final Development Pla . ,,, or a PDA minor changes extensions sifr - or alterations in said development may be rade only after they 7.. ; reviews, and approved by th 'Town Board . have bee y said Planning Board -4T C3Major 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 nay 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 subdivision of land into smaller parcels for sale to individual owners , the site plan review required by this Section shall suffice for Planning Board review under the ARTICLE XII . 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 repaired 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 toraakibigaalrifiD : thar oning Enforcement Office - nd contain the following information : a . The name , address and telephone number ofthe 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 . . '3AS • 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 Pe/ mit - It shall be the duty of • . the Zoning Enforcement Officer upon the filing of . the application • - for a permit to erect a sign , to examine the plans , specificat - ions , and other data submitted to him in consultation with the . Planning Board . If it appears that the proposed sign is in 4 , othe Town Board compliance with the requirements of this ordinar_ce , shall thereafter , ti' ithin five days issue a permit for the erection - - V" - ,..� i ' . 2 . of said sign . If the Town oning Officer (. • hall refuse to - '., , , ,, . - . • grant said permit , the applicant may appeal the decision to . the Zoning Board of Appeals . ' • Section 1512 . Signs in the Tinzoned Area . 4 • 1 . The following regulations shall apply to signs in the . unzoned area : m • a . A maximum of two signs for any one business . • • - - - - 4 . 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 illun. inated 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 premise , so as to cause glare or reflection that may constitute a . • traffic hazard or nuisance . • . j - `1 • ARTICLE 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 , shall have the power to appoint additional officers , either on a temporary or permanent basis . Section 1701 . Building Permit No building shall be erected , moved , structurally altered , or enlarged , and no excavation for any building shall be begun . within the zoned area of the Town of Lansing without a building permit except that no building . permit shall be required in any unzoned area or for. normal maintenance and repair Work , for painting , - interior decoration , landscaping and the construction or erection of any structure such as a utility shed or animal shelter where the total floor area is six y square feet or less . Such building • permits may be issued by thf nforcenent Officer . after a review of the work proposed '. Where the proposed construction , alteration or use of the building is in violation of any of the provisions of . this Ordinance , no building permit shall be issued except on written order of the Board of Appeals after an appeal has been made and the Board of Appeals has acted in accordance with Artier= XVIII of this Ordinance 4 except that the Town Board may issue such permit in al : cases requiring Planning Board review . ] Section 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 judguent of the Zoning Enforcment Officer , the building meets all zoning specifications a Certificate of Occupancy shall be issued and the building mayll .occupied . If the building 61 • ARTICLE XVIII : APPEALS Section 1800 . Board of Appeals There is hereby established a Board of Appeals 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 • for terms as prescribed by law . Vacancies occuring in said Board • by expiration of term or otherwise shall be filled in the same manner . •• The Town Board shall designate a . chairman and the Board of Appeals shall choose its vice chairman who shall • preside in the absence of the chairman . In the absence of both the chairman and the vice chairman , the Board of Appeals shall choose • one of its members as acting chairman . Such chairman , or the • party acting in his stead during his absence , assumes duties of the . chairman , and may administer oaths and compel the attendance of witnesses . • • The Board of Appeals shall adopt such :rules and • regulations 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 . . ' Section 1801 . Grievances and Appeals Any person aggrieved by any decision of any • officekcharged with the enforcement of this Ordinance may take % fr ; 04 � � � an appeal to the Board of Appeals . There shall be no appeal from any determination of the Town Board granting a building permit ., The Board of Appeals shall , in accordance with • • ARTICLE XVIII : APPEALS ( continued ) Section 1801 1 . Hear and determine appeals from any refusal of a building permit or certificate of occupancy by the or body person/ designated to issue such permit or certificate in accordance with the provisions of Sections 1701 and 1702 . the Zonin E forcement• Of �icerw any order or decision o : said c . � perso There such order or decision is based upon the require -Q - ments of this Ordinance ; • 3 . Hear and decide all Chatters referred to it or upon whichit is required to pass by the terms of this . /1 -1 Ordinance C ` tf rt )/•', P2// rL . -/ : 4 ( 4 n _ ,/4 ( . � A - 1 • : � . C Section 1802 . Variances . U1 rig , rt -o,, > Where there are practical difficulties or 0 Rs unnecessary hardships in the way of carrying out the strict letter o •r1 • ra, 3 of this Ordinance , the Board of Appeals shall have the power , in cm •H -H 0 passing upon Appeals , to vary or modify the application of any of rro4 •9 na the regulations or provisions of this Ordinance so that the spirit cd Ti °� of the Ordinance shall be observed . tp X • -1 All Appeals related to the use of land ( rather o than area -requirements such as lot size ., frontage , . etc . ) shall .be - - - 4-1 CD P4 referred to the Planning Board for review as to the conformance \ 5-artsO 18T11 with the objectives of the Master Plan . No decision ) shall be made cr� cd � INai by the Board of Appeals until ' such Planning Board review has been rd O H P C completed and a report issued . If the Planning Board fails to 0, 3 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 Appeals shall hold a public hearing on appeals within 60 days after receipt and give due notice of such public hearing by advertising in the official newspaper ARTICLE ►VIII : ( continued ) • Section 1803 . Procedure ( continued ) 2 . The Board of Appeals shall , at least 5 days before a public hearing , mail notices thereof to the parties , to the • Regional State Park Commission having jurisdiction over any state • park or parkway within five hundred feet of the property affected by such appeal , and to the owner of all land parcels contiguous a to that in - question . Al cases requiring a 3 . The Board of Appeals , before taking final action on W:. any? special permit or variance affecting real property lying within a It a distance of 500 feet from the boundary of any city , village or town , or from the boundary of any existing or proposed county . • or state park or other recreation area , or from the right - of -way • : of any existing or proposed county or state road or highway , or from the existing or proposed right - of -way of . any stream or drainage channel owned by the county or for which the county has established channel lines , or from the existing . or proposed boundary of any county or state owned land onlwhich a public . be referred . building or institution is situated , shallrefer such matter to . the Tompkins County Planning Agency for report and recommendation . . If the County Planning Agency fails to make such report within action may be taken 30 days after receipt of referred matter the Board of Appeals may actwithout such report . If the County Planning Agency dis - approves the proposal , or recommends modification thereof , the Town as the case may be , ) ard or : Board of Appeals /may act contrart to such disapproval or recom - mendation only by a vote of a majority plus one of all the members of such Board . Such Board thereof EThe Board of Appealsjshall file a report of its action with the County Planning Agency within 7 days after such action - . is taken . • • 4 . The Board of Appeals shall decide on appeals or other • , • , i E J .. 1 1 65 . ARTICLE XIX : AMENDMENTS ( continued ) Section 1904 . In case of a protest against such proposed change or amendment signed by the owners of 20 percent or more of the area of land included in such proposed change or 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 change , such amendment shall hot become effective except by a favorable vote of four members of the Town Board . Section 1905 . In approving subdivision plats which require trio Town \, 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 boeb and afterreview by the Planning Board . and Regulations for the Town , / Changes made pursuant to this own section are at the discretion of thrP1annin Board and. . must be made in accordance with the provisions of Section 281 of Article 16 of Town Law . � • ,% , Nothing in this ordinance or in amendments thereto shall be construed as changing the plans , or uses of present buildings , or the construction , use or occupation of any building for which a permit has heretofore been issued ; all plans heretofore filed and approved and all building permits heretofore issued are hereby approved , ratified , and confirmed and the rights to construct thereunder are hereby vested in the holders thereof . a' 0 t"` itri ICLE 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 41 . 1. LCCV CS Vl vawIJl LLo _ ._ 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 fY4of this Ordinance , said authority to be granted by the Zoning Board of Appeals ► _ Pr _ by 4,,:i, the .. To.wn F�naard 9n the case ofa_y_ _applica_,tican reciuiring_ Planning. Board/ y in accordance with the provisions of this Ordinance . review • 44 . Yard : An open unoccupied space located on the same lot as any principal building and measured by the £.istance between a lot line and the nearest point from any principal building . ( See illustration for locatiozi 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 . • � . ✓ h ARTICLE XII : REGULATIONS - INDUSTRIAL DISTRICT ( continued ) Sec . 1206 . Industrial District Permits and Planning ( continued ) • of igft 3 . The Planning Board shall complete its revievaand approve or 6 ersq disapprovePhny development proposal in an Industrial District r.- within 45 days from the date it is submitted to the Planning 'Board Failure to complete such review within the 45 day period shall be � ; a recommendation for TOWN BOARD mealy Pc _eNt) C: "Th y , tantamount to/ approval , and the lE;nforcement Officer st ail ,,Issue a 'a • 4rt a 3 4J4 ‘ permit if all of the tequirements set forth in , Art, i. : l % YID: , shall \ have been complied with . 4 . It shall be the responsibility of the developer yb show- that his proposal will be visually in keeping with the tees permitted in ti abutting residential zone and that there will be sufficient buffet ing in the form of decorative and / or dense/ landscaping , and/ or decorative fencing , and /or other similar methods approved by the -t ' s ,0 TOWS F . `1'lanni. mc' :Boar. d . z � .�. �.►�+ TOWN ; ; 6k � - 5 . , Disapproval by th4Plannoard may be appealed to the Zoning Board of Appeals who shall make ' a determination in accordance vital the provisions of Articlemu/ of this Ordinance . , • f • - .. _. _ .. • f� 11 ,�(' 4 7 r 1 r7 4 1,.. A if - ) ° y^ a" el,P � � 0 / � ' I . / _r .` ' fin ' ;6 s ^ ,w v e • ; ""w'� - 's• i • . / f .!••-, • e - ' i el a p p y c e the , t . L/- I- .: is r' rj � ! s , ( r' at r ! C h / 6-r , ".r r • - - . . P . • ' _ . , ' . L J �- 4 1 4 A�. ICLE XIII : .- . ice IAL CONDITIONS , SPECIAL PERMITS AND PLANNED DE{ ELOPi'E2F? S ^ c . 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 whici are incongruous or sufficiently unique in terms of their nature , location , and effect on the surrounding environment and the . quality c the community , to warrant special evaluation of each individual case . • Sec . 1301 . Land use activities listed inArticle VI of this Ordinance as being • subject to special procedures or conditions or requiring a special permit or an ordinance change shall not be considered permitted uses• until. such special procedures , regulations , and conditions have been TOWN complied with , or a special permit has been authorized by thelannil Dr by the Town • Board in the case Board , a variance authorized by the Board of Appeals , • or an ordinz.nci Df any applica - tion requiring change has been effected in accordance with the terms of this Artier Planning Board review ., Sec . 1302 . Special Conditions • v2TOWN BOARD • �, ThE Enforcement Officershall ' issue building permits for the follow! uses only when .he is satisfied that the special conditions specified krebie 1• , in this Section have been met ::. , , , • 7; 1 . Town house dwelling units in M , H , and C Districts • ' i If more than 16 dwelling units are to be constructed on any sing • • parcel , whether for sale or for rent , they must be constructed a ' a Planned Developuent Area ( see Section 1307 ) . • • 2 . Multi - family dwelling units in M , H and C Districts If more than 24 dwelling units or 3 dwellings are to be con - . structed on any single parcel , whether for sale or rent , they • must be constructed as a Planned Development Area ( see Section 3 . Cluster housing in R , L , H , It and C Districts • Must be constructed as a Planned Development Area ( see Section • 2 (fin T. f- ' t h i r.o r e turn c e. :=. TICLE XIII : SPECIAL CONDI IONS , SPECIAL PERMITS MID PL&TTNIO DEVELOPMENT S ec . 1302 . Special. Conditions ( continued ) • 4 . Funeral home in M and C Districts Permitted where at least. 20 off -- street parking spaces and sufficient area for off—street marshalling of funeral process — ions are provided . .;: . . ; 5 . n 5.ntin, , plumbing , heating and electrical establishments in R and C Districts• • . _ • - - Permitted when it can be demonstrated that no outdoor space will be required for the storage of raw material or finished prcducts . See also Section 1306 . Sec . 1303 . Special Permits • a TOWN BOARD ma N„ The ; Enforcement Officer shall , issue building permits for the foil. win p ,�,r f rreview `'Q, � ./ hene - r a ari - land uses only after a Special Permit has been authorize by the Pltiot ce is req red , the , •• mir can Boa d s Board, '' variance authorized by the Zoning Board of Appeals : 9• ✓ eby a orized ' ; ter, f • ' grant uch In making its review the Planning Board shall f1,M-that the condition ✓ iance: - and requirements set forth in this Section have begin 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 D .L str =i. ets P ermitted only when there are at least 2 acres of fenced pasture f or each horse , and at least 1 acre of fenced pasture per pony . . - �. 'vLi .. � • 'dv . \ •_ . � rki aiSi'i, __._. _ . ... _ -. . _ . ..L 1. .1- \. e ails 111E V \J:; 1 may, C� : � \✓ , iia _ moi . �1 ' 4. I .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 . 1 b . Driveways and parking areas are drained and paved and any front yard area not used for parking shall be landscaped ; - - c . No equipment or any type of salvage , maintenance material or junk shall be store- outside unless enclosed .by decorative . fencing ;• • •. • - ' d . All such uses locating next to residentialuses shall be screene 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 riot produce glare on adjacent properties . • f . See also Section 1306 . • . . 12 . Electric and gay, transmission lines and substations in L , M and • H Districts ' Permitted - when such stations are attractively landscaped to reduce ' - noise and screen out objectionable views from adjacent properties . • 13 . ` Commercial excavation of sand and gravel , etc . in R Districts • Permitted when : . . a . . Such activities include effective plans and provisions for continuous restoration of excavation or cutting area to a l \ ; re t i usable state ; I, ' . . ' t .. b . Detailed operation and reuse plans for such excavation or +' et cutting area are submitted to the Planning Board for review CTOWN BOARD +and report prior to BoaraW' Appeal`s ction ; „A/1 y lm.+i 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 , ARTICLE XIII : SPECIAL COVOI ' j''b?7S , §trt�ICIA.U ' PEP ZITS MD PLANNED DEVELOPMENT Sec . 1303 . Special Permits ( continued ) 13 . . Commercial excavation of sand and gravel , etc . in P. Districts ( cont 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 °j house or multi -family dwelling units , hospitals , nursing homes or j TOWN 1 places of public assembly shall be permitted withoutonin Board IAof Appeal 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 . Ho building permit shall be issued and no development shall occur in any Commercial District unless such development shall be TOWN e, approved by the Planning; ' i? oard , afterrey_iew by the Plannjna, Board 2 . Such plan shall be submitted to the Planning Board for review and . approvaf ; rith a copy to the Town Board at the same time . In s� making its review the Planning Board shall be particularly concerne 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 sale and efficient manner ; the e _;' fect of the proposeddevelopment on natural surface _ water drainag •.rays ; the ability of water and sewerage facilities to - , ` . . -ter TICLE XIII : SPECIAL CONDITIONS , SPECIAL PERMITS AND PLANNED DEVELOPMENT Sec . 1306 . Commercial District ( continued ) accormrodate 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 . . of • 3 . The Planning Board shall complete its revie and approve or • .disapprovany development proposal in a Commercial District within 45 days from the date it is submitted to the Planning Board . Failure to complete such review within the 45 day period. a recommendation for TOWN BOARD may• .sharl.l be tantamount to/approval , and the, Enforcement Officer , . 110 e • f .. i shall3issue a building permit if all of the requirements set forth in Article XI , excepting Section 1106 . 7 , shall have been 11,4 complied Frith . • • :. —Are - le .,t h . It shall be the responsibility of the developer to show that his . proposal will be visually in keeping with the uses permitted in the abutting .residential zone and that there will be sufficient ' buffering in the form of decorative and/ or dense landscaping , and /or decorative fencing , and /or other similar methods approved TOWN iv* by th 4Plannin lBoard . . . • 7 r TOWW 5 . Disapproval by thePlannin 'Board may be appealed to the Zoning • Board of Appeals who shall make a determination in accordance with the provisions of Article XVIII of this Ordinance . Sec . 1307 . Planned Development Area ( PDA ) . • 1 . The purpose of this Section is to introduce flexibility in 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 L _ ICLE XIII : SPECIAL CONDITIONS , SPECIAL PEMITS AND PL,UN D 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 Pla • • . for submission to the0Planning . Board . Such submission shall inclu • • a . Drawings showing the final location of any streets and plot li • the location of all buildings and land use activities , any are • 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 whi • • • • . may be required by the ' Town Board . • c : Any additional drawings or statements which may be required (30 •` a y ' i a_v trH t° r42 re 4 LS %" 1 id fk^a.,• a /( by the . Planning Board in making its .review. 4 Written approval . Cit: 3• • of a Final Development Plan by thePag Board shall be fil • with * the Town Clerk and the Enforcement Officer . This shall ortmprramwap jAt,''• � . ' constitute authorization for th � Enforcem. ent Officer : to issue a building permit and for the applicant to proceed with the Planned Development . • 9 . Review . Oned 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 XIII • SPECIAL CONDITIONS , SPECIAL ` PERMITS AND PLANNED DEdELOFi ENT a} Se = . 1307 . Planned Development Area ( PDA ) ( continued ) • Town Board that conditional approval be withdrawn or , 'with good cause , extended for an additional year . In any event the Planned Development shall be subject to annual review by the Planning Boarc and action by the Town Board , until it is completed in accordance • with. the Final Development Plan . If conditional approval of the Planned bevelopment . is with-drawn at any time the land use regulat: applicable to the area prior to approval of said Planned Developmei shall again be in effect . --' 10 . Control of Planned Development . Afteri' planni1Board approval. • of a Final Development P1ara for a PDA2minor change extensions or alterations in said development may be made only after they e dr" review and approved by th ;Town Board . have beentapprovedsoy said Planning Board /9 Major changes such • ' 44 as increased density or reduction of open space are subject to 0,1 f- the same review and approval procedure as applied to the original _. Pplcation , ' ''r ' 11 . Certificate of Occupancy . Upon completion of the FDA , 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 leF: sees of a subdivided PDA nay jointly or separate 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 subdivision of land into smalle parcels for fl - le to individual owners , the site pint review reaui 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 enclosingAsuch 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 repaired 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 : TOWN BOARD SO- the Zoning Enforcement Officer ` " nd contain the following A .: ..-. .-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 . S J 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 Pernit It shall be the duty of • . the Zoning Enforcement Officer upon the filing of the application - for a permit to erect a sign , to examine the plans , specificat -- ions , ' and other data submitted to hire in consultation with the Planning Board . If it appears that the proposed sign is in A el the Town Board,, • . compliance with the requirements of this ordinance , e/shall • . ` ^ tis ,i F thereafter , within five days , issue a permit for the erection '` f ' , •• BOARD S.71 1. 177 of said sign . If the Town Zoning Officer hall refuse to /I / `mots : • grant said permit , the applicant may appeal the decision ' to • the Zoning Board of Appeals . ' Section 1512 . Signs in the linzoned Area . • . • 1 . The following regulations shall apply to signs in the • . - unzoned area : a . A maximum of two signs for any one business . • • - - b . Any illuminated sign or lighting device shall . • • apply only to lights emitting from a light of • constant intensity , and no sign shall be illuminated by or contain flashing ; rotating , or • moving light or lights . Further , . no 111irninated 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 premise , so as to cause glare or reflection that may constitute a traffic hazard or nuisance . - ARTICLE 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 , shall have the power to appoint additional officers , either on a temporary or permilnent basis . Section 1701 . Building Permit - No building shall be erected , moved , structurally altered , or enlarged , and no excavation for any building shall be 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 u nzoned 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 the total floor area is sixty square feet or less . Such building nets TOWN BOARD ; ' fir ; permits may be issued by thenforcement Officerfafter a review ofEtiteat the work proposed. Where the proposed construction , alteration or use of the building is in violation of any of the provisions of . this Ordinance , no building permit shall be issued except on written order of the Board of Appeals after an appeal has been made and • 6 /' the Board of Appeals has acted in accordance with Article= XVIII of A 4. this Ordinance , exc pt that the Town Boardmay issue such .perymit in al . / . cases requiring Planning Board_review .�Y ✓ 4.#4 Section 1702 . Certificate of Occupancy • Upon completion of any building for which a building permit is required , . and priorto 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 4 . building meets all zoning specifications a Certificate of Occupancy shall be issued and the building ma :raccupied . If the building 61 ARTICLE XVIII : APPEALS Section 1800 . Board of Appeals There is hereby established a Board of Appeals 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 for terms as prescribed by law . Vacancies occuring in said Board by expiration of term or otherwise shall be filled in the same manner . The Town Board shall designate a chairman and the Board of Appeals shall choose its vice chairman who shall preside in the absence of the chairman . In the absence of both the chairman and the vice chairman , the Board of Appeals shall choose one of its members as acting chairman . Such chairman , or the party acting in his stead during his absence , assumes duties of the chairman , and may administer oaths and compel the attendance of witnesses . The Board of Appeals shall adopt such )rules and regulations ad it may deem necessary to carry into effect the provisions of this Ordinance anad 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 . 4and its vote on every question . • Section 1801 . Grievances and Appeals v ; r Any person aggrieved by any decision of any �f,., officer charged with the enforcement of this Ordinance may take . • • . ; D an appeal to the Board of Appealsa . There shall be no appeal from ni . determination of the Town Board _granting a building permit . . — % The Board of Appeals shall , ' in accordance with ARTICLE XVIII : APPEALS ( continued ) Section 1801 1 . Hear and determine appeals from any refusal of a building permit or certificate of occupancy by the or body person/ designated to issue such permit or certificate in accordance with the provisions of Sections 1701 and 1702 . 2 , Review any order or decision olt`said the Zoning Enforcement Officertan • persowhere such order or decision is based ' upon the require - 1 ) ,, ments of this Ordinance ,,_ -- "' , - . .;. , - o.,, �..w e-,w,,. . . ,.R;;. .. _ rr' .d - _ 3 . Hear and decide all matters referred to it or upon which it is required to pass by the terms of this .• Ordinance . - () .2 - NNN '1 �.w l ^ r ;(.v' A, 9 , alt - , , ie ` nitre J + •-4Imoi' ".-- t I:. , wr . . l; • c ,• /`a ' w Section 1802 . Variances y = li, 4 ;1 . ;` .......%Pe • I ,.,: ni U y e . ft7 X 1 :4 f `R" t F t ' a �w ! I r� ' i > Where there are practical difficulties or ih -4 - , 4 u � unnecessary hardships in the way of carrying out thecstrictletter . ) •tet /4 •0of this Ordinance , the Board of Appeals shall have the power , in o ••rI •rt - ak o passing upon Appeals , to vary or modify the application of any of 7./ 264 lea the regulations or provisions of this Ordinance sothat the spirit l rd ) 0 0 n) of the Ordinance shall be observed . t cn ) mob . 4 '- •0 All Appeals related to the use of land ( rather ; er ARTICLE XVIII : ( continued ) • Section 1803 . Procedure ( continued ) 2 . The Board of Appeals shall , at least 5 days before a public hearing , mail notices thereof to the parties , to the - Regional State Park Commission having jurisdiction over any state park or parkway within five hundred feet of the property affected • by such appeal , and to the owner of all land ' parcels contiguous • to that in ' question . Al cases requiring a • 3 . tape Board of Appeals , before taking final action on any special permit or variance affecting real property lying within r1 3jj • .$ . � vi ' a distance of 500 feet from the boundary of any city , village or • town , or from the boundary of any existing or proposed county or state park or other recreation area , or from the right -- of -way . of any existing or proposed county or state road or highway , or from the existing or proposed right - of -way of any stream or • drainage channel owned by the county or for which the county has established channel lines , or from the existing . ox proposed boundary of any county or state owned land onlmhich a public be referred building or institution is situated. , shall refer such matter3 to the Tompkins County Planning Agency for report and recommendation . . If the County Planning Agency fails to make such report within action may be taken 30 days after receipt of referred matterthe Board of Appeals may acDwithout such report . Jf the County Planning Agency dis - D� approves the proposal , or recommends modification thereof , the Town as the case may be , ird or Board of Appeals /may act contrart to such disapproval or recom - mendation only by a vote of a majority plus one of all the members of such Board . Such Board thereof ] fThe Board of Appealsjshall file a report of its action with the County Planning Agency within 7 days after such action • is taken . • 4 . The Board/ of Appeals shall decide on appeals or other • . -_ � .. a.. 44- .. . � + L, i � ? rinv � nef- nr final ,-, . , h11n 11Pi17il' C U > ARTICLE XIX : AMENDMENTS ( continued ) Section 1904 . In case of a protest against such proposed change or amendment signed by the owners of 20 percent or more of the area of land included in such proposed change or by 20 percent or more of allland owners within 100feet from the boundaries of the area of land to be included in such proposed change , such amendment shall hot become effective except by a favorable vote of four members of the Town Board . Section 1905 . In approving subdivision plats which require ;,4. Town jai modifications of the zoning regulations , thea P1anninBoard may f e\ s make such zoning changes only after these have been disclosed at the public hearing required by the Land Subdivision Rules q) E 1b and afterreview by the Planning Board . and Regulations for the Town , / Changes made pursuant to this own section are at the discretion of tha Planning : Board andmust be made in accordance with the provisions of Section 281 of Article 16 of T7T I r I A /• /. . : ' • A° ^ - 171 � � n ° Nothing in this ordinance or in amendments thereto r shall be construed as changing t : e plans , or uses of present/ buildings , or the construction , use or occupation of any 1` building for which a permit has heretofore been issued all • Y' " r" R f 1! • t Y plans heretofore filedl and�'� ro'vt� building pp . d ar>;cj,, all permits 1 ^ ,r.#) r,t i ;. . rJ :.7 , i, .. �, ._.c 1 ' . • heretofore issuedoare hereby approved , ratified , and confirmed and the rights to construct thereunder are hereby vested in the holders thereof . �` r- h e r ' i '1 ': : .:( t" •x'� r Irl p r w •+ • 1.1 6 r'• • • . 47 • • , ` y. -t-.r' }. .rj / yv •F::: (� f • zr L� 4,4e f � L: In "�}' �°'/ J rr`�• '..e ` i, .. t r ( !' le h t •S .