ARTICLE I

ARTICLE II

ARTICLE III

ARTICLE IV

ARTICLE V

ARTICLE VI

ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLE I

This chapter may be referred to and cited as the "Village of Lansing Zoning Law."

It is the purpose of this chapter to promote the health, safety and general welfare of the community. It is specifically intended to prevent or reduce congestion on the streets and highways; to prevent the overcrowding of lands; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage disposal, schools, parks and other public services; to conserve the value of property; 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 for parking and other provisions are set forth to encourage the most appropriate development of the Village, in accordance with the Village of Lansing General Plan and the Village of Lansing Comprehensive Plan.

ARTICLE II

For the purpose of this chapter meanings of the following words and phrases shall be as defined below. All other words shall be presumed to have the definition provided in Webster's New Collegiate Dictionary, unless such meaning runs counter to this chapter or the Village General Plan or the Village’s Comprehensive Plan.

ARTICLE III

Except as hereinafter provided, the following general provisions apply to land use and development in the Village of Lansing.

All tables, charts, standards and similar materials set forth in this chapter are hereby incorporated herein and declared to be a part of this chapter.

All use of land is subject to standards set forth in Chapter 125, Subdivision of Land, of the Code of the Village of Lansing, now or hereafter adopted or amended.

In the event that new territory becomes a part of the area of jurisdiction of this chapter by reason of annexation, consolidation or detachment from any municipal corporation or otherwise, or in case any territory subject to the jurisdiction of this chapter has not been specifically included in any of the basic districts, such territory is automatically classified as LDR, until and unless otherwise rezoned in accordance with the amendment proceedings hereof; provided, however, that any zoning classification of this annexed land in effect prior to the annexation or other extension of jurisdiction must remain in full force and effect until changed or amended in accordance with the procedures and requirements prescribed for such changes or amendments by this chapter.

No land, structure or building may hereafter be used, or its use altered, or occupied and no building, structure or part thereof may be erected, converted, enlarged or structurally altered unless in conformance with all the regulations established by this chapter for the district in which the land, structure or building is located.

Any facility or use not specifically permitted in this chapter or permitted through the Special Permit or planned development area procedures is hereby prohibited.

All septic systems in unsewered areas are subject to Tompkins County Public Health Department and Village specification and approval on a lot by lot basis. The most restrictive or higher standards shall apply.

No lot may be reduced by subdivision to create any residual lot which does not meet the requirements of this chapter.

Where one (1) lot is divided into two (2) or more portions by a zoning district boundary, each of these portions must be used independently of the others in respective zoning classification, and for the purpose of applying the regulations of this chapter, each portion must be considered as if in separate and different ownership.

In determining the dimensions of a yard the following rules are to be used:

Where a lot has frontage on a street which is proposed for right-of-way widening as shown on the Official Map of the Village of Lansing, if and when adopted, the required front yard depth must be measured from the proposed future right-of-way line.

Whenever the plat of a land subdivision approved by the Planning Board and on record in the office of the County Clerk shows a setback building line along the frontage for the purpose of creating a front yard or side street yard line, the building line thus shown applies along such frontage in place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.

1. Curb Cuts and Driveways for Residential Lots:

1. No residential lot shall be permitted to have in excess of one (1) curb cut and one (1) driveway, except that two (2) curb cuts, with one (1) or two (2) driveways may be permitted by Special Permit, provided that both curb cuts and driveway(s) are for residential uses only.
2. Within the parking setback area for the subject Zoning District, as defined in the applicable subsection of Sections 145-39 – 145-50 of this Zoning Law, the portion of the lot improved to be useable for driveway purposes may not be more than twenty (20) feet wide, including any curve radii, apron or curb cut.
3. At the intersection of the driveway and the road pavement, the driveway shall be no less than ten (10) feet wide.
4. No parking of any vehicle shall be permitted within any Village of Lansing street right-of-way immediately adjacent to the driveway. Parking setback requirements shall be as stated for the subject Zoning District in Sections 145-39 – 145-50 of this Law.

B. Curb Cuts and Driveways for Non-Residential Lots.

1. The design, location and dimensions of all curb cuts and driveways for non-residential lots must be approved by the Planning Board as an element of Special Permit review for the development. In considering approval of any such curb cuts or driveways, the Planning Board shall consider the total number of curb cuts existing and requested at the subject site, the width of the curb cuts, the width of the driveways, the location and extent of areas improved for driveway and parking purposes and the number of parking spaces to be established on the site.
2. Driveways serving non-residential lots shall conform to the following criteria, unless modified by the Planning Board in accordance with the recommendation of the Village Engineer in the course of Special Permit review:

1. Driveways shall not be more than twenty-four (24) feet wide, not including the required curve radii as described in subsection (C) below.
2. A driveway intended for two-way traffic shall not be less than twenty (20) feet wide.
3. The curve radius between the edge of the road pavement and the driveway shall not be less than five (5) feet and not more than fifteen (15) feet.

3. Curb Cuts and Driveways for both Residential and Non-Residential Lots.

1. All curb cuts and driveways must be located in order to provide safe access to the premises and so as not to interfere with traffic on any street which the driveway enters.
2. No curb cuts may be located less than forty (40) feet from the street right-of-way line of an intersecting street or less than twenty (20) feet from any curb cut on an adjacent lot.
3. No structures, improvements or planting shall be placed in the Village right-of-way without the written consent of the Village Superintendent of Public Works.

D. Private Road.

1. Private road shall be deemed to be any improved access way, not dedicated as a public street, providing access to two (2) or more properties. Private roads must be constructed in accordance with the following requirements:

1. Private roads that shall provide access to two (2) or three (3) properties shall be constructed at least twelve feet wide, and the design and layout of any such private road shall be submitted for review by the Fire Chief or other official in charge of the fire department, fire company or other entity currently providing fire protection services to the Village, and for approval by the Village Engineer as being sufficient to permit satisfactory access for emergency vehicles and such space as may be necessary to operate, position and turnabout emergency vehicles and to allow emergency vehicles to avoid potential obstacles, and such private roads shall conform to the requirements of Section 125-21 (C) (7) of the Village of Lansing Subdivision Regulations.
2. Private roads that shall provide access to four (4) or more properties shall conform to all design standards for "Cul-de-sacs, Dead Ends and Other Road Not Defined Elsewhere" as set forth in Section 125 Appendix D of the Village of Lansing Subdivision Regulations.
3. In all cases in which two (2) or more properties are provided access by a private road, the owners of those properties must prepare, execute and acknowledge a maintenance agreement in form and substance satisfactory to the Village Attorney. The owners of the road shall record the maintenance agreement in Miscellaneous Records at the Tompkins County Clerk’s Office, indexed to each of the deeds to the properties that are provided access by such road, and provide proof of such recording by delivery of a recording receipt to the Code Enforcement Officer, together with a copy of the signed agreement, before a building permit is issued for either construction of the road or construction of any improvements on the properties served by the road.

One (1) residential building per lot is permitted in LDR, MDR, HDR and CLT. Additional residential buildings on a single lot are permitted with additional conditions.

The height limitations of this chapter apply to buildings, church spires, belfries, cupolas, chimneys, silos, skylights, water tanks, monuments, flagpoles, antennas, utility lines, solar collector and wind devices and similar features.

If a residential and nonresidential use are to be located in one (1) structure on a single lot within any residential district, the applicable lot area, frontage, yard size and sign requirements for the residential use must apply and applicable parking and any other conditions for the nonresidential use must also apply.

13. Special notice requirements. In any event that a proposed development would be required to satisfy the requirements of this § 145-24, the developer of the subject nonresidential site must deliver to the Code Enforcement Officer, for submission to the Planning Board in advance of its consideration of the landscape plan for the nonresidential site, proof that the applicant has sent written notice by United States mail to all owners of property contiguous to the boundaries of the subject nonresidential site, which notice shall state the nature of the development proposed on the nonresidential site, the time and place of the Planning Board meeting at which the landscape plan for such nonresidential site shall be considered and which notice shall include a copy of the proposed site plan for the subject nonresidential site. Such notice shall be mailed to each such contiguous property owners not less than five (5) days prior to the Planning Board meeting at which the subject landscape plan is to be considered. [Added 8-2-1993 by L.L. No. 10-1993]

§ 145-25. Natural drainageways.

Natural drainageways should be preserved and be kept free of debris or other obstructions to water flow. Where relocation of a natural drainageway is requested, the Village Engineer must determine whether the relocation can be carried out in a way that will assure the free and unobstructed flow of stormwater. If debris or other obstructions interfere with water flow, and if the owner fails to remove the obstructions within thirty (30) days after written notice by the Zoning Officer, the Board of Trustees may order the debris or other obstructions removed and may charge the owner of the property any costs connected therewith. All drainageways not specifically included in the Conservation Combining Districts are to be protected from alteration which will adversely affect runoff amounts, water movement and erosion above or below the point of development, and the building/land use or Special Permit must be so endorsed by the Village Engineer.

Within one (1) year after work on any excavation for a building has begun such excavation must be covered over or filled by the owner to the normal grade. Any excavation or cellar hole remaining after the demolition or destruction of a building from any cause must be fenced in immediately and covered over or filled within one (1) year. If the owner fails to cover over or fill the excavation within thirty (30) days after written notice by the Zoning Officer, the Board of Trustees may order said excavation to be covered or filled and charge the owner of said property any costs connected therewith.

The Village requires land owners to preserve, protect and nurture as many trees as is ecologically sound when engaging in land development and property management.

It is the intent of this section to provide that facilities and uses are maintained with proper appearance from streets and adjoining properties and to provide that each facility and use observes minimum standards in control of emission of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity or any other potential nuisance factor. In many cases the performance of a proposed facility or use to all these standards cannot be properly judged in advance. In such cases, the owner, tenant, applicant or other responsible parties should note that these performance standards are continuing obligations and that all facilities and uses will be expected to be maintained and operated in compliance with these standards as set forth in § 145-83.

All lots must be kept free of abandoned or inoperable vehicles, discarded appliances and furniture, all forms of rubbish and junk and all building materials excepting those needed for work in progress. Dead trees and other natural materials are not defined as rubbish.

All storage of goods, machinery or materials must be in buildings or structures designed for that purpose. Trailers or other movable vehicles may be used for storage or warehousing for a time period not to exceed six (6) months by Special Permit.

All garbage and rubbish must be stored in containers which are out of public view, verminproof and cannot be opened by children or dogs.

For the purposes of this chapter the use of any facilities or machines provided for the exclusive use of the residents of any building is not considered a commercial activity.

In any case that salt, or any other chemical or chemical product the storage of which is not regulated under applicable New York State or Federal law or regulation, is stored at a location in the Village in any quantity exceeding either one hundred (100) pounds by weight or ten (10) gallons by volume, the owner, operator and/or tenant of the storage site shall take adequate precautions to prevent the stored material from causing damage to the environment, including as a result of the stored material being carried from the storage facility by rainwater or groundwater or otherwise being introduced into any natural or man-made drainageway or body of water. For the purposes of this Section, adequate precautions shall include, at a minimum, the compliance with the following requirements:

1. The storage facility must be large enough to hold the maximum quantity of the chemicals intended to be stored without overflowing and to permit easy movement of vehicles for loading and unloading.
2. The storage facility, and all areas used in loading and unloading, shall be located on a surface that is paved, or underlain by an in-place material having a permeability no greater than asphalt or a similar material.
3. The storage facility must be constructed of material that is not adversely affected by the salt or other chemicals stored therein.
4. The storage facility must be designed and located in such a way to prevent inflow of groundwater run-off, and to minimize the possibility of entry of water due to flooding.
5. The site drainage around the storage facility must be designed to prevent run-off from entering the storage facility.
6. The storage facility must be constructed in order that the stored material is kept dry and unaffected by precipitation by use of some form of impermeable cover or shelter. Plastic or other synthetic tarpaulins or sheets alone are not acceptable as covers.
7. If necessary or appropriate given the nature or the location of the storage facility, drainpipes, curbing and/or catchment basins must be installed to collect runoff from the stored material. In any event that such runoff is collected, it must be disposed of in accordance with any applicable laws, rules or regulations, including, if applicable, disposal by a licensed industrial waste transporter or, if permissible in accordance with current local laws and regulations, discharged into a municipal sewer system.
8. In all cases, construction of the storage facility, or use of an existing structure for the purposes described above, shall require issuance of a building permit, as well as a determination by the Code Enforcement Officer that its design satisfies the requirements of this Section 145-32.5 and all applicable zoning and other applicable regulations.
9. In the event that a property owner desires to store salt or other unregulated chemicals or chemical products in such quantity as would be regulated under the terms of this Section 145-32.5, but such property owner is not able to satisfy all of the requirements set forth above, such property owner may apply to the Village of Lansing Planning Board for a Special Permit for such property owner’s alternative storage plans, which application shall be reviewed by the Planning Board in accordance with the provisions of Section 145-59. The Planning Board may issue such Special Permit only upon the written recommendation of the Village Engineer approving the property owner’s alternative storage plans. Any violation of the terms of this Section 145-32.5 shall be subject to the terms of Section 145-78 below.

ARTICLE IV

For the purposes specified in this chapter, and in accordance with § 7-702 of the Village Law, the Village of Lansing is divided into districts as follows:

1. Basic districts. [Amended 6-6-1989 by L.L. No. 5-1989; 12-15-1993 by

All land in the Village falls within one or another of the established basic districts as shown on the Zoning Map. Such land may also fall within one (1) or more of the combining districts shown on the Zoning Map. The map and all notations and references shown thereon are hereby incorporated into and made a part of this chapter.

Incorporation of the districts bounded and defined as shown on the map entitled "Zoning Map of the Village of Lansing" and the map and all notations, references and other information shown thereon are as much a part of this chapter as if the notations, references and other matters set forth by the map were all fully described herein. Where uncertainty exists as to the boundaries of the districts as shown on the Zoning Map the following rules must apply:

The purpose of these §§ 145-36 through 145-50 is to set forth the land uses which will be permitted in the Village of Lansing and to specify the basic and combining districts in which each use will be permitted, subject to all of the general and special regulations related to the district in which the land use is located.

An environmental review may be required before issuance of any building land use permit or Special Permit, in accordance with the applicable provisions of the State Environmental Quality Review Act.

All uses not specifically set forth in this section or in the Chart of Uses, § 145-81, or described as typical uses in categories in § 145-82 are expressly prohibited.

B. Permitted uses. Permitted uses shall be as follows:

(5) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

(2) General and additional conditions. [Amended 3-6-1995 by L.L. No.

1. One-unit residence converted.

(b) Mobile home.

1. Home occupation.
2. Commercial crop/animal.
3. Additional residential building on single lot.

1. Intent. The legislative intent of this subsection is to define and establish standard regulations for a planned residential development containing both one- (1) and two- (2) family detached homes and town house units with consistent style and architecture.
2. Permitted Uses.

1. Utility Service Underground
2. Natural parks
3. One-Unit Residential Building
4. Two-Unit Residential Building
5. Town House Units
6. Alteration to Building or Improved Site or Change in Use that Does Not

1. Permitted Uses with Additional Conditions

1. Alteration to Building or Improved Site

1. Permitted with Special Permit: General and Additional Conditions

1. One-Unit Residence Converted
2. Cluster Housing
3. Home Occupation
4. Alteration to Building or Improved Site or Change in Use that

1. Dimensions: Lot, Yard, Building and Parking Requirements

1. Minimum Lot Size – Sewered and Non-Sewered Areas

1. One-Unit Residential Buildings – 24,000 Square Feet
2. Two-Unit Residential Buildings – 24,000 Square Feet
3. Town House Units – 4,000 Square Feet

1. Maximum Lot Coverage – Sewered and Non-Sewered Areas

1. One- and Two-Unit Residential Building – 10%
2. Town House Units – 25%

1. Minimum Street Frontage – Sewered and Non-Sewered Areas

1. One-Unit-Residential Buildings – 100 feet
2. Two-Unit Residential Buildings – 100 feet.
3. Town House Units – Note: The Village acknowledges that the individual town house units in the Shannon Park Development Area have frontage only on the private road/parking area that is owned in common by the town house unit owners’ Homeowners’ Association; this arrangement is acceptable in accordance with this Zoning Law for the Shannon Park Planned Development Area town house units but shall not be determinative of frontage requirements for lots on private roads elsewhere in the Village.

1. Front yard Setback Minimum – Sewered and Non-Sewered Areas

1. One-Unit Residential Buildings – 40 feet
2. Two-Unit Residential Buildings – 40 feet
3. Town House Units – Front yard setbacks for the Shannon Park Planned Development Area town house units shall be measured from the commonly owned private road/parking area, and all as-currently-built town house units are deemed to be in compliance with the front yard setback requirements of this Zoning Law; any addition to the town house units that would result in diminished front yard setback shall require an area variance.

1. Side Yard Setback Minimum – Sewered and Non-Sewered Areas

1. One-Unit Residential Buildings – 25 feet
2. Two-Unit Residential Buildings – 25 feet
3. Town House Units – 20 feet
4. All Accessory Buildings – 15 feet

1. Rear Yard Setback Minimum – Sewered and Non-Sewered Areas

1. One-Unit Residential Buildings – 40 feet
2. Two-Unit Residential Buildings – 40 feet
3. Town House Units – 25 feet
4. All Accessory Buildings for:

1. Parking Setback Standards

1. Sewered Areas

[1] Front Yard: One- and Two-Unit Residential – 20 feet

All Other Uses – 25 feet

[2] Side Yard: One- and Two-Unit Residential – 10 feet

All Other Uses – 15 feet

[3] Rear Yard: One- and Two-Unit Residential – 20 feet

All Other Uses – 25 feet

2. Non-Sewered Areas

1. Building Height Requirement – Sewered and Non-Sewered Areas

1. All Principal Uses – 35 feet
2. All Accessory Buildings – 15 feet

1. Parking Requirements – Sewered and Non-Sewered Areas

1. One- and Two-Unit Residential uses – 2 spaces per dwelling unit
2. All Other Uses – refer to specifications in Article V below

(5) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

1. One-unit residence converted.
2. Cluster housing.
3. Home occupation.
4. Commercial crop/animal.
5. Additional Residential Building on a single lot

[3] Rear yard.

(6) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

1. Hospital/clinic.
2. Alteration to Building or improved Site or Change in Use that

1. One-unit residence converted.
2. Cluster housing.
3. Home occupation.
4. Office/studio/service.
5. Additional Residential Building on a single lot.

(b) Parcels Fronting on North Triphammer Road.

1. Parcels Fronting on North Triphammer Road

(6) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

1. Mixed use.
2. Warehousing/storage/distribution.
3. Bank administrative operations.
4. Redevelopment on a larger site of a pre-existing non-conforming use currently in operation in the CLT Zoning District.
5. Additional residential building on a single lot.

1. (b) Multiple uses or tenants: sixty (60) feet each use or tenant.

1. Parcels Fronting on North Triphammer Road.

Notwithstanding the foregoing building setback standards, in the case of a parcel that formerly included some area acquired by the Village of Lansing in connection with the Village’s North Triphammer Road reconstruction project, for the purposes of measuring the front yard building setback requirement for new development on such parcel, the measurement shall include the width of the area so acquired by the Village of lansing along North Triphammer Road. [Added 4-20-1998 by L.L. No. 2-1998]

(5) Side yard setback minimum, all uses: twenty-five (25) feet.

(6) Rear yard setback minimum:

(a) All principal uses: forty (40) feet.

(b) All accessory buildings: twenty-five (25) feet.

(7) Parking setback standards. [Amended 6-6-1989 by L.L. No. 4-1989]

(a) Front yard, all uses: twenty-five (25) feet.

2. Side yard, all uses: fifteen (15) feet.
3. Rear yard, all uses: fifteen (15) feet.
4. Parcels Fronting on North Triphammer Road

	Separation Distance (feet) from:
	Septic Tank	Leaching Beds	Seepage Pits	Sewer Line
Drilled well, public	100	200	200	50(a)
Drilled well, private	50	100	100	50(a)
Dug well	75	150	150	50(a)
Water line (pressure)	10	10	10	10(b)
Water line (suction)	50	100	150	50(a)
Foundation	10	20	20	--
Surface water	50	100	100	25
Open drainage	25	35	35	25
Culvert (tight pipe)	25	35	35	10
Culvert opening	25	50	50	25
Catch basin	25	50	50	--
Interceptor drain	25	35(c)	35(c)	25
Swimming pool, in-ground	20	35	50	10
Reservoir	50	100	100	50
Property Line	25(d)	25(d)	25(d)	25(d)
Top of embankment or Steep slope	25	25	25	25

NOTES:

(a)Twenty-five (25) feet if cast-iron pipe.

(b)Water (pressure) and sewer lines may be in the same trench if water line is placed on an undisturbed bench or shelf so that the bottom of the water main is at least twelve (12) inches higher than the top of the sewer and the sewer is not subject to settling, vibration, superimposed loads or frost action.

(c)If bottom of drain is above finished grade at leaching facility; otherwise fifty (50) feet.

(d)Except seventy-five (75) feet from front property line (road right-of-way), and seventy-five (75) feet from any property line abutting a residential district.

1. The owner of the lot shall, within two (2) business days of the earliest date upon which such material will be processed by the Village, submit to the appropriate governmental offices all applications, forms, surveys, records and any other information or materials necessary or appropriate in order for the lot owner to obtain a sewer permit enabling said lot owner to connect the sewer system described in Subsection G(1) above to the appropriate public sewer main. Upon submission of the information and material described in the immediately preceding sentence, the lot owner shall be obligated to deliver to the appropriate governmental offices all such fees and charges as are collectible by such governmental offices at the time of application for the subject sewer permit.
2. Not later than the latest date permitted in accordance with the provisions of Chapter 111, Sewers, of the Code of the Village of Lansing, the lot owner, in accordance with all applicable provisions of Chapter 111, Sewers, shall connect the sewer system on the subject lot to the appropriate public sewer main so that the sewer system described in Subsection G(1) above is fully operable by such date, and from such date forward the septic system installed on such lot shall be disconnected and remain unused.

(3) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

1. Warehousing/storage/distribution. [Amended 6-6-1989 by L.L. No. 5-1989]
2. Adult entertainment business (see Section 145-60 (L) below) [Added 7-20-1998 by L.L. No. 5-1998]

1. Minimum lot size.

1. Parcels Fronting on North Triphammer Road

Notwithstanding the foregoing building setback standards, in the case of a parcel that formerly included some area acquired by the Village of Lansing in connection with the Village’s North Triphammer Road reconstruction project, for the purposes of measuring the front yard building setback requirement for new development on such parcel, the measurement shall include the width of the area so acquired by the Village of Lansing along North Triphammer Road. [Added 4-20-1998 by L.L. No. 2-1998]

(5) Side yard setback minimum.

(a) All principal uses: twenty-five (25) feet.

(b) All accessory buildings: fifteen (15) feet.

(6) Rear yard setback minimum, all uses: twenty-five (25) feet.

(7) Parking setback standards. [Amended 6-6-1989 by L.L. No. 4-1989]

(a) Front yard, all uses: twenty-five (25) feet.

2. Side yard, all uses: fifteen (15) feet.
3. Rear yard, all uses: fifteen (15) feet.
4. Parcels Fronting on North Triphammer Road.

(3) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

1. Indoor recreation.

1. Warehousing/storage/distribution.

1. All accessory buildings: fifteen (15) feet.

NOTES:

1. Twenty-five (25) feet if cast-iron pipe
2. Water (pressure) and sewer lines may be in the same trench if water line is placed on an undisturbed bench or shelf so that the bottom of the water main is at least twelve (12) inches higher than the top of the sewer and the sewer is not subject to settling, vibration, superimposed loads or frost action.
3. If bottom of drain is above finished grade at leaching facility; otherwise fifty (50) feet.
4. Except seventy-five (75) feet from front property line (road right-of-way), and one hundred fifty (150) feet from any property line abutting a residential district.

(3) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

(3) Alteration to Building or Improved Site or Change in Use that Does Not

Result in Change in Applicable Parking Space Requirements [Added

1. Non-sewered areas. Refer to § 145-42F, Commercial Low Traffic District non- sewered areas.
2. Additional requirements. Refer to § 145-42G, Commercial Low Traffic District.

1. All uses in the Drainageway Conservation Combining District, the Steep Slope Conservation Combining District, and the Unique Natural Area Conservation Combining District require a Special Permit and an environmental review. Development is prohibited on slopes of greater than twenty-five (25%) percent unless the applicant can demonstrate through engineering studies and to the satisfaction of the Planning Board that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated.
2. Dimensions and boundaries: see Zoning Map.

1. The Drainageway Conservation Combining District is extended along the course of all streams which are shown on the Village’s Zoning Map, as well as all streams that the Planning Board, in reviewing the subject property, determines cross the property and are subject to these regulations, including a distance up to two hundred (200) feet on each side of the thread of the stream. All drainageways not specifically included in the Drainageway Conservation Combining Districts must be protected from alteration in accordance with Section 145-25.
2. The Steep Slope Conservation Combining District includes all lots that contain slopes of fifteen (15%) percent or greater.
3. The Unique Natural Area Conservation Combining District includes those lands in the Village of Lansing that are designated as Unique Natural Areas by the Tompkins County Environmental Management Council.

ARTICLE V

Off-street parking and loading must be provided as specified in this section and must be paved or graveled, drained, maintained and provided with necessary access driveways. All parking space is required on the lot on which it is located, unless otherwise stated, and must not therefore be encroached upon in any manner by nonparking uses, nor be in any required front, side or rear yard. Open parking areas for five (5) cars or more must be landscaped and screened from adjoining streets.

Loading space must be adequate for the proposed use and must not encroach upon public access or parking spaces.

Traffic patterns in CHT, CLT, BTD and RSH districts must be clearly indicated with direction signs and traffic islands; parking spaces, fire lanes and pedestrian walkways and pickup points must be delineated by surface markings, signs, abutments or other methods sufficient to control traffic and parking and to ensure the safety of the citizens.

All uses permitted by this chapter must provide adequate off-street parking, and for those uses included in the following schedule, in at least the amount specified. The maximum allowable must not exceed twenty percent (20%) more than the specified amounts. In the case of mixed use of a building or property, the space requirements must be computed for each use and the total requirements for all uses must be provided in accordance with this section.

1. As part of any Special Permit application, the applicant therefor may request as part of such application a waiver of the minimum specified number of parking spaces as set forth in § 145-54 of this chapter.

5. Under all circumstances, the granting of a reduction in the minimum specified number of parking spaces as required pursuant to § 145-54 shall not be approved if such action has the effect of nullifying the intent and purpose of the Village General Plan or other provisions of this zoning chapter. Any certificates of compliance issued by the Village for improvements for which the off-street

ARTICLE VI

1. For a Special Permit for a Home Occupation, a fee of thirty dollars ($30) shall

1. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued therefore by the Zoning Officer stating that the proposed use of the building or land conforms to the requirements of this chapter.

The following additional conditions are required for building/land use permits for:

1. Additional residential building. [Amended 3-1-1999 by L.L. No. 3-1999]

D. Special Permit procedures.

The following additional conditions are required for Special Permits for:

1. The intent of this subsection is to permit a Village resident the opportunity to use his or her residence as a workplace, while protecting the character of the residential neighborhood from any adverse effects that may result from the presence of a Home Occupation. For the purposes of this Section, the term "adverse effects" shall mean a significant and undesirable change in the character of the neighborhood.
2. Home Occupations shall be permitted subject to and in accordance with the following Additional Conditions. The Home Occupation shall be permitted provided that:

1. The Home Occupation is carried on wholly within the principal building or within a building or other structure accessory thereto.
2. Not more than one full-time equivalent person not residing in the dwelling unit is engaged in the Home Occupation.
3. There is no use of any equipment or process which creates visible or audible electrical interference with any electrical appliance found in any other home.
4. There are no noxious odors, vibrations, glare or fumes that are detectable to normal sensory perception outside of the home in which the Home Occupation is conducted.
5. There is no exterior display and no exterior signage except as permitted under the provisions of the Village of Lansing Sign Law applicable in the zoning district in which the Home Occupation is conducted.
6. There is no exterior storage of materials that are used in connection with the Home Occupation.
7. No goods are offered for sale at the site of the Home Occupation except those crafted or assembled entirely on the premises.
8. There exists on the premises adequate parking for all traffic generated by the Home Occupation, including parking for the person not residing in the dwelling unit who is engaged in the Home Occupation.
9. The applicant has submitted to the Village’s Code Enforcement Officer a completed application for a Special Permit for the Home Occupation.
10. The vehicular traffic resulting from the operation of the Home Occupation as stated in the application does not constitute a significant increase in the total traffic otherwise occurring in the residential area in which the Home Occupation is located.

1. Permitted in Commercial Low Traffic District subject to the following additional conditions: no tellers and no automatic teller machines (ATMs) shall be permitted.

11. Telecommunications Facility [Added 5-18-1998 by L.L. No. 4-1998]

1. General Criteria. No Special Permit or renewal thereof or amendment of a current Special Permit relating to a telecommunications facility shall be granted by the Planning Board unless it finds that such telecommunications facility:

1. is necessary to meet current or reasonably expected needs for the applicant’s system and demands for service and coverage within the intended area;
2. conforms with all federal and state laws and all applicable rules or regulations promulgated by the Federal Communications Commission (the "FCC"), Federal Aviation Administration (the "FAA"), or any other federal agencies having jurisdiction;
3. is designed and constructed in a manner which minimizes visual impact to the extent practical;
4. complies with all other requirements of this Zoning Law, unless expressly superseded herein;
5. is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility;
6. when including the construction of a tower, such tower is designed to accommodate future shared use by at least two (2) other telecommunication service providers. Any subsequent location of telecommunication equipment by other service providers on existing towers technically and structurally capable of accommodating a shared use shall require the amendment of the Special Permit for such tower, in accordance with the provisions hereof for initial issuance of such Special Permit; and
7. shall be situated on the lot on which it is to be developed in such a manner and location as to allow for development of any portion of the Village’s Greenway that is also to be located on such lot in accordance with the Village’s Greenway Plan or any modification thereof as determined by the Planning Board.

1. Co-Location and Alternative Sites. The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any Special Permit application, renewal or amendment thereof shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report, including an area map identifying relevant locations, specifically describing the nature, size and location of existing telecommunications facility sites and structures exceeding seventy-five percent (75%) of the height of the proposed tower within the area intended to be serviced by the proposed tower as well as describing alternative sites for the proposed tower. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location as well as an evaluation of opportunities for development of alternative sites.

1. the planned equipment would exceed the structural capability of existing and approved telecommunications facilities or other structures, considering existing and reasonably anticipated future use for those facilities;
2. the planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
3. existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
4. other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures or alternative sites;
5. the property owner of the existing telecommunications facility or other structure or alternative site refuses to allow such co-location.

1. Dimensional Standards.

1. A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to one and one-half (1 ½) times the height of the tower and any antenna(ae) attached upon its zenith. The entire fall zone must not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not, except as set forth below, contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief from the requirements of this subsection (4) (a) may be granted by the Planning Board on a case-by-case basis if it is determined by such Board after submission of competent evidence, that modification of such requirement will not endanger the life, health, welfare or property of any person. In granting any such waiver, the Board may impose conditions reasonably necessary to protect the public or other property from potential injury.
2. Any telecommunications facility must be located on a single lot.
3. Any telecommunications facility, and the lot on which it is located, shall comply with the setback, frontage, minimum lot size, and yard standards of the underlying zoning district and the fall zone requirements of this article. To the extend there is a conflict, the more restrictive provision shall govern.
4. Notwithstanding provisions to the contrary of any other section of this Zoning Law, the front, side, and rear yard setback requirements of the underlying zoning district in which a telecommunications facility is erected shall apply not only to a tower, but also to all tower parts including guy wires and anchors, and to any accessory buildings that constitute a part of the telecommunications facility.

1. Lighting and Marking.

1. Any lighting and marking on a telecommunications facility, and any

tower constituting a part thereof, shall, at a minimum, satisfy the requirements of the FCC and FAA.

2. In addition to the requirements of the preceding paragraph, an applicant may be compelled to add FAA-acceptable lighting and marking, if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety and would not unduly adversely affect residents of any surrounding property.

1. Appearance and Buffering.

1. The use of any portion of a telecommunications facility for signs, or promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited, provided, however, that signage including no text or graphics other than health or safety warnings, which signage complies with the requirements of the Village’s Sign Law, and which signage has been reviewed and approved as part of the Special Permit, may be placed on the telecommunications facility.
2. The telecommunications facility shall have the least visual effect practical on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking as set forth above shall otherwise:

[1] have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board, or

[2] be disguised or camouflaged to blend in with the surroundings, to the extend that such alteration does not impair the ability of the facility to perform its designed function.

3. Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings.
4. In fulfilling the requirements of the State Environmental Quality Review Act ("SEQRA"), the Planning Board may require a Full Environmental Assessment Form ("EAF") for the proposed telecommunications facilities. A Visual Environmental Assessment Form (Visual EAF) shall be required as an addendum thereto. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF.
5. The telecommunications facility shall have appropriate vegetative buffering, satisfactory to the Planning Board, around the fences of the tower base areas, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, and public roads. The Planning Board may require the applicant to install and maintain screening of any telecommunications facility adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within view of the public.
6. Without limiting the requirements of the preceding paragraph, existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four (4) inches in diameter (measured at a height of four (4) feet off the ground) shall occur in connection with the telecommunications facility except in accordance with the terms of the Special Permit for such facility. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
7. The Planning Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate tower designs to more clearly identify adverse impacts for the purpose of their mitigation.
8. Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the Facility site.

1. Access and Parking.

1. Access ways shall make maximum use of existing public or private roads to the extent practicable. New access ways constructed solely for a telecommunications facility must be at least twenty (20), but no more than thirty (30) feet wide, and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
2. The road surface (driveways) shall be centered within access ways and not more than 60% of the width of the legal access way shall be covered with any form of improved surface.
3. Parking areas shall be sufficient to accommodate the greatest number of service vehicles required to service the facilities located on the premises at any one time.
4. Driveways or parking areas shall provide adequate on site turn-around, such that service vehicles shall exit the lot moving forward and will not have to back out onto a public road.

1. Security.

1. Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing of sufficient height, style and location as determined by the Planning Board, to adequately secure the site, the top foot of which may, at the discretion of the Planning Board in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site. The Planning Board may waive or modify the requirements for fencing if, in its discretion, the Board determines that other forms of security are adequate, or that, by reason of location, neighborhood or character of the site, security will not be significantly compromised by the omission, relocation or reduction in size, of the otherwise required fencing.
2. Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be installed provided that such lighting does not project off the site. Such lighting should only be activated when the area within the fenced perimeters has been entered.
3. There shall be no permanent climbing pegs within fifteen (15) feet of the ground of any tower.
4. A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right-of-way.

1. Engineering and Maintenance.

1. Site plans for a telecommunications facility must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers ("IEEE") and the American National Standards Institute ("ANSI").
2. Every telecommunications facility shall be inspected, at the owner’s expense, at least every second year for structural integrity and for electric and magnetic field limits and power density (conforming to FCC 96-326 Table 1) by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Village’s Code Enforcement Officer. Any unsafe condition revealed by such report shall be corrected within ten (10) days of notification of same from the Village to the record landowner on which the facility is constructed. The time period for correction may, on application of the landowner or owner of the facility, be extended by the Village Board of Trustees if it is impracticable to complete the correction within said ten days and if there is no imminent danger to life, limb or other person’s property. If the unsafe condition is not corrected within the applicable time period, the Special Permit for construction of the facility may, after a hearing by the Village Board of Trustees on at least ten (10) day’s prior notice to the landowner of record given by certified mail, return receipt requested, or other equally effective manner of providing notice, be revoked by such Board. Revocation may occur only if the Board of Trustees finds that there is an unsafe condition which poses a risk of bodily injury or significant property damage. Upon such revocation, the facility shall be removed or dismantled to the point of removing all unsafe conditions.
3. A safety analysis by a qualified professional must accompany any Special Permit application or amendment or renewal thereof, for the purpose of certifying that general population/uncontrolled (as such term is defined in the FCC’s Section 1.1310, 47 C.F.R. §1.1310) electromagnetic radiation exposure does not exceed standards set by the FCC or any permit granted by the FCC.
4. The Village, at the expense of the applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the Special Permit have been met, including whether the applicant’s conclusions regarding need, co-location, safety analysis, visual analysis, and structural inspection, are valid and supported by generally accepted and reliable engineering and technical data and standards.

1. Removal.

1. At the time of submittal of the application for a Special Permit for a telecommunications facility, the applicant shall submit an agreement to remove all antennae, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than twelve (12) consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils.
2. At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Planning Board upon the recommendation of the Village Engineer, but not less than fifty thousand ($50,000) dollars.
3. Upon any amendment of the Special Permit, the Planning Board may adjust the required amount to the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.

1. Application. The application for a Special Permit, for the construction of a telecommunications facility shall include, without altering any other application requirements as set forth in this Zoning Law:

1. A completed project application form in such detail and containing such information as the Planning Board may require.
2. Completed EAF and Visual EAF.
3. Site plan in accordance with the requirements of this section including, without limitation

[1] The exact location including geographic coordinates of the proposed telecommunications facility including any towers, guy wires and anchors, if applicable;

[2] The maximum height of the proposed facility, including all appurtenances;

[3] A detail of tower type, if any, including engineering drawings from the tower manufacturer (monopole, guyed, free-standing, or other);

[4] The location, type and intensity of any lighting on the tower;

[5] Property boundaries and names of all adjacent landowners;

[6] Proof of the landowner’s consent to the erection of the facility and agreement to abide by the ordinance if the applicant is not the landowner

[7] The location of all other structures on the property and all structures on any adjacent property within one hundred feet of the property lines, together with the distance of these structures from any proposed tower;

[8] The location, nature and extent of any proposed fencing, landscaping and screening;

[9] The location and nature of any proposed utility easements and access roads or drives; and

[10] The location of the fall zone for the tower, if any.

[11] Documentary evidence that the proposal satisfies the requirements of subsection 145-60 (K) (2) (b) above.

[12] The location of any portion of the Village’s Greenway that is to be developed in accordance with the Village’s Greenway Plan or any modification thereof as determined by the Planning Board on the lot on which the telecommunications facility is proposed to be located.

4. Agreement that the applicant will negotiate in good faith with any subsequent applicant seeking to co-locate a telecommunications facility on the initial applicant’s facility. This agreement shall commit the initial applicant and landowner and their respective successors in interest to:

[1] Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.

[2] Negotiate in good faith for shared use by third parties.

[3] Allow shared use if an applicant agrees in writing to pay reasonable charges for same.

[4] Make no more than a reasonable charge for shared use, based upon generally accepted accounting principles. The charge may include but shall not necessarily be limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the site to emit electromagnetic radiation in excess of levels permitted by the FCC.

5. The agreement for removal of the facility referred to above.
6. Copies of all documents submitted to the FCC or any other governmental agency having jurisdiction.
7. Any applicable application or other fees, including any deposits required by the Village to pay the costs of any consultants retained by the Village as provided herein.

1. Fees and Deposits.

1. The fees for a Special Permit application for a telecommunications facility shall be calculated in accordance with Section 145-57 (D) (2) above, and in any event that the telecommunications facility includes a tower, the tower shall be considered to be the principal building and all other structures to be accessory buildings.
2. In addition to the delivery of the fees described at (i) above, the applicant shall deliver with its application an amount equal to one percent (1%) of the estimated cost of the project. This sum shall be held by the Village in a non-interest bearing account, and these funds shall be available to the Village to pay consultants engaged by the Village to assist in review of the application. Following grant or denial of the application, the Village shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Village to pay any outstanding fees to said consultants.

1. Miscellaneous.

1. Any Special Permit granted hereunder shall be valid only for the dimensions and number of structures for the telecommunications facility contained in original application as so approved. Any subsequent amendments or additions shall require a new application for same following the procedures set forth in this section.
2. In considering the application, the Planning Board may, if the application is granted, impose such reasonable conditions as it may deem necessary to minimize any adverse impacts of the facility or its construction, or to assure continued compliance with the terms of this section.
3. A condition of any Special Permit granted hereunder shall require that the applicant convey a permanent right-of-way to the Village for the area of any portion of the Village Greenway that is to be located on the subject lot in accordance with the Village’s Greenway Plan or any modification thereof as determined by the Planning Board, which right-of-way shall provide the Village the right to improve and maintain such area, and which shall be in form and substance satisfactory to the Village’s attorney.
4. In the event that a court of competent jurisdiction renders a decision invalidating any portion of this local law, the balance of this local law shall be unaffected thereby and shall remain in full force and effect as if the invalidated portion had never been a part of this local law.

1. Notice of Public Hearing. Notwithstanding any provision of the Zoning Law to the contrary, the requirements for delivery of notice of the public hearing for the Special Permit described in this section shall be expanded to include notice to all property owners that are identified by the Planning Board as being affected by the proposed telecommunications fixtures.

L. Adult Entertainment Businesses. [Added 7-20-1998 by L.L. No. 5-1998]

(1) Adult entertainment businesses are prohibited within:

1. Two hundred fifty (250) feet of any zoning district designated by the Village as a Low Density Residential, Medium Density Residential, High Density Residential, Residential Planned Development Area, Commercial Low Traffic, Business and Technology, Research, or Human Health Services zoning district;
2. Five hundred (500) feet of any public or private school, licensed daycare facility, youth center, library, municipal office, museum or historic site;
3. Five hundred (500) feet of any church, place of worship or other religious facility or institution;
4. Five hundred (500) feet of any park or playground;
5. Five hundred (500) feet of any other adult entertainment business;
6. Any zoning district other than Commercial High Traffic.

(2) Exceptions.

1. "Adult Entertainment Business" shall include the following:

(b) Specified Anatomical Areas

(c) Specified Sexual Activities

(5) Not more than one (1) adult use shall be permitted on any individual lot.

M. Redevelopment on a Larger Site of a Pre-existing Non-conforming Use Currently in

Operation in Commercial Low Traffic District [Added 8-3-1998 by L.L. No.

The Board authorized to consider the Special Permit application shall comply with the applicable provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and the implementing regulations codified in Section 617 of Title 6 of the New York Code of Rules and Regulations.

Any person aggrieved by decision made pursuant to the terms of this § 145-59 may apply to the Supreme Court for review under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within thirty (30) days after the filing of the Board's decision in the office of the Village Clerk.

1. Special conditions for Drainageway Conservation Combining Districts. Drainageway Conservation Combining District uses will be granted a Special Permit only after the Planning Board has satisfied the requirements of SEQRA.
2. Special conditions for Steep Slope Conservation Combining District. Steep Slope Conservation Combining District uses will be granted a Special Permit only after the Planning Board has satisfied the requirements of SEQRA.

1. Required information. Steep Slope Conservation Combining District uses must be reviewed with consideration of measures designed to reduce the impact of the proposed construction on slope stability. Information to be furnished by the applicant must include, but is not limited to the following:

[1] A plat plan and elevations with dimensions of lots and existing and proposed structures, storm drainage systems, landscaping, streets, parking, and sewage disposal systems.

[2] An erosion and sediment control plan.

[3] A detailed grading plan, showing existing and final contours at two (2) feet intervals.

2. The Planning Board may impose additional requirements necessary for the protection of a Steep Slope Conservation Combining District as part of the Special Permit or subdivision process. Such requirements may include, but are not limited to the following:

1. Special conditions for Unique Natural Area Conservation Combining Districts. Unique Natural Area Conservation Combining District uses will be granted a Special Permit only after the Planning Board has satisfied the requirements of SEQRA.

1. Required information for Unique Natural Area Conservation Combining Districts. Uses in Unique Natural Area Conservation Combining Districts must be reviewed with consideration of measures designed to reduce the impact of the proposed construction on rare and scarce flora and fauna.

Information to be furnished by the applicant must include, but is not limited to the following:

[1] A plat plan and elevations with dimensions of lots and existing and proposed structures, storm drainage systems, landscaping, streets, parking, and sewage disposal systems.

[2] An inventory of flora and fauna.

[3] A plan for limiting impacts on all existing rare and scarce flora and fauna.

2. Additional required information for Unique Natural Area Conservation Combining Districts LA-7, LA-8, LA-9 and LA-10. Uses in Unique Natural Area Conservation Combining Districts LA-7, LA-8, LA-9 and LA-10 must be reviewed with consideration of measures designed to reduce the impact of the proposed construction on slope stability. Information to be furnished by the applicant must include, but is not limited to the following:

[1] An erosion and sediment control plan.

[2] A detailed grading plan, showing existing and final contours at two (2) feet intervals.

3. Additional required information for Unique Natural Area Conservation Combining District LA-12. Uses in Unique Natural Area Conservation Combining District LA-12 must be reviewed with consideration of measures designed to reduce the impact of the proposed construction on wetlands. Information to be furnished by the applicant must include, but is not limited to the following:

ARTICLE VII

Where a lawful structure exists at the effective date of adoption or amendment of this

chapter that could not be built under the terms of this chapter by reason of restrictions on

area, lot coverage, height, yards or other characteristics of the structure or its location on

the lot, such structure may be continued so long as it remains otherwise lawful, subject to

the following provisions:

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

Nothing in this chapter is deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

ARTICLE VIII

From the effective date of this section forward, the Planning Board of the Village, the Board of Trustees of the Village, the Code Enforcement Officer of the Village, the Clerk of the Village, the Deputy Clerk of the Village and any other officer, employee, consultant, staff member, board, commission or council of the Village shall not accept, consider, review, analyze, discuss or hear any application, submission or request made, and no owner, developer or manager of property within the Village, or agent or representative of any such person, shall be entitled to make any application, submission or request, under, in accordance with, pursuant to or with reference to, and no such party shall use or implement in any manner any of the terms or provisions of Appendix A of this chapter. Notwithstanding the foregoing, any planned development area in existence as of the effective date of this chapter shall continue to be governed in accordance with the terms and provisions of Appendix A (former Section 401 of this chapter) and the Planning Board, the Board of Trustees, the Code Enforcement Officer and any other interested persons or parties may engage in the review, analysis, discussion and development of proposals for revision, modification and/or amendment of the terms and provisions of Appendix A. This amendment of the Village's zoning chapter shall effectively delete in its entirety Appendix A (former Section 401 of this chapter) in regard to all property within the Village that has not prior to the effective date of this chapter been developed as a Planned Development Area.

This chapter is to be enforced by the Zoning Officer who is appointed by and serves at the pleasure of the Board of Trustees. The Board of Trustees, if circumstances warrant, has the power to appoint additional officers, either on a temporary or permanent basis. The Zoning Officer, Code Enforcement Officer, Planning Board, Board of Zoning Appeals and Board of Trustees have the right to enter onto property to make reviews of proposed or pending permit applications and to make regular inspections of buildings and/or land development sites.

A certificate of registered nonconformance may be obtained, upon application, from the Zoning Officer for any lawful nonconforming use in existence on the effective date of this chapter or amendments thereto. Such certificate will indicate the date of establishment of such nonconforming use and the nature of the use and must state specifically wherein the nonconforming use differs from the provisions of this chapter.

Any person conducting a lawful home occupation prior to the effective date of this chapter or amendment thereto may obtain, upon application, from the Zoning Officer, a certificate of registered home occupation. Such certificate will indicate the date of establishment of such use and the nature of the home occupation and will, in the absence of a Special Permit, serve to protect the right to continue such use without further permits. Nothing in this section prevents the application for Special Permit for a continuing home occupation, which was established heretofore, if the person conducting the home occupation prefers to follow Special Permit procedures.

The Zoning Officer must maintain a record of all certificates of compliance, certificates of registered home occupation and certificates of registered nonconformance and one (1) copy must be furnished when requested to any person.

Any person aggrieved by any decision of any officer charged with the administration and enforcement of this chapter may take an appeal to the Board of Zoning Appeals.

1. [Amended 9-15-1992 by L.L. No. 2-1992] The Board of Zoning Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer of the Village of Lansing, to grant area variances from the area or dimensional requirements of this chapter; such variances shall include variances of lot requirements (including minimum area, frontage and setbacks), dimensions, required distances, required parking facilities, restrictions on height, bulk, size or density and variances from the terms of Chapter 115, Signs, of the Code of the Village of Lansing. In making its determination, the Board of Zoning Appeals shall take into consideration the benefit to the applicant of the variance granted, as weighed against the detrimental to the health, safety and welfare of the neighborhood or community by the grant of such variance. In making such determination, the Board of Zoning Appeals shall also consider:

The provisions of this chapter are intended to be the minimum requirements necessary to accomplish the purpose of the law and must be interpreted and applied accordingly. When requirements of this chapter conflict with the requirement of other lawfully developed rules, regulations or law, the most restrictive or that imposing higher standards takes precedence.

ARTICLE IX

The following table of approximate equivalents may be used:

The Chart of Uses shall be as follows:

20,001 to 30,000 25¹

30,001 to 40,000 24¹

40,001 to 50,000 23¹