Chapter 145
ZONING
ARTICLE I
General Provisions
§ 145-1. Title.
§ 145-2. Purpose.
ARTICLE II
Definitions
§ 145-3. Terms defined.
ARTICLE III
General Use Regulations
§ 145-4. Intent.
§ 145-5. Incorporation of supplemental materials.
§ 145-6. System of measurement.
§ 145-7. Use subject to Village Subdivision Regulations.
§ 145-8. Annexation of land and territory not included.
§ 145-9. Conformity required.
§ 145-10. Prohibited facilities and uses.
§ 145-11. (Reserved)
§ 145-12. Tompkins County Board of Health approval.
§ 145-13. Lot size.
§ 145-14. Lots divided by zoning basic district boundaries.
§ 145-15. Yard dimensions.
§ 145-16. Right-of-way widening.
§ 145-17. Building lines on approved subdivisions.
§ 145-18. Corner lot clear areas.
§ 145-19. Driveway clear areas.
§ 145-20. Curb cuts, driveways and accessways.
§ 145-21. Number of residential buildings.
§ 145-22. Height limitations.
§ 145-23. Mixed use.
§ 145-24. Buffer strips.
§ 145-25. Natural drainageways.
§ 145-26. Excavation.
§ 145-27. Tree preservation.
§ 145-28. Performance standards.
§ 145-29. Maintenance of lot.
§ 145-30. Commercial storage.
§ 145-31. Refuse disposal.
§ 145-32. Where coin machines or facilities not considered commercial activity.
ARTICLE IV
District Regulations
§ 145-33. Districts enumerated.
§ 145-34. Zoning Map.
§ 145-35. Interpretation of Zoning Map boundaries.
§ 145-36. Purpose of district regulations.
§ 145-37. Environmental review.
§ 145-38. Assumed prohibition of uses.
§ 145-39. Low-Density Residential District (LDR).
§ 145-40. Medium-Density Residential District (MDR).
§ 145-41. High-Density Residential District (HDR).
§ 145-42. Commercial Low Traffic District (CLT).
§ 145-43. Commercial High Traffic District (CHT).
§ 145-44. Business and Technology District (BTD).
§ 145-45. Research District (RSH).
§ 145-46. Human Health Services District (HHSD).
§ 145-47. Flood Hazard Combining District (FHC).
§ 145-48. Conservation Combining District (CC).
§ 145-49. Airport Combining District (AC).
§ 145-50. Farm and Craft Market Combining District (FCMC).
ARTICLE V
Off-Street Parking
§ 145-51. Basic requirements and specifications.
§ 145-52. Loading space.
§ 145-53. Traffic control.
§ 145-54. Number of parking spaces required.
§ 145-55. Reduced number of parking spaces required.
ARTICLE VI
Permits
§ 145-56. Applicability.
§ 145-57. Procedures and fees.
§ 145-58. Additional conditions for building/land use permits.
§ 145-59. Special Permits.
§ 145-60. Additional conditions for certain Special Permit uses.
§ 145-60.1. Compliance with State Environmental Quality Review Act.
§ 145-60.2. Court Review.
§ 145-61. Special Permits in combining districts.
ARTICLE VII
Nonconforming Uses, Lots and Structures
§ 145-62. Intent.
§ 145-63. Nonconforming lots of record.
§ 145-64. Nonconforming structures.
§ 145-65. Nonconforming uses.
§ 145-66. Required restoration.
ARTICLE VIII
Administration, Appeals and Enforcement
§ 145-67. Planned development areas.
§ 145-68. Enforcement.
§ 145-69. Certificate of registered nonconformance.
§ 145-70. Certificate of registered home occupation.
§ 145-71. Records to be maintained.
§ 145-72. Board of Zoning Appeals.
§ 145-73. Grievances and appeals.
§ 145-74. Variances.
§ 145-75. Hearing procedure.
§ 145-76. Amendments.
§ 145-77. Notice and remedies.
§ 145-78. Penalties for offenses.
§ 145-79. Provisions to be minimum requirements.
ARTICLE IX
Standards and Measurements
§ 145-80. Table of Approximate Equivalents.
§ 145-81. Chart of Uses.
§ 145-82. Typical uses; category of use.
§ 145-83. Performance standards.
Appendix A: Planned Development Area (PDA)
Appendix B: Typical Lot
Appendix C: Dimensions Chart
Appendix D: Conservation Combining District Chart
Zoning Map
[HISTORY: Adopted by the Board of Trustees of the Village of Lansing 11-15-1976 as L.L. No. 6-1976; amended in its entirety 4-11-1984 by L.L. No. 4-1984. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Planning Board and Board of Zoning Appeals -- See Ch. 30.
Fire prevention and building construction -- See Ch. 75.
Subdivision of land -- See Ch. 125.
ARTICLE I
General Provisions
§ 145-1. Title.
This chapter may be referred to and cited as the "Village of Lansing Zoning Law."
§ 145-2. Purpose.
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
Definitions
§ 145-3. Terms defined.
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.
Alteration -- As applied to a building or structure:
A. Enlargement, by increasing in height or by extending on a side, front or back;
B. Moving from one location to another;
C. Any change, addition or removal of the structural parts; or
D. Any change, addition or removal of partitions, or any change in walls, ceiling, windows or doors.
Buffer strip -- Land within a commercial, research or business and technology district designated as a transition area where such district is contiguous with a residential district. The purpose of the buffer strip is to screen a residential district from any objectionable noise, odor and visual impacts on the adjoining commercial, research or business and technology district.
Building -- Any structure designed for the shelter and enclosure of human activities, or the storage or warehousing of goods, machinery or materials. This definition includes in-ground and above-ground swimming pools greater than 200 square feet in area and 24 inches or more deep; swimming pools less than 24 inches deep are not regulated by this Law, and swimming pools 24 inches or more deep but 200 square feet or less in area shall be regulated as accessory buildings. [Amended 1-24-2000 by L.L. No. 1-2000]
Building, accessory -- A subordinate building clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building, such as a tool shed, gazebo, screen house, storage or animal shelter, and which does not exceed two hundred (200) square feet in area nor fifteen (15) feet in height. Garages, carports, barns, solar collectors, windmills, dish antennae and other structures exceeding these limits are considered principal buildings. Accessory buildings shall also include swimming pools that are 24 inches or more deep but 200 square feet or less in area. [Amended 1-24-2000 by L.L. No. 1-2000]
Building height -- The distance measured from a datum established by the average elevation of the finished grade adjoining the exterior of the building, to the highest point of the structure. [Amended 3-19-1991 by L.L. No. 4-1991]
Building line -- The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side and rear building lines are respectively the building lines closest to the street right-of-way, side property line and rear property line.
Building, principal -- A building or buildings within which is conducted the primary and associated uses of the lot on which the building is located. Garages, carports, barns and the like are principal buildings if they exceed two hundred (200) square feet in area or fifteen (15) feet in height.
Building, residential -- Any building designed and used exclusively for human habitation.
A. One-unit residential building -- A detached building containing one (1) dwelling unit.
B. One-unit residence converted -- A one-unit residential building, owner-occupied for a minimum of three (3) years which is converted for the occupancy of two (2) households, including that of the owner.
C. Two-unit residential building -- A detached building containing two dwelling units.
D. Multiunit residential building -- A detached building containing three (3) or more dwelling units.
E. Group residential building -- A detached building in which nontransient (monthly or longer) facilities are supplied for compensation for more than three (3) unrelated persons. A group residential building may or may not be supplied with central kitchen and/or dining facilities.
Cluster housing area -- An area where the density of development is no greater than would otherwise be permitted by conventional lot regulations, but where residential buildings are permitted on lots smaller than specified by the regulations of this chapter and where residual land produced by the smaller lot size is used for recreation and open space purposes, whether under public or private ownership and control.
Conservation -- Any use that will maintain the land in essentially its natural state.
Dwelling unit -- One (1) or more rooms providing living accommodations for one (1) household, including cooking and bathroom facilities, and including a one-unit residence converted for the occupancy of two (2) households.
Family -- See "household."
Flood or flooding -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams or abnormally rising lake waters.
A. One-hundred-year flood -- The greatest degree of flooding that, on the average, is likely to occur once every one hundred (100) years [i.e., that has a one percent (1%) chance of occurring each year] as determined by the United States Department of Housing and Urban Development (Federal Insurance Administration) or other competent authority.
B. One-hundred-year-flood elevations -- The highest level of flooding that, on the average, is likely to occur once every one hundred (100) years [i.e., that has a one percent (1%) chance of occurring each year] as determined by the United States Department of Housing and Urban Development (Federal Insurance Administration) or other competent authority.
Flood hazard area -- That area which is inundated by the one-hundred-year flood; it is delineated by connecting all the points where the contours of the land and the one-hundred-year-flood elevation meet.
Floodproofing -- Any combination of structural and nonstructural additions, changes or adjustments to lands and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings, usually by raising the buildings above the one-hundred-year-flood elevation.
Frontage -- The greater of:
A. The distance between side lot lines measured along the street right-of-way lines; or
B. A line parallel to the street right-of-way line at the distance specified for front yard depth.
Garage, private -- A building or portion thereof intended for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted therein.
Garage, public -- Any building, land or portion thereof which is available to the public, operated for gain and which is used for storage, repair, rental, servicing or equipping of automobiles or other motor vehicles.
Gasoline service station -- See "garage, public."
Home occupation -- An occupation or profession which is carried on by a person residing in the dwelling unit, and is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes. (See § 145-60D for requirements.)
Household -- An individual, or two (2) or more persons of recognized family relationship, occupying a dwelling unit on a nontransient (monthly or longer) basis. Two (2) additional unrelated individuals may be included as part of a household.
Kennel -- The keeping of four (4) or more dogs, over six (6) months old, for the purpose of breeding or boarding them for personal or business purposes.
Lot -- Any parcel, plot, site or tract of land separated from other parcels, plots, sites or tracts by description as on a subdivision plat, survey map or by metes and bounds, for the purpose of transfer, conveyance, sale, lease or separate use.
Lot area, gross -- An area of land the size of which is determined by the limits of the lot lines bounding said area and is usually expressed in terms of square feet, acres, centares or hectares. Acreage within a right-of-way for streets or roads is excluded for all calculation purposes.
Lot, corner -- A lot at the junction of and fronting on two (2) or more public rights-of-way.
Lot coverage -- That percentage of lot area covered by a building or buildings.
Lot, interior -- A lot which has no frontage on a public right-of-way.
Lot lines -- The lines bounding a lot as defined herein.
Lot, through -- A lot with frontage on at least two (2) public rights-of-way, two (2) of which do not intersect at any point on the lot line.
Mixed use -- A parcel developed for both residential and commercial uses. [Amended 3-6-1995 by L.L. No. 1-1995]
Mobile Home – A dwelling unit, transportable in one or more sections, built on a
permanent chassis, designed to be used with or without a permanent foundation, that is manufactured off-site, transported to the site on its own axles and wheels and connected to required utilities when placed on-site. Notwithstanding the foregoing definition, in the event that a dwelling unit otherwise so defined as a mobile home, once completed on-site, is permanently affixed to a permanent foundation, with its axles and wheels permanently removed, is at least sixteen feet in width, contains at least 1,000 square feet of area, and has exterior wall which are no less than 6 inches thick, for the purposes of this Zoning Law such dwelling unit shall not be defined as a mobile home and instead, for the purposes of this Zoning Law, shall be deemed to be a one-unit residential building. [Added 1-24-2000 by L.L. No. 2-2000]
Motel -- A building or group of buildings, whether detached or in connected units, designed to be used for sleeping purposes primarily by travelers and providing for accessory parking on the lot. This definition includes hotels.
Movable Building – A tool shed, garden shed or similar construction, the use of which
does not require permanent location on the ground, or attachment to something having a permanent location on the ground, and therefore not a "structure" in accordance with the definition thereof below, which is typically constructed off-site and may be moved from one location to another on the site. [Added 3-1-1999 by L.L. No. 2-1999]
Nursing home -- A home for the aged or infirm in which more than three (3) unrelated persons are provided with food, shelter and health care for compensation but not including hospitals, clinics or similar institutions. A nursing home is a group residential building.
Parking space, off-street -- A space on a lot available for parking one (1) automobile and which is an area at least nine (9) feet wide and eighteen (18) feet long, not including maneuvering area and access drives thereto. [Amended 12-20-1993 by L.L. No. 17-1993]
Performance standard -- A criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive and other hazards, or glare or heat generated by activities on land or in buildings.
Planned development area -- An area of land five (5) acres or more in one (1) ownership, designed and built or to be built as a complete project, providing a street system and water and sewer facilities as necessary, and used for residential, commercial or business and technological purposes or some combination thereof.
Public sewers -- A sewerage facility owned and operated by a public agency and providing collection and treatment of liquid wastes.
Religious facility -- A regularly attended place of religious worship, including facilities for religious education and a cemetery attached thereto. This use does not include nursery schools, child-care centers, day-care centers and day camps for seven (7) or more pupils operated in a religious facility or by a religious organization. Such uses are considered schools.
Roadside stand -- A small structure, booth or stall used principally for the retail sale of vegetable, fruit or dairy products produced on the same lot to passersby.
Rooming house -- See "building, residential; group residential building."
School -- A place of education operated privately or by a public agency for the education of seven (7) or more students. This definition includes all nursery schools, child-care centers, day-care centers and day camps caring for seven (7) or more pupils.
Sign -- Any material, symbol, emblem, structure or device or part thereof which is designed or used to advertise or call attention to any thing, person, business use or place. For further definitions see Chapter 115, Signs, of the Code of the Village of Lansing now in effect or hereinafter adopted or amended.
Site improvements -- Public utility site improvements, private utility site improvements or alterations to the surface of a lot for the purpose of improving its usability, such as grading, paving, dam, drainage ditch, etc.
Street -- A public or private right-of-way fifty (50) feet or more in width which provides a principal means of access to abutting property, or any right-of-way, improved and used for vehicular traffic, which is more than thirty (30) feet and less than fifty (50) feet in width, provided that it existed prior to the enactment of this chapter. The term "street" includes avenue, drive, circle, court, road, parkway, boulevard, highway, way, trafficway, thoroughfare or any similar term.
Structural alteration -- See "alteration."
Structure -- Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This definition includes windmills, solar collectors and dish antennae. Mail boxes, lampposts, bird feeders and similar residential appurtenances are not considered structures for the purpose of this chapter.
Subdivision -- The division of any parcel of land into two (2) or more parcels, lots, plots, tracts, sites or other division of land. Refer to Chapter 125, Subdivision of Land.
Submission date -- The date of the regular monthly business meeting of the Planning Board, at least twelve (12) days prior to which an application, complete and accompanied by the required fee and all required materials, has been filed with the Village Clerk.
Swimming Pool – Any in-ground or above-ground structure 24 inches or more deep at any point designed to contain water for human recreational activities. Swimming pools less than 24 inches deep are not regulated by this Law. Swimming pools greater than 200 square feet in area are defined as buildings, while swimming pools 200 square feet or less in area are defined as accessory buildings [Added 1-24-2000 by L.L. No. 1-2000]
Telecommunications facility -- Any equipment used in connection with the provision of one-way wireless communications services, including radio and television broadcasting, and one-way paging, and/or two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communications services, regulated by the Federal Communications Commission in accordance with the Telecommunicaitons Act of 1996 and other federal laws. A telecommunications facility may include monopole, guyed, or latticework tower(s), antenna(ae), switching stations, principal and accessory telecommunications equipment, and supporting and accessory masts, wires, structures, and buildings [Added 5-18-1998 by L.L. No. 4-1998]
Tourist home -- A residential building, containing at least one (1) dwelling unit and offering rooms for occupancy on a transient (monthly or less) basis as a home occupation. This definition includes bed-and-breakfast uses.
Use -- A specific purpose for which land or building is used or designed and intended to be used and maintained.
Variance -- Either an area variance or use variance granted by the Board of Zoning Appeals in accordance with the terms of this chapter.
A. Area variance -- The authorization by the Board of Zoning Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
B. Use variance -- The authorization by the Board of Zoning Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
Yard -- A space open to the sky, on the same lot with the principal building or structure or use.
Yard, front -- The area of land between a street right-of-way line and a line parallel thereto at a specified distance. Corner lots have front yards on each right-of-way and side yards extending from each front yard.
Yard, rear -- The area of land between the rear lot line and a line parallel thereto at a specified distance. It is possible that some lots will not have rear yards. No more than one (1) rear yard must be designated; on irregular lots the Zoning Officer may determine the location of the rear yard, taking into account the adjoining properties.
Yard, side -- A yard extending from the rear line of the required front yard, parallel to the side lot line, to the front line of the required rear yard. It is possible that some lots will not have rear yards. In the case of through lots and corner lots, side yards must extend from the rear lines of the front yards required.
Zoning Map -- The Zoning Map of the Village of Lansing together with all amendments subsequently adopted.
ARTICLE III
General Use Regulations
§ 145-4. Intent.
Except as hereinafter provided, the following general provisions apply to land use and development in the Village of Lansing.
§ 145-5. Incorporation of supplemental materials.
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.
§ 145-6. System of measurement.
A. Throughout this chapter measurements are expressed in the customary system (feet, square feet, acres, etc.).
B. The applicant for a building/land use or Special Permit may choose either the customary system or the international standard system (meters: m; square meters or centares: ca; hectares: ha, etc.). One (1) system must be chosen and used throughout each application. (Refer to the Table of Equivalent Measurements in § 145-80.)
C. At such time as the proposed International Standard System is declared official and the customary system is abolished by competent authority, the customary system will no longer be used in the administration of this chapter and requirements expressed herein in customary units will become null and void and the International Standard System equivalents shall apply.
§ 145-7. Use subject to Village Subdivision Regulations.
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.
§ 145-8. Annexation of land and territory not included.
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.
§ 145-9. Conformity required.
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.
§ 145-10. Prohibited facilities and uses.
Any facility or use not specifically permitted in this chapter or permitted through the Special Permit or planned development area procedures is hereby prohibited.
§ 145-11. (Reserved)
§ 145-12. Tompkins County Public Health Department approval.
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.
§ 145-13. Lot size.
No lot may be reduced by subdivision to create any residual lot which does not meet the requirements of this chapter.
§ 145-14. Lots divided by zoning district boundaries.
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.
§ 145-15. Yard dimensions.
In determining the dimensions of a yard the following rules are to be used:
A. Porches, carports and similar features of a building, which are roofed but open on one (1) or more sides, are considered part of the building.
B. Terraces, steps, porches, patios and similar features which are unroofed and which rise less than three (3) feet above the finished grade are considered not part of the building.
C. On a corner lot the yard dimension required on the side street must not be less than the required front yard of the adjoining lot on the side street.
D. Yard requirements along zoning district boundary lines:
(1) Along the boundary line between abutting residential districts where the size requirements for abutting side or rear yards are different, the dimensions for yards in the district with the smaller requirement is to be increased to the average of the required minimum yards in the two (2) districts.
(2) Where two (2) residential districts abut on a street line there is required, for a distance of fifty (50) feet from the district boundary into the district with the smaller required front yard depth, a front yard depth equal to the greater of the required front yard depths in the two (2) abutting districts.
(3) Where two (2) residential districts abut across a street right-of-way the greater front yard requirement of the two (2) districts is required in both districts.
(4) Buffer strip: see § 145-24.
§ 145-16. Right-of-way widening.
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.
§ 145-17. Building lines on approved subdivisions.
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.
§ 145-18. Corner lot clear areas.
A. On any corner lots, no structure, fence or planting is permitted within a "clear area" defined as:
(1) A horizontal, triangular area described by the following three (3) points:
(a) Point A: the intersection of the two (2) street right-of-way lines.
(b) Point B: a point on one (1) of the right-of-way lines twenty (20) feet from the intersection of the right-of-way lines.
(c) Point C: a point on the other right-of-way line twenty (20) feet from the intersection of the right-of-way lines.
(2) And, within this triangle: a vertical area beginning two and one-half (21/2) feet above the ground and extending to ten (10) feet above the ground.
B. Any fence or planting that extends into the clear area must be made to conform within ninety (90) days from the effective date of this chapter.
§ 145-19. Driveway clear areas.
A. On any lot no structures, fence or planting is permitted within a driveway clear area, defined as:
(1) A horizontal, triangular area described by the following three (3) points:
(a) Point A: the intersection of the center of the driveway and the street right-of-way line.
(b) Point B: a point on the driveway ten (10) feet from this intersection.
(c) Point C: a point on the street right-of-way line ten (10) feet from this intersection.
(2) And, within this triangle: a vertical area beginning two and one-half (21/2) feet above the ground and extending to ten (10) feet above the ground.
B. Any fence or planting that extends into the clear area must be made to conform within ninety (90) days from the effective date of this chapter.
§ 145-20. Curb Cuts, Driveways and Private Roads. [Amended 8-18-1997 by L.L. No. 1-1997]
B. Curb Cuts and Driveways for Non-Residential Lots.
D. Private Road.
§ 145-21. Number of residential buildings.
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.
§ 145-22. Height limitations.
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.
§ 145-23. Mixed use.
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.
§ 145-24. Buffer strips. [Amended 3-22-1988 by L.L. No. 1-1988]
A. Where a residential district abuts either a commercial, research or business and technology district, a buffer strip will be established contiguous to the district boundary and wholly within the commercial, research or business and technology district as hereafter provided.
B. Where a residential district abuts a commercial low traffic district, the buffer strip shall be seventy-five (75) feet wide, except that a variable rate buffer strip may be employed as provided in Subsections F, G and H of this section.
C. Where a residential district abuts a research district, the buffer strip shall be seventy-five (75) feet wide.
D. Where a residential district abuts a commercial high traffic district or a business and technology district, the buffer strip shall be one hundred fifty (150) feet wide.
E. [Amended 8-2-1993 by L.L. No. 10-1993] In any event that a proposed development would be required to satisfy the requirements of this § 145-24, then the developer of the subject nonresidential site must obtain the Planning Board's approval of the landscape plan, including a description of the configuration and content of the buffer strip, for the nonresidential development, prior to obtaining a building permit for all or any part of the development. Any development or improvements, including parking facilities, shall be expressly prohibited in the buffer strip except where such development or improvements are for landscaping, walkways, bikeways, underground utilities, drainage facilities or establishing vegetative growth on the property. The buffer strip shall be designed, planted, graded or developed with the general guideline that the closer a nonresidential use or activity is to a property line or the more intense the use, the more effective the buffer must be in obscuring light, vision and reducing noise beyond the nonresidential lot. The location of the plantings in the buffer strip should optimize the screening capability of the plantings by utilizing the topography of the site, and should take into consideration the views from and into neighboring residential districts. Within the buffer strip, the developer of the nonresidential site shall, at its expense, install a continuous screen of plantings, designed, at a minimum, to obscure year round the visibility from the residential district of the development on the nonresidential site. The determination of whether the screen shall obscure the visibility of the development on the nonresidential site shall be made based upon the view toward the nonresidential site from eye-level along the setback line(s) within the adjacent residential site(s), which setback line(s) parallels the boundary or boundaries between the subject nonresidential and residential sites. The developer shall complete the buffer strip in accordance with the landscape plan approved by the Planning Board, and the buffer strip shall satisfy the following criteria:
(1) The developer shall install within the buffer strip evergreens equal in number to one (1) for every six (6) feet of boundary between the subject nonresidential site and any adjacent residential district(s). These evergreens shall be Eastern White Spruce, Douglas Fir or an equivalent, approved by the Planning Board as part of the Planning Board's approval of the landscape plan for the site, and shall be at least six (6) feet in height at the time of planting. Where possible, the evergreen trees are to be either staggered or planted in naturalistic groupings, thereby providing the maximum obtainable screening.
(2) In addition to the requirements for evergreens stated in Subsection E(1) above, the developer shall install within the buffer strip deciduous trees and shrubs equal in number to fifty percent (50%) of the number of evergreens required. At least one-half (1/2) of these deciduous plants shall be two-inch-caliper to three-inch-caliper trees. All shrub plantings shall be two (2) to three (3) feet tall container-grown, or three (3) to four (4) feet tall bare root deciduous shrubs.
(3) Existing trees may be used to fulfill the requirements of Subsection E(1) and (2) above if and only if their size type and location are approved by the Village Planning Board as part of its approval of the landscape plan for the site. Where there exists natural screening within the buffer strip, the natural screening should be preserved and used to the greatest extent feasible. Existing vegetation that is approved to fulfill these requirements must be protected with a snow fence or similar structures during construction of the nonresidential development.
(4) At its sole discretion, the Planning Board may permit plantings to be placed outside of the buffer strip to be counted toward fulfillment of the requirements of Subsection E(1) and (2) above, and may reduce the required number of six-foot-tall or two-inch-caliper to three-inch-caliper trees in consideration for the substitution of larger trees or decorative fencing where to do so will increase the screening capability of the landscaping.
(5) The design of the buffer strip and the plantings to be installed therein shall be practical to maintain in a sightly condition; plant species shall be chosen for their suitability to the site and climate so that they can be maintained in a healthy condition.
(6) The Village Conservation Advisory Council may recommend, and the Planning Board shall have the authority to approve, a landscape plan that includes reasonable variations from the requirements of Subsection E(1) through (4) above, provided that the developer has demonstrated to the satisfaction of the Planning Board that such variations shall produce screening that is no less effective than would be produced if these requirements were satisfied without such variations. In the event that the Planning Board so approves such a plan, then the requirements of such approved plan shall supersede and shall be imposed in lieu of any requirements of Subsection E(1) through (4) above that vary from such plan.
(7) The landscape plan, and the buffer strip forming an element thereof, shall satisfy or conform to each of the general conditions for issuance of a Special Permit, as set forth in § 145-59E of this chapter, to the extent that such general conditions are applicable to a landscape plan or buffer strip.
F. Purpose of variable width buffer strip. To introduce additional flexibility in the siting of permitted land uses in the Commercial Low Traffic District without changing or increasing the intensity of land use activities that would otherwise be permitted in the Commercial Low Traffic District, and to encourage innovative site plans that will provide an attractive environment, a variable width buffer strip may be employed between the Commercial Low Traffic District and the abutting residential district subject to the provisions of Subsections G and H of this section. If a variable width buffer strip is applied for, the buffer strip provisions of Subsection B are hereby replaced by the approval process described in Subsection G and the provisions in Subsections G and H; however, in no case may the buffer strip width be reduced to less than twenty-five (25) feet.
G. Procedure for variable width buffer strip.
(1) The applicant seeking approval of a variable width buffer strip must submit and file at least two (2) site plans to the Village Clerk at least twelve (12) days prior to the regular monthly business meeting of the Planning Board. One (1) site plan shall be prepared with the standard buffer strip required in Subsection B; one (1) or more site plans shall be prepared with the variable width buffer strip plans for which the applicant seeks approval. The site plan with the standard buffer strip must include:
(a) The total area of enclosed floor space for all existing improvement and/or improvements to be constructed.
(b) The total existing and/or proposed parking and loading areas and total number of existing and/or proposed parking spaces.
(c) The total existing and/or proposed lot area in impervious surface.
(2) The site plan(s) with the requested variable width buffer strip for which approval is being sought must show that the total area of enclosed floor space, total parking and loading area and number of parking spaces and total lot area in impervious surface in each instance do not exceed those of the submitted site plan with the standard buffer strip.
(3) The Planning Board must conduct a public meeting and publish and post notice thereof in accordance with the provisions of § 145-59D(3) governing Special Permit approval. In addition thereto, the applicant seeking approval of a variable width buffer strip shall send by mail to all owners of Village property contiguous to the boundaries of the property for which variable width buffer strip approval is being sought written notice of the public meeting of the Planning Board at which such application is to be heard. Such notice shall state the nature of the application for such variable width buffer strip approval, the time and place of the public meeting and such additional information as shall be required by the Village Zoning Officer. Such notice shall be mailed no less than five (5) days prior to the scheduled public meeting. Proof of such mailing shall be filed with the Planning Board prior to or at the time of the scheduled public meeting.
(4) In making its review and rendering its decision as to whether such variable width buffer strip shall be approved, the Planning Board must report its findings as to the criteria and requirements set forth in Subsection H. The Planning Board must complete its review and issue its decision within sixty-two (62) days after the date of the public hearing, which hearing shall be held within sixty-two (62) days after submission of the application. If the site plan including the requested variable width buffer strip is approved by the Planning Board, the Zoning Officer shall be authorized to issue any permits to which the applicant is entitled when all other applicable requirements have been completed. If the Planning Board determines that the requested variable width buffer strip does not comply with the criteria and requirements set forth in Subsection H and therefore results in no significant benefit to the neighborhood, nor does it achieve the purposes of this section, the Planning Board shall approve only the site plan with the standard buffer strip.
H. [Amended 8-2-1993 by L.L. No. 10-1993] Variable width buffer strip criteria and requirements. Approval of a variable width buffer strip shall not be granted by the Planning Board unless the approved site plan with the requested variable width buffer strip meets the following requirements and criteria. The Planning Board may employ professional assistance in evaluating the compliance of the proposed variable width buffer strip plan with these criteria and requirements.
(1) The variable width buffer strip must be judged as equally effective and sufficient in screening the residential side of the buffer strip from noise, glare, vibration, odors, visual obtrusiveness and any other undesirable externality of the proposed development in the Commercial Low Traffic District as would result from the standard buffer strip imposed by the requirements in Subsection B.
(2) The site plan presented with the standard buffer strip must be judged approvable in all respects, including the density of landscaping, suitability of plantings and/or fences and location of all other improvements included in the proposed development in the Commercial Low Traffic District.
(3) The variable width buffer strip shall have a minimum width of twenty-five (25) feet and need not have a greater width than seventy-five (75) feet and may vary between its minimum width and maximum width and need not be the same width along its entire length.
(4) Any and all requirements of Subsection E of this section have been complied with.
(5) Any and all other conditions and/or requirements for any Special Permit required for the proposed development in the Commercial Low Traffic District have been complied with.
I. Phased installation. The Village Planning Board may, following recommendation to the Planning Board by the Village Conservation Advisory Council, permit the plantings in the buffer strip to be installed in phases, over a stated time period, as part of the Planning Board's approval of the landscape plan for the site. If phased installation is permitted, the developer shall be entitled to receive and hold only a temporary certificate of occupancy for the development and therefore shall be required to fulfill the requirements of § 145-57G(3) of this chapter. In order to satisfy such requirements, the developer shall be required to deliver to the Village, prior to issuance of a building permit for the development, a performance bond or letter of credit, in form and substance satisfactory to the Village Attorney, to remain in effect until all phased planting is completed, in an amount determined by the Planning Board, on the basis of the Conservation Advisory Council's estimate, equal to the cost of acquisition and installation of the phased plantings, plus twenty percent (20%). In the event that the developer fails to complete the phased installation of plantings in accordance with the Planning Board's approval of the same, the Village may cause such installation to be performed, following the procedure described in Subsection K below, and may draw upon the aforementioned letter of credit for reimbursement of any and all costs, expenses and fees incurred by the Village in connection with the same. [Added 8-2-1993 by L.L. No. 10-1993]
J. Developer's guaranty. The developer shall guarantee to the Village, in writing, that the plantings installed in the buffer strip shall be maintained and remain healthy for a period of two (2) years from the date that the first certificate of occupancy is issued by the Village Code Enforcement Officer for the nonresidential development at site. Simultaneously with the delivery to the Village of this written guaranty, the developer shall deliver to the Village a performance bond or letter of credit, in form and substance satisfactory to the Village attorney, to remain in effect for the two-year period of the developer's guaranty, in the amount determined by the Planning Board, on the basis of the recommendations of the Conservation Advisory Council, to maintain the plantings installed in the buffer strip. During this two-year period, the developer, or the developer's successor in interest, shall permit the Village Code Enforcement Officer to inspect the site, and the Village shall cause inspection(s) to be made of all plantings installed in the buffer strip. The developer of the nonresidential site shall be obligated, at its expense, to replace damaged, destroyed or diseased trees and other plantings installed in the buffer strip with plantings of similar species and of the sizes specified in Subsection E(1) and (2) above, by no later than the next planting season following receipt of written notice from the Village of such damage, destruction or disease. In the event that the developer fails to do so, the Village may cause such replacement to be performed, following the procedure described in Subsection K below, and may draw upon the letter of credit described in this Subsection J for reimbursement of any and all costs, expenses and fees incurred by the Village in connection with the same. [Added 8-2-1993 by L.L. No. 10-1993]
K. Maintenance of buffer strip. The owner of the nonresidential site(s) upon which all or any part of the buffer strip(s) is (are) located shall be obligated, at the owner's expense, to maintain and/or replace all plantings installed in the buffer strip as required in accordance with the terms of this § 145-24 in perpetuity. In any event that the owner fails to properly maintain and/or replace such plantings, the Village Code Enforcement Officer may take such action to enforce the terms of this Subsection K as is authorized by applicable law, including but not limited to such action as is authorized in accordance with Article VIII of this chapter. [Added 8-2-1993 by L.L. No. 10-1993]
L. Cross-reference to building height and setback requirements. The developer should make reference, in formulating the landscape plan, to the requirements of this chapter stating the restrictions on the height and required setback of structures within each zoning district; particularly §§ 145-15, 145-22, 145-39E, 145-40E, 145-41E, 145-42E and 145-43E. [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.
§ 145-26. Excavation.
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.
§ 145-27. Tree preservation.
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.
§ 145-28. Performance standards.
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.
§ 145-29. Maintenance of lot.
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.
§ 145-30. Commercial storage.
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.
§ 145-31. Refuse disposal.
All garbage and rubbish must be stored in containers which are out of public view, verminproof and cannot be opened by children or dogs.
§ 145-32. Where coin machines or facilities not considered commercial activity.
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.
§ 145-32.5 Storage of Salt and Unregulated Chemicals and Chemical Products [Added 8-18-1997 by L.L. No. 2-1997]
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:
ARTICLE IV
District Regulations
§ 145-33. Districts enumerated.
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:
L.L. No. 15-1993; 10-16-2000 by L.L. No. 5-2000; and 12-6-2000 by L.L. No. 6-2000]
LDR Low-Density Residential
MDR Medium-Density Residential
HDR High-Density Residential
CLT Commercial Low Traffic
CHT Commercial High Traffic
BTD Business and Technology
RSH Research
HHS Human Health Services
B. Combining districts. These districts combine with the underlying basic district to provide additional regulations in areas where specific local conditions or concerns warrant it.
FHC Flood Hazard Combining District (in accordance with the National Flood Insurance Act of 1968)
CC Conservation Combining District (in accordance with § 8-0113 of the New York Environmental Conservation Law)
AC Airport Combining District (in accordance with Article 7 of the Village Law)
FCMC Farm and Craft Market Combining District
C. Planned development area. A planned development area is mapped only when a developer petitions for it. It replaces the provisions of the basic district where it is located in accordance with the planned development area procedure set forth in Appendix A.
§ 145-34. Zoning Map.
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.
§ 145-35. Interpretation of Zoning Map boundaries.
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:
A. Boundary lines are intended to follow center lines of streams, streets and road lines as shown on plots of record at the time this chapter becomes effective.
B. Where the map indicates a boundary approximately upon a lot line, such lot line must be construed to be said boundary.
C. Where boundaries are shown approximately parallel to a street, highway, railroad, stream or lakeshore, such boundaries are to be construed to be parallel to the center line of the street, highway or railroad or parallel to the thread of the stream or parallel to the lakeshore and at such distance from the right-of-way as indicated on the map. If no dimension is specified on the map, the boundary is to be determined by use of the graphic scale on the map.
D. Where boundaries divide a lot, location of any such boundaries is to be determined by the use of the scale appearing on the map.
§ 145-36. Purpose of district regulations.
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.
§ 145-37. Environmental review.
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.
§ 145-38. Assumed prohibition of uses.
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.
§ 145-39. Low-Density Residential District (LDR).
A. Intent. The legislative intent of this section is to define and establish standard regulations for the Village in areas where public utilities are limited and where low-density, predominantly single-family residential development and agriculture are desired as the basic land use pattern.
B. Permitted uses. Permitted uses shall be as follows:
(1) Utility service, underground.
(2) Natural parks.
(3) One-unit residential building.
(4) Two-unit residential building.
(5) Alteration to Building or Improved Site or Change in Use that Does Not
Result in Change in Applicable Parking Space Requirements [Added
10-16-2000 by L.L. No. 5-2000]
C. Permitted uses with additional conditions. Permitted uses with additional conditions shall be as follows: [Amended 3-1-1999 by L.L. No. 3-1999]
(1) None [Amended 10-16-2000 by L.L. No. 5-2000]
D. Permitted with Special Permit. Uses permitted with a Special Permit shall be as follows:
(1) General conditions.
(a) Utility transmission/storage/plants.
(b) Religious facility.
(c) Schools.
(d) Outdoor recreation/club.
(e) Alteration to Building or improved Site or Change in Use that
Results in Change in Applicable Parking Space Requirements
[Added 10-16-00 by L.L. No. 5-2000]
(2) General and additional conditions. [Amended 3-6-1995 by L.L. No.
1-1995; 3-1-1999 by L.L. No. 3-1999]
(b) Mobile home.
(c) Cluster housing.
E. Dimensions: lot, yard, building and parking requirements. Lot, yard, building and parking requirements shall be as follows:
(1) Minimum lot size.
(a) Sewered areas.
[1] One-unit residential buildings: thirty thousand (30,000) square feet.
[2] Two-unit residential buildings: forty thousand (40,000) square feet.
[3] All other uses: thirty thousand (30,000) square feet.
(b) Non-sewered areas.
[1] One-unit residential buildings: sixty thousand (60,000) square feet.
[2] Two-unit residential buildings: ninety thousand (90,000) square feet.
[3] All other uses: sixty thousand (60,000) square feet.
(2) Maximum lot coverage.
(a) Sewered and non-sewered areas, all uses: ten percent (10%).
(3) Minimum street frontage.
(a) Sewered and non-sewered areas.
[1] One-unit residential buildings: one hundred fifty (150) feet.
[2] Two-unit residential buildings: two hundred (200) feet.
[3] All other uses: one hundred fifty (150) feet.
(4) Front yard setback minimum.
(a) Sewered and non-sewered areas.
[1] One-unit and two-unit residential buildings: forty (40) feet.
[2] All other uses: seventy-five (75) feet.
(5) Side yard setback minimum.
(a) Sewered and non-sewered areas.
[1] All principal uses: twenty-five (25) feet.
[2] All accessory buildings: fifteen (15) feet.
(6) Rear yard setback minimum.
(a) Sewered areas.
[1] All principal uses: forty (40) feet.
[2] All accessory buildings for one-unit and two-unit residential buildings: twenty (20) feet.
[3] All other accessory buildings: twenty-five (25) feet.
(b) Non-sewered areas.
[1] All principal uses: forty (40) feet.
[2] All accessory buildings: twenty-five (25) feet.
(7) Parking setback standards.
(a) Sewered areas.
[1] Front yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
[2] Side yard, all uses: fifteen (15) feet.
[3] Rear yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
(b) Non-sewered areas.
[1] Front yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
[2] Side yard, all uses: fifteen (15) feet.
[3] Rear yard, all uses: twenty-five (25) feet.
(8) Building height maximum.
(a) Sewered and non-sewered areas.
[1] All principal uses: thirty-five (35) feet.
[2] All accessory buildings: fifteen (15) feet.
(9) Parking requirements.
(a) Sewered and non-sewered areas.
[1] One-unit and two-unit residential uses: two (2) spaces per dwelling unit.
[2] All other uses: refer to the specifications in Article V.
§ 145-39.1 Shannon Park Planned Development Area [Added 1-18-1999 by L.L. No. 1-1999]
Result in Change in Applicable Parking Space Requirements
[Added 10-16-00 by L.L. No. 5-2000]
Results in Change in Applicable Parking Space Requirements
[Added 10-16-00 by L.L. No. 5-2000]
[1] One- and Two-Unit Residential – 20 feet
[2] All Other Accessory Buildings – 25 feet
[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
[1] Front Yard: One- and Two-Unit Residential – 20 feet
All Other Uses 25 feet
[2] Side Yard: All Uses – 15 feet
[3] Rear Yard: All Uses – 25 feet
§ 145-40. Medium-Density Residential District (MDR).
A. Intent. The legislative intent of this section is to define and establish standard regulations for the Village where moderately dense residential development can be supported by the road system, the topography, public water and sewer facilities and where such development is the desired predominant land use.
B. Permitted uses. Permitted uses shall be as follows:
(1) Utility service underground.
(2) Natural parks.
(3) One-unit residential building.
(4) Two-unit residential building.
(5) Alteration to Building or Improved Site or Change in Use that Does Not
Result in Change in Applicable Parking Space Requirements [Added
10-16-2000 by L.L. No. 5-2000]
C. Permitted uses with additional conditions. Uses permitted with additional conditions shall be as follows: [Amended 3-1-1999 by L.L. No. 3-1999]
(1) None [Amended 10-16-2000 by L.L. No. 5-2000]
D. [Amended 12-9-1988 by L.L. No. 7-1988; 12-15-1993 by L.L. No. 16-1993] Permitted with Special Permit. Uses permitted with a Special Permit are as follows:
(1) General conditions.
(a) Utility transmission/storage/plants.
(b) Religious facility.
(c) Schools.
(d) Outdoor recreation/club.
(e) Alteration to Building or improved Site or Change in Use that
Results in Change in Applicable Parking Space Requirements
[Added 10-16-00 by L.L. No. 5-2000]
(2) General and additional conditions. [Amended 3-6-1995 by L.L. No. 1-1995; 3-1-1999 by L.L. No. 3-1999]
E. Dimensions: lot, yard, building and parking requirements. Lot, yard, building and parking requirements shall as follows:
(1) Minimum lot size.
(a) Sewered areas.
[1] One-unit residential buildings: twenty thousand (20,000) square feet.
[2] Two-unit residential buildings: twenty-five thousand (25,000) square feet.
[3] All other uses: twenty thousand (20,000) square feet.
(b) Non-sewered areas.
[1] One-unit residential buildings: sixty thousand (60,000) square feet.
[2] Two-unit residential buildings: ninety thousand (90,000) square feet.
[3] All other uses: sixty thousand (60,000) square feet.
(2) Maximum lot coverage.
(a) Sewered areas, all uses: fifteen percent (15%).
(b) Non-sewered areas, all uses: ten percent (10%).
(3) Minimum street frontage.
(a) Sewered areas.
[1] One-unit residential buildings: one hundred (100) feet.
[2] Two-unit residential buildings: one hundred twenty-five (125) feet.
[3] All other uses: one hundred (100) feet.
(b) Non-sewered areas.
[1] One-unit residential buildings: one hundred fifty (150) feet.
[2] Two-unit residential buildings: two hundred (200) feet.
[3] All other uses: one hundred fifty (150) feet.
(4) Front yard setback minimum.
(a) Sewered and non-sewered areas.
[1] One-unit and two-unit residential buildings: forty (40) feet.
[2] All other uses: seventy-five (75) feet.
(5) Side yard setback minimum.
(a) Sewered areas.
[1] One-unit and two-unit residential building principal uses: twenty (20) feet
[2] Accessory buildings: ten (10) feet.
[3] All other principal uses: twenty-five (25) feet.
[4] All other accessory buildings: fifteen (15) feet.
(b) Non-sewered areas.
[1] All principal uses: twenty-five (25) feet.
[2] All accessory buildings: fifteen (15) feet.
(6) Rear yard setback minimum.
(a) Sewered areas.
[1] All principal uses: forty (40) feet.
[2] All accessory buildings for one-unit and two-unit residential buildings: twenty (20) feet.
[3] All other accessory buildings: twenty-five (25) feet.
(b) Non-sewered areas.
[1] All principal uses: forty (40) feet.
[2] All accessory buildings: twenty-five (25) feet.
(7) Parking setback standards.
(a) Sewered areas.
[1] Front yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
[2] Side yard.
[a] One-unit and two-unit residential uses: ten (10) feet.
[b] All other uses: fifteen (15) feet.
[3] Rear yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
(b) Non-sewered areas.
[1] Front yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
[2] Side yard, all uses: fifteen (15) feet.
[3] Rear yard, all uses: twenty-five (25) feet.
(8) Building height maximum.
(a) Sewered and non-sewered areas.
[1] All principal uses: thirty-five (35) feet.
[2] All accessory buildings: fifteen (15) feet.
(9) Parking requirements.
(a) Sewered and non-sewered areas.
[1] One-unit and two-unit residential uses: two (2) spaces per dwelling unit.
[2] All other uses: refer to the specifications in Article V.
§ 145-41. High-Density Residential District (HDR).
A. Intent. The legislative intent of this section is to define and establish standard regulations for the Village where predominantly residential development is the desired land use; where high-density development is the most efficient use of land areas which are adjacent to major highways and shopping facilities and which are served by public utility systems.
B. Permitted uses. Permitted uses shall be as follows:
(1) Utility service underground.
(2) Natural parks.
(3) One-unit residential building.
(4) Two-unit residential building.
(5) Multiunit residential building (only in sewered areas).
(6) Alteration to Building or Improved Site or Change in Use that Does Not
Result in Change in Applicable Parking Space Requirements [Added
10-16-2000 by L.L. No. 5-2000]
C. Permitted uses with additional conditions. Uses permitted with additional conditions shall be as follows: [Amended 3-1-1999 by L.L. No. 3-1999]
(1) None [Amended 10-16-00 by L.L. No. 5-2000]
D. Permitted with Special Permit. Uses permitted with a Special Permit shall be as follows:
(1) General conditions.
(a) Utility transmission/storage/plants.
(b) Religious facility.
(c) Schools.
(d) Group residential building.
(e) Outdoor recreation/club.
(f) Indoor recreation/club.
(g) Government buildings.
(h) Museums/public buildings.
(i) Undertaking.
Results in Change in Applicable Parking Space Requirements
[Added 10-16-00 by L.L. No. 5-2000]
(2) General and additional conditions. [Amended 3-6-1995 by L.L. No. 1-1995; 3-1-1999 by L.L. No. 3-1999]
E. Dimensions: lot, yard, building and parking requirements. Lot, yard, building and parking requirements shall be as follows:
(1) Minimum lot size:
(a) Sewered areas:
[1] One-unit residential buildings: twelve thousand (12,000) square feet.
[2] Two-unit residential buildings: fifteen thousand (15,000) square feet.
[3] Multiunit residential buildings: six thousand (6,000) square feet per dwelling unit.
[4] All other uses: twelve thousand (12,000) square feet.
(b) Non-sewered areas:
[1] One-unit residential buildings: sixty thousand (60,000) square feet.
[2] Two-unit residential buildings: ninety thousand (90,000) square feet.
[3] All other uses: sixty thousand (60,000) square feet.
(2) Maximum lot coverage.
(a) Sewered areas, all uses: twenty percent (20%).
(b) Non-sewered areas, all uses: ten percent (10%).
(3) Minimum street frontage.
(a) Sewered areas.
[1] One-unit residential buildings: one hundred (100) feet.
[2] Two-unit residential buildings: one hundred twenty-five (125) feet.
[3] Multiunit residential buildings: one hundred fifty (150) feet.
[4] All other uses: one hundred (100) feet.
(b) Non-sewered areas.
[1] One-unit residential buildings: one hundred fifty (150) feet.
[2] Two-unit residential buildings: two hundred (200) feet.
[3] All other uses: one hundred fifty (150) feet.
(4) Front yard setback minimum.
(a) Sewered and non-sewered areas.
[1] One-unit and two-unit residential buildings: forty (40) feet.
[2] All other uses: seventy-five (75) feet.
(b) 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 the 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) Sewered areas.
[1] One-unit and two-unit residential buildings:
[a] Principal uses: twenty (20) feet.
[b] Accessory buildings: ten (10) feet.
[2] Multiunit residential buildings:
[a] Principal uses and accessory buildings: fifty (50) feet.
[b] All other principal uses: twenty-five (25) feet.
[3] All other accessory buildings: fifteen (15) feet.
(b) Non-sewered areas.
[1] All principal uses: twenty-five (25) feet.
[2] All accessory buildings: fifteen (15) feet.
(6) Rear yard setback minimum.
(a) Sewered areas.
[1] One-unit and two-unit residential buildings:
[a] Principal uses: twenty (20) feet.
[b] Accessory buildings: ten (10) feet.
[2] Multiunit residential buildings, principal uses and accessory buildings: fifty (50) feet.
[3] All other principal uses: forty (40) feet.
[4] All other accessory buildings: twenty-five (25) feet.
(b) Non-sewered areas:
[1] All principal uses: forty (40) feet.
[2] All accessory buildings: twenty-five (25) feet.
(7) Parking setback standards.
(a) Sewered areas.
[1] Front yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
[2] Side yard.
[a] One-unit and two-unit residential uses: ten (10) feet.
[b] All other uses: twenty-five (25) feet.
[3] Rear yard.
[a] One-unit and two-unit residential uses: ten (10) feet.
[b] All other uses: twenty-five (25) feet.
(b) Non-sewered areas.
[1] Front yard.
[a] One-unit and two-unit residential uses: twenty (20) feet.
[b] All other uses: twenty-five (25) feet.
[2] Side yard, all uses: fifteen (15) feet.
[3] Rear yard, all uses: twenty-five (25) feet.
Notwithstanding the foregoing parking 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 parking 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]
(8) Building height maximum:
(a) Sewered and non-sewered areas:
[1] All principal uses: thirty-five (35) feet.
[2] All accessory buildings: fifteen (15) feet.
(9) Parking requirements.
(a) Sewered and non-sewered areas.
[1] One-unit, two-unit and multiunit residential uses: two (2) spaces per dwelling unit.
[2] All other uses: refer to the specifications in Article V.
§ 145-42. Commercial Low Traffic District (CLT).
A. Intent. The legislative intent of this section is to define and establish standard regulations for the Village where service facilities are the desired land use; where public utilities to serve such facilities are available; and where areas that border on residential areas or do not have an adequate road system to handle large volumes of vehicular traffic are reserved for low traffic uses, thereby preserving the residential environment of the surrounding areas.
B. Permitted uses. Permitted uses shall be as follows:
(1) Utility service underground.
(2) Natural parks.
(3) One-unit residential building.
(4) Two-unit residential building.
(5) Multiunit residential building.
(6) Alteration to Building or Improved Site or Change in Use that Does Not
Result in Change in Applicable Parking Space Requirements [Added
10-16-2000 by L.L. No. 5-2000]
C. Permitted uses with additional conditions. Uses permitted with additional conditions shall be as follows: [Amended 3-1-1999 by L.L. No. 3-1999]
(1) Temporary commercial activities.
D. Permitted with Special Permit. Uses permitted with a Special Permit shall be as follows:
(1) General conditions.
(a) Utility transmission/storage/plants.
(b) Religious facility.
(c) Schools.
(d) Group residential building.
(e) Outdoor recreation/club.
(f) Indoor recreation/club.
(g) Office/studio/service.
(h) Government buildings.
(i) Museums/public buildings.
(j) Undertaking.
(k) Hospital/clinic.
(l) Construction sales/storage.
(m) Alteration to Building or improved Site or Change in Use that
Results in Change in Applicable Parking Space Requirements
[Added 10-16-00 by L.L. No. 5-2000]
(2) General and additional conditions. [Amended 6-6-1989 by L.L. No. 5-1989; 1-9-1990 by L.L. No. 1-1990; 8-3-1998 by L.L. No. 6-1998, 3-1-1999 by L.L. No. 3-1999]
(a) One-unit residence converted.
(b) Home occupation.
E. Dimensions: lot, yard, building and parking requirements. Lot, yard, building and parking requirements shall be as follows:
(1) Minimum lot size.
(a) Single use or tenant: ten thousand (10,000) square feet.
(b) Multiple uses or tenants: six thousand (6,000) square feet each use or tenant.
(2) Maximum lot coverage: none, except what is required by minimum street frontage, front, side and rear yard setbacks and by front, side and rear parking requirements.
(3) Minimum street frontage.
(a) Single use or tenant: one hundred (100) feet.
(4) Front yard setback minimum, all uses: seventy-five (75) feet.
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.
Notwithstanding the foregoing parking 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 parking 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]
(8) Building height maximum.
(a) All principal uses: thirty-five (35) feet.
(b) All accessory buildings: fifteen (15) feet.
(9) Parking requirements: see Article V.
(10) Buffer strip width: seventy-five (75) feet; see § 145-24.
F. [Added 11-6-1990 by L.L. No. 11-1990] Non-sewered areas. In every case where a lot is not provided with disposal of sanitary wastes by means of public sewer, use of such lot shall, in addition to all other requirements under this chapter (including but not limited to the dimensions requirements set forth in § 145-44E and the requirements of § 145-57B), be subject to the following additional provisions and requirements:
(1) Any private sewage disposal system installed or to be installed on such lot shall meet in all respects the following minimum separation distances:
|
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.
(2) A second area on such lot shall be reserved for installation of a replacement private sewage disposal system, such reserved area to meet all of the minimum separation distances set forth in Subsection F(1) above. Until such time as such lot is served by a public sewer, such reserved area shall remain unused for any purpose other than the installation of a replacement private sewage disposal system.
(3) Any and all areas used or intended to be used for installation of a private sewage disposal system and/or replacement private sewage disposal system shall be located on such lot so that each such area used or intended to be used for installation of a private sewage disposal system complies with any and all minimum setback requirements set forth in Subsection E above.
(4) Until such time as such lot is served a by public sewer, any and all areas used or intended to be used for installation of a private sewage disposal system and/or replacement private sewage disposal system shall be used solely for such purpose and all other uses (including but not limited to parking) shall be prohibited.
(5) Installation of any private sewage disposal system (on the primary site on such lot and/or on the reserved site for a replacement system) shall require a Special Permit therefor under § 145-59, the issuance thereof being subject to the general conditions set forth in § 145-59E. For the purposes of determining compliance with § 145-59E(6) (water and sewerage or waste disposal facilities are adequate), the applicant shall submit as part of his, her or its application projected flow rates for the proposed private sewage disposal system. The Planning Board shall determine the compliance of such proposed private sewage disposal system with the requirements of § 145-59E(6) in accordance with generally accepted and established standards, including but not limited to the standards set forth in the following manuals and/or any other available manuals and reference materials:
(a) New York State Department of Health Manual; Waste Treatment Handbook, Individual Household Systems.
(b) New York State Environmental Conservation Publication - Standards for Waste Treatment Works - Institutional and Commercial Sewage Facilities.
G. [Added 11-6-1990 by L.L. No. 11-1990] In each case that a lot in a commercial low traffic district is developed in accordance with the provisions of Subsection F above, the following additional requirements shall apply to the development of such lot:
(1) The owner of the lot shall provide a complete, fully-operable sewer system serving the building(s) constructed on such lot, in accordance with all applicable laws, regulations and ordinances, which shall originate at said building(s) and terminate at a point not greater than one (1) foot from the point on the public sewer main line, or the main line intended to be a public sewer main line, to which said sewer system would be connected if a sewer permit were currently available. This sewer system shall meet all legally-required standards of design and construction which would apply if such sewer system were, upon installation, to satisfy all sewerage disposal requirements for the subject lot as