This chapter shall be known and cited as the "Town of Lansing
Land Use Ordinance" or herein as "this chapter."
The purposes of this chapter are:
A.
To promote
the health, safety and general welfare of the community;
B.
To reduce
congestion on streets and highways and prevent the overcrowding of
land;
C.
To avoid
undue concentration of population;
D.
To facilitate
the adequate provision of transportation, water, sewage disposal,
schools, parks and other public services;
E.
To conserve
the value of property; and
F.
To establish
zones wherein regulations concerning the use of land and structures,
the density of development, the amount of open space that must be
maintained, the minimum size of yards, the provision of parking, the
control of signs, and other provisions will be set forth to encourage
the most appropriate development of the Town in accordance with the
principles and objectives of the Town's Comprehensive Plan.
Certain words and terms used in this chapter shall be as defined and interpreted in this § 270-3. The word "shall" is mandatory; the word "may" is permissive. Words used in the present tense shall include the future tense.
Opportunities for young people desiring agricultural experience
available through participation in a recognized educational program.
A structure incidental and subordinate to a principal building
or use in terms of area and function on the same lot, and used for
purposes that are customarily found in association with those of the
principal use.[1]
[Added 7-15-2020 by L.L.
No. 3-2020]
A formal request to the Zoning Board of Appeals for a review
of the Code Enforcement Officer's interpretation of any provision
of this chapter or a request for a variance.
A property owner, an entity or individual holding an option
or contract to purchase a property, or any other affiliate or operator
authorized in writing to act for such persons, who submits an application
under the provisions of this Code.
[Added 7-15-2020 by L.L.
No. 3-2020]
A building or space to host small gatherings, special events,
weddings, parties, retirement ceremonies, etc.
That portion of a building that is partly or completely below
grade. (See "story above grade.")
A rechargeable or other energy storage system consisting
of electrochemical or other types of storage or cyclable batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment designed to provide electrical power to a building
or other structure or facility.[2]
[Added 7-15-2020 by L.L.
No. 3-2020]
A structure at the edge of a river or lake; used to store
boats.
A strip of land, generally adjacent to a property line, upon
which a screen of plantings dense enough and high enough to be a visual
buffer between properties is installed and maintained by the landowner.
(See "landscaping or landscaped.")
Any structure where space is covered or enclosed.
The total area, as measured on a horizontal plane at the
main grade level, of the principal building and all accessory buildings,
but excluding uncovered porches, terraces, steps and paved areas.
New York State Uniform Fire Protection and Building Code.
The vertical distance from finished grade to the highest
point on a flat or mansard roof and to the average height of a pitched,
gabled, hip or gambrel roof. On a hillside lot, finished grade should
be considered as the average finished grade on the uphill side of
the structure.
[Amended 3-22-2017 by L.L. No. 2-2017]
Such definition shall not apply to cellular and communications
towers, which heights shall be computed per the Town's applicable
Cellular Tower or Communications Tower Local Law(s).[3] Nor shall such rule apply to fences, which shall be measured
vertically from their point of connection at ground level.
Any building that has been issued a building permit, and building
plans now under review in relation to any formal review under site
planning, special permitting, zoning permits, subdivision, planned
development, or a variance review shall have the option to proceed
under the old rules or this new building height rule, but only if
the final approval or permit is issued and substantial construction
and improvements are placed in the ground on or before May 1, 2017,
after which each such permit or project shall abide by this amended
definition and its effects.
The line established by law, beyond which a building shall
not extend, except as specifically provided by law.
A building subordinate to the principal building on the same
lot and used for purposes that are clearly related but incidental
to those of the principal building.
Any construction or renovation or addition to an existing
structure, other than a repair or addition that requires a building
or other permit. Also, a change in a mechanical system that involves
an extension, addition, or change to the arrangement, type or purpose
of the original installation that requires a building or other permit.
A structure or building the size, use, dimension, or location
of which was lawful prior to adoption or amendment of this chapter,
but which fails by reason of such adoption or amendment to conform
to the present requirements of the zoning district in which the said
building is located. (See also "use, nonconforming.")
A building, including covered porches, within which is conducted
the principal use of the lot on which the building is situated. In
a residential district, any dwelling shall be deemed the principal
building for the lot on which it is situated.
A combination of photovoltaic building components integrated
into the building envelope system of any legally permitted building
or structure, such as vertical facades, skylights, roofing materials
and shading over windows.
[Added 7-15-2020 by L.L.
No. 3-2020]
A shelter on a beach or at a swimming pool used as a bathhouse.
Also, a small cabin or a hut.
A building designed for seasonal occupancy and not suitable
for year-round living, whether or not such building is actually occupied
seasonally or otherwise.
See "basement."
These zoning and land use regulations of the Town as set
forth in the Code.[4]
[Added 7-15-2020 by L.L.
No. 3-2020]
The subdivision of an area into lots that are smaller than
would normally be permitted in the district where such lots are located,
but where the density of development is no greater than would be permitted
in the district by conventional development, and where the residual
land produced by the smaller lot size is preserved and used for common
open or recreation space.
The local laws, ordinances, codes, and policy requirements
of processes, rules, and procedures of the Town of Lansing.
[Added 7-15-2020 by L.L.
No. 3-2020]
An establishment or use that provides goods, merchandise,
services or entertainment to the general public for gain.
A recreation facility operated as a business and open to
the public for a fee; includes both indoor and outdoor facilities
as listed in Schedule I[5] of this chapter.
A systematic process that provides documented confirmation
that a system functions according to the intended design criteria
and complies with applicable code requirements.
[Added 7-15-2020 by L.L.
No. 3-2020]
Any tower, pole, or other structure designed to be used for
the commercial transmission or reception of television, radio, cellular
telephone or data signals, microwave, or similar electronic impulses.
For purposes of this chapter "communication tower" does not include
amateur radio ("ham") installations.
Any residential facility operated by the state or which is
operated by a state-certified or licensed provider of services and
which is designed to assist mentally disabled individuals in the transition
from institutional to independent living in the community, to provide
a long-term supervised residence for individuals whose mental disability
is such that independent living is improbable, to provide temporary
shelter for short periods of time in order to offer an alternative
for admission to an institution, to provide a brief-stay substitute
home to mentally disabled individuals, or to allow respite or vacation
to such individuals' families or legal guardians. A community residence
shall include, but not be limited to, halfway houses and hostels.
A document showing past, present, and proposed future planning
goals and land use and traffic circulation systems, including materials,
written or graphic, that identify the goals, objectives, principles,
guidelines, policies, standards, devices and instruments for the immediate
and long-range protection, enhancement, growth, and development of
the Town of Lansing, as is from time to time updated and amended.
A building or group of buildings, in which units are owned
individually and the structure, common areas, and facilities are used
or owned by all the unit owners on a proportional or undivided basis.
This definition refers to a legal form of ownership or leasing and
not a specific building style, and may refer to residential, commercial,
or a mix of occupancies and uses.
Living arrangements designed to integrate the shelter and
service needs of persons in which residents have their own apartments,
are generally served meals in a central dining room, and where continuous
supervision of residents is not provided. However, services that help
residents maintain their independence may be provided by on-site staff
or by community providers. (See "retirement housing.") Includes all
"congregate housing" facilities as also defined by and under the Building
Code.[6]
A small commercial activity that may offer for sale convenience
goods, beverages, and sundries, including motor fuel.
A domesticated or tame animal that is customarily domiciled
and cared for in a dwelling or accessory building, or is confined
in an outdoor space on the same lot as a dwelling, which care or confinement
shall not be provided for monetary gain or as a business. Includes
only such animals as are legal to own per the laws of the State of
New York, whether by permit or otherwise. All permits must be current,
valid, and all permit conditions and related requirements must be
continuously met and adhered to.
As used in the New York Social Services Law, "day care" shall
mean the care provided for three or more children or adults away from
their own homes for less than 24 hours per day in a family home or
day-care center that is operated for such purpose, for compensation
or otherwise, for more than five hours per week. A permit or certificate,
as appropriate, is issued by the New York State Department of Social
Services to regulate this type of day care.
A systematic process for removing an abandoned battery energy
storage system and/or solar energy facility and remediating the land.
[Added 7-15-2020 by L.L.
No. 3-2020]
A fence commonly used to protect gardens, vegetation and
yards from deer and constructed so that at least 85% of its face is
open when viewed from a position that is at a right angle to the fence.
Notwithstanding the foregoing, chain-link fences shall not be considered
deer fences.
A person who, for economic or medical reasons, is dependent
on another person who is related by blood, marriage or adoption.
A man-made change to the natural condition of a site, including,
but not limited to, the addition to, or erection of, one or more structures
or buildings, grading, dredging, filling, excavating, paving, clearing
or providing a means of ingress and egress to, from, or through said
site; whether already improved or unimproved.
An establishment which, by design, physical facilities, or
packaging procedures, encourages or permits customers to receive services,
obtain goods, or be entertained while remaining in their motor vehicles.
A building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied, or that are occupied, for living purposes.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A dwelling in or adjacent to a structure which has a different
primary use.
That portion of a larger dwelling consisting of one or more
rooms, and occupied by the members of a family, which group of rooms
is separated from all other groups within the dwelling.
Self-contained, portable housing units that are designed
for temporary use by one or two occupants and are placed in the rear
or side yards of an existing one-family dwelling.
A dwelling that meets all applicable New York State building
codes and is constructed by a method or system of construction whereby
the basic structure or its components are wholly, or in a substantial
part, manufactured in a remote facility and designed to be transported
to a lot for assembly and permanent installation on a foundation.
For purposes of this chapter, a "dwelling, mobile home," as defined
below, is not a factory manufactured dwelling.
A dwelling that complies with the definitions of a manufactured
home as defined by regulations of New York State and the U.S. Department
of Housing and Urban Development.
A building or group of buildings on one lot containing three
or more dwelling units.
A building containing two or more dwelling units, each of
which has one or two sidewalls in common with sidewalls of abutting
units and are party, or lot-line, walls. Also see "dwelling, multiple-family"
for more than one building.
[Amended 7-15-2020 by L.L. No. 2-2020]
A detached building containing no more than two dwelling
units. Also see "dwelling, multiple-family" for more than one building.
See "contractor's/landscaping yard."
The radius of an area below a wind energy conversion system
tower equal to the tower height plus the height of the generator and
the attached blades plus a safety factor to allow for a clear space
below in case of tower failure, partial or full disintegration of
the tower or generating system, or the dropping of debris (such as
ice) from tower or generator. A fall zone of 120% of maximum facility
height above ground level shall be presumed to be a fall zone with
a sufficient safety factor, but each case may be viewed individually
depending on location, the nature of the facility, materials science,
and other factors relevant to such review.
[Added 7-15-2020 by L.L.
No. 3-2020]
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended 7-15-2020 by L.L. No. 2-2020]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A parcel of land that is used for the production of agricultural
products, including the necessary structures and equipment for the
operation thereof, that:
A general and/or temporary condition of partial or complete
inundation of normally dry areas from an overflow of a stream or other
body of water caused by severe storms or unusual and rapid surface
water runoff.
The highest level of flooding that, on average, is likely
to occur every 100 years, including the floodplain maps of New York
State and federal agencies that identify one-hundred-year floodplain
areas and map the same.
See "lot, width."
A carport or enclosed building for use by the inhabitants
of a dwelling.
An enclosed building for the indoor storage or repair of
motor vehicles, including painting and the sale of parts and accessories.
A junkyard or salvage yard is not to be construed as a garage.
Discarded materials generated from the activities of a household,
business, institution, or public or quasi-public facility, consisting
of:
Food wastes, including, but not limited to, kitchen and table
scraps; decaying or spoiled vegetable, fruit and animal matter; and
fallen fruit.
Any other used or discarded waste materials such as paper, plastic,
metal, rags, food wrappings and containers, sweepings, rubber, leather,
cloth, clothing, waste materials from normal maintenance and repair
activities, pasteboard, crockery, shells, dirt, ashes, wood, and glass.
Garbage does not include properly prepared and stored recyclable
materials, properly prepared and stored collectible yard waste, and
properly stored and maintained composting materials, rubble, bulk
items, industrial waste, hazardous materials, automobile or other
motor vehicles tires, or any other material that a private hauler
has specified will not be picked up at a property as part of the regular
garbage and refuse collection system or services regulated by the
State of New York and County of Tompkins, regardless of whether the
hauler is public or private.
See "motor vehicle service station."
Any building or structure in which light, temperature and
humidity can be controlled for the growing and protection of flowers
and other plants.
A solar energy system whose components are attached to a
mounting system anchored to the ground (including by static weighting)
and detached from any other structure.
[Added 7-15-2020 by L.L.
No. 3-2020]
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.[7]
Any scrap, wastepaper, rags, scrap metal, white goods, junked
vehicles and boats or parts therefrom, reclaimable material or debris,
whether or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition.
A lot or building, or part thereof, used for the collecting,
storage or sale of junk as defined above or similar discarded or waste
material; or for the collecting, dismantling, storage or salvaging
of machinery or vehicles not licensed and not in running condition,
or for the sale or storage of parts thereof. Includes an auto salvage
yard.
Any use involving hatching, feeding, caretaking or otherwise
keeping chickens for the exclusive, noncommercial use of the owner
or occupant of the premises on which such chickens are located and
not kept as part of a farm.[8]
A building or group of buildings within which are located
facilities for research, investigation, testing or experimentation,
but not facilities for manufacturing or selling of products except
as may be necessary for prototype development or as incidental to
the main purpose of the laboratory.
Any action that occurs on land or in a structure that affects
the use or appearance of said land or structure or the intensity of
use of said land or structure. Includes, but is not limited to, new
structures, expansions of existing structures, new uses, changes in
or expansion of existing uses, the deposits of more than 500 cubic
yards of material, and excavations for the purpose of commercial extraction
of soil, gravel or mineral deposits.
The use of lawns, trees, plants, or other natural or decorative
features, usually with an intent to create a finished or stylized
look for a yard or other area, including for buffering or decoration.
See "contractor's/landscaping yard."
Battery energy storage systems with an aggregate energy nameplate
capacity greater than or equal to 280 kWh.
[Added 7-15-2020 by L.L.
No. 3-2020]
Space within a dwelling unit utilized for living, sleeping,
eating, cooking, bathing, washing and sanitation purposes.
Any parcel, plot, site, or tract of land separated from other
parcels, plots, sites, or tracts by description, such as upon subdivision
maps, assessment records, survey maps, or deed or land descriptions,
for the purposes of demarking ownership, boundaries, or identifying
land for sale, lease, or any separate use.
The total area within the property lines of a lot, exclusive
of streets, rights-of-way, and other public open space.
That percentage of a lot actually covered by the ground level
area of a building excluding terraces, decks and porches that are
not enclosed or covered by a roof.
The ground-level distance from the road line of the lot to
its opposite, or rear, line as measured along the approximate median
between the two side lot lines.
A line of record bounding a lot which divides one lot from
another or from a public or private road or other public space.
The line of a lot corresponding with, or approximately parallel
with and nearest to, the road on which the lot faces, as determined
by the Town assessment roll. Notwithstanding the above, the front
lot line of lake-shore property on Cayuga Lake shall be upon the shoreline
of said property.
A lot or parcel of land abutting on two or more roads at
their intersection, or on two sections of the same road.
A lot that meets, as a minimum, the area requirements of
this chapter which is connected to a public road right-of-way by a
strip of land at least 20 feet wide and containing a private access
drive. (See illustration at the end of these definitions.) Generally
called a "flag lot" as the shape is often like a flagpole with flag,
with the main lot being the "flag" and the connection to a street
or accessway being the "flagpole."
A lot other than a corner lot.
A lot of record, existing on the date of adoption or amendment
of this chapter, which does not meet the minimum area or dimensional
requirements of the zoning district in which such lot is located or
for the land use which is proposed.
The horizontal distance between side lot lines, measured
approximately parallel to the front lot line at a distance determined
by the front yard setback requirement as set forth in Schedule II[9] of this chapter.
An establishment, the principal use of which is manufacturing,
fabricating, processing, assembly, repairing, storing, cleaning, servicing
or testing of materials, goods or products.
A structure transportable in one or more sections that, in
the traveling mode, is eight feet (2,438 mm) or more in width or 40
feet (12,192 mm) or more in length or, when erected on site, is 320
square feet (29.7 m2) minimum, and that
was built on or after June 15, 1976, on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to the required utilities and includes the plumbing, heating,
air-conditioning, and electrical systems contained therein. The term
"mobile home" shall include a manufactured home and any structure
that meets all the requirements of this definition, except the size
requirements, and with respect to which the manufacturer voluntarily
files a certification required by the federal Department of Housing
and Urban Development and complies with the standards established
under the National Manufactured Housing Construction and Safety Standards
Act of 1974, as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle.
A parcel of land which is designed and improved in compliance
with Lansing mobile home park regulations for the placement of three
or more mobile homes for nontransient use.
A commercial facility designed to be used by transients for
overnight or short-stay habitation, where access to individual rooms
is by a common corridor or outside entrance and where off-street parking
facilitates baggage handling by guests.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuels, and oil and
other lubricating substances, and which may include the sale of motor
vehicle accessories, the provision of NYS inspection services, and
facilities for washing, lubricating or otherwise servicing motor vehicles,
but not including the painting thereof, body and fender work, or the
dismantling, repair, or replacing of engines, vehicle frames, or interiors.
The maximum rated output of the electric power production
of the solar photovoltaic system or wind energy conversion system
in alternating current (AC).
[Added 7-15-2020 by L.L.
No. 3-2020]
See "lot, nonconforming" or "use, nonconforming."
Any residence or building or structure expected or intended
for human occupation or use, including as a workplace, where the owner
of such residence, building, or structure has not agreed in writing
with the owner or operator of an alternative energy facility to allow
certain uses to be sited adjacent to or in proximity to such non-participating
structure, such as a lease, license, or easement allowing a tower
fall zone to overlay their residence, building, or structure, or granting
access to wind, light or air, or waiving any noise, setback, or zoning
requirements.
[Added 7-15-2020 by L.L.
No. 3-2020]
A wind energy conversion system that is not based upon or
located upon a tower, such as rooftop horizontal turbines, vertical
flute or "candy cane" poles under 30 feet tall, or wind trees.
[Added 7-15-2020 by L.L.
No. 3-2020]
An activity designed to provide daytime care or instruction
for five or more children from two to five years of age, which is
operated on a regular basis.
Any licensed establishment where persons are lodged and furnished
with meals and nursing and/or custodial care, for gain or as a not-for-profit
operation.
Occupancy of a structure, building or space for a total or
cumulative period that does not exceed six months in any calendar
year.
The holding of any material in such a way that the material
is uncovered or exposed to the elements of nature.[10]
An area for the temporary storage and parking of motor vehicles
and which has at least nine feet of width, 18 feet of length and seven
feet of clear height, together with adequate provision for maneuvering
and access thereto.
Any residence or building or structure expected or intended
for human occupation or use, including as a workplace, where the owner
of such residence, building, or structure has agreed in writing with
the owner or operator of an alternative energy facility to allow certain
uses to be sited adjacent to or in proximity, such as a lease, license,
or easement allowing a tower fall zone to overlay their residence,
building, or structure, or granting access to wind, light or air,
or waiving any noise, setback, or zoning requirements.
[Added 7-15-2020 by L.L.
No. 3-2020]
A parcel of at least five acres in area, in one ownership, designed as a single unit providing a street system and water and sewer facilities as necessary, and used primarily for residential purposes but may also be used for special commercial or industrial development or a combination of residential types and commercial or industrial development. (See § 270-32.)[11]
Capable of satisfying the overall project purposes, after
taking into consideration cost, time, technology and logistics.
[Added 7-15-2020 by L.L.
No. 3-2020]
The office of a member of a recognized profession (a vocation
requiring specialized knowledge of some aspect of learning, science,
or art) and maintained for the conduct of that profession.
A sewerage system owned and operated by a public agency,
and providing for the collection and treatment of liquid wastes. For
purposes of determining minimum lot size under this chapter, the Zoning
Board of Appeals may, upon appeal, declare a privately owned sewerage
system to be the equivalent of a public sewer if said private system
is approved by the NYS Department of Environmental Conservation and
the County Health Department.[12]
Self-contained housing development designed for, and marketed
to, elderly people, which may or may not provide minimal services.
The total width of any land reserved or dedicated as a thoroughfare,
alley, pedestrian or bicycle way, railway, waterway, or utility line.
[Added 7-15-2020 by L.L.
No. 3-2020]
A vehicular way used to provide access to two or more residences owned by unrelated parties and meeting the provisions of § 270-30 of this chapter.
The line that is the common boundary line between the lot
and a road, street or highway right-of-way.[13]
Dwelling or that part of a dwelling in which rooming units
are offered for gain. A tourist home. Includes rooming houses, boardinghouses,
and similar structures as defined in the Building Code.
A room or rooms, located in a dwelling, and used to provide
private living and sleeping quarters but without cooking facilities
available to, or being part of, the rooming unit.
Any building or part thereof, designed, constructed and used
for general education purposes under the supervision of the State
of New York or a lawfully constituted ecclesiastical governing body,
or a corporation or entity meeting applicable educational or school
requirements of the State of New York. In the event the school is
part of a religious institution or relates to the exercise of practice
of any religion, then and in such event the rights and privileges
afforded religious institutions and persons as codified in federal
law, and related regulations and state laws, by the Religious Land
Use and Institutionalized Persons Act (and, if applicable, the Religious
Freedom Restoration Act of 1993) shall be applied to any such proposed
land use.
A use or activity that is carried on for only part of the
year, usually six months or less. If a structure is involved, such
structure would lack one or more of the basic amenities or utilities
required for all-year or all-weather occupancy.
Up to six unrelated individuals occupying and sharing a one-family
dwelling.
A plan for the proposed development or use of a single parcel of land that is prepared and presented for site plan review pursuant to applicable provisions of § 270-27 of this chapter.
Battery energy storage systems with an aggregate energy nameplate
capacity less than 280 kWh.
[Added 7-15-2020 by L.L.
No. 3-2020]
A building-mounted solar energy system whose photovoltaic
components occupy an area greater than 150 square feet on any code-compliant
structure, or a ground-mounted solar energy system whose components
cover a land area less than 10,000 square feet and whose energy output
is primarily for on-site consumption. Small-scale solar energy systems
may generate energy in excess of the energy requirements of a property
if it is to be sold back to a public utility or placed on or delivered
to the local or regional electrical grid.
[Added 7-15-2020 by L.L.
No. 3-2020]
Ground-mounted or freestanding (racking or ballasts) solar
collection devices, solar energy system related equipment, and other
associated infrastructure whose components cover a land area greater
than 10,000 square feet. The primary intention of a solar energy facility
is the generation of electricity or other conversion of solar energy
to a different form of energy for commercial or off-site sale to a
public utility, off-site users, or for placement on or delivery to
the local or regional electrical grid.
[Added 7-15-2020 by L.L.
No. 3-2020]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
An energy system that consists of one or more solar energy
collection devices, solar-energy-related balance of system equipment,
and other associated infrastructure with the primary intention of
generating electricity, storing electricity, or otherwise converting
solar energy to a different form of energy.
[Added 7-15-2020 by L.L.
No. 3-2020]
A solar energy system used to generate heated liquid from
sunlight for transfer to potable water, a process liquid, or to a
hydronic heating system using a collector and a transfer liquid, or
an alternative solar energy system used to generate heated air from
sunlight to heat spaces through passive convection or active fan-driven
means using a collector. This includes so-called "passive" thermal
systems using or creating heated water for swimming pools and residential
uses.
[Added 7-15-2020 by L.L.
No. 3-2020]
A permit from the appropriate Town agency, as specified in
this chapter, authorizing certain uses listed in Schedule I[15] herein and subject to conditions to ensure that such uses will be in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met. Such special use permit shall be authorized in accordance with the provisions and standards set forth in Article VI of this chapter.
A facility in which horses are boarded or trained for a fee
or are kept and made available for hire, sale, or other type of remunerative
activity.[16]
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
Any change or alteration in the supporting structure of a
building; any enlargement of a building or moving of a building from
one location to another.
See "rooming house."[17]
A structure not intended for human habitation upon which
wind energy conversion system equipment is designed to be located.
It includes, without limit, freestanding towers, lattice towers, guyed
towers, monopoles and other similar structures which may employ camouflage
technology.
[Added 7-15-2020 by L.L.
No. 3-2020]
A vehicle specifically designed to be driven or towed and
used as a temporary dwelling for travel, recreation and vacation use.
See "land use activity."
A use that is incidental and subordinate to the principal
use, located on the same lot therewith, and does not dominate in area,
extent, use, or purpose the principal use of the said lot.
An established use of a building, structure, or land lawfully
existing at the time of adoption or amendment of this chapter that
does not conform with this chapter as so adopted or amended. (See
also "lot, nonconforming" and "building, nonconforming."[18]
Written authority to deviate from any of the regulations
of this chapter as granted by the Zoning Board of Appeals in accordance
with applicable provisions of this chapter and New York State law.
Authorization by the Zoning Board of Appeals to use land
in a manner that would not otherwise be allowed due to dimensional
or physical requirements and regulations set forth in Schedule II[19] and elsewhere in this chapter.
Authorization by the Zoning Board of Appeals for the use
of land or a building for a purpose that is otherwise not permitted
by Schedule I[20] or other applicable regulations of this chapter.
Any building or portion thereof used primarily for the repair
or painting of motor vehicle bodies, frames, and interiors, whether
or not such activity also includes motor service or repair or the
sale of motor vehicle fuel and fluids.
The level which is equaled or exceeded a stated percentage
of time. An L10 classification means that a certain amount of dBA
("X" dBA), in any given hour of the day, can be equaled or exceeded
only 10% of the time, or for six minutes. (Thus, for illustrative
purposes, an L50 classification would mean that X dBA can be exceeded
for no more than 30 minutes of any hour in any day.) The measurement
of the sound pressure level shall be done according to the International
Standard for Acoustic Noise Measurement Techniques for Wind Generators
(IEC 61400-11), or other accepted procedures. Unless otherwise described
herein, WECS operational sound pressure level restrictions shall mean
the cumulative existing ambient sound pressure level (as defined herein)
plus the sound generated by the WECS.
[Added 7-15-2020 by L.L.
No. 3-2020]
A wind energy conversion system that sells its generated
power, whether by wires, grid-connections, metering, or a battery
energy storage system, to a third party, and such term includes the
support tower, foundations and support cables, the nacelle and electric
generator, gearing, and braking, the rotor, blades, tail and other
associated components, the associated electric and electronic connections,
panels, boxes, controls, inverters, switches, transformers, gates,
vehicular paths, fencing, the fall zone around each tower, etc., whose
power output is intended to be used on-site to offset on-site consumption
of utility power and off-site, including through grid connections
and the transmission or sale of energy to third parties.
[Added 7-15-2020 by L.L.
No. 3-2020]
An unoccupied space, open to the sky, on the same lot with
a building or structure.
A line drawn parallel to a lot line at a distance therefrom
equal to the depth of the required yard. (See Schedule II.[21])
An open space extending across the entire width of a lot,
between the building line and the front property line (street or road
right-of-way line) and into which space there shall be no extension
of building parts other than steps, open porches, eaves, cornices,
and similar structures. For purposes of this chapter, a lot located
on Cayuga Lake shall have the front yard facing the lake.
An open space extending across the entire width of the lot,
between the rear line of the lot and a line parallel to said rear
lot line, and at a distance therefrom as specified in Schedule II[22] for the zoning district in which the lot is located.
An open, unobstructed space on the same lot with a building
between the building and the side line of the lot, and extending through
from the front yard line to the rear yard line.
The official zoning board for the Town of Lansing established pursuant to § 267 of the Town Law. (See Article X of this chapter.)
An administrative permit issued by the Code Enforcement Officer
or Building Inspector that permits certain uses or the construction
and emplacement of certain improvements when the landowner or other
applicant meets the requirements stated in relation to any such proposed
use or structure.
[1]
Editor's Note: The former definitions of "adult residential
care facility" and "agriculture," which immediately followed, were
repealed 4-19-2023 by L.L. No. 3-2023.
[2]
Editor's Note: The former definition of "bed-and-breakfast,"
which immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[4]
Editor's Note: The former definitions of "church or other
place of public worship" and "club," which immediately followed, were
repealed 4-19-2023 by L.L. No. 3-2023.
[5]
Editor's Note: Schedule I is included as an attachment to this chapter.
[6]
Editor's Note: The former definition of "contractor's/landscaping
yard," which immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[7]
Editor's Note: The former definition of "home occupation or
business," which immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[8]
Editor's Note: The former definition of "kennel," which immediately
followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[9]
Editor's Note: Schedule II is included as an attachment to this chapter.
[10]
Editor's Note: The former definition of "open space," which
immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[11]
Editor's Note: The former definition of "plant/landscape nursery,
greenhouse and garden center for commercial/retail," which immediately
followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[12]
Editor's Note: The former definition of "restaurant," which
immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[13]
Editor's Note: The former definition of "roadside stand,"
which immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[14]
Editor's Note: Schedule I is included as an attachment to this chapter.
[15]
Editor's Note: Schedule I is included as an attachment to this chapter.
[16]
Editor's Note: The former definition of "storage container,
unit," which immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[17]
Editor's Note: The original definition of "townhouse," which
immediately followed this definition, was repealed 7-15-2020 by L.L. No. 2-2020.
See now the definition of "dwelling, townhouse."
[18]
Editor's Note: The former definition of "used car lot," which
immediately followed, was repealed 4-19-2023 by L.L. No. 3-2023.
[19]
Editor's Note: Schedule II is included as an attachment to this chapter.
[20]
Editor's Note: Schedule I is included as an attachment to this chapter.
[21]
Editor's Note: Schedule II is included as an attachment to this chapter.
[22]
Editor's Note: Schedule II is included as an attachment to this chapter.
