Except as hereinafter provided, the following general provisions
shall apply to land use and development in the Town of Lansing:
A.
No land or building shall hereafter be used or occupied, and no building
or part thereof shall hereafter be enlarged or its use altered, unless
such action is in conformance with all the regulations specified for
the land use control district in which said action occurs.
B.
No lot shall hereafter be reduced or altered so as to result in a
lot that does not meet the minimum area or yard requirements prescribed
in Schedule II[1] of this chapter. A preexisting lot that does not meet
the minimum requirements of this chapter at the time it is enacted
may be used for a permitted use.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
C.
Unless specified to the contrary elsewhere in this chapter, no yard
or off-street parking space provided around any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or off-street parking space for any other building.
Minimum lot sizes specified in this chapter shall be subject
to approval and modification by the Tompkins County Health Department
to meet their applicable regulations, and a copy of the Health Department
approval shall be filed with the Code Enforcement Officer prior to
the beginning of any of the following activities:
A.
Construction of any new building or structures requiring a sewage
disposal system; or
B.
Placement of a mobile home requiring a sewage disposal system; or
C.
Alteration of, enlargement, or extension of an existing building(s),
structure(s), or mobile home(s) in such a way as to result in a change
in the volume or characteristics of the sewage therefrom.
In districts where public water or sewers are likely to be provided
within five years from the date a subdivision proposal is submitted,
lot regulations for areas "with public water or sewers available,"
as set forth in Schedule II,[1] will be permitted in subdivision design when at least
every other lot is left vacant until municipal water or sewage disposal
service is available if the subdivider has obtained Health Department
approval for such delayed development proposal. In such cases, building
permits will be issued only for alternate lots until public water
or sewers have been made available.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
If residential and nonresidential uses are to be located in
one structure on a single lot, the most restrictive lot, frontage,
and use requirements shall apply, including any imposed through site
plan or special permit reviews.
The height limitations of this chapter shall not apply to church
spires, cupolas, chimneys, silos, water tanks, flag poles, monuments,
skylights, mechanical equipment, antennas, utility lines and similar
features unless such features are specifically included in Schedule
I[1] of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
For safety reasons, no structure, fence or planting over three
feet in height, and no branches less than 10 feet from the ground,
shall be permitted within the vision triangle at road intersections.
The vision triangle is an area formed by the right-of-way lines of
intersecting roads and a diagonal line connecting a point located
on each of the right-of way lines and located a distance of 25 feet
from their intersection. (See diagram, below.) Any fence or planting
that does not conform to the requirements of this section and thereby
results in an obstruction to the vision of motorists shall be corrected
within 30 days from the date a notice thereof has been sent to the
property owner by the Code Enforcement Officer.
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When a lot is divided by a district boundary line, the regulations
and requirements of either district may be extended for a distance
of 50 feet into the other district, at the lot owner's discretion.
Natural drainageways shall be preserved and shall be kept free
of debris or other obstructions to water flow. Where relocation of
a natural drainageway cannot be avoided it must be located in a way
that will assure the unobstructed flow of stormwater.
Lots shall be kept free from abandoned or inoperable vehicles,
discarded building material, appliances and furniture, and all forms
of garbage and junk, and all Lots shall be maintained in accordance
with applicable laws and ordinances and the Building Code and New
York State Property Maintenance Code.
No action as defined by SEQRA shall be taken until there has
been compliance with applicable provisions of 6 NYCRR Part 617 and
an environmental determination of significance has been made by the
lead agency.
A.
Except as otherwise specified in other provisions of this chapter,
fences and walls up to six feet high are permitted as of right in
all zones and in all locations, including yards, setbacks, and buffer
areas.
B.
A fence or wall may be built up to a common lot line but may not
encroach on the adjoining property nor interfere with adequate sight
distance for vehicles exiting from driveways on the parcels sharing
common lot lines.
C.
Fences and walls are not allowed within public road right-of without
the written permission from the public entity that holds the right-of
way and, when required, applicable roadway use or construction permits,
licenses, and the like.
D.
Deer fences up to eight feet in height are permitted as of right
in all zones and in all locations, including yards, setbacks and buffer
areas. (See definition for deer fencing.)
E.
Fences and walls up to eight feet in height are permitted as of right
in all locations, including yards, setbacks and buffer areas, for
lawful farm operations.
F.
Fences shall be erected with the finished side (if any) facing the
road and abutting properties, and with backers, supports, and posts
on the inside of the fence, unless they constitute an integral part
of the finished side, or unless the fence is of the type that requires
posts to be placed in an alternating pattern inside and outside the
fence to maintain stability.
G.
Fence and wall heights shall be measured vertically from the natural
grade to the top of the fence or wall at each point along the fence
or wall.
A.
Except as otherwise specified in other provisions of this chapter, retaining walls are permitted as of right in all zones and in all locations, including yards, setbacks, and buffer areas (subject to the above rules in § 270-24).
B.
A retaining wall may be built up to a common lot line but may not
encroach on the adjoining property nor interfere with the adequate
sight distance for vehicles exiting from driveways on the parcels
sharing the common lot line.
[Added 7-15-2020 by L.L.
No. 3-2020]
A.
The requirements of this § 270-25.1 and its subsections apply to all solar energy systems, wind energy conversion systems, and battery energy storage systems proposed, modified, or installed upon any lands or structures, excluding routine or minor general maintenance and repair. However, "routine or minor general maintenance and repair" shall not in any one situation or case involve the replacement or repair of 50% or more of the area or square footage of land occupancy of the use, or 50% of the value of the facility. The determination as to whether a given action or application qualifies as "routine or minor general maintenance and repair" shall be determined in each case and for all lands, parcels, and uses by the Town's Zoning Officer by written opinion, duly filed.
B.
The installation of any solar energy system does not carry with it
any right to a clear line of sight to the sun. It is understood that
an applicant, installer, or developer has the responsibility to make
sure that the solar energy system(s) is positioned in such a way that
it will achieve the optimal energy production practicable. It is the
responsibility of the applicant, installer, or developer to obtain
any and all rights, easements, or agreements as are or may be necessary
to acquire and maintain a line of sight to the sun, if necessary.
C.
The installation of any wind energy conversion system does not carry
with it a right to an uninhibited wind resource. It is understood
that an applicant, installer, or developer has the responsibility
to make sure that the wind energy conversion system(s) is positioned
in such a way that it will achieve the optimal energy production practicable.
It is the responsibility of the applicant, installer, or developer
to obtain any and all rights, easements, or agreements as are or may
be necessary to acquire and maintain an uninhibited wind resource,
if necessary.
D.
No solar energy system or wind energy conversion system shall be
located in a manner as will unreasonably reduce or impede the amount
of sunlight or air available to any adjacent lot.
E.
No solar energy system or wind energy conversion system shall be
located in a manner as to reduce or impede the function of any other
pre-existing solar energy system or wind energy conversion system,
or any radio or microwave communication device.
F.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town of Lansing Code.
G.
Any alternative energy system, including all solar energy systems
and wind energy conversion systems that produce electricity primarily
for active farming or agricultural uses, where the generation is less
than 110% of the farm use, are exempt from site plan review or zoning
permit review if, in the determination of the Zoning Officer, the
following standards are demonstrated and met:
(1)
All building, electrical, fire and other codes have been and
will be adhered to;
(2)
Where required, applicable permits and approvals will be, or
have been, obtained for interconnection with any distributed electric
power system, including distribution or metering to any local or regional
electrical grid; and
(3)
All other applicable zoning rules, such as yardage and setbacks,
have been duly met.
H.
All alternative energy systems require building permits.
I.
Alternative energy systems that require a zoning permit but which
do not meet the zoning permit requirements for any one or more reasons
shall be permitted if an appropriate variance is obtained.
J.
No grid-tied solar energy system may be installed until the applicant
has submitted evidence that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator or meter, including the receipt of documentation from said
utility that it will connect the system. Off-grid systems shall be
exempt from this requirement.
