This chapter is adopted pursuant to the authority granted the Town by § 10 of the Municipal Home Rule Law, § 130, Subdivision 15, of the Town Law, the New York State Property Maintenance Code, and other provisions of New York State law and regulations. This chapter applies to the whole of the Town of Lansing, excluding lands located within the Village of Lansing.
This chapter shall be known as the "Town of Lansing Property Maintenance and Outdoor Storage Local Law" (herein, the chapter).
The purposes of this chapter are to assist in the enforcement of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code, to regulate outdoor storage generally, and to regulate the permitting, emplacement, an operation of junkyards. By adoption of this chapter, the Town declares its intent to regulate and control the storage or keeping of outdoor materials and junk, and to otherwise regulate the outdoor storage of materials, whether operated for commercial profit or otherwise. The Town Board hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens and that junk and the outdoor storage of materials can constitute a hazard to property and persons and can be a public nuisance. Such materials may be highly flammable and sometimes explosive. Further, junk and materials stored outdoors can constitute attractive nuisances to children and certain adults and the presence of junk, junkyards, and materials stored outdoors can be or become unsightly and tend to detract from the value of surrounding properties.
This chapter shall repeal, replace, and supersede both:
A. 
The prior existing junkyard ordinance, being Schedule III of the Town Land Use Ordinance (Town of Lansing Ordinance No. 49), adopted February 4, 1998; and
B. 
The prior existing local law of the Town known as Local Law No. 7 of 2004, being the "Town of Lansing Outdoor Business Inventory Storage Local Law."
It shall be a violation of this chapter for any owner or other occupant of real property in the Town, or for any person having control of real property on the Town charged with the maintenance of the property, to deposit, abandon, maintain, keep or allow the accumulation on his or her real property, outside of any building, of any personal property, junk, trash, rubbish, garbage, refuse, debris, discarded materials, bulk items, and/or any other material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare, or creates degradation through unsightliness which creates a public or private nuisance.
Certain uses are exempt from the application of this chapter, or certain of its provisions as applied to such use, and included are:
A. 
A licensed motor vehicle repair shop may store individual motor vehicles, up to a maximum of 10 such motor vehicles, upon its premises for an unlimited period of time, but not otherwise in excess of applicable law or regulations, whenever the area where any such motor vehicles are stored is fully enclosed by a fence that provides screening and would qualify as junkyard fencing; otherwise, no individual junk motor vehicle may be stored for a period exceeding six months before it must be removed, moved to indoor storage, dismantled and the parts stored other than as outdoor storage, or a junkyard permit is applied for.
B. 
A licensed towing company or impoundment yard may store individual motor vehicles, including junk motor vehicles, upon its premises for an unlimited period of time, but not otherwise in excess of law, whenever the impoundment yard where any such motor vehicles are stored is fully enclosed by a fence that provides screening and would qualify as a junkyard fencing; otherwise, no individual junk motor vehicle may be stored for a period exceeding six months before it must be removed, moved to indoor storage, dismantled and the parts stored other than as outdoor storage, or a junkyard permit is applied for.
C. 
This chapter shall not apply to agricultural operations and agricultural storage areas whenever such outdoor storage areas or junkyards are:
(1) 
Not visible from public roadways or inhabited neighboring structures;
(2) 
Part of regular and ongoing agricultural operations as defined by and construed in accordance with the New York State Agriculture and Markets Law; and
(3) 
The outdoor storage area or junkyard is used and operated as part of the agricultural operation and is a traditionally recognized, reasonable, or best farming practice.
D. 
The temporary storage of goods or materials in anticipation of, or during, any building, construction, or repair project, so long as the outdoor storage of such goods or materials does not exceed one year in duration.
E. 
Any business, use, or operation that holds a current and valid exemption certificate granted under and pursuant to this chapter.