Intent. The intent of this Article VIII is to protect the existing character and visual appeal of the built environment in the Town of Lansing, to promote the orderly development of attractive public spaces as business expansions and new development occurs and to screen incompatible views and uses from view of the public and secure a quality public realm for the enjoyment of residents and visitors effectively and appropriately.

Authorization: Landscaping and buffering are permitted in any zoning district. When required by this section in conjunction with a particular use, said landscaping and buffering shall be deemed to be a mandatory element of any permit granted for said use. All required landscaping must be maintained by the property owner and any damaged or dead plant materials, fence or structure shall be replaced by the property owner. The Code Enforcement Officer may send a notice to the property owner if the required landscaping or screening is found to be deficient.

Definitions: When used in this section, the following words and terms shall have the meanings herein assigned:

All developments subject to site plan review (§ 270-27) must submit a landscape plan. Where developments involve either 10,000 square feet or more of development area or construction or reconstruction of a parking lot containing 20 or more spaces, the landscape plan must be stamped by a New York State licensed landscape architect. Single-unit dwellings, two-unit dwellings, and multiunit dwellings of three units or less, are exempt from this requirement.

A landscaping plan shall include the following:

Plant materials must be installed in accordance with the latest edition of the American Standard for Nursery Stock published by the American Nursery and Landscape Association (ANLA).

Plant materials must be installed in soil of sufficient volume, composition, and nutrient balance to sustain healthy growth.

Prior to a certificate of occupancy being granted, all landscape required by this section must be installed. However, where required landscape cannot be installed because of seasonal weather conditions, a certificate of occupancy may be issued by the Code Enforcement Officer provided that the applicant produces a contract for the landscape work to be completed within nine months of the issuance of the certificate of occupancy.

All plant materials must be maintained in a healthy, growing condition.

Any landscape that is considered hazardous or unsafe, interferes with public utilities, conflicts with required corner visibility, obstructs pedestrian or vehicular access, constitutes a traffic hazard, or is listed as an invasive species by the New York Invasive Species Council, must be abated by the property owner as soon as practicable or within 30 days of notice by the Code Enforcement Officer.

Buffer yard parameters.

Buffer yard landscape.

Buffer yards should be approved and classified in accordance with basic design parameters shown upon the chart contained at Attachment 8 of this Chapter 270.

References to help implement the goals of buffering and these regulations and standards are hereby made to (1) Attachment 8 respecting minimum standards and general layout rules for buffering and buffering design, and (2) Attachment 10 respecting driveways, flag lots, and the use of the flagpole areas for access and utilities.

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.

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.

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

Fences and walls must be constructed of permanent, durable materials, such as brick, stone, concrete, textile block, wood, iron, or steel. Vinyl or chain link fence materials are not allowed in the L1, R1, R2, or R3 Zoning Districts.

No fence or wall may be constructed of barbed wire, concertina wire, razor wire, electrically charged wire, railroad ties; standard, fluted, or split face concrete masonry units (CMU); scrap metal, tarps, or any other material determined by the Code Enforcement Officer to be detrimental to the public health, safety, and welfare. This restriction does not apply to lawful farm operations. Security fencing for commercial applications may be topped with barbed wire or equivalent if the Code Enforcement Officer determines it is not detrimental to the public health, safety, or welfare.

The height of all fences and walls is measured from the average ground level within two feet of the base of the fence or wall. An additional one foot of height is allowed, above the maximum permitted height, for posts, columns, light fixtures, or other decorative details.

Deer fences up to 10 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.)

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.

An open fence enclosing a tennis, basketball, pickleball, or other recreational court may be erected to a maximum of 12 feet in height, irrespective of the above standards.

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.

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.

Maintenance. Fences and walls, including supports, must be maintained in a proper state of repair. Any damage to or deterioration of a fence or wall, whether due to vandalism, weather, age, loss of mortar, or peeling paint, must be repaired as soon as practicable or within 30 days of receipt of notice from the Code Enforcement Officer.

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 § 270-40.5).

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.

All developments subject to site plan review per § 270-27 must submit a lighting plan, stamped by a New York State licensed engineer or other qualified professional, demonstrating compliance with this section. Single-unit dwellings, two-unit dwellings, and multiunit dwellings of three units or less, are exempt from this requirement.

The submission shall contain but shall not necessarily be limited to the following:

Additional submission. The above-required plans, descriptions and data shall be sufficiently complete to enable the Code Enforcement Officer or board to readily determine whether compliance with the requirements of this chapter will be secured. If such plans, descriptions and data cannot enable this determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit additional evidence of compliance to enable such determination, such as certified test reports by a recognized testing laboratory.

Lamp or fixture substitution or addition. Should any outdoor light fixture, or the type of light source therein, be changed or added after the permit or approval has been issued, a change request must be submitted to the Enforcement Official for approval, together with adequate information to assure compliance with this chapter. Approval must be received prior to substitution or addition.

The intent of this Article VIII is to ensure that all nonfarm land use activities in the Town of Lansing be provided with sufficient and safe off-street motor vehicle parking and loading space to adequately serve, and meet the needs of, persons associated with such land use activities. The requirements of this article do not apply to agricultural land uses.

Off-street parking requirements.

Parking in yards. Off-street parking space, open to the sky, may be located in any yard area required by this chapter, except that:

Screening and landscaping. For nonresidential land uses in lake shore and residential districts (L1, R1, R2 and R3 Districts), off-street parking areas adjacent to an existing residence shall provide for a buffer yard designed to screen the parking area from such adjacent residence.

Parking area lighting. If an off-street parking area is to be lighted, such illumination shall be designed using cutoff fixtures, or equivalent, installed so that light does not create glare onto adjacent residential properties or onto any adjacent roadway. Wherever practical, luminaires shall provide for glare-free, downward directed, and shielded lighting as promotes the dark-sky standards of the International Dark-Sky Association ("IDA"), Tucson, Arizona, including, for example, meeting the goals and standards expressed in the "Outdoor Lighting Ordinance and Community Standards" Information Sheet No. 172 and the IDA "Outdoor Lighting Code Handbook." Excessive lighting for promotional or commercial visibility purposes shall be discouraged.

Off-street loading requirements.