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.

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.

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.

Construction of any new building or structures requiring a sewage disposal system; or

Placement of a mobile home requiring a sewage disposal system; or

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.

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.

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.)

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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:

All alternative energy systems require building permits.

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.

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.

Flag lots, as defined in Chapter 235, Subdivision of Land, § 235-3, shall meet the minimum lot area excluding the pole (or "flagpole"), lot width requirements of the zoning district within which it is located. The pole of the flag lot shall have a minimum width of 60 feet at every point and the pole shall be no less than 100 feet in length.

In areas where agriculture is the predominant land use, in particular the RA and AG Zones, flag lots should be located on the least productive agricultural lands and be configured so as to minimize interference with the agricultural use of the lands.

Whenever practicable, adjoining flag lots should be platted in a manner that encourages shared driveway access points along public roads and highways.

No parcel may be subdivided into more than two flag lots.

Cannabis retail businesses, operations and facilities, including those for retail sales, indirect retail sales, and on-site consumption establishments shall, in addition to the general site plan review requirements and review standards as set forth in § 270-9 of this chapter, meet or exceed the minimum additional standards set forth below, including to: (i) help preserve the character and quality of life in the Town of Lansing; (ii) to help mitigate or control adverse secondary effects on surrounding areas relating to parking, traffic, and other site planning concerns and standards set forth in this chapter and Town Law § 274-a; and (iii) to prevent entry and use by minors and the concentration of these land uses in any one specific area.

Site preparation or construction of a cannabis retail dispensary or on-site consumption establishment shall not commence, nor shall any land or structure be occupied or used as or for cannabis retail uses, until a final site plan approval has been granted by the Planning Board. Further, no cannabis retail business shall commence or continue any business or operations, and no site plan approvals or other permits or approvals issued by the Town shall be valid, until the applicant has obtained, and duly maintains at all times, all licenses and permits required under New York State law in full force and effect. This includes, but it not limited to, licenses from the Cannabis Control Board and any other permits or licenses issued directly by New York State or any of its agencies. This prohibition on operations includes, to the extent not prohibited by the First Amendment (in the United States Bill of Rights, and its New York State equivalent(s)), business promotions, giveaways, and product marketing.

In addition to the general requirements for site plan submissions and reviews, the following shall be required:

Cannabis retail operations shall avoid and not create nuisances to abutting properties and shall not create or suffer any hazards as may unreasonably impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area. The possession of a New York State permit or license, and possession of a conditional or unconditional site plan review approval from the Town, shall not be considered evidence that there is not a nuisance or unreasonable hazard.

If any provision, paragraph, sentence, or clause of this chapter or section shall be determined to be in conflict with and preempted by applicable state laws or regulations, the provisions of said state law and regulations shall be presumed to prevail.