The Planning Board is hereby authorized to adopt and/or amend
regulations concerning the subdivision of real property by resolution
after a public hearing held on not less than 10 days' notice and subject
to confirmation by resolution of the Town Board. The Subdivision Regulations
enacted by local law of the Town Board effective January 1, 1988,
together with all amendments thereto shall continue as the Subdivision
Regulations of the Planning Board subject to amendment as provided
herein.
A.
(Reserved)
B.
Notwithstanding anything to the contrary contained in the Subdivision
Regulations, an applicant may elect to file a subdivision application
in final form. In such event, the applicant shall not be subject to
a preliminary hearing pursuant to § 276(3) of New York Town
Law. Pursuant to § 276(4) of New York Town Law, the Planning
Board is authorized to waive the requirement for a public hearing
where said Board finds that the final plat is in substantial agreement
with a preliminary plat previously approved by the Board.
A.
Purpose. In order to achieve the goal(s) of well-planned and/or environmentally
sensitive development, we find that it is necessary and desirable
to confer upon the Planning Board the authority to modify the zoning
code with respect to the applicable bulk requirements for subdivision
plats and to provide for flexibility in the layout, configuration
and design of lots, buildings, structures, roadways and other components
of infrastructure, parks, landscaping and other features of said plats
in order to preserve the natural and scenic qualities of lands and
to otherwise provide opportunity for appropriate development.
B.
The Planning Board is hereby authorized to review and approve and/or
deny cluster development for subdivision plats, simultaneously with
its review and approval of such plats, for all lands within the Town.
C.
The Planning Board may require the submission of a cluster development
map where it determines that the following circumstances exist:
[Amended 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]
(1)
The subject property contains environmentally unique or sensitive
features, including but not limited to fresh or salt water wetlands,
scenic views, wildlife habitat, including habitat for endangered species
and/or rare animal and plant species, forests, ponds, rivers or streams,
steep slopes, other rare or unusual geological features, or other
natural features which the Board determines need to be preserved and/or
protected.
(2)
The subject property contains historic sites and/or structures of
significance.
(3)
The subject property contains significant archeological resources.
(4)
The subject property provides significant scenic views.
(5)
Reconfiguration of old, filed subdivision maps, based on single and
separate lots.
(6)
The subject property is adjacent to or in close proximity to an existing
local or regional recreational trail, protected open space, protected
preserve, protected forest or other protected lands.
(7)
The property is part of an established or proposed greenbelt area.
(8)
The subject property contains prime agricultural soils.
D.
Yield. Unit yield shall be determined as follows:
(1)
The unit yield shall in no case exceed the unit yield which could
be permitted, in the Planning Board's judgment, were the land to be
subdivided into a conventional plat conforming with the applicable
bulk requirements of the Code.
(2)
In the event that the subject property is located in two or more
zoning districts, the unit yield shall be limited to the cumulative
density as derived from the yield proportionately attributable to
the property located in each of the zoning districts; in such case,
improvements may be located without regard to the location of the
underlying zoning districts.
(3)
In the case of residential plats subject to cluster development as
set forth in this section, the dwelling units permitted may be, at
the discretion of the Planning Board, detached, semidetached, attached,
or located within multistory structures.
E.
The Planning Board, as a condition of plat approval, may establish
such conditions on the ownership, use, and maintenance of the open
lands attributable to such plats as it deems necessary and/or appropriate
in order to assure the preservation of the natural, scenic or other
significant qualities of such lands, subject to the Town Board's approval
thereof.
F.
Applications. Applications for cluster development shall be made
simultaneously with subdivision and/or resubdivision plat applications
and shall contain such information as the Planning Board shall determine
necessary and in such format as the Board shall adopt.
G.
Notice and public hearing. Cluster development shall be subject to
review at a public hearing(s) held in accordance with the provisions
of Article 16 of the Town Law.
H.
Filing. Upon the filing of a cluster development subdivision plat
in the office of the County Clerk, a copy thereof shall be filed with
the Town Clerk and the Commissioner of Planning, Environment and Land
Management, who shall make appropriate notation and references thereto
on the Town Zoning Map required to be maintained pursuant to the provisions
of Article 16 of the Town Law.
I.
A noncontiguous cluster development shall be permitted in the A Residence
5 and A Residence 10 Zoning Districts as follows:
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
Before any lot or building plot is formed from part of a lot
or lots shown on a filed map, the owner thereof shall submit the proposed
separation of subdivision to the Planning Board, in duplicate, for
its approval and determination as to whether or not the same constitutes
a subdivision. The fee for any such resubdivision of real property
or for a road improvement shall be as established by Town Board resolution.
A land division, as defined in this chapter, may, upon the determination
of the Commissioner of the Department of Planning, Environment and
Land Management or his designee or the Planning Board, be exempt from
the requirements of a subdivision application.
A.
The intent of this land division section is to delegate and reserve
certain powers, actions, functions and responsibilities authorized
to and performed by the Planning Board to the Planning Division of
the Town of Brookhaven. It is the Town Board's express intent and
purpose by this section, pursuant to § 10 of the Municipal
Home Rule Law and § 10 of the Statute of Local Governments,
to supersede, to the extent necessary, New York State Town Law § 277,
entitled "Subdivision review; approvals of plats; additional requisites,"
by reserving and delegating certain powers, actions, functions and
responsibilities performed by the Planning Board to the Planning Division.
B.
A land division that does not require variances shall be subject
to the review and approval of the Planning Board, which approval may
be subject to the imposition of reasonable conditions as said Planning
Board shall determine. For land divisions resulting in more than four
lots and for all land divisions of nonresidentially zoned lands, the
Planning Board may grant such area variances as it deems reasonable
and appropriate, so long as there is no increase in density as a result.
A land division application shall include the following:
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
(1)
A survey of the entire site, showing proposed lot lines, zoning lines,
existing pavement, existing dwellings, existing and proposed topography,
site data table, key map, existing conditions within 200 feet of the
subject property, all special district lines and drainage in the area
and ownership of the site and surrounding properties.
(2)
A completed application on a form to be supplied by the Planning
Board.
(3)
An application fee in the amount as established by Town Board resolution.
If the Planning Board determines that the applicant must file a preliminary
plat, then this fee shall be in lieu of the preliminary filing fee
as established by Town Board resolution.
(4)
A recreation fee as established by Town Board resolution.
(5)
A chain of title may be required at the discretion of the Planning
Board.
C.
Land divisions with variances. Any land division of residentially
zoned land(s) for four or fewer lots, requiring area variances, shall
require the review and approval of the Zoning Board of Appeals.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
(1)
The Board of Appeals, in its review, shall consider the written recommendation(s)
of the Planning Division.
(2)
The owner of the subject property may be required to file a declaration
of covenants and restrictions in such form as shall be approved by
the Town Attorney, including, but not limited to, the following:
(a)
That all access roads shall remain private and shall be maintained
by the property owners and their successors and assigns; and
(b)
Any or all conditions imposed by the Board of Appeals in its
grant of approval;
(c)
Prohibiting further subdivision of the property, except where
the resultant lots on the land division are amenable to further subdivision
and the resultant lots will be in full compliance with all requirements
of this chapter; and
(d)
That any further subdivision of said resultant lot(s) shall
be subject to the review and approval of the Planning Board.
(3)
The applicant shall pay a recreational fee as established by Town
Board resolution.
E.
The calculation of area for interior lots known as "flag lots" (lots
with road frontage of 20 feet or less) shall exclude the area encompassed
by or attributable to the portion of said lot which is 20 feet or
less in width.
[Added 7-21-2016 by L.L.
No. 18-2016, effective 8-5-2016]
Subdivision and land division applications which remain incomplete
for which the applicant initiates no activity for a period in excess
of one year may be deemed withdrawn by the Commissioner of Planning,
Environment and Land Management, so long as written notice is provided
to the applicant informing said applicant of the Commissioner's intent
to deem the application withdrawn at least 30 days prior to the Commissioner's
determination. If an application is inactive for more than two years,
it shall be deemed withdrawn. This section shall not apply to approved
preliminary subdivisions which are subject to the provisions of Town
Law § 276.
A.
Any building, structure or premises erected, altered, or used for
sewage disposal and treatment facilities shall be permitted in any
district when authorized by resolution of the Planning Board, subject
to such conditions and safeguards as the Planning Board may deem appropriate.
B.
No building or structure may be erected, altered or used for a sewage
disposal and treatment facility unless a building permit shall have
been issued by the Building Division of the Town of Brookhaven.
C.
No building permit shall be issued for a sewage disposal and treatment
facility unless the Planning Board shall have first approved the site
plan for the building, structure or premises. This subsection shall
apply in all cases where sewage disposal and treatment facilities
are proposed to be erected, altered or used, regardless of whether
or not such erection, alteration or usage is in conjunction with a
subdivision.
(1)
If the erection, alteration or usage of and building, structure or
premises for sewage disposal and treatment facilities is to be erected,
altered or used in conjunction with a subdivision, the site plan may
be considered simultaneously with the preliminary plan or layout of
said subdivision, provided that the applicant shall have first obtained
approval of the location from the Suffolk County Department of Environmental
Control.
(2)
In the event that the sewage disposal and treatment facility is to
be erected, altered or used in conjunction with a subdivision, the
preliminary and final maps, including the map to be ultimately filed
in the Suffolk County Clerk's office, shall clearly designate the
proposed location of the sewage disposal and treatment facility and
shall clearly indicate the proposed location of the buildings and
structures to be erected thereon.
D.
In all cases where the Planning Board is considering the site plan
for the location of a sewage disposal treatment facility, there shall
be a public hearing before the Planning Board.
(1)
Notwithstanding any provisions of law to the contrary, including
the Subdivision Regulations of the Town of Brookhaven,[1] notice of said public hearing shall be published in a
newspaper circulating in the Town of Brookhaven at least 10 days before
said public hearing, and notice of said public hearing shall be mailed
by the developer by certified mail, return receipt requested, to the
owners of all property within 500 feet of the perimeter of the area
shown on the site plan or preliminary map, or both, as the proposed
location of the sewage disposal and treatment facility. For the purposes
of this section, the word "owner" means the owner as shown on the
current Brookhaven Town assessment roll. Said notice shall contain
the following:
(a)
The date, time and place of the hearing.
(b)
A statement that the purpose of the hearing is for the Planning
Board to consider the site plan for the construction of a sewage disposal
and treatment plant.
(c)
A statement that complete plans for the location of the sewage
disposal and treatment facility and the buildings or structures to
be erected thereon are on file in the office of the Planning Board
and may be examined during regular office hours by any interested
person.
(2)
The affidavit of mailing to all adjacent owners shall be filed with
the Planning Board at the time of the public hearing, together with
the return receipts. In the event that all return receipts have not
been received by that time, the applicant shall file the same or account
for all mailings within 30 days following the public hearing.
(3)
Following the public hearing, the Planning Board may approve the
application for the location of the sewage disposal and treatment
facility, may approve the same with modification or may deny the same.
E.
The Planning Board may amend the site plan for a sewage disposal
and treatment facility, regardless of whether or not said approval
was granted in conjunction with the processing of a subdivision map;
provided, however, that all of the procedures specified in the above
subsection are fully complied with. This subsection shall apply in
all cases where the owner or operator of the sewage disposal and treatment
facility shall seek to increase the capacity thereof.
F.
In all cases where a subdivision will be served by a sewage disposal
and treatment facility, whether or not said sewage disposal and treatment
facility is to be or was constructed in conjunction with the processing
of a subdivision map, a copy of a map in a form to be approved by
the Planning Board shall be conspicuously posted in the office of
the developer, its agent or any other person offering lots for sale,
whether or not such sale includes the construction of a house. Said
map shall clearly designate the proposed or actual location of the
sewage disposal and treatment facility and all buildings and structures
thereon in relation to adjacent areas.
Freestanding structures of less than 600 square feet, which
are to be constructed or situated on sites previously improved or
to be improved by the construction of a building or buildings, must
be situated at or behind the actual existing building line or the
proposed building line.
No building or structure or part of a building or structure
shall be erected or maintained at the end of a tap street. All applications
for building permits for buildings or structures or parts of buildings
or structures at the end of a tap street shall be referred by the
Chief Building Inspector to the Planning Board for its review. No
application for a variance may be granted by the Board of Appeals
from the provisions of this section unless such application has first
been referred to and approved by the Planning Board. The term "tap
street" shall mean any dead-end street which may be extended in the
future.
[Amended 4-21-2016 by L.L. No. 7-2016, effective 5-3-2016]
A.
In recognition of the importance of agriculture to the local economy
and as a land use which provides significant areas of the Town with
a rural, rustic character and charm, the Town Board established an
Agricultural Advisory Board to advise the Town on policy issues and
programs affecting the viability and enhancement of agricultural industries
within the Town to ensure the continued viability of farming as an
industry that is important to the local economy; to balance the relationship
of agricultural practices and the community; and provide the Town
Board, and other relevant committees, with recommendations on issues
that may impact the agricultural community.
B.
The Agricultural Advisory Board shall be comprised of 11 members,
appointed by the Town Board. The Board shall include seven members
of the agricultural community that are actively engaged in the operation
and/or ownership of a farm located within the Town, at least one of
which shall be involved in aquaculture; one member of the Town Board,
or his or her designee; the Commissioner of Planning and Environment,
or his or her designee; one representative from the Long Island Farm
Bureau; and one representative of the Peconic Land Trust.
C.
Board duties. The Board shall:
(1)
Review, approve and periodically revise an inventory of agricultural
lands within the Town, as prepared by the Department of Planning and
Environment, to be employed as a resource in prioritizing the preservation
of agricultural lands.
(2)
Recommend to the Town Board agricultural lands from which development
rights should be purchased.
(3)
Review, provide comment and make recommendations to the Town Board
on land use policies, programs and related matters relevant to agricultural
lands or the agricultural industry.
(4)
Review and make recommendations to the Town Board and the Commissioner
of Planning and Environment with regard to establishing policy and
the implementation of agricultural easements and other land use planning
and preservation tools and programs to enhance and encourage the preservation
and establishment of agricultural industries within the Town.
(5)
Review and provide comment on any contracts, leases, licenses or
other agreements regarding the use of agricultural lands for which
the Town has acquired the development rights or has acquired in fee
simple.
(6)
Review and provide comment on any contracts, leases, licenses or
other agreements regarding the use of Town-owned underwater lands
for aquaculture purposes.
(7)
Review all applications for building permits and demolition permits
for structures located on agricultural lands from which development
rights have been purchased from the Town, or lands that are located
within a certified New York State Agricultural District, to determine
what effect their granting may have on the existing and future agricultural
use of the property, and to provide comments to the Commissioner of
Planning.
(8)
Study and review federal, state and county legislation affecting
agricultural industry and advise the Town Board and the Commissioner
of Planning of its findings.
(9)
Serve as a conduit for communications between the various segments
of the agricultural community and the Town Board.
D.
Open Space and Farmland Acquisition Advisory Committee. Parcels for
potential acquisition that have been nominated via a nomination form
and submitted to Land Management Staff (LMS) and maintain farmland
or agricultural uses shall be referred to the Agricultural Advisory
Board for review prior to any presentation to the Open Space and Farmland
Acquisition Advisory Committee. The Board shall review such parcel
and either recommend approval for acquisition, approval for purchase
of development rights, or denial of the nomination for acquisition.
Such recommendation shall be presented to the Open Space and Farmland
Acquisition Advisory Committee, the Supervisor, and members of the
Town Board.
E.
Purchase of development rights. In recommending the acquisition of
development rights, the Agricultural Advisory Board shall consider
the agricultural parcel's soil suitability for agricultural use, history
of agricultural production, and future potential for continued agricultural
production.
F.
Severability. If any clause, sentence, paragraph, section or item
of this section shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not impair nor invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph, section or item directly involved
in the controversy in which such judgment shall have been rendered.
[Amended 5-21-2015 by L.L. No. 7-2015, effective 6-2-2015; 2-4-2016 by L.L. No.
1-2016, effective 2-18-2016]
A.
Legislative intent.
(1)
The Town Board of the Town of Brookhaven hereby finds that the conservation
of prime agricultural lands within the Town, used for bona fide agricultural
production, is of vital importance to the Town's character, environment
and economy, as preserving an historically important industry which
provides fresh food and horticultural products to local and regional
markets; by enhancement of the quality of life of the Town's residents;
and by providing a measure of protection from intensification of development.
We further find that lands subject to such agricultural use(s) are
generally less burdensome upon governmental services than lands subject
to other active uses. Accordingly, it is this Board's intent, in enacting
this section, that farmers shall have the right to farm in Brookhaven
without undue interference from nearby and neighboring landowners
or occupants.
(2)
It is this Board's further intent and purpose to reduce future conflicts
between those engaged in such agricultural production activities and
their neighbors, be they residential or commercial; in furtherance
of this goal, we hereby determine that it is prudent to require notice
of the existence of farming operations which incorporate agricultural
production activities, to future neighbors, upon an application(s)
for proposed development and/or a proposed change of zone.
(3)
Notwithstanding that conventional farming activities may be reasonably
anticipated to generate dust, smoke, noise, vibration and odor, such
activities are presumptively considered to be necessary and essential
to bona fide farming, far outweighing any annoyance or nuisance to
neighboring properties' occupants, unless such activities are demonstrably
adverse to the public health, safety and welfare of the community.
(4)
This Board further finds and determines that such agricultural production
activities, when undertaken in compliance with applicable federal,
state and local laws and regulations, are presumptively compatible
with the public health, safety and welfare; and that to whatever extent
such activities and use, conducted in such manner as aforesaid, may
engender some annoyance or nuisance to its neighbors, such consequences
are hereby deemed to be fully offset by the substantial benefits to
the community at large derived from the preservation of such farmlands
and use(s).
(5)
Therefore, we hereby declare that farming practices involved in agricultural
production as set forth hereinbelow shall constitute "protected farm
practices."
B.
Agricultural production. Agricultural production activities include:
(1)
The cultivation of the soil for food products and other useful or
valuable growths of the field, including:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees, sod, and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
(f)
Maple sap.
(g)
Honey.
(h)
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
(i)
Aquaculture products, including fish, fish products, water plants
and shellfish.
(2)
The establishment and maintenance of farm woodland, including land
used for the production of woodland products, including but not limited
to logs, lumber, posts and firewood, excluding the processing or retail
merchandising of woodland products.
(3)
The establishment and maintenance of commercial horse boarding operations,
to wit: enterprises consisting of at least 10 acres and boarding at
least 10 horses, regardless of ownership, excluding operations whose
primary function is horse racing.
(4)
Establishment and maintenance of farm operations, including the land
used in agricultural production, as defined herein, farming activities/practices
conducted on such land, and farm buildings and farm equipment involved
in the processing of the aforementioned agricultural products. Farm
brewery, cidery, distillery, and winery production facilities shall
meet the following requirements:
(a)
Shall be licensed under New York State law for the production
and sale of alcoholic beverages; and
(b)
Shall produce alcoholic beverages made primarily from Long Island
and/or New York State agricultural products; and
(c)
Shall be accessory to and part of a farm operation of which
at least five contiguous acres are devoted to agricultural products;
and
(d)
Shall be subject to site plan approval.
C.
The right to undertake protected farm practices. Protected farm practices are permitted at all times, except as otherwise provided in § 85-925F. Protected farm practices undertaken in the active pursuit of agricultural production shall include the following activities:
[Amended 10-21-2021 by L.L. No. 19-2021, effective 10-26-2021]
(1)
Clearing;
(2)
Grading of materials which remain on the property but which shall
specifically exclude the excavation, stripping or removal of sand,
gravel, stone, topsoil or other materials or other excavation purposes;
(3)
Plowing;
(4)
Aerial and ground spraying, the use of legal agricultural chemicals
(including herbicides, pesticides and fertilizers);
(5)
Raising horses, poultry, small livestock and cattle;
(6)
Processing and marketing produce;
(7)
Installing water and soil conservation facilities;
(8)
Utilizing farm crop protection devices;
(9)
Designing, constructing and using farm structures, including but
not limited to barns, stables, paddocks, fences, greenhouses and pump
houses;
(10)
Using and pumping water;
(11)
Spraying, pruning and harvesting crops;
(12)
Disposing of organic wastes on the farm and composting of said
materials in the following conditions: Storage and use of organic
material for the subject farm a maximum 3,000 cubic yards of organic
material may be utilized off site. Nothing herein shall be construed
to allow a commercial mulching operation or the stockpiling and screening
of compost for sale to others;
(13)
Employment of farm laborers;
(14)
Training others in the use and care of farm equipment and animals;
(15)
Travelling local roads in properly marked vehicles; and
(16)
Providing local farm produce market outlets near farming areas.
D.
Signs shall be a permitted accessory use, subject to the following
criteria:
[Added 7-18-2019 by L.L.
No. 19-2019[1]]
(1)
One wall sign attached to the exterior side wall of the principal
structure, advertising only the farm or business conducted on site.
For sites with more than one street frontage, one such sign shall
be permitted on each street frontage.
(2)
The area of the largest sign may not exceed 2 1/2 square feet
per linear foot of wall width to a maximum of 36 square feet. However,
if said wall exceeds 24 feet in width, the sign may be increased as
follows: the larger of 36 square feet or two square feet per linear
foot of wall, calculated by using only 2/3 of said length. Other permitted
wall signs may not exceed 24 square feet.
(3)
No wall sign shall be wider than the exterior side wall upon which
it is placed, or extend higher than the roof of the building upon
which it is placed.
(4)
One detached or ground sign, advertising only the farm or business
conducted on site. For sites with more than one street frontage, one
such sign shall be permitted on each street frontage.
(5)
The face of any detached or ground sign shall not exceed 32 square
feet in area, and shall not exceed 12 feet in height from the mean
level of the ground.
(6)
The area between a detached or ground sign and front property line
shall be maintained free of obstructions and debris.
(7)
Detached or ground signs shall be located not less than 12 feet from
the property line when the abutting roadway has a posted speed limit
of up to 30 miles per hour; not less than 17 feet from the property
line when the abutting roadway has a posted speed limit of 31 through
40 miles per hour; and not less than 22 feet from the property line
when the abutting roadway has a posted speed limit of 41 through 55
miles per hour. If the average front setback of existing buildings
on the same side of the street within the same block is less than
the above specified number of feet, then not less than the established
average setback.
(8)
No sign may be designed or constructed to move, oscillate or rotate.
(9)
All signs shall be of wood or similar materials.
(10)
All signs shall be lit with external, building-mounted lighting
fixtures and shall not be backlit.
(11)
Roof signs shall be prohibited.
[1]
Editor’s Note: This local law also redesignated former
Subsection D as Subsection E.
E.
Right to notice of protected farm practices.
(1)
The Zoning Board of Appeals, Planning Board and any other Town official
or body having final review and approval jurisdiction over land use
and/or development proposals shall give notice to any applicant of
a proposed development project which:
(3)
The applicant shall include a notation on the final instrument (subdivision
map, land condominium map, division map or site plan) depicting such
development approval to the effect that an established farming operation
employing protected farm practices is located within 1,000 feet of
the boundary(ies) of the approved development map, site plan or other
development approval, which notation shall constitute a mandatory
condition of any such final grant of approval.
(4)
All certificates of occupancy issued upon completion and/or build
out of an approved development project as aforesaid shall include
a notation to the effect that: "An agricultural production operation
subject of Protected Farm Practices is located within 1,000 feet of
the boundary of the within map or site plan."
F.
Greenhouses.
[Added 10-21-2021 by L.L. No. 19-2021, effective 10-26-2021]
(1)
No
greenhouses shall be permitted on any lot less than two acres in size.
(2)
Greenhouses
shall be set back a minimum 40 feet from any property line.
(3)
No
greenhouse shall exceed 18 feet in height.
(4)
A
single row of arborvitae, seven feet high and five feet on center,
shall be required around the perimeter of any greenhouse or grouping
of greenhouses.
(5)
Maximum
lot coverage of greenhouses shall be 50% for any lot less than five
acres.
