Town of Jerusalem, NY Article V Agricultural-Residential (AGR) Use District

§ 160-17 General description and purpose.

The land in Agricultural-Residential Use Districts (AGR) comprise the major portion of all of the Town of Jerusalem presently in use for agricultural or related uses. Inasmuch as the district contains highly viable forest and farmland and contributes greatly to the natural beauty of the Town, agricultural, including forestry uses, are encouraged. Regulations are established to provide for compatibility of these agricultural uses and certain other uses, though agricultural operations are considered to be the highest and best use of the lands within the Agricultural-Residential Use District.

§ 160-18 Permitted uses and structures.

Permitted uses and structures are as follows:

A. Farms and related farm activities.

B. Agricultural business establishments to service and supply farm equipment and supplies.

C. Single-family dwellings.

D. Churches and other similar places of worship, convents, cemeteries and related facilities or religious organizations recognized by the laws of the State of New York.

E. Municipal buildings.

F. Libraries.[1]

[1] Editor's Note: Former Subsection G, regarding adult entertainment uses, which immediately followed this subsection, was repealed 6-20-2007 by L.L. No. 3-2007.

G. Museums.

[Added 5-16-2012 by L.L. No. 4-2012]

H. Farm markets located in a county-adopted, state-certified agricultural district under Article 25-AA of the New York State Agriculture and Markets Law that are intended to sell products predominantly grown on the farm.

[Added 3-16-2016 by L.L. No. 2-2016]

I. Migrant labor camps, provided that they comply with all applicable federal, state and local regulations.

[Added 3-16-2016 by L.L. No. 2-2016]

J. On-farm wind energy systems erected and installed for the purpose of supplementing a farm's energy need, excluding the farm residence, of a farm operation located within a county-adopted, state-certified agricultural district under Article 25-AA of the New York State Agriculture and Markets Law.

[Added 3-16-2016 by L.L. No. 2-2016]

K. Nurseries and greenhouses in a county-adopted, state-certified agricultural district under Article 25-AA of the New York State Agriculture and Markets Law.[2]

[Added 3-16-2016 by L.L. No. 2-2016]

[2] Editor’s Note: Former Subsection L, regarding wineries, breweries and distilleries, added 3-16-2016 by L.L. No. 2-2016, which immediately followed, was repealed 1-16-2019 by L.L. No. 1-2019.

§ 160-19 Permitted accessory uses and structures.

A. Permitted accessory uses and structures are as follows:

(1) Customary farm buildings and structures for the storage of farm products and farm equipment.

(2) Private garages, attached or detached.

(3) Home occupations.

(4) Signs.

(5) Swimming pools.

(6) Roadside stands.

(7) Any other accessory buildings or uses customarily incidental to the permitted use or structure.

B. Side and rear setbacks.

[Amended 1-16-2019 by L.L. No. 1-2019]

(1) On lots that are five acres or less: No accessory structure shall be closer than 20 feet to the side lot line and 25 feet to the rear lot line.

(2) On lots that are over five acres: No accessory structure shall be closer than 40 feet to the side lot line and 45 feet to the rear lot line.

C. In addition to the foregoing, one or more nonpermanent, movable structures, not exceeding 64 square feet in size, may be placed not closer than five feet from the side yard lot lines and road rights-of-way, including, but not limited to, a dog house, garden shed, lawnmower storage shed or beach gear storage shed.

[Added 12-17-2008 by L.L. No. 6-2008]

§ 160-20 Special uses.

Special uses are as follows:

A. Mobile home parks. See Chapter 104, Mobile Homes and Mobile Home Parks.[1]

[1] Editor’s Note: Former Subsection A, regarding migrant labor camps, was repealed 3-16-2016 by L.L. No. 2-2016. This local law also provided for the redesignation of former Subsections B through L as Subsections A through K, respectively.

B. Excavation operations. See § 160-23.

C. Dog kennels (whether private or commercial), animal rescue/fostering facilities, veterinary clinics/veterinary offices and animal hospitals. See § 160-24.

[Amended 1-15-2020 by L.L. No. 1-2020]

D. Private airfields, landing strips or related facilities.

E. Campgrounds, parks. See § 160-22.

F. Public utilities.

G. Small retail service businesses, such as beauty parlors, antique shops, ceramics/pottery shops, neighborhood grocery stores, etc., that meet the requirements of Article IV, Article X and § 160-26 of Article V.

[Added 2-17-1977]

H. Off-season boat storage.

[Added 6-26-1991 by L.L. No. 1-1991]

I. Bed-and-breakfast.

[Added 3-10-1993 by L.L. No. 2-1993]

J. Mini storage buildings.

[Added 9-24-2003 by L.L. No. 5-2003]

K. Low-impact wholesale businesses meeting the standards of § 160-27.1.

[Added 9-17-2008 by L.L. No. 4-2008]

L. Restaurant or cafe associated with a winery, brewery or distillery. See § 160-27.2.

[Added 3-16-2016 by L.L. No. 2-2016]

M. Wineries, breweries and distilleries.

[Added 1-16-2019 by L.L. No. 1-2019]

§ 160-21 Area, yard and height restrictions; building coverage.

A. Area per establishment and lot dimensions.

(1) The minimum area per establishment shall be one acre, and the minimum width of the lot at the front building line shall be 100 feet. The minimum depth of the lot shall be 100 feet.

(2) Front yards. There shall be a front yard of not less than 30 feet.

(3) Side yards. There shall be two side yards with a total width of not less than 20 feet, and the width of the narrower of the two side yards shall not be less than 10 feet.

(4) Rear yards. There shall be a rear yard of not less than 20 feet.

B. Height. No building or structure shall have a height as defined herein of more than 35 feet, except as provided in Article IV, § 160-15B.

C. Maximum lot coverage. No lot coverage shall exceed 20%.

[Amended 3-16-2016 by L.L. No. 2-2016]

D. The minimum building square footage for a one-story dwelling structure shall be 600 square feet; for a one-and-one-half-story residential building or structure, 1,000 square feet; for a two-story residential building or structure, 1,200 square feet.

§ 160-22 Campgrounds.

A. The minimum area for a public or semipublic campground shall be 25 acres with not more than five travel trailers, campers, tents or motor homes per acre.

B. All campgrounds must meet all the requirements of the State of New York and other local agencies and must be approved by the appropriate health authorities prior to the issuance of a permit.

C. No campground shall allow mobile homes, travel trailers, campers, tents or motor homes as permanent residences.

§ 160-23 Excavation operations.

[Amended 2-15-2012 by L.L. No. 1-2012]

For all purposes of this chapter, "excavation operations" shall in no event be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are defined at § 160-141 of this chapter). Excavation operations, including the extraction of sand, gravel and topsoil and the processing or other operations for the preparation of sand and gravel, may be permitted in the Agricultural-Residential Use District of the Town of Jerusalem, provided that the following conditions and standards are observed and an advanced special use permit is received.

A. The minimum lot area for such use shall be five acres. All buildings and excavation operations shall be located or shall occur not less than 30 feet from any street or property lines. The Zoning Board of Appeals may require fencing or some similar effective barrier of six feet in height where excavations exceed four feet.

B. All buildings and structures used in such operations shall be dismantled and removed within 12 months following the termination of the operations. Such dismantling and removal shall be at the expense of the operator and shall be a condition of approval of its special use permit.

C. All equipment used for the extraction of sand and gravel and processing thereof shall be maintained and operated in such a manner as to eliminate, as far as practicable, noises, vibrations and dust conditions which are injurious or substantially annoying to persons living in the vicinity. A plan for storage and disposal of hazardous materials and waste materials, antifreeze, etc., from equipment used, serviced and/or stored on site shall be submitted with the special use request.

[Amended 3-16-2016 by L.L. No. 2-2016]

D. All buildings, structures and plants used for the processing of excavated materials shall be maintained so as to assure that such buildings, structures and plants shall not become dilapidated.

E. All areas which have been excavated must be rehabilitated in accordance with the standards set forth herein within one year of the termination of operations at the expense of the operator and shall be a condition of the approval of the special use permit.

(1) Excavations made to water-producing depth shall be properly sloped to the waterline with banks sodded or surfaced with soil of equal quality to adjacent land area topsoil. Such topsoil required under this section shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where revegetation is possible.

(2) Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible, solid material and in a topographic character which will result in general conformity to adjacent lands; such grading or backfilling shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land areas and planted with trees, shrubs, legumes or grasses upon the parts of such areas where revegetation is possible.

§ 160-24 Dog kennels (whether private or commercial), animal rescue/fostering facilities, veterinary clinics/veterinary offices and animal hospitals.

[Amended 1-15-2020 by L.L. No. 1-2020]

A. As used in this section, the following term shall have the meaning indicated:

REGULATORY AGENCIES

USDA (United States Department of Agriculture), NYS A&M (New York State Department of Agriculture and Markets) and/or NY PPBA (New York Professional Pet Breeder Association).

B. The Zoning Board of Appeals may not grant special use permit approval for a dog kennel (whether private or commercial), animal rescue/fostering facility, veterinary clinic/veterinary office or animal hospital unless the Planning Board has first issued final approval for a site plan in accordance with this chapter for such proposed special use.

C. The following standards apply to all dog kennels (whether private or commercial), animal rescue/fostering organization facilities, veterinary clinics/veterinary offices and animal hospitals.

(1) The minimum lot area for all dog kennels, animal rescue/fostering organization facilities, veterinary clinics/veterinary offices or animal hospitals shall be a minimum of five acres and shall conform to all requirements of the zoning district for principal uses.

(2) No new structure to house dogs within a kennel, rescue/fostering organization facility, veterinary clinic/veterinary office or animal hospital shall be closer than 100 feet to any front, side or rear property line. No outdoor area enclosed by fences for the use of dogs shall be permitted within a front yard. All outside runs enclosed by fences for the use of dogs shall be set back not less than 200 feet from any side or rear property line.

(3) Housing and exercise areas shall be maintained daily as a clean and waste-free environment.

(4) No excrement, manure or other odor- or dust-producing substance shall be stored or disposed of within 100 feet of any lot line.

(5) A waste management plan shall be submitted at the time of application, showing appropriate measures for the storage, disposal, treatment of all waste, manure and contaminated materials that meets the approval of all applicable regulatory agencies.

(6) The applicant shall submit and maintain proof of compliance with licensing requirements of all applicable regulatory agencies.

(7) The applicant shall comply with the requirements of all applicable regulatory agencies for disposal of deceased dogs.

(8) The applicant shall submit a site plan including adequate plantings and buffering that will be provided and maintained to minimize the impact of inherent nuisance such as noise and odor.

(9) The applicant shall submit a plan for humane retention or adoption of breeding female dogs once they are past prime breeding age, and have a record kept of the placement. Dogs shall also be neutered or spayed at retirement.

(10) A maximum of eight breeding (adult) female dogs will be allowed.

(11) Each applicant for a kennel or dog facility described above shall provide the name of a fully certified veterinarian who has agreed to attend animals that are to be housed at said kennel or dog facility and submit a letter from that veterinarian containing the following:

(a) Confidence in the applicant's ability to properly care for the number of breeding dogs requested in the facility as designed.

(b) Instructions for the breeder in proper technique and equipment for any procedure that the breeder is allowed to perform by law.

(12) Flooring for the dog kennel or facility shall be either solid or plastic coated wire flooring with a minimum of 50% solid flooring which may be required upon the recommendation of any of the regulatory agencies. Plastic wire covered flooring is permitted as long as the gauge of openings is small enough to prevent injuries for the size of dog being housed.

D. Inspections.

(1) Prior to commencement of use, the structure shall be inspected by the Code Enforcement Officer for compliance with all laws, ordinances, rules and regulations applicable. Inspection reports from USDA inspector shall be copied and supplied to the Zoning Office.

(2) The owner/operator shall allow inspections by the Code Enforcement Officer of the Town of Jerusalem of the operation at unannounced times to insure compliance with all conditions and requirements set forth by the Town of Jerusalem.

(3) A written report by Code Enforcement Officer shall be filed in Town offices of any inspection.

(4) Violations shall be enforced by the Code Enforcement Officer and/or any of the applicable regulatory agencies in accordance with Article XVI of this chapter.

E. Preexisting dog kennel and breeding facilities.

(1) Preexisting facilities shall be reviewed under special use permit process and shall be allowed to function at previously approved capacity.

§ 160-25 Private airfields and landing strips.

All private airfields and landing strips shall comply with the regulations of the appropriate federal and state agencies and shall require a special use permit.

§ 160-26 Small retail service businesses.

[Added 2-17-1977]

Small retail service businesses shall be defined as those businesses of a retail nature which provide a localized service to the public. Such businesses shall be small in nature and shall not be considered to be of a manufacturing or wholesale character. Such businesses shall meet the following conditions:

A. When the business structure is located within 200 feet of a residential or otherwise incompatible use, there shall be adequate screening on the business property to reduce noise, eliminate unsightliness, reduce dust, etc.

B. There shall be adequate ingress and egress lanes (wide enough, open view of road, etc.) from the parking lot of the business.

C. The use shall be relatively compatible with nearby developments.

D. The use shall be designed, located and proposed to be for the advantage of the health, safety, welfare and convenience of the public.

E. Noises shall not be generated that will be injurious to neighbors or neighboring developments.

F. Other environmental conditions, such as vibration, radioactivity, odor, toxicity, visual glare, excessive heat, dust, flyash and smoke that cause danger or harm to the neighboring properties shall not be permitted.

§ 160-27 Off-season boat, vehicle and camper storage.

[Added 6-26-1991 by L.L. No. 1-1991; amended 6-17-2009 by L.L. No. 3-2009; 3-16-2016 by L.L. No. 2-2016]

A. No more than one building devoted to off-season boat, vehicle and/or camper storage is allowed on lots of one acre or less. On lots in excess of one acre, there may be as many buildings devoted to off-season boat, vehicle and/or camper storage as the lot will accommodate. In both cases, all applicable standards contained in this Chapter 160 must be satisfied.

B. The owner/applicant shall complete a short environmental assessment form and submit it with an application for a special use permit to the Zoning Board of Appeals. The application shall include a plan for storage and disposal of hazardous waste from motorboats.

C. Every such building shall be used only for the off-season boat, vehicle and/or camper storage and uses customarily related to agriculture.

D. Boats, vehicles and campers shall be stored inside the walls.

E. The dimensions of buildings constructed or substantially altered after the effective date of the local law enacting this new Subsection E, which are to be used for off-season boat, vehicle and/or camper storage, shall not exceed 35 feet in height and 9,000 square feet in horizontal area.

F. No boat, vehicle and/or camper storage structure shall be closer than:

(1) Fifty feet to the front lot line.

(2) Forty feet to the side lot line.

(3) Forty-five feet to the rear lot line.

G. Servicing of boats, vehicles and campers shall include only storage-related maintenance, not repairs or storage of parts and accessories for resale nor sale of new or used boats, vehicles and/or campers.

H. Hours of operation are limited to between sunrise and sunset.

I. Appropriate landscape and/or shrubbery screening sufficient to provide a visual barrier from immediate neighbors as deemed necessary by the reviewing agency shall be provided.

J. Regarding glare, lighting shall be compatible and in harmony with adjoining neighbors and the character of the area.

K. Driveways shall be of sufficient width (12 feet).

L. The use shall be designed, located and proposed to be for the health, safety, welfare and convenience of the public.

M. Noises shall not be generated that will be injurious to neighbors or neighboring developments.

N. All buildings under use for off-season boat, vehicle and/or camper storage as such shall be required to meet the minimum standards of the Uniform Fire Prevention and Building Code. Furthermore, buildings listed on the permit under this special use are subject to an annual inspection for this purpose, with an inspection fee determined by the Jerusalem Town Board. If there is a report of a violation, the Code Enforcement Officer may conduct additional inspections as needed to investigate the violation.

§ 160-27.1 Low-impact wholesale businesses.

[Added 9-17-2008 by L.L. No. 4-2008]

A. A low-impact wholesale business shall comply with the following standards:

(1) The lot shall be no less than two acres in size.

(2) The primary building of a low-impact wholesale business shall not be:

(a) Larger than 3,000 square feet in size.

(b) Greater than 35 feet in height.

(c) Closer than 30 feet to the front lot line.

(d) Closer than 40 feet to a side lot line.

(e) Closer than 45 feet to the rear lot line.

(3) Accessory structures shall comply with the dimensional requirements otherwise applicable in the AGR District.

(4) The exterior siding and style of construction of all buildings shall be compatible with other buildings in the area in which the business is located.

(5) No manufacturing or assembly of products shall occur out-of-doors.

(6) Retail space, if any, is not to exceed 10% of the total floor area of the building.

(7) The provisions of § 160-16 of this chapter regarding off-street parking shall apply.

(8) Traffic lanes for ingress and egress to and from the parking lot of the business shall be sufficiently wide and have adequate visibility so as to furnish safe passage by motor vehicles.

(9) Storage of materials and finished goods shall be indoors unless adequate, attractive screening as determined by the Zoning Board, is provided to hide the same from neighbors and persons using the highway.

(10) Appropriate landscaping or shrubbery may be required by the Zoning Board in order to eliminate unsightly aspects of the business from its immediate neighbors.

(11) Exterior lighting shall be compatible with the surrounding neighborhood and the character of the area. Glare shall be kept to a minimum by directional, downward lighting.

(12) The business shall be reasonably compatible with nearby properties.

(13) In order to ensure the compatibility of the business with its surrounding neighbors, the Board may establish reasonable hours of operation of the business as a condition of the special permit.

(14) Environmental conditions, such as (without limitation) vibration, noise, radioactivity, odor, visual glare, smoke, dust, fly ash and excessive heat, that endanger or harm the neighbors or neighboring properties shall not be permitted.

B. Application. The applicant shall submit an application for the special use permit to the Code Enforcement Officer, who shall forward it to the Zoning Board of Appeals. The application shall include a plan for the disposal of hazardous waste (if any). The application shall be accompanied by the appropriate fee and an environmental assessment form.

C. Inspections. Applicants are reminded that all buildings must meet the minimum standards of the Uniform Fire Prevention and Building Code. They are subject to inspection for this purpose. The Town Board may establish a fee for such inspections by resolution from time to time. If there is a report of a violation, the Code Enforcement Officer may inspect the facility at his or her discretion.

§ 160-27.2 Restaurant associated with a winery, brewery or distillery.

[Added 3-16-2016 by L.L. No. 2-2016]

Under this special use, a small restaurant or cafe business may be a part of a winery, brewery or distillery provided it meets the following conditions:

A. Such a restaurant shall be 1,000 square feet or less in area, shall have a seating capacity not to exceed 50 people and shall not be considered to be of a wholesale food preparation character.

B. The winery, brewery or distillery with which the restaurant is associated shall sell and serve on site its own wines, beers or spirits, as applicable.

C. The winery, brewery or distillery with which the restaurant is associated shall use local products in the manufacturing of its products and shall be licensed by the New York State Liquor Authority.

D. The restaurant shall be open during, and not to exceed, the normal operating hours of the winery, brewery or distillery.

E. Parking spaces shall be available at a rate of one space per 50 feet of serving space in the restaurant. There shall be adequate ingress and egress lanes (wide enough, open view of road, etc.) from the parking lot of the business.

F. The use shall be compatible with the general character of the Town, the Agricultural - Residential district and with nearby developments.

G. The use shall be designed, located and proposed to be for the advantage of the health, safety, welfare and convenience of the public.