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.
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.
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.
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.
[Added 3-16-2016 by L.L.
No. 2-2016]
Special uses are as follows:
A. Mobile home parks. See Chapter
104, Mobile Homes and Mobile Home Parks.
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.
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]
[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.
[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.
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.
[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.
[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.
[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.
[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.