[Amended 9-1-2011 by L.L. No. 7-2011]
A.
The purpose of the Agricultural Use District is to ensure that agriculture
shall be the primary land use, to promote the vitality of agriculture
in the Town of Lima as an essential element in the economic stability
and growth of the Town, to preserve the rural character of the Town,
to assure compatible types and densities of development on and adjacent
to lands that are used for agricultural pursuits and, in keeping with
the declared policy of the state, pursuant to New York State Agriculture
and Markets Law, Article 25-AA, § 300, to conserve, protect
and encourage the development and improvement of its agricultural
land for production of food and other agricultural products and to
conserve and protect agricultural lands as valued natural and ecological
resources which provide needed open spaces for clean air sheds, as
well as for aesthetic purposes.
B.
Persons and entities not engaged in agricultural pursuits in the
agricultural zone should be aware that the primary intention of the
zone is to permit any agricultural practice determined to be a sound
agricultural practice by the New York State Commissioner of Agriculture
and Markets pursuant to New York State Agriculture and Markets Law,
Article 25-AA, § 308, including but not limited to practices
necessary for on-farm production, preparation and marketing of agricultural
commodities, such as the operation of farm equipment, proper use of
agricultural chemicals and other crop protection methods, direct sale
to consumers of agricultural commodities or foods containing agricultural
commodities produced on farm, and construction and use of farm structures.
Such practices may generate dust, smoke, odor, noise and vibration.
During growing seasons, machinery may be operated at other than daylight
hours.
C.
Accordingly, any person or entity residing or working in an agricultural
zone should anticipate these types of concerns and recognize that
such are the by-product of zoning in an area in the Town where agricultural
endeavors are encouraged to thrive.
D.
To the extent buffer areas may be required by a planning or zoning
board, the intention of such buffers is to reduce the potential for
conflicts between farming and nonfarming uses. No agricultural land
should be taken out of production to provide required buffer areas
unless no other practical possibility exists to reduce such potential
conflict, and in such instance, all practical accommodations should
be expended to reduce the impact on the agricultural land in production.
Agricultural zones are also areas of the Town where it is unlikely
public water or sewer will be made available, so as to reduce the
economic pressures for development that often flow from the introduction
of such facilities. Consequently, persons acquiring property in agricultural
zones should not expect such public facilities to be provided.
[Amended 9-1-2011 by L.L. No. 7-2011]
In the A Agricultural Use District, no building or other structure
or land shall be used and no structure or other building shall be
built, altered or erected for any other purpose other than the following:
A.
Agricultural operations, including but not limited to agriculture and agribusiness enterprise as defined in § 250-9 hereof, and the general purposes reasonably associated with the pursuit of farming.
B.
A one-family dwelling, including the following accessory uses and
buildings:
(1)
Accessory use of building, as defined herein.
(2)
Keeping of not more than three transient roomers and boarders.
(3)
Outdoor storage of not more than one each of the following: boat,
boat trailer, camp trailer, or cargo trailer owned for personal use
by a resident on the premises.
(4)
Private garage or open parking for operative passenger vehicles of
person visiting or residing on the premises.
(5)
Playhouse, toolhouse or garden house.
(6)
Private swimming pool not operated for gain.
(7)
Private stable or hobby farm, subject to the following requirements:
(a)
The private stable shall be an accessory use incidental to a
private dwelling located on the same premises or an adjoining parcel
owned by the same party.
(b)
Horses or other livestock may be kept exclusively for the use
of the residents of the private dwelling and their nonbusiness guests;
no boarding of animals for remuneration shall be permitted.
(c)
The minimum lot size of a parcel used for private stable or
hobby farm purposes shall be three acres. If one lot contains fewer
than three acres but adjoins another lot owned by the same party which
together would measure more than three acres in area, it shall be
permitted for such lot to be used for the purposes of a private stable
or hobby farm, provided that the total area devoted to such purpose
under one common ownership is at least three acres in area.
(d)
All pastures and paddocks utilized in connection with a private
stable or hobby farm shall be securely fenced.
(e)
Manure or other similar material or substance produced or resulting
from private stable or hobby farm usage of a parcel, and which creates
or causes offensive odors, shall be stored at least 50 feet from any
parcel lot line or street line and shall be located in a dry, level
area away from slopes, streams, ditches, flood-prone areas and wetlands.
(f)
No structure housing or sheltering animals shall be placed within
any required building setback area.
C.
Agricultural borrow pit, operated as an accessory use to and for
the purpose of supplying borrow materials to an ongoing agricultural
operation.
D.
Agribusiness enterprises. Agribusiness enterprises open to the general public and engaged primarily in retail sales shall be subject to Article XV, Site Plan Review.
F.
Public utilities installation, including electric transmission lines.
G.
Public parks.
H.
Playgrounds.
I.
Golf courses.
J.
Camps, limited to seasonal occupancy as defined herein and subject to the requirements of § 250-16.
L.
Rod and gun clubs.
R.
The following uses permitted with a special use permit, subject to the procedures and criteria in § 250-65:
(1)
Wineries, breweries, cideries and distilleries, including wine, beer and liquor production facilities, sales and display areas, recreational, educational and entertainment activities operated in conjunction with and as part of an overall direct marketing strategy for the winery, brewery or distillery, including facility tours, tastings, the on-site processing and sale of prepared foods in support of marketing wine, beer or liquor, as well as public and private parties and special events such as festivals and receptions hosted for the purpose of promoting the marketing or sale of wines, beer or liquor produced on premises, subject to Article XV, Site Plan Review.
[Amended 4-6-2021 by L.L. No. 1-2021]
(3)
Cemetery, crematorium or mausoleum.
(4)
Church or parish house.
(5)
Clubhouse, as herein defined, without facilities likely to occasion
a nuisance in a residential neighborhood by reason of noise or other
objectionable features.
(6)
Educational institution, including nursery school, primary school,
secondary school, or vocational school.
(7)
Electric substation, telephone exchange, or similar public utility
structure or use.
[Amended 4-3-2014 by L.L. No. 2-2014]
(8)
Radio or television transmission facilities and the customary appurtenances.
(10)
Two-family and semidetached dwellings.
[Amended 12-1-2011 by L.L. No. 11-2011]
(11)
Private parks.
(12)
Private athletic fields, private swimming pool or other recreation
facility not operated for profit.
(13)
Bed-and-breakfast.
(14)
Kennels.
S.
Firewood production and sales, subject to Article XV, Site Plan Review, excepting as such use may be exempt under the New York State Agriculture and Markets Law.
[Added 4-6-2021 by L.L. No. 1-2021]
(1)
All
firewood production and sales shall be an accessory use to an existing
one-family dwelling, farm or an agricultural operation.
(2)
Firewood
production and sales shall not take place excepting on a parcel that
is a minimum of five acres in size.
(3)
All
firewood production and sales shall be restricted to daylight hours.
[Amended 4-3-2014 by L.L. No. 2-2014]
Explicitly prohibited uses, and any use not specifically set forth in § 250-11 above as a permitted use (as of right, accessory, or upon special permit, as the context may admit), shall be prohibited within Agricultural Use Districts A.
A.
Area per establishment and lot dimensions. The minimum area per establishment
shall be 2.5 acres, and the minimum width of the lot at the front
building line shall be 200 feet, unless smaller lots are approved
by the Planning Board as part of a conservation subdivision.
B.
Front setbacks. No part of a building, other than an open porch,
steps, eaves and cornices and similar fixtures, shall extend nearer
to the street line than 50 feet or nearer to the center line of a
street than 75 feet, whichever distance requires the greater setback
from the street line.
C.
Rear setbacks. There shall be a rear setback of not less than 50
feet.
D.
Side setbacks. There shall be two side setbacks, each having a width
of not less than 20 feet.
E.
Height. For each foot that the height of a building or other structure
exceeds 35 feet, the total width of the two side yards shall be increased
by two feet.
F.
Existing farmstead dwellings.
[Added 9-1-2011 by L.L. No. 8-2011]
(1)
An existing farmstead dwelling is defined for purposes of this chapter
and article only as a dwelling built on or before January 1, 2011,
which dwelling or home is or was, when built, part of a farm or farming
operation and built or constructed in furtherance of the operation
of the farm. A farmstead dwelling would have been constructed and
occupied by the farm owner and/or farm owner's family or employees
as a permanent component of the farm and its buildings and structures.
(2)
The area and setback requirements of this section may be varied for
the purpose of creating a new one-family residential parcel (tax identifier
map parcel) for a farmstead dwelling in existence as of January 1,
2011, and thereby reduce present lot area and/or setback requirements
of this chapter if the area not required to be included in the new
residential parcel is retained as an integral part of the parcel from
which it was subdivided (the "parent" parcel). Such land retained
shall remain in active agricultural usage as part of the parent parcel
from which the residential parcel is subdivided.
(3)
In no event may the new parcel be smaller in area than one acre or
have frontage on a public road of less than 100 feet. In order to
qualify for the lot area reduction or setback variance, an applicant
must present a professionally prepared drawing or instrument survey
map of the parcel containing the farmstead dwelling that shall show
the location of the farmstead dwelling, any other existing buildings
or structures, the location of the water well, and the location of
the septic tank and sanitary septic system leach lines, which said
drawing or map must be found to be reasonably acceptable to the Code
Enforcement Officer. The Code Enforcement Officer and/or the Town
Board shall be authorized from time to time and as necessary to prepare
an application form for this purpose, which form may detail the specific
requirements of the drawing or map as well as any other information
reasonably necessary to determine if an applicant's lot may qualify
for the area and/or setback reductions authorized by this article.
(4)
After demonstrating compliance with the threshold requirement that such farmstead dwelling parcel can be designed without concern for the proper and efficient use and replacement of the water well and sanitary septic system and leach lines, the applicant shall be required to apply for and obtain a variance as set forth in § 250-100C of the chapter. No variance of lot area or setback requirements may be granted by the Zoning Board of Appeals unless the applicant can demonstrate to the reasonable satisfaction of the reviewing boards that such lot area or setback reduction or variance granted will not affect the proper use, operation and maintenance of private well water and sanitary septic system installations and infrastructure upon the lot. The Zoning Board of Appeals shall be charged with the duty of balancing the objectives of conserving arable land and keeping it in or returning it to agricultural use and maintaining sufficient and reasonably appropriate setback and area values for the farmstead dwelling lot.
[Amended 9-1-2011 by L.L. No. 7-2011]
A.
No private garage or other accessory building shall be placed closer
to a side or rear property line than 10 feet, closer to the street
line than 10 feet to the rear of the rear main wall of the principal
building and, on a corner lot, closer to the street line of the side
street than 90 feet. No barn shall be placed on a property closer
than 100 feet from any street line, closer than 50 feet to any side
or rear lot line that is not also a street line, closer to the street
line than 10 feet to the rear of the rear main wall of the principal
building and, on a corner lot, closer to the street line of the side
street than 90 feet.
B.
Allowable exceptions to the above requirements for accessory buildings to be built on steep slopes are as provided by § 250-67.
C.
A private stable shall be allowed as an accessory use to a private residential dwelling or hobby farm, as set forth in and regulated by § 250-11B(7) of this chapter, in an agricultural use district.[1]
[1]
Editor's Note: Former Subsection D, pertaining to the erection
or use of a barn or agricultural outbuilding, as amended 9-1-2011
by L.L. No. 7-2011, which immediately followed this subsection, was
repealed 12-1-2011 by L.L. No. 11-2011.
Any hunting and fishing cabin shall be placed not less than
250 feet from any property or access road line, other than a property
line which is the shore of a lake or stream. In this last instance,
there is no requirement in this connection. No sewage disposal facility
shall be closer than 100 feet from any lake or river shoreline.
All structures accessory to camps shall be placed not less than
500 feet from any property line other than a property line which is
the shore of a lake or stream. In this last instance, there is no
requirement in this connection. No sewage disposal facility shall
be closer than 100 feet from any lake or river shoreline. When access
to such facilities is by a private right-of-way or easement, it shall
be acknowledged that the private right-of-way or easement is not a
public road or street and that the Town is not liable for the construction
or maintenance of any such private right-of-way or easement.
No driveway center line shall intersect a street line less than
40 feet from the intersection of any two street lines.
A.
Farm stands. A farm stand, as defined in this chapter, shall be a
permitted accessory use in an agricultural district, subject to the
following regulations:
(1)
No more than one structure of temporary and movable nature shall
be permitted, not to exceed 200 square feet in total floor space area.
(2)
Ground display area of agricultural products shall be immediately
adjacent and appurtenant to any farm stand structure and shall not
exceed 400 square feet in area.
(3)
Any structure and/or ground display shall be located outside the
public highway right-of-way, but in all cases shall be located no
closer than 25 feet from the edge of the pavement of the adjacent
public road.
[Amended 9-1-2011 by L.L. No. 7-2011]
(4)
Sales shall be limited to vegetables, fruits, syrups, jams and jellies,
juices, honey, baked goods and other foodstuffs grown or produced
as part of a home occupation, provided that at least 70% of the bulk
or volume of the wares displayed for sale shall be vegetative agricultural
products, maple syrup or honey grown or produced upon the premises
where such farm stand is situated.
[Amended 9-1-2011 by L.L. No. 7-2011]
(5)
No roadside stand shall be placed in a manner that limits the sight
distance available to the motoring public or that in any other way
obstructs their vision while driving, and furthermore, adequate safe
parking shall be provided.
[Amended 9-1-2011 by L.L. No. 7-2011]
(6)
Farm stand sales shall be permitted between 8:00 a.m. and 8:00 p.m.
During those times or seasons of the year when such farm stand is
not operational, it shall be either dismantled or removed from the
location to an area or a building upon the lands of the proprietor
where such structure would be permitted. At all times of the year,
however, farm stands visible from the public rights-of-way shall be
maintained in a safe and attractive manner.
[Amended 9-1-2011 by L.L. No. 7-2011]
B.
Farm markets. A farm market, as defined in this chapter, shall be
a permitted accessory use in an agricultural district subject to the
following regulations:
(1)
Building and structures.
(a)
No farm market, whether in a shared structure or freestanding
structure, shall have more than 1,500 square feet of retail sales
and display area, including any areas under porch roofs or other structures
with roofs. Greenhouses and other structures utilized for production
of plants but which may still be open to the public, or areas under
cultivation open to the public, such as "U-Pick" operations, are excluded
from the limitation on size of retail sales and display area.
[Amended 9-1-2011 by L.L. No. 7-2011]
(b)
No farm market structure or associated parking areas shall be
located within any front, side or rear yard setback areas of the property.
[Amended 9-1-2011 by L.L. No. 7-2011]
(c)
One preexisting barn or similar enclosed and roofed freestanding
structure or a portion thereof may be used as the farm market structure
in lieu of a new building, subject, however, to compliance with all
local and state building and safety codes, rules and regulations.
If only a portion of said preexisting structure shall be used to house
the farm market, the portion to be utilized shall be walled or structurally
divided from the remainder of the interior of the structure in order
to meet the authorized size limitation of 1,500 square feet. Notwithstanding
the foregoing, any preexisting structure or portion thereof to be
used as the farm market structure shall also be required to comply
with the front and side setback requirements set forth in this subsection
and all other use and operation regulations and requirements set forth
in this chapter.
(2)
Outdoor or ground display of vegetative agricultural products. Except
for products on display under porches or other structures with roofs,
or in greenhouses and open fields or gardens, no more than 1,500 square
feet of outdoor or ground display of products shall be permitted.
Furthermore, no more than 200 square feet of the above 1,500 square
feet of outdoor or ground display shall be permitted within any front
yard area of the property. No outdoor or ground display of products
shall be permitted within any public right-of-way.
[Amended 9-1-2011 by L.L. No. 7-2011]
(3)
Paved, gravel or other all-weather-surface off-street parking facilities
shall be provided. A minimum of one parking space for each 300 square
feet of indoor and outdoor retail display area shall be provided.
No parking shall be permitted within any front, side or rear yard
areas of the property. No single dimension of the parking area shall
exceed 150 linear feet.
[Amended 9-1-2011 by L.L. No. 7-2011]
(4)
One permanent sign conforming to the requirements set forth in this
chapter shall be allowed.
(5)
No more than 30% of the bulk or volume of the products or wares displayed
for sale at any farm market shall be agricultural accessory products
as defined in this chapter. At least 50% of the bulk or volume of
the wares displayed for sale within the farm market structure shall
be agricultural products, maple syrup or honey grown or produced upon
the premises where such farm market is situate and upon other lands
owned or leased by the farm market proprietor situate within the Town
of Lima and contiguous farmlands owned or leased by the farm market
proprietor in adjoining towns. The site of the farm market must be
one of the sites within the Town of Lima upon which the agricultural
products are grown.
[Amended 9-1-2011 by L.L. No. 7-2011]
