Town of Macedon, NY Article IX AR-40 Agricultural/Residential District

§ 300-61 General.

In an AR-40 Agricultural/Residential District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following.

§ 300-62 Permitted principal uses.

[Amended 5-11-1995 by L.L. No. 2-1995]

Permitted principal uses shall be as follows:

A. Single-family dwellings, not to exceed one principal structure per lot.

B. The raising, storing and packing of field, garden, orchard, nursery and vineyard crops and their sale, except that no farm building shall be erected on any plot of less than 10 acres.

C. The keeping, breeding and raising of cattle (including dairies), sheep, goats and horses operated in conjunction with and necessary to the operation of a farm as defined herein and subject to the following restrictions:

(1) No structure housing up to five such animals shall be located closer than 100 feet to any street or property line.

(2) No structure housing more than five such animals shall be located closer than 150 feet to any street or property line.

(3) Wet litter disposal operations shall be permitted only under the following conditions:

(a) All buildings containing wet litter shall not be any closer than 150 feet to any street or property line and no closer than 750 feet to the nearest residential building on an adjacent lot.

(b) The storage of manure shall be subject to Planning Board approval, which may be granted after consideration of the applicable guidelines of the Natural Resources Conservation Service.

[Amended 6-25-2020 by L.L. No. 3-2020]

(4) The keeping, breeding and raising of pigs and fowl shall be done in conjunction with and incidental to the operation of a farm as defined herein and subject to the following restrictions:

(a) All pigs and fowl shall be confined in shelters which are located no closer than 150 feet to any street or property line.

(b) Wet litter disposal operations shall be permitted only under the following conditions:

[1] All buildings containing pigs, fowl or litter shall not be any closer than 150 feet to any street or property line and no closer than 750 feet to the nearest residence building on an adjacent lot.

[2] The storage of manure shall be subject to Planning Board approval, which may be granted after consideration of the applicable guidelines of the Natural Resources Conservation Service.

[Amended 6-25-2020 by L.L. No. 3-2020]

§ 300-63 Permitted accessory uses.

[Amended 5-11-1995 by L.L. No. 2-1995]

Permitted accessory uses shall be as follows:

A. One attached private garage or carport with a maximum capacity of 1,000 square feet for the parking of automobiles of residents on the premises.

[Amended 2-24-2005 by L.L. No. 6-2005]

B. Customary detached accessory structures serving residential uses, including, but not limited to, private swimming pools, storage structures, sheds, pole barns, detached garages, greenhouses, pet shelters and fireplaces, all subject to the following provisions:

[Amended 2-24-2005 by L.L. No. 6-2005]

(1) No more than two detached accessory structures may be located on any one parcel of land in a residential district. Detached accessory structures with less than 100 square feet of floor area shall not be included in determining the number of accessory structures on a property.

(2) The aggregate lot coverage by accessory structures shall not exceed 15% of the lot.

(3) No accessory structure may exceed the gross square footage of the principal structure, not including any attached garage or basement areas.

(4) No detached accessory structure in a residential district shall exceed 24 feet in height.

(5) Detached accessory structures shall be located in the rear yard and subject to the setback requirements of Schedule I.[1]

[1] Editor's Note: Schedule I is included as an attachment to this chapter.

(6) Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard.

C. Customary farm accessory structures for the storage of products or equipment are subject to the provision of this chapter up to a maximum height of 35 feet; provided, however, that silos are exempt from height restrictions.

D. The keeping, breeding and raising of cattle, sheep, goats, pigs, fowl and horses associated with residential uses subject to the following restrictions:

[Amended 2-24-2005 by L.L. No. 6-2005]

(1) No stable, similar animal housing or confining areas shall be allowed on lots of less than five acres.

(2) No structure housing up to five animals shall be located closer than 100 feet to any street or 50 feet to any side or rear property line. No structure housing more than five animals shall be located closer than 150 feet to any street or 100 feet to any side or rear property line.

(3) No stable or similar animal housing structure shall exceed 1,500 square feet of floor area.

(4) Large animals such as horses and cattle shall not exceed one animal per acre of land, with five acres minimum required.

(5) Small animals such as sheep, goats, fowl and pigs, shall not exceed four animals per acre of land, with five acres minimum required.

E. Off-street parking, fencing and signs in accordance with the provisions of this chapter.

F. Farm markets and farm stands for the display or sale of agricultural and nursery products grown principally by the operator, subject to the following restrictions:

[Amended 12-19-1996 by L.L. No. 6-1996; 6-25-2020 by L.L. No. 3-2020]

(1) The farm must have 10 acres and be a working active farm.

(2) Farm markets and farm stands shall not exceed 2,000 square feet of floor area.

(3) Structures shall conform to the minimum setback requirements for accessory buildings in this district as specified in Schedule I.[2]

[2] Editor's Note: Schedule I is included as an attachment to this chapter.

(4) Not more than 40% of the total sales floor area shall be for the display and sale of products produced off site and not less than 60% sale floor area for products produced on site. These products must be produced by the farm market owner.

(5) Incidental uses shall include the sale of jams, jellies, baked items and ice cream, as well as accessory items with a demonstrable tie to agricultural products sold. These products must be non-brand-name cottage products with a nonbrand packaging.

(6) Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site or as required in Article XXII, § 300-188, of this chapter.

G. Farm stands of a nonpermanent nature (movable and temporary) may be utilized for the sale of agricultural products grown solely by the operator during the harvest season under the following conditions:

[Amended 12-19-1996 by L.L. No. 6-1996]

(1) The stand shall be set back not less than 30 feet from the edge of the right-of-way line.

(2) Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site.

(3) Such stands (including signs associated with such uses) shall be removed and appropriately stored within 10 days of the end of the harvest season.

H. The placement of any antenna shall conform to the setback, height and location requirements pertaining to an accessory structure in the relevant district.

I. Other accessory uses not specified herein may be approved by the Planning Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter. The Town Board shall request an advisory opinion from the Planning Board prior to acting on a request for an accessory use which is not specifically identified.

§ 300-64 Dimensional requirements.

The dimensional requirements for this district are specified in the Zoning Schedule I which is a part of this chapter.[1]

[1] Editor's Note: Schedule I is included as an attachment to this chapter.

§ 300-65 Special uses.

[Amended 5-11-1995 by L.L. No. 2-1995]

The following uses may be permitted consistent with the provisions of Article XXI, provided that a special use permit is approved by the Town Board:

A. Essential services, excluding power plants.

B. Commercial excavation operations.

C. Private airstrips.

D. Camping grounds.

E. Public and semipublic uses and buildings.

F. Small businesses.

G. Commercial recreation low-density uses.

H. Planned business centers.

§ 300-66 Additional uses and requirements.

The following additional uses may be permitted in the AR-40 Agricultural/Residential District upon approval of the Planning Board and compliance with the requirements of this chapter and the additional development standards:

A. Home occupations and home professional occupations. The Planning Board may approve home occupations and home professional occupations in this district, provided that the following standards are maintained:

(1) No more than one person other than a member of the immediate family occupying such dwelling shall be employed as part of the home occupation or home professional occupation.

(2) A home occupation or home professional occupation must be conducted within a dwelling which is bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. Such home occupations may occupy either up to 30% of the gross floor area of the residence to be used for the conduct of the home occupation or up to 40% of the floor area of an accessory structure but not both.

(3) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.

(4) No outdoor display of goods or outside storage of equipment or materials used in the home occupation or profession shall be permitted.

(5) No sign shall be permitted except in accordance with the provisions of Article XXIII.

(6) Off-street parking shall be provided in accordance with Article XXII.

(7) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

(8) Not more than one home occupation or profession shall be permitted for each residential property.

B. Kennels and veterinary animal clinics or offices. The Planning Board may approve kennels and veterinary clinics or offices in this district provided that the following standards and provisions are maintained:

(1) The minimum lot area for kennels and veterinary animal clinics and offices with facilities for exterior runs shall be five acres. For veterinary animal clinics or offices without facilities and space for exterior runs, the minimum lot area shall be one acre.

(2) No structure to house animals within a kennel shall be closer than 250 feet to any street or property line.

(3) No outdoor area enclosed by fences for the use of animals shall be permitted within a front yard. All enclosed fence areas shall be setback not less than 150 feet from any side or rear property line.

(4) The Planning Board shall review and approve the structure, capacity, location, lighting, parking, landscaping and buffer screening to be provided.

C. Rooming houses. The Planning Board may approve rooming houses in this district, provided that the following standards and provisions are maintained:

(1) No rooming house shall provide shelter for more than four tenants who are not family members.

(2) Off-street parking shall be provided as follows: at least two spaces for the family residing on the premises plus not less than one additional space for each roomer.

D. Windmills. The Planning Board may approve windmills in this district, provided that the following standards and provisions are maintained:

(1) In addition to the application requirements specified for site development permits in § 300-12, the site plan proposals for a windmill or wind generator shall also show:

(a) Location of tower on site and tower height, including blades, rotor diameter and ground clearance.

(b) All utility lines both above and below ground within a radius equal to the proposed tower height, including blades.

(c) Dimensional representation of the various structural components of the tower construction, including the base and footings.

(d) Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

(e) Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures.

(2) No windmill, including blades, shall extend more than 75 feet above the average ground level measured at the base of the tower.

(3) No more than one windmill or tower shall be permitted as an accessory use to any property.

(4) No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.

(5) Access to the tower shall be limited either by means of a fence six feet high around the tower base, with a locking portal, or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

(6) No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Planning Board indicating the degree of expected interference and the possible effect on the microwave communications link.

(7) Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.

(8) All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized references should be used as a guide in siting the location or towers.

(9) No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.

(10) If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnection by the local power company.

(11) Towers shall be located in either a rear or side yard. Applicants seeking a side yard siting shall demonstrate that such a location is essential to the viability of the proposed investment.

(12) Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.

(13) All windmills shall be designed with an automatic brake to prevent over-speeding and excessive pressure on the tower structure.

(14) The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.

E. Stables or riding academies. The Planning Board may approve the use of land and buildings for stables for the commercial boarding of horses or riding academies in this district, provided that the following standards and provisions are maintained:

(1) No site preparation or construction shall commence, nor shall existing structures be occupied until final site development plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

(2) The land devoted to this use shall not be less than 20 contiguous acres.

(3) The permitted use may include any of the following:

[Amended 5-11-1995 by L.L. No. 2-1995]

(a) Storage of horse vans for conveying or vanning of horses as may be accessory to the principal use.

(b) Sale or rental of horses for use by the public by the hour, day, month or year.

(c) Rides on horses by the public.

(d) Rental of horse vans.

(e) Riding lessons to the public.

(f) Horse shows.

(4) One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located shall not be considered as part of the land devoted to this use, as set forth in Subsection E(2) above.

(5) The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 20 acres of land devoted to this use, plus one horse for each additional 1/2 acre of land available for such purpose.

(6) The stable and the facilities for the storage of manure shall be located on the land devoted to this use and not less than 200 feet from any street or property line. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

(7) Exercise tracks and riding rings shall meet the following requirements:

(a) No riding ring or exercise track shall be closer than 100 feet to any street or property line.

(b) Horses shall not be left unattended in any roofless area which is enclosed by a fence less than five feet in height.

(8) Accessory buildings such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back at least 200 feet from the street line and 100 feet from each side boundary line and they are not used for the storage of manure.

(9) Structures on the land devoted to this use (not including the principal dwelling) shall not, in the aggregate, cover more than 5% of the area of the land devoted to this use.

(10) No structure shall exceed 35 feet in height.

(11) Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Town Board. No parking shall be permitted within 200 feet of any street or property lines.

(12) Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from adjoining streets and residential properties in order to prevent any nuisance.

(13) Exterior loudspeakers shall be installed or used on the premises so as to minimize potential nuisances to adjacent properties.

(14) [1]The maintenance of the structures and hygienic conditions shall be under the supervision of the New York State Department of Health. If conditions are found to exist which are dangerous to the health, safety and welfare of humans or horses, or if any of the requirements of this chapter or of any condition attached to the permit issued hereunder are not complied with by the operator of the Boarding stable, the permit issued hereunder may be revoked or suspended by the Town Board.

[1] Editor's Note: Original Subsection E(14), regarding manure storage, was repealed 6-25-2020 by L.L. No. 3-2020.

(15) Potable water supply and sewage disposal systems shall be provided.

F. Duplexes. The Planning Board may approve the use of land for duplex residential structures in this district, provided that the following standards and provisions are maintained:

(1) The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Schedule I of this chapter.[2]

[2] Editor's Note: Schedule I is included as an attachment to this chapter.

(2) Each unit of a duplex shall be served with separate utility meters, shut-off valves and heating systems.

(3) In cases where eight or more duplex structures are planned for a subdivision, the Planning Board shall carefully consider the need for two access points to the subdivision and require them, if needed.

(4) Each duplex structure shall have its own individual driveway access to a public street.

(5) Each dwelling unit in a duplex structure shall have not less than two off-street parking spaces. At least one of these off-street parking spaces shall be provided for in an enclosed garage.

(6) The minimum living area to be provided in each duplex unit shall equal or exceed the minimum area required for single-family dwellings.

(7) Each duplex unit shall be landscaped to effectively screen dissimilar uses from one another and to protect and enhance the overall quality of the existing neighborhood.

(8) The Planning Board shall determine that the neighborhood character of the site proposed for duplex units is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.

(9) The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

(10) The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.

(11) No site preparation or construction shall commence until final site plan approval has been granted and permits issued by all governmental agencies involved.

G. Residential conversions. The Planning Board may approve an application for the conversion of an existing structure for occupancy by not more than four families living in separate and independent dwelling units in this district, provided that the following standards and provisions are maintained:

[Amended 5-11-1995 by L.L. No. 2-1995; 6-25-2020 by L.L. No. 3-2020]

(1) Any building proposed to be converted to create additional living units shall have not less than 2,400 square feet of gross floor area.

(2) The conversion shall comply with the requirements of the Uniform Code and this chapter.

(3) The minimum habitable floor area for living units shall be as follows:

(a) Four hundred fifty square feet for efficiency units;

(b) Five hundred fifty square feet for one-bedroom units;

(c) Eight hundred square feet for two-bedroom units; and

(d) Nine hundred square feet for three-bedroom units.

(4) For each dwelling unit proposed to be created by a conversion, the minimum lot size shall exceed the minimum required by 10%.

(5) The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density.

(6) The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

(7) Not less than three off-street parking spaces shall be provided for each independent housekeeping unit.

(8) The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.

(9) Each unit shall be served with separate utilities, meters, shutoff valves and heating systems.

H. Tourist homes/bed-and-breakfast establishments. The Planning Board may approve the use of a residential structure for a tourist home/bed-and-breakfast establishment in this district, provided that the following standards and provisions are maintained:

(1) Such uses shall meet the minimum lot size, frontage and setback requirements for a two-family dwelling as specified in Schedule I of this chapter for this district.[3]

[3] Editor's Note: Schedule I is included as an attachment to this chapter.

(2) The building proposed for occupancy as a tourist home shall contain no more than four lodging rooms for hire.

(3) The operator of the tourist home shall reside on the premises.

(4) The applicant shall meet the requirements of the Uniform Code.

(5) Off-street parking space shall be provided as follows: at least two spaces shall be provided for the family residing on the premises, plus not less than one additional space for each lodging room.

(6) One sign up to eight square feet in area may be permitted on the premises. The sign may be freestanding or mounted on the building. If freestanding, the sign shall not be more than four feet in height. Such signs may not be illuminated, except indirectly.

(7) The exterior of the building shall be maintained consistent with the character of the area.

(8) The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.

I. Public market. The Planning Board may approve the use of land for public markets in this district, provided that the following standards and provisions are maintained:

(1) Minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Schedule I of this chapter.[4]

[4] Editor's Note: Schedule I is included as an attachment to this chapter.

(2) Items offered for sale shall principally be agricultural products grown or raised on area farms.

(3) The Planning Board shall determine that the character of the site is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.

(4) The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners. The Planning Board shall specify the location, number and width of driveways deemed appropriate to serve the proposed use.

(5) The Planning Board shall determine that areas designated for off-street parking and for the loading and unloading of goods are adequate to accommodate the level of activity anticipated with the proposed use.

(6) No site preparation or construction shall commence until final site plan approval has been granted and permits issued by all governmental agencies involved.

(7) The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.

(8) No signs shall be permitted, except in accordance with Article XXIII.

(9) The Planning Board in approving such uses may impose other controls and operating requirements which, in its opinion, are necessary to protect public health, safety and welfare.

J. In-law apartments. The Zoning Officer may approve the use of land for an in-law apartment in this district as an addition to an existing single-family structure for occupancy by a family member(s), provided that the following standards and provisions are maintained:

[Added 5-11-1995 by L.L. No. 2-1995]

(1) Any building to which an in-law apartment is proposed to be annexed shall already conform to the required square footage for a single-family unit, and the proposed addition shall not be less than 450 square feet or more than 550 square feet.

(2) [5]Construction must comply with the provision of the New York State Fire Prevention and Building Code and requirements of this chapter. Sanitary sewer systems must be approved by Town agencies.

[5] Editor's Note: Original Subsection J(2), regarding use or rental by nonfamily members, was repealed 6-25-2020 by L.L. No. 3-2020.

(3) Utility services shall be shared in common.

(4) Use of the in-law apartment shall be confined to a family member, and use by anyone other than a family member is prohibited.

(5) Use shall be strictly conditioned upon the prior issuance of a certificate of occupancy in accordance with the provisions of this chapter.