[Added 4-24-2023 by L.L. No. 6-2023]
A. 
The purpose of the Agricultural District is to ensure that agriculture can be a primary land use and to encourage more agricultural uses and agricultural-related uses in this area of the Town. The Town seeks to promote the vitality of agriculture and agricultural-related uses in the Town of Hamburg as an essential element in the economic stability and future 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. 
In creating this agricultural zoning district, the Town also acknowledges that agriculture and agricultural-related practices are constantly evolving and that practices and uses that may presently not be considered normal agricultural practices may be important to the future of agriculture in the Town and the viability of those agricultural businesses. This will be utilized when interpreting allowable agricultural-related uses in this district.
C. 
Persons and entitles 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.
D. 
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.
E. 
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 solution 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 sewer will be made available, so as to reduce the economic pressures for development that often result from the introduction of such facilities. Consequently, persons acquiring property in agricultural zones should not expect such public facilities to be provided.
Permitted uses and structures for the AG Agricultural District shall be as follows:
A. 
Principal uses and structures.
(1) 
A one-family dwelling.
(2) 
Church or other places of worship or religious education, parish house, convent, rectory, or parsonage.
(3) 
Institution of a religious, charitable, or philanthropic nature.
(4) 
Fire station.
(5) 
Preschool, nursery school or day nursery, subject to side yard requirements for other principal buildings.
(6) 
Golf course, miniature golf course and/or practice driving range, including accessory buildings, structures and uses which are necessary for or customary to such operations; provided that no buildings or structures shall be less than 100 feet from any street line, road line or any other lot in an RA, R or AG District.
(7) 
Two single-family dwellings on a single lot of at least six acres, provided that all buildings are located so as to permit future division of the property into separate lots with minimum area and yard regulations as stipulated for single-family usage.
(8) 
Agricultural, floricultural and horticultural pursuits, including but not limited to general farms, greenhouses, plant nurseries, truck gardens, dairy husbandry, animal husbandry and the raising of bees, poultry and livestock, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits, provided that no buildings, pens and runways for the confinement of livestock or poultry and no manure or other dust-producing substances shall be stored within 100 feet of any lot line.
(9) 
Other agricultural-related uses, as interpreted by the Code Enforcement Officer with input from the Town Agricultural Board.
(10) 
Forest farming, including tree farming.
(11) 
Greenhouses and nurseries.
(12) 
Agritourism uses as defined in the definitions section of this zoning law.[1]
[1]
Editor's Note: See § 280-342, Definitions.
(13) 
Small scale (buildings less than 5,000 square feet) craft wineries, breweries and cideries in accordance with the general requirements of Article XLVI.
(14) 
Veterinarian or small animal hospital; provided however, that no buildings, pens or runways for the confinement of animals and no manure or other odor- or dust-producing substances shall be within 100 feet of any lot line.
(15) 
Cemeteries.
(16) 
Private clubs, including a club swimming pool and/or tennis parks, catering exclusively to members and guests.
(17) 
Shops for custom work, such as but not limited to cabinetmaking, carpentry, electrical and mechanical trades, plumbing, printing, shoe repair and tailoring, provided that no more than five persons are employed in such shop and only light machines and hand tools are used in connection therewith and no operation is so conducted as to be noxious or offensive. Shops not meeting these conditions will require a special use permit.
B. 
Uses allowed by Special Use Permit. The following uses by special use permit authorized by the Planning Board, subject to Article XLVI of this chapter relating to the issuance of special use permits:
(1) 
Telecommunications facilities, which shall be governed by the provisions of Article XLVII.
(2) 
Dog kennels.
(3) 
Private airport.
(4) 
Two single-family dwellings on lots of less than six acres for use of the owner thereof and/or rented to others provided that all buildings are located so as to permit future division of the property into two separate lots with minimum area and yard regulations as stipulated in the RA Zoning District.
(5) 
Picnic grounds or grove for which a fee or rental is charged for the use of the premises, excluding all amusement devices other than customary playground apparatus.
(6) 
Wind turbines in accordance with Articles L and LIII.
(7) 
Public events (yearly permit).
(8) 
Private wildlife reservations or conservation projects, including the customary buildings and structures therefor.
(9) 
Campground or recreational vehicle park on a minimum of 50 acres with no portion thereof less than 100 feet from any property line and no less than 10 campsites occupied or maintained for occupancy.
(10) 
Commercial horseback riding stables (not defined as an agricultural use by NYS) with trails on a minimum of 30 acres, with no portion thereof less than 100 feet from any lot line.
(11) 
Bed-and-breakfast establishments in accordance with the other requirements of the Hamburg Zoning Code.
(12) 
Combinations of any of the above allowed uses or special use permits uses on a single property and mixed-use structures containing the above allowed uses (up to two residential units in a mixed-use building).
C. 
Accessory uses and structures.
(1) 
Accessory uses permitted and as regulated in the R-A District.
(2) 
Accessory uses and structures customarily incidental to permitted principal uses.
(3) 
Refreshment stands dispensing food and beverages incidental to the operation of a commercial picnic grove.
(4) 
Roadside stand or building for the sale and display of agricultural products grown on the premises. Any roadside stand or building used for the sale or display of such products shall contain no more than 600 square feet of floor area and shall be set back at least 20 feet from the right-of-way.
(5) 
Satellite antennas measuring one meter or less in diameter. Such antennas shall require the issuance of a building permit. All such satellite antennas shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to side yard requirements.
(6) 
Solar energy conversion systems in accordance with Article LIV.
(7) 
Other accessory uses associated with a single-family home, as follows:
(a) 
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.
(b) 
Private garage or open parking for operative passenger vehicles of person visiting or residing on the premises.
(c) 
Playhouse, tool house or garden house.
(d) 
Private swimming pool not operated for gain.
(e) 
Private stable or hobby farm, subject to the following requirements:
[1] 
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.
[2] 
Horses or other livestock shall 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.
[3] 
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.
[4] 
All pastures and paddocks utilized in connection with a private stable or hobby farm shall be securely fenced.
[5] 
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.
Minimum habitable floor area shall be:
A. 
For single-family: 960 square feet.
B. 
For two-family dwelling (in a mixed-use structure): 1,600 square feet total; 800 square feet for each dwelling unit.
The maximum height of buildings shall be as specified in this section:
A. 
Dwellings: two and one-half stories not to exceed 35 feet.
B. 
Farm buildings: no limit.
C. 
Other principal buildings: as regulated by yard requirements.
D. 
Clubs: not to exceed 35 feet.
E. 
Accessory buildings: not to exceed 25 feet.
The minimum lot size shall be as specified in this section:
A. 
Lot area.
(1) 
One hundred twenty-five thousand square feet (approximately three acres) for a single-family house.
(2) 
Two-family dwelling in a mixed-use building or two single-family dwellings on a single lot: six acres.
(3) 
All other uses as regulated by setbacks.
B. 
Lot width at building line shall be 250 feet.
The minimum required yards and other open spaces shall be as specified in this section:
A. 
Front yard: 50 feet minimum requirement for setback from the edge of a right-of-way.
B. 
Side yards: two required.
(1) 
For dwellings: 15 feet.
(2) 
Other principal buildings: Each side yard shall equal 30 feet for a single-story principal building and 45 feet for a two-story principal building.
C. 
Rear yard. No rear yard shall have a depth of less than 50 feet measured from the main building or 15 feet measured from an accessory building.
See Article XXXII.
For applicable sign regulations, see the appropriate article of this chapter.[1]
[1]
Editor's Note: See Art. XXXVI, Sign Regulations.
For applicable supplemental regulations pertaining to use, height, area, or open space, see the appropriate articles of this chapter.[1]
[1]
Editor's Note: See Arts. XXXVIII, Supplemental Height Requirements and XXXIX, Supplemental Lot Size and Open Space Regulations.