Permitted uses and structures for the AG Agricultural District
shall be as follows:
A. Principal uses and structures.
(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.
(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.
(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.
(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.
(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.
(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.
For applicable sign regulations, see the appropriate article
of this chapter.
For applicable supplemental regulations pertaining to use, height,
area, or open space, see the appropriate articles of this chapter.