Town of Cazenovia, NY Article VIII Agriculture Overlay (AO) District

§ 165-22 Findings.

Agriculture provides the visual benefits of open space and is an important part of Cazenovia's economy and character. The creation of the Agriculture Overlay (AO) District illustrates the Town's commitment to farming as a preferred use in these districts and shall protect existing agricultural areas from suburban development, encourage the continuation of agriculture, reduce land conflicts and preserve open space and natural resources. The AO District is intended to preserve existing agricultural lands in the Town and protect the rural character of the area that reinforces the special quality of life enjoyed by residents in Cazenovia.

§ 165-23 Parcels included.

Unlike other overlay districts in this chapter (being lands described and shown upon an overlay district map), parcels in the AO District are those parcels in the Town of Cazenovia meeting all of the following criteria:

A. Total area in excess of seven acres; and

B. Containing either:

(1) At least 50% of soils deemed USDA Prime Soils; or

(2) At least a total of 20 acres of soils deemed USDA Prime Soils; and

C. Are located in a New York State certified Agricultural District.

D. Parcels qualifying as Agricultural Overlay District shall be determined on a case-by-case basis.

§ 165-24 Permitted structures and uses.

While the AO District is an overlay over the RA District base zoning, only the following uses are permitted in the AO District:

A. Farm, farming and farm-related buildings used for the storage of farm products or farm equipment.

B. Forestry, lumbering and reforestation.

C. Game farms, fish hatcheries and fishing reserves.

D. Home occupation in a previously existing principal residential structure (subject to the provisions of § 165-100).

E. Manure storage facility as associated with a farming operation.

F. Farm labor housing associated with a farming operation.

G. No more than two single-family dwellings on a farming lot where the residents of such dwellings are related as family and at least one family member from such dwelling serves as farm labor or management. Additional dwellings may be considered, subject to the granting of a special use permit and demonstration of adequate water supply and sewage disposal facilities.

H. One or more single-family detached dwellings on separate lots approved pursuant to an open space/conservation subdivision review.[1]

[1] Editor's Note: See Ch. 146A, Conservation Subdivisions.

I. Wildlife sanctuaries, woodland preserves, arboretums.

J. Temporary produce stands for the sale of agricultural products grown principally by the operator during the harvest season. (Should not be a special use. Expedited site plan review is okay.)

§ 165-25 Permitted uses by special use permit.

A. Certain farm-compatible structures and uses will enhance the validity of farmland operations. The following farm-compatible structures and uses shall be permitted in the AO District only upon the issuance of a special use permit by the Zoning Board of Appeals as provided in Subsection B and § 165-114 of this chapter (and, where applicable, site plan approval from the Planning Board), including, but not limited to:

(1) Agricultural composting.

(2) Animal day care, kennel or shelter.

(3) Bed-and-breakfast.

(4) Butcher/Meat shop.

(5) Commercial bakery in home.

(6) Farm equipment repair.

(7) Migrant labor housing for more than one family.

(8) Milk processing for on- and off-farm milk.

(9) Nurseries, lawn/landscape services, orchards, greenhouses, vineyards.

(10) Parks.

(11) Permanent produce stands for the sale of agricultural products grown principally by the operator during the harvest season.

(12) Portable saw mill.

(13) Public stable.

(14) Veterinary practice (animal hospital, animal clinic).

(15) Welding assembly (when secondary to an agricultural use).

(16) Farm wineries, farm breweries, farm cideries, farm distilleries. The growing of crops, processing and making alcoholic beverages, and the sale of such beverages via a tasting room, are permitted uses when the farm is considered to be a "farm operation" by the Department of Agriculture and Markets. However, events and other marketing uses (other than a tasting room) shall be a specially permitted use.

B. Additional criteria for specially permitted uses. In addition to the criteria set forth for specially permitted uses (see § 165-114), the following additional criteria must be demonstrated by the applicant and found by the reviewing board:

(1) That the use will be of a nature, intensity, scope, size, appearance, type and quality conforming to existing residential or agricultural structures.

(2) That new structures will be located in a way that minimize negative impacts on future operation and expansion of agricultural uses and does not interfere with current agricultural operations or displace farms or farming.

(3) The use as proposed is related to agriculture, forestry or open spaces or will not impede such uses.

§ 165-26 Lot area and yard regulations.

In AO Districts, all structures and uses shall be subject to the following superseding dimensional area and yard regulations (Where no superseding dimensional regulation is listed, the base zoning dimensional regulations shall apply.):

A. Minimum lot frontage: 150 feet (farm and farm-related uses).

B. Minimum lot area.

(1) Farm and farm-related uses: seven acres.

(2) Residential uses. All new subdivisions for residential purposes shall be subject to the conservation subdivision requirements outlined in §§ 165-56 and 165-57 and the Town of Cazenovia Conservation Subdivision Regulations.[1]

[1] Editor's Note: See Ch. 146A, Conservation Subdivisions.

C. Maximum building coverage.

(1) Farm and farm-related uses: 10%.

(2) Residential uses: 10%.

D. Maximum lot coverage:

(1) Farm and farm-related uses: 25%.

(2) Residential uses: 25%.

E. Minimum front yard setback depth: 85 feet from center line of the abutting street or 50 feet from the front lot line, whichever is further.

F. Minimum rear yard setback depth: 50 feet.

G. Maximum height (all uses):

(1) Farm structures: 100 feet.

(2) Residential and other structures: 35 feet.

(3) Detached residential accessory structure and other accessory structures: 35 feet.

H. Minimum side yard setback: 25 feet.

§ 165-27 Additional regulations.

A. Site plan. The applicable regulations for site plan approvals as set forth in Chapter 133 shall apply to all uses where so determined by that law.

B. Accessory structure allowed. For all uses which would have otherwise been allowed under the underlying base zoning, a principal use and structure may also have one accessory structure, provided such accessory structure is secondary to the principal use and structure and is commonly considered to be associated with the principal use. Notwithstanding the above, a principal use may also separately have one pool. In addition, such principal use and structure may also have additional accessory structure(s) only upon the issuance of a special use permit by the Zoning Board of Appeals, as provided in § 165-114 of this chapter (and, where applicable, site plan approval from the Planning Board). These limitations shall not apply to a farm use.

C. Siting of structures. In reviewing any subdivision, site plan or special use permit application, the reviewing board shall require that structures, except farm structures, and impervious surfaces be located on those portions of a tract of land where they will have the least negative impact on agricultural soils and agricultural operations. Construction of buildings on areas of steep slopes, wetness, or locations posing difficult lot configuration or road access problems shall be avoided.

D. Buffering of agricultural uses. For all new proposed developments, including subdivision, site plan, variances and special use permit requirements, buffer zones at least 75 feet in width may be required between residential and agricultural uses in the AO District, containing either thickly planted fast-growing native shrubs and trees, or naturally existing vegetation, in order to create an effective barrier separating residential yards from fields and pastures. These buffer requirements are in addition to the setbacks required under this chapter and may be modified by the reviewing board, if appropriate, in order to create or maintain scenic views.