[HISTORY: Adopted by the Town Board of the
Town of Southold 9-9-2008 by L.L. No. 12-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 135, Farm Stands, adopted 5-13-1997 by L.L. No. 9-1997,
as amended.
This chapter shall be known as the "Agricultural
Uses Law."
Regulation of agricultural uses in the Town
of Southold is necessary to facilitate and encourage bona fide agricultural
operations while providing for the health, safety and welfare of the
Town's residents and its visitors. Farm stands are an important part
of the Town's agricultural base and character, and are increasingly
vital to the viability of the agricultural industry in the Town. The
second article of this proposed chapter governing agricultural uses
will pertain to farm stands and require, among other things, that
they be part of active farming operations within the Town.
This chapter is enacted pursuant to § 10
of the Municipal Home Rule Law to promote the public health, safety
and general welfare of Town citizens through land use regulations
intended to govern agricultural uses within the entire Town. The variance
provision of this chapter shall supersede any inconsistent portions
of the Town Law § 267-a and govern the subject of variances
in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The production for sale of crops, livestock or livestock
products, which shall include but not be limited to:
Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans;
Fruits, including apples, peaches, grapes, cherries,
tomatoes and berries;
Vegetables, including snap beans, cabbage, carrots,
beets and onions;
Horticultural specialties, including nursery
stock, ornamental shrubs, ornamental trees and flowers;
Livestock and livestock products, including
cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches,
emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs;
Maple sap;
Christmas trees derived from a managed Christmas
tree operation whether dug for transplanting or cut from the stump;
Aquaculture products, including fish, fish products,
water plants and shellfish;
Woody biomass, which means short-rotation woody
crops raised for bioenergy, and shall include farm woodland.
Activities devoted primarily to production, processing, marketing
and sale of agricultural and aquacultural commodities, including any
and all agricultural, horticultural, vineyard products, corn for grain,
oats, soybeans, barley, wheat, poultry or poultry products, bees,
maple syrup, Christmas trees, livestock, including swine, and honey,
sold in the state either in their natural state or as processed by
the producer thereof, but does not include milk, timber
or timber products, other than Christmas trees, all hay, rye and legumes.
Any primary structure or portion of a structure greater than
80 square feet in area used for the purpose of retail sale of locally
produced agricultural products grown by the owner or lessor of the
structure, as well as the accessory sale of processed agricultural
products, agriculture-related products and incidental accessory items.
For the purposes of this chapter, a farm stand shall be limited to
structures operated by an applicant on a parcel with either not less
than seven acres of land used as a single operation in the preceding
two years for the production or sale of crops, livestock or livestock
products of an average gross sales value of $10,000 or more or land
of seven acres or less used as a single operation in the preceding
two years for the production or sale of crops, livestock or livestock
products of an average gross sales value of $50,000 or more.
Agricultural product which has been converted from its original
state into a distinct product by techniques such as cooking, distillation,
fermentation, crushing and straining. Examples of processed agricultural
product include, without limitation, jams, jellies, cheeses, potato
chips, wine and other alcoholic beverages. Simple washing, cleaning,
arrangement or packaging of agricultural product shall not cause the
product to be considered "processed" under this definition.
Portions of a farm stand operation, usually covered, which
are dedicated to the direct marketing and sale of farm stand products,
including public rest rooms, but excluding storage areas, temporary
display areas and other areas not accessible to the general public.
A.
No person shall erect, place or operate a farm stand
without the Building Department's issuance of a farm stand permit
for the farm stand operation. A farm stand permit shall be subject
to revocation if the farm stand fails to operate in compliance with
the requirements set forth herein.
B.
The Building Department shall only issue a farm stand
permit to a party engaged in bona fide agricultural production within
the Town of Southold. For the purposes of this article, "bona fide
agricultural production" shall be limited to the operation, within
the Town of Southold, of either not less than seven acres of land
used as a single operation in the preceding two years for the production
or sale of crops, livestock or livestock products of an average gross
sales value of $10,000 or more or land of seven acres or less used
as a single operation in the preceding two years for the production
or sale of crops, livestock or livestock products of an average gross
sales value of $50,000 or more.
C.
A farm stand existing as of the date of adoption of this article which does not meet the requirements of this article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this article, a farm stand legally existing in the Town as of January 1, 2008, shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to 50%, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subject to compliance with the parking requirements of this article.
A.
A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV:
(1)
The farm stand is located on lands used in bona fide
agricultural production by the owner or lessee of the property.
(2)
The total floor area, as defined in Chapter 280, of the farm stand structure(s) does not exceed 3,000 square feet.
(3)
The permanent farm stand structure is set back at
least 50 feet from the road.
(4)
The farm stand parcel provides at least four off-street
parking spaces and also provides adequate space that may be used for
unimproved on-site parking equivalent to one parking space for each
200 square feet of retail sales area.
B.
(Reserved)
C.
Retail sales operations that do not meet the definition of a "farm stand" pursuant to this chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code.
All farm stands shall conform to the following
product offering restrictions:
A.
At least 60% of the gross dollar value of all items
offered for sale at farm stands shall consist of agricultural products
grown by the farm stand operator within the Town of Southold.
B.
No more than 40% of the gross dollar value of all
items offered for sale at a farm stand may consist of the following
items only:
(1)
Agricultural products grown by a person or entity,
other than the farm stand operator, engaged in bona fide agricultural
production within the Town of Southold, and not including agricultural
products not grown within the Town of Southold;
(2)
Items manufactured or processed from the agricultural
products grown by the farm stand operator or manufactured or processed
from products grown by a person or entity, other than the farm stand
operator, engaged in bona fide agricultural production within the
Town of Southold;
(3)
Clothing, apparel and other similar items, but limited
to such items that promote the specific farm stand site or operator,
and souvenir items of the farm stand; and
(4)
Other accessory items, but limited to items complementary
to the specific farm stand agricultural operation, such as decorative
housewares, planters and like items.
In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, as defined in Chapter 280.
Any farm stand that is found not to meet the
requirements of this article may appeal such decision or seek a variance
therefrom with the Zoning Board of Appeals. In addressing the merits
of any variance application, the Zoning Board of Appeals shall consider
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the community
by such grant, in further consideration of:
A.
Whether an undesirable change will be produced in
the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the variance;
B.
Whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other
than a variance;
C.
Whether the requested variance is substantial;
D.
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
E.
Whether the alleged difficulty was self-created, which
consideration shall be relevant to the decision of the Board of Appeals
but shall not necessarily preclude the granting of the variance.
Any violation of this article shall be grounds
for the revocation of an existing farm stand permit. Furthermore,
any violator of this article shall, upon conviction, be guilty of
a violation punishable by a fine not exceeding $1,000 or imprisonment
not to exceed 15 days, or both. Each day on which such violation shall
occur shall constitute a separate, additional offense as permitted
by law. For a second and subsequent conviction within 18 months thereafter,
such person shall be guilty of a violation punishable by a fine not
exceeding $5,000 or imprisonment not to exceed 15 days, or both.
