The R-A Residential-Agricultural District is intended to recognize
and protect the integrity and property values of areas of the Town
which are suitable for a variety of residential types and rural livelihoods.
In R-A Districts, no buildings or premises shall be used except for
the following:
A.
Permitted uses.
(1)
(2)
Uses requiring site plan approval:
(a)
R-1 District uses requiring site plan approval.
(b)
Manufactured homes and manufactured home parks.
(c)
Multiple dwellings and conversion of existing dwelling to multiple
dwelling.
(d)
Nurseries and commercial greenhouses. Required acreage varies;
consult the Agriculture and Markets Department for standards.
(e)
Nonagricultural keeping of livestock, fowl or fur-bearing animals.
(f)
Commercial kennels, veterinary clinics and animal hospitals.
(g)
Railroads, airports and utilities and radio and television stations
and their related transmission antennas, towers and other facilities.
(h)
Campgrounds and other recreation facilities.
(i)
Motels.
(j)
Restaurants.
(k)
Boardinghouses or rooming houses.
(l)
Small rural businesses.
[Added 10-20-2010 by L.L. No. 1-2010]
B.
Small rural business applicants must meet the following criteria:
[Added 10-20-2010 by L.L. No. 1-2010]
(1)
The owner of the business shall be the same as the owner of the lot.
(2)
The minimum lot size shall be determined at the presubmission conference
with the Planning Board.
(3)
The total number of employees, including owner(s) shall not exceed
four persons.
(4)
There shall be adequate off-street parking, per § 207-34A(3) of the Town of Massena Zoning Code.
(5)
No offensive noise, vibrations, glare, dust, fumes, odor or electrical
interference shall be produced.
(6)
Hours of operation shall be specified in the special use permit.
(7)
Any permits required by other regulatory agencies (for example: NYS
Department of Environmental Conservation; U.S. Environmental Protection
Agency; U.S. Army Corps of Engineers) must be obtained before applying
for a "small rural business" designation.
(8)
Outside storage will be prohibited unless adequate screening is provided
to protect the integrity of the neighborhood and the value of neighboring
properties. Screening must be approved by the Planning Board.
(9)
(a)
Signs in residential districts (R-1 and R-A).
[1]
Signs for home occupations shall not be larger than four square
feet nor more than eight feet above the ground at maximum height nor
more than one in number.
[2]
Signs for other uses shall not be larger than 32 square feet
nor more than eight feet above the ground at maximum height nor more
than two in number.
[3]
Freestanding signs may be located within required front yards
but no closer than 25 feet from the pavement.
(10)
All provisions of this section shall be reviewed every five
years.
The minimum lot area and dimensions shall be as follows; refer
to the development standards in the Schedule of District Regulations
for additional standards:[1]
A.
Area: 30,000 square feet unless otherwise provided for specific uses
or by the Planning Board during site plan review. The minimum area
is not intended to be the result of multiplying the minimum width
times the minimum depth (irregular lot size).
B.
Width: 150 feet.
C.
Depth: 200 feet.
E.
Lot coverage: 25% of the total lot area may be covered by buildings.
[1]
Editor's Note: Said schedule is included at the end of this
chapter.
The building limitations shall be as follows:
Agricultural District and farm requirements shall be as follows:
A.
Application to the Town Code Enforcement Officer is required for
new farm structures as well as for the modification to existing farm
structures.
B.
Determination of sound agricultural practices.
(1)
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within the county at all times, at such locations as are consistent
with local zoning or land use laws and § 305 of the New
York State Agriculture and Markets Law and as are reasonably necessary
to conduct the business of agriculture. For any agriculture practice,
in determining the reasonableness of the time, place, and methodology
of such practice, due weight and consideration shall be given to both
traditional customs and procedures in the farming industry as well
as to advances resulting from improved technologies.
(2)
Any person may submit, in writing, a request to the Agricultural
and Farmland Protection Board (AFPB) for an opinion determining whether
a specific agricultural practice is sound. In rendering such opinions,
the AFPB may consult (within the limitations of its budget or such
other grants or funding sources as may be available to it) with such
outside experts and agencies as it deems appropriate in reaching a
determination as to whether a particular agricultural practice is
sound. Such outside experts and agencies may include, but not limited
to, the St. Lawrence County Soil and Water Conservation District,
the New York State Department of Agriculture and Markets, the New
York State Department of Environmental Conservation, Cornell Cooperative
Extension, and the United States Department of Agriculture's Natural
Resources Conservation Service. All such practices shall be evaluated
on a case-by-case basis.
(3)
The opinion of AFPB in the preceding subsection shall be made by
a majority vote of the Board, in a written opinion which shall specify
the factual basis for its determination. Dissenting opinions shall
likewise be reduced to writing, with reasons. The AFPB shall make
its written opinion within 62 days of receipt of the request, unless
within that time it has provided notice to the applicant that an extension
is necessary and given an estimated date for issuance of the opinion.
Opinions of the Agricultural and Farmland Protection Board shall be
provided to the requesting party: to the New York State Commissioner
of Agriculture and Markets; to the owner of property on which the
practice is conducted, if different; and to any adjoining property
owners. In a manner consistent with Local Law No. 3 of 1995, the Board
shall publish an abstract of the opinion in a newspaper of public
record and make a copy of the text available to any person requesting
same, the opinion in a manner provided by Article 78 of the Civil
Practice Law and Rules.
(4)
A determination that an agricultural practice is sound may be issued
by the County Agricultural and Farmland Protection Board if, upon
examination and review, such practice is found to be:
(a)
Reasonable and necessary to the particular farm or farm operation.
(b)
Conducted in a manner which is not negligent or reckless.
(c)
Conducted in conformity with all local, state, and federal laws
and regulations.
(d)
Conducted in a manner which does not constitute a threat to
public health and safety or cause injury to the health or safety of
any one person.
(e)
Conducted in a manner which does not unreasonably obstruct the
free passage or use of commercially navigable waters or public roadways.
C.
A determination of the Board that an agricultural practice is sound
may be presented as evidence by any party in any proceeding for which
the nature and character of the practice is relevant or material.
(1)
Nothing in this chapter shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to failure to follow generally accepted agricultural practices,
as outlined in this section, or to maintain any action or proceeding
and upon any theory of legal liability which such party is authorized
to maintain pursuant to statute or at common law.
(2)
The Agricultural and Farmland Protection Board may seek public input
on any relevant issue before making its decision.
D.
Design criteria and management practices for spreading of biosolid
fertilizer.
(1)
The minimum horizontal distance from the perimeter of the land application
area must meet or exceed the values found in the following table.
For storage facilities, the minimum horizontal separation distance
is the distance from the storage unit to the nearest item as indicated
below. The Department may require greater horizontal separation between
the land application area and a surface water body that is actively
used as a municipal water supply source.
|
Nonagricultural District
|
Minimum Horizontal Separation Distance
(feet)
|
Agricultural District
| |
|---|---|---|---|
|
Property line
|
100
|
Agriculture and Markets Department regulations and the Department
of Health shall apply.
Consult with them for current standards.
| |
|
Residence, place of business or public contact area*
|
500
| ||
|
Potable water well
|
200
| ||
|
Surface water and state-regulated wetland (waste not directly
injected)
|
200
| ||
|
Surface water and state-regulated wetland (waste directly injected)
|
100
|
|
NOTE:
*The landowner's or operator's residence, plant nurseries and
turf farms are excluded from this requirement. In addition, this requirement
does not apply to waste that is directly injected below the land surface
or to lands of adjacent owners who consent to the activity within
the separation distance.
|
(2)
Farm complaint forms for R-A farm operations: Agricultural District/R-A
District Odor Report Form (complaint form). Same form used by Agriculture
and Markets Departments and the Soil and Water Department of St. Lawrence
County.
E.
Agricultural District: complaint form and literature available from
the Code Enforcement Officer and Town Clerk.
(1)
Agricultural District/R-A District Odor Report Form (complaint form):
same form used by Agriculture and Markets Departments and Soil and
Water Department of St. Lawrence County.
(2)
Rural odor issues: A Farm Neighbor Information Sheet.
(3)
Guidelines for Review of Local Laws Affecting Nutrient Management
Practices (i.e., Land Application of Animal Waste, Recognizable and
Nonrecognizable Food Waste, Sewage Sludge and Seepage; Animal Waste
Storage/Management).
(4)
Local Laws and Agricultural Districts: How Do They Relate?
