The purpose of the Agricultural Zone is to assure
a proper economic and physical environment for continued agricultural
use of land and other nonextractive natural resource land uses; to
maintain an open rural character to viable agricultural areas; to
assure compatible types and densities of development on lands that
are usable for agricultural pursuits; and to minimize other land uses
incompatible with farming. Persons and entities not engaged in agricultural
pursuits in the Agricultural Zone should be aware that the primary
intention of the zone is to permit usual acceptable farming and farming
practices which may generate dust, odor, smoke, noise, and vibration;
during growing seasons machinery may be operated at other than daylight
hours; certain generally acceptable farming operations may involve
the use and spraying of herbicides or pesticides; and acceptable practices
in keeping animals may involve odors or noises. 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 an area in the Town where agricultural endeavors are encouraged
to thrive. To the extent buffer areas may be required, the intention
of such buffers is to reduce the potential for conflicts between farming
and nonfarming uses. Agricultural Zones are also areas of the Town
where it is unlikely public water or sewer will be made available,
so as to reduce the economic pressures for development that often
flow from the introduction of such facilities. Accordingly, persons
acquiring property in Agricultural Zones should not expect such public
facilities to be provided.
Only the following buildings or uses are permitted
of right in an Agricultural Zone:
A.
Any lawful farm purpose, including usual farm buildings
and structures, but excluding rendering plants.
B.
Plant nursery.
C.
Equestrian facility.
D.
Kennel, coop, or other facility for the housing or
caring for animals, birds, or fish, whether for hire or otherwise,
including an animal shelter, wildlife refuge and fish farms.
E.
A roadside stand or other structure, not exceeding
3,000 square feet of enclosed space, for the display and sale of farm
or nursery products related to farming and as a seasonal convenience
to the owner or owners of the land. The majority of the products sold
at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall
be located a minimum of 30 feet from the street line, in such a manner
as to permit safe access and egress for automobiles, and parking off
the highway right-of-way.
[Amended 8-1-2005 by L.L. No. 7-2005]
G.
A two-family dwelling consisting of a principal dwelling unit and
an internal or attached accessory dwelling unit, provided that:
[Amended 12-11-2017 by L.L. No. 20-2017]
H.
Publicly owned park or playground including accessory
buildings and improvements.
I.
Any municipal or public utility purpose necessary
to the maintenance of utility services except that substations and
similar structures shall be subject to the same setback requirements
as apply to residences in the district in which the substations or
similar structures are constructed.
J.
Day-care homes, family day-care homes and group family
day-care homes.
K.
Community residence.
L.
Forest management and other forest resource uses,
including the harvesting of timber in conformance with environmentally
sound forestry practices.
M.
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
N.
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
O.
Landscaping service provider and tree-care service provider, provided
that adequate provision is made to prevent nuisance to adjoining residences
and provided:
[Added 10-21-2019 by L.L.
No. 8-2019]
(1)
The minimum lot size is 10 acres;
(2)
There is a nonoccupied buffer of at least 50 feet around the perimeter
of the lot that cannot be used for the permitted use;
(3)
Outdoor material storage does not occupy more than 15% of the entire
lot;
(4)
All outdoor storage must be screened or situated in such a way that
it is not visible from the public right-of-way or adjacent residential
properties;
(5)
No on-site sale of products is allowed;
(6)
Vehicles and equipment used in the conduct of the business must be
stored in enclosed buildings or be screened or situated such that
when not actively being used they are not visible from the public
right-of-way and adjacent residential properties;
(7)
Employee parking must be screened or situated in such a manner that
it is not visible from the public right-of-way and adjacent residential
properties;
(9)
All new buildings associated with the use shall be fully screened
or situated such that they are not visible from any public right-of-way
unless otherwise allowed by the Planning Board. Criteria for the Planning
Board to consider in determining the need for visibility controls
include whether the building has the following desirable characteristics:
(a)
The general size, shape, and scale will be architecturally compatible
with other buildings visible along the right-of-way corridor;
(b)
The building will have a sloped roof, not less than four in
12;
(c)
The building facade facing any public right-of-way will have
windows or entranceways rather than an uninterrupted blank wall;
(d)
The front yard area immediately adjacent to the building will
be landscaped with lawn, shrubs or flowers;
(e)
The exterior cladding on the building façade facing any
public right-of-way will be primarily composed of brick, siding (wood,
fiber cement, polymer, vinyl, steel), stone, or stucco.
P.
In addition to the uses of barns as principal buildings on farm lots or for farm purposes pursuant to Subsection A, a barn building may be a principal building on a lot that is not used as a farm. Any such barn building may be used for any of the permitted principal uses in the Agricultural Zone, subject to the requirements in this article and chapter. A building permit may be issued for construction of another principal building on the lot, provided that the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter. A barn building that becomes an accessory building pursuant to this provision may exceed or contribute to the exceedance of the cumulative square footage limit for accessory buildings in § 270-29D, provided that no expansion of the barn building or other accessory buildings is allowed once the cumulative square footage limit is met.
[Added 2-14-2022 by L.L. No. 3-2022]
The following uses are permitted in an Agricultural
Zone, but only upon receipt of a special permit for same from the
Planning Board in accordance with the procedures set forth in this
chapter:
A.
Retail sales related to agricultural operations.
(1)
Except as permitted as of right in the preceding section
retail sales of machinery, products, supplies, or produce primarily
related to, or derived from, agricultural operations subject to the
following limitations:
(a)
Any building devoted to such activity may be
no larger than 4,000 square feet;
(b)
No more than six persons may be engaged in or
employed by the activity;
(c)
No more than three acres, inclusive of building,
parking, driveways, well, septic system and other ancillary facilities,
be dedicated to the use;
(d)
No outside storage other than temporary day-time
only display of products, unless otherwise authorized by the Planning
Board.
(2)
In determining whether to grant such authorization,
the Planning Board shall consider, in addition to other criteria set
forth in this chapter, that:
(a)
The nature of the business generally requires
outside storage;
(b)
There is adequate space on the lot for the proposed
storage;
(c)
The premises are screened or otherwise buffered
so that the outside storage does not adversely impact the neighboring
properties and property owners; and
(d)
The proposed outside storage will not adversely
affect the character of the surrounding neighborhood.
B.
Veterinary offices or hospitals.
C.
Church or other places of worship, convent and parish
house.
D.
Cemetery and the buildings and structures incident
thereto.
E.
Public, parochial and private schools, public library,
public museum, nursery school, and any institution of higher learning
relating to agricultural pursuits.
F.
Fire station or other public building necessary to
the protection of or the servicing of a neighborhood.
G.
Golf course or driving range with related facilities
such as clubhouse, restaurant, and pro shop.
H.
Cross-country ski center with related facilities such
as lodge, ski shop and restaurant.
I.
Commercial composting facility where composting occurs
for sale, utilizing more than 400 square feet of land in which event
the following additional requirements shall apply:
(1)
The lot on which the facility is located shall be
at least two acres in size;
(2)
The composting facility shall be located at least
100 feet from any roadway and any lot line, except for lot lines adjacent
to Residential Zones, in which event the setback from the Residential
Zone line shall be increased to 250 feet and shall have a buffer of
vegetation or fencing to screen the facility from the Residential
Zone;
(3)
The facility shall be operated in a clean and orderly
manner so that it does not create a nuisance to any neighboring property.
J.
Hunting preserves, lodges, or clubhouses.
K.
Bed-and-breakfast.
L.
Television, commercial radio, telecommunication, microwave,
satellite or other electronic transmission facility operated pursuant
to a license from the Federal Communications Commission or any successor
federal or state agency.
[Amended 8-13-2007 by L.L. No. 7-2007]
M.
Research facilities principally dedicated to research
in agriculture or animal husbandry.
[Amended 8-1-2005 by L.L. No. 7-2005]
N.
Farm retreat.
O.
Adult day-care facilities serving no more than four
clients at any one time.
The following uses are permitted in an Agricultural
Zone, but only upon receipt of a special approval for same from the
Board of Appeals in accordance with the procedures set forth in this
chapter:
A.
Mining, subject to the following requirements in addition
to the normal requirements for a special approval:
(1)
No special approval shall be granted until:
(a)
The Planning Board approves a site plan for
the proposed mining operations; and
(b)
The appropriate New York State authorities (DEC
or other regulatory body) has approved a reclamation plan and the
plan and any required security for the performance of the plan has
been provided to the State of New York.
(2)
There shall be a buffer area of at least 100 feet
around the perimeter of the mined area between the mined area and
any surrounding property, such buffer to consist of natural vegetation,
plantings, berms, fences, or other screening as deemed reasonable
by the Board of Appeals to minimize the auditory and visual impacts
of the mining operations on surrounding properties.
(3)
A fill permit shall be obtained in accordance with
the fill permit requirements of this chapter before commencement of
any mining operations.
(4)
Hours of operation shall be limited to business days
(days other than weekends and holidays) from 8:00 a.m. to 5:00 p.m.
local time unless the applicant, for good cause shown, demonstrates
to the Zoning Board of Appeals that special circumstances exist which
compel that the times be extended.
(5)
Notwithstanding the foregoing, if the material to
be mined is soil, gravel, or other similar types of fill, up to 50
cubic yards of such product may be mined in any one calendar year
without special approval. If more than 50 cubic yards but not more
than 250 cubic yards in any one year are being mined, the special
approval may be issued by the Director of Engineering of the Town.
In all other cases, the special approval shall be obtained as set
forth above.
The following accessory buildings or uses are
permitted as of right in an Agricultural Zone:
A.
Any farm-related structure not otherwise expressly
referred to or limited by any provision in this chapter.
B.
If the principal use is as a farm, one or more one- or two-family dwellings, subject to the occupancy limitations set forth above for one- and two-family dwellings and subject to the overall density limitations set forth below in § 270-35.
C.
If the principal use is as one- or two-family dwelling
or as a farm with dwellings; a private swimming pool, tennis court,
or other similar recreational facility for the principal private use
of the occupants of the dwelling.
D.
If the principal use is as a one- or two-family dwelling,
up to three accessory buildings, all such accessory buildings in the
aggregate not to exceed a total footprint of 1,500 square feet in
size. Any building occupied by a detached accessory dwelling unit
shall count towards the one-thousand-five-hundred-square-foot limit.
[Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
E.
Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227.
F.
A temporary building for commerce or industry, where
such building is necessary or incidental to the development of a residential
area. Such buildings may not be continued for more than one year except
upon receipt of a special approval from the Board of Appeals.
H.
The keeping of household pets in a dwelling unit or
other location adjacent to or accessory to a dwelling unit (e.g.,
outside doghouse, etc.) provided that no more than three household
pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Zoning Board of Appeals.
I.
Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.
[Added 2-12-2007 by L.L. No. 1-2007]
J.
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
K.
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
L.
If the principal use is as a one-family dwelling, a detached accessory
dwelling unit, provided that:
[Added 12-11-2017 by L.L.
No. 20-2017]
[Added 2-14-2022 by L.L. No. 3-2022]
A.
Seasonal
farm lodging facilities.
(1)
Yurts
and/or tents placed on a platform and used solely as seasonal farm
lodging facilities.
(a)
No more than 10 tents or yurts, or any combination thereof, are permitted.
(b)
No yurt or tent may be larger than 735 square feet, and all such
yurts and tents in the aggregate may not exceed a total of 5,500 square
feet.
(c)
In addition to sleeping facilities, seasonal farm lodging facilities
may include related bathroom/shower, laundry, and/or kitchen facilities
in the same tents/yurts that contain sleeping facilities, or in tents/yurts
that do not contain sleeping facilities.
(2)
Yurts
and tents may be erected for no more than 180 days in any calendar
year.
[1]
Editor’s Note: Former § 270-30, Accessory buildings
and uses authorized by special approval only, was repealed 12-11-2017
by L.L. No. 20-2017.
A.
Except as may be specifically otherwise authorized
in this chapter, in Agricultural Zones no nonagricultural building
shall exceed 38 feet in height from lowest interior grade nor 36 feet
in height from lowest exterior grade, and no nonagricultural structure
other than a building shall exceed 36 feet in height. A building occupied
by a detached accessory dwelling unit shall not exceed one story and
20 feet in height, except buildings constructed prior to the effective
date of Local Law No. 20 of the Year 2017 may exceed these two parameters
as long as the building height is not subsequently increased beyond
that existing on the effective date of said local law. Agricultural
structures, such as silos or windmills, whether on a farm parcel or
not, shall be set back a distance at least equal to their height from
all property lines.
[Amended 12-11-2017 by L.L. No. 20-2017]
B.
Notwithstanding the foregoing, the Planning Board
may, by special permit, allow a tower, other than a telecommunications
tower or facility, operated pursuant to a license issued by the Federal
Communications Commission for the transmission or reception of radio,
television, microwave, satellite, or other electrical transmissions
to be up to 80 feet in height from lowest exterior grade upon making
the findings set forth below for special permits generally and in
addition finding that:
(1)
The proposed tower is designed in accordance with
generally accepted engineering standards so that its construction
and operation will not pose a hazard to persons or property on the
ground or in the vicinity of the tower;
(2)
The topography and location of the proposed site are
reasonably adapted for the proposed use;
(3)
The size of the site is adequate in that the tower
is located on an unoccupied parcel having an area of sufficient size
that no part of the tower could fall on neighboring property should
the structure collapse; and
(4)
The plans for the site (and the vegetation, screens,
fencing or other devices when completed) provide adequate buffering
of the site and towers from adjoining land.
A.
Except as may be specifically otherwise authorized
in this chapter, in Agricultural Zones yards of at least the following
dimensions are required:
(1)
Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 nor need it be greater than 60 feet. A roadside stand authorized in § 270-26 may be located in a front yard.
(2)
Rear yard: Not less than 50 feet in depth.
(3)
Side yards: None required with respect to buildings
all on the same lot, but not less than 40 feet from any structure
to a side property line except that in one of the side yards a one-story
garage, either attached to the principal building or separate therefrom,
may be 15 feet from a side line which is not a street line.
(4)
Greater yards: Notwithstanding the foregoing, any
special yard requirements for specific uses or buildings set forth
elsewhere in this chapter shall, if more restrictive, supersede the
above yard requirements.
(5)
Buildings occupied by a detached accessory dwelling unit. Any such
buildings that are less than 200 feet from a street line must be located
in a rear yard. Any such buildings that are 200 feet or more from
a street line may be located in any yard. All buildings occupied by
a detached accessory dwelling unit must be at least 50 feet from any
side lot line and at least 35 feet from a rear lot line.
[Added 12-11-2017 by L.L.
No. 20-2017]
(6)
Swimming pools: Private swimming pools allowed for one- or two-family dwellings or farms with dwellings per § 270-29C may not be located in a front yard, and must be at least 15 feet from any side lot line or rear lot line, as measured from the edge of the pool structure.
[Added 4-11-2022 by L.L. No. 6-2022]
B.
The foregoing requirements may include any required
buffer areas and shall not be in addition to any required buffer areas.
For purposes of calculating yards, and notwithstanding the yard definitions,
yards shall be measured in Agricultural Zones to any building (other
than a roadside stand), instead of to the principal building.
The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
Subject to the density provisions regarding
subdivision of parcels of land set forth below, lots in Agricultural
Zones shall meet the following minimum requirements:
A.
Minimum lot area shall be at least two acres, subject
to the following conditions and exceptions:
(1)
A nonfarm lot subdivided for residential purposes from a parent tract as set forth below in § 270-35 shall have a minimum area of one acre and a maximum of two acres unless:
(a)
A larger area is required by the Tompkins County
Health Department to provide on-site water and septic systems, in
which event the permitted maximum area shall be increased to the minimum
area required by the Health Department for such installations; or
(b)
The applicant for approval of a subdivision requests larger lots and fewer dwellings than would be normally permitted pursuant to § 270-35 below and the Planning Board determines in considering subdivision approval that the amount of land dedicated to such larger lots does not exceed the amount of land that would have been dedicated to residential purposes had the number of dwellings and sizes of lots been in full compliance with § 270-35.
B.
Minimum width at the street line shall be 60 feet.
C.
Minimum width at the maximum required front yard setback
line (60 feet from the street line) shall be 100 feet.
D.
Minimum depth from the street line shall be 200 feet.
In order to protect agricultural uses, to preserve
the agricultural value of land, to provide for the retention of tracts
of sufficient size to be used reasonably for agricultural purposes,
and to preserve the open space qualities of the Town, creation of
nonfarm lots and the subdivision of farm parcels from parent tracts
shall be limited in the Agricultural Zone. Accordingly, and notwithstanding
the minimum lot sizes set forth above, the following additional requirements
shall apply to land within an Agricultural Zone:
A.
Any tract or parcel of land in common contiguous ownership
at the time of the adoption of this provision of the Zoning Ordinance,
subject to other normally applicable subdivision laws and regulations,
hereafter may be subdivided into no more lots than equals the total
number of acres of the tract divided by seven and rounded down to
the nearest whole number. (For example, a tract of 20 acres may be
subdivided into no more than two lots - 20 divided by seven equals
2 6/7 rounded to two.) Some of the lots, subject to other applicable
requirements, may be as small as one acre but the total number may
not exceed the above limitation.
B.
Clustering of the lots may be required by the Planning
Board as a condition to granting any subdivision approval. In determining
the design of the subdivision the following criteria should be applied:
(1)
Clustered lots should avoid prime agricultural soils,
defined as Class I and Class II by the USDA Natural Resources Conservation
Service or similar or successor agency;
(2)
Clustered lots should not interfere with natural drainage
patterns; and
(3)
To the extent reasonably possible, subdivisions shall
be approved in a manner that maintains the largest amount of contiguous
acreage for open space or agricultural use. (For example, if reasonably
possible, a seventeen-acre parcel would be divided into one one-acre
lot and one sixteen-acre lot, and a twenty-four-acre lot would be
divided into two one-acre lots and one twenty-two-acre lot.)
C.
The Planning Board, as a condition of granting subdivision approval, shall require, unless good cause is shown for omission of same, the developer to encumber the larger tracts (the noncluster lots) by deed restrictions, conservation or agricultural easements, or other mechanism satisfactory to the Planning Board, to ensure that such parcels shall remain permanently as open space or agricultural land. For this purpose, land shall still be considered open space or agricultural land if used for the purposes set forth in § 270-26, Subsections A, B, C, D, E, H (provided the same are passive recreational areas), I and L.
D.
Notwithstanding the density limitations set forth
above, any parcel of 50 acres or larger remaining after subdividing
off the clustered lots and which has been encumbered in the manner
set forth in the immediately preceding subsection, may be further
subdivided into separate ownership provided that all parcels so further
subdivided are at least 25 acres in size, and all such parcels continue
to be subject to the open space and/or agricultural easements.
Parking requirements shall be as set forth in Article XXVII.
Additional special requirements include the
following:
A.
Screening. In addition to the landscaping, screening,
fencing and buffer requirements set forth elsewhere in this chapter,
additional landscaping, fencing, screening, or earth berm may be required
to be provided by the Planning Board in the site plan review process
in any area where the proposed structure or use would, in the reasonable
opinion of the Planning Board, create a hazardous condition or would
detract from the value of neighboring property if such landscaping,
fencing, screening, or berm were not provided.
No building permit shall be issued for a building or structure within an Agricultural Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
Notwithstanding any other provisions of law,
it being the intention of this section to supersede to the extent
legally possible any prior statutory or court developed rule of law
regarding nuisances or similar types of actions, on any land in an
Agricultural Zone an agricultural practice shall not constitute a
private nuisance when an action is brought by a person, provided such
agricultural practice constitutes a sound agricultural practice pursuant
to an opinion issued upon request by the New York State Commissioner
of Agriculture and Markets. Nothing in this section shall be construed
to prohibit an aggrieved party from recovering damages for personal
injury or wrongful death.
