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Cambria Town City Zoning Code

ARTICLE III

Agricultural and Residence Districts AR

§ 288-300 Permitted uses of land and buildings and other structures.

The Agricultural and Residence Districts AR are primarily for agricultural and nonfarm or suburban residential uses. No building or other structure shall be built, altered or erected to be used for any purpose other than the following:
Any form of agriculture, animal husbandry or horticulture including the storage, processing and sale of farm products, including signs advertising the sale thereof, a substantial amount of which must be produced on the premises except that animal husbandry is prohibited on lots smaller than five acres in size. In any form of animal husbandry, the animals must be substantially supported from, and waste therefrom disposed, upon the resident farm or its associated acreage. Furthermore, sufficient land must be available to support the type of animal husbandry practiced.
One-family dwelling.
Two-family or semidetached dwelling.
Accessory use buildings or structures including private garages as defined herein. Two buildings (only one of which may be a garage) unattached to a principal structure and not exceeding 1,000 square feet each, shall be allowed. All structures, including accessory buildings, shall not exceed 35% of the total lot size. No accessory use building or other structures, including private garages, shall be constructed until the principal building is completed or under construction.[1]
[1]
Editor's Note: Former Section 300(5), regarding keeping of transient roomers or boarders, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Outdoor storage of not more than one each of the following vehicles, provided they are in working condition, owned and are for the personal use by the owner, resident or lessee of the premises: boat, boat trailer, recreational vehicle, utility trailer. The setback for the storage of such vehicles shall be a minimum of 40 feet from the road right-of-way and any such vehicle shall be parked in the driveway of the premises. Outdoor storage of trailers used for commercial purposes or commercial vehicles as defined herein shall not be permitted, except that one commercial tractor owned by the owner or lessee of the premises and parked not closer than 200 feet from the road right-of-way and 100 feet from any adjoining lot line may be stored outside.
Open parking for operative passenger vehicles for persons visiting or residing on the premises.[2]
[2]
Editor's Note: Former Section 300(8), regarding playhouses, tool houses or garden houses, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Private swimming pool not operated for gain.
Public park and playgrounds.
Temporary stands where agricultural or garden products are sold which are produced predominantly in or upon the property or in the Town of Cambria or as a farm operation as defined hereunder, may be erected and used by the owner of that property, provided the stand shall be located not nearer than 20 feet from the street or highway right-of-way, and further proper and adequate driveways and parking shall be maintained in connection therewith.
Permanent stands used for the sale of agricultural or garden products which are predominantly produced in the Town of Cambria, or as a farm operation as defined hereunder, but which are not defined as agribusiness hereunder, shall be at least 70 feet from the highway right-of-way and no closer than 100 feet from any sideline. Sufficient off-road parking shall be provided, including off-road parking for buses, if applicable.
Tennis Court not operated for gain.
Barns and other buildings, used for active agricultural purposes.
Home occupations.
Agricultural tourism, subject to site plan review for such a use pursuant to § 288-605 hereof.
Other uses and buildings and structures as provided by §§ 288-1100, 288-1101, 288-1106 and 288-1107.

§ 288-301 Prohibited uses.

All uses not permitted in § 288-300 are prohibited herein except as allowed under the Article XI provisions pertaining to special permits.
Mining, quarry, sand pit, topsoil stripping.
Any and all signs other than signs for the sale of farm products, real estate signs and temporary signs including political signs located in compliance with this chapter.
Wineries, cideries, distilleries, breweries, microbreweries, meaderies, etc., which are licensed as "Farm Wineries," etc., by the New York State Alcohol Beverage Control (ABC) Law § 76, et seq., whose agricultural crops used to produce the farm winery's alcoholic beverages do not constitute a farm operation under the New York State Agriculture and Markets Law § 305-a due to less than 51% of the agricultural crops used to produce the farm's alcoholic beverage being grown by the farm.

§ 288-302 Area, yard and height provisions.

Area per dwelling unit and lot dimensions:
For a one-family dwelling unit in the Cambria Sewer District, the minimum lot dimensions per dwelling unit shall be 125 feet by 200 feet and the minimum width of the lot at the street right-of-way shall be 125 feet.
For a one-family dwelling unit in the Escarpment District or north of the Cambria Sewer District, the minimum lot dimensions per dwelling unit shall be 150 feet by 200 feet and the minimum width of the lot at the street right-of-way shall be 150 feet.
For a two-family or a pair of semidetached dwellings in the Cambria Sewer District, the minimum dimensions shall be 200 feet by 200 feet and the minimum width of the lot at the street right-of-way shall be not less than 200 feet.
For a two-family or a pair of semidetached dwellings in the Escarpment District or north of the Cambria Sewer District, the minimum lot dimensions shall be 250 feet by 200 feet and the minimum width of the lot at the street right-of-way shall be 250 feet.
Front yards. No building or part of a building including open porches other than steps, eaves and cornices, chimneys, bay windows projecting out from the building not more than two feet and similar fixtures shall extend nearer the street right-of-way of a street than the average distance of setback of the nearest main building within 150 feet on each side of said building and fronting on the same side of the street. When only one building exists on the same side of the street as the building to be erected and within 150 feet thereof, the building setback from the right-of-way of the street shall not be less than the average between the setback of the existing building and 60 feet on all roads. Where no building exists on the same side of the street with the building to be erected within 150 feet thereof measured at the road right-of-way, the minimum setback shall be 60 feet and the maximum setback shall be 125 feet from the right-of-way of all roads. However, the above shall not apply to require placing a building more than 10 feet back or forward of the front main wall of an existing adjacent building within 150 feet thereof. Building setbacks specifically established by any other action of the Town, Zoning or Planning Board or other restrictions of record in effect on any effective date of any amendment to this section of this chapter pertaining to maximum setbacks shall take precedence over the above.
Rear yards. There shall be a rear yard with a depth of not less than 30 feet.
Side yards.
For a single-family dwelling, there shall be two side yards, each having a minimum width of 15 feet.
For a two-family dwelling, there shall be two side yards with a total width of not less than 40 feet and a minimum width for each side yard of 15 feet.
For each semidetached dwelling, there shall be a side yard of not less than 20 feet.
For a nonresidential building other than a private garage or other accessory building there shall be two side yards with a total width of not less than 60 feet and the width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
Lots abutting more than one street. Front yard setback requirements provided in § 288-302B shall apply to all yards abutting streets. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 160 feet.
Height. For each foot that a residential building exceeds 35 feet the total width of the two side yards shall be increased by two feet. For each foot that nonresidential building accessory thereto exceeds 35 feet, the total width of the two side yards shall be increased by four feet.
All setbacks and lot size requirements referenced herein shall be determined upon a minimum road right-of-way of four rods (66 feet).

§ 288-303 Barns and other accessory buildings.

No detached garage shall be placed closer to a side or rear property line than 10 feet, shall not be closer than the front foundation of the house or 60 feet from the street right-of-way, and in the case of a lot abutting more than one street, shall not be closer to either street than the area of the foundation closest to each street or 60 feet from each street right-of-way.
No accessory building as defined herein shall be placed closer to the side or rear property lines than 10 feet, shall not be closer than 25 feet to the principal dwelling, shall not be placed closer to the street line than the rear main wall of the principal dwelling, and in the case of a lot abutting more than one street, shall not be placed closer to either street than the area of the foundation farthest from each street.
Exceptions:
Three to five acres. No accessory building as defined herein shall be placed closer to the side or rear property lines than 20 feet and every foot above 15 feet in height an additional two feet shall be required of lot line setback, shall not be closer than 25 feet to the principle dwelling, shall not be placed closer to the street line than the rear main wall of the principle dwelling, and in the case of a lot abutting more than one street, shall not be placed closer to either street than the area of the foundation farthest from each street.
Five acres. No accessory building as defined herein shall be placed closer to the side or rear property lines than 100 feet, shall not be closer than 25 feet to the principle dwelling, shall not be placed closer to the street line than the rear main wall of the principle dwelling, and in the case of a lot abutting more than one street, shall not be placed closer to either street than the area of the foundation farthest from each street.
In relation to an attached garage or carport built as a structural part of a dwelling, with or without breezeway connection, the same side and front yards shall be required as for a dwelling and such side yards shall be measured from the outer walls of such garage or carport.
No barn or building used for active farm operations, other than a building containing less than 150 square feet, shall be constructed within 100 feet of the highway right-of-way or within 25 feet of the principal dwelling, nor within 100 feet of any other property line.
Land requirements for accessory buildings:
Zero acres to one acre: Allowed two accessory buildings: each building not to exceed 1,000 square feet; total not to exceed 2,000 square feet.
One acre to three acres: Allowed two accessory buildings: one building can be up to 1,500 square feet; total not to exceed 2,500 square feet.
Three acres to five acres: Allowed two accessory buildings: one building can be up to 2,000 square feet; total not to exceed 3,000 square feet.
Five acres or more: See Article III, § 288-303D.

§ 288-304 Location of driveways.

No driveway center line shall intersect a street less than 50 feet from the intersection of any two street right-of-way lines. Driveways shall comply with all permit regulations applicable thereto. The following conditions shall apply to installation of driveways providing access for ingress and egress on Town streets and roads:
Culvert pipe must be sized by the Town Superintendent of Highways.
New corrugated metal pipe or reinforced concrete with bells and polyvinyl reinforced pipe acceptable to the Highway Superintendent shall be permitted.
Corrugated metal pipes will be spliced and bolted with approved corrugated metal pipe collars.
Pipe will be placed in the center line of ditch.
The ditch will have to have sod and enough material removed to allow corrugations or bells to have proper grade for flow through the pipe.
No permanent concrete structures will be placed on highway right-of-way, such as headwalls, curbs, driveway markers, or driveway aprons.
The driveway approach grade will be the same grade as the highway shoulder so as not to allow drainage off the driveway onto the highway.
Any violation of the above or the actual permit will result in the instant revocation of the permit and the structure will then be removed.
Any blacktop placed upon Town property must be placed according to Town Specifications and will be the responsibility of the property owner should any damage result.
Any culvert pipe installed on the Town right-of-way must be graded to allow corrugations or bells to have proper grade for flow through the pipe, and in no event shall said pipe or cover restrict highway drainage.
Such drainage pipe must have a drop inlet every 100 feet.
Turnarounds. As required in § 288-1127.
Driveways on other than Town streets and roads shall comply in all respects with the rules and regulations of the authority having jurisdiction over said streets and roads.

§ 288-305 Subdivided lots in the Agricultural-Residential Zone.

Residential subdivisions approved within the Agricultural-Residential Zone shall comply with all provisions in § 288-400 through § 288-405 except lot sizes in § 288-402A(1) and (2).