Evans City Zoning Code
ARTICLE IIIA
Agricultural and Open Space District
§ 200-8.1 Agricultural and Open Space District (A-OS).
A.
Intent. It is the intent of this district to maintain the rural tradition and character of the Town and stabilize land values through the preservation of rural and agricultural uses and to provide protection from uses adverse to the continuation of agricultural uses. In accordance with the Town of Evans Comprehensive Plan and the Regional Farmland Protection Plan for the Towns of Brant, Evans and North Collins, valuable agricultural, open space, scenic views and conservation and environmentally sensitive areas should be identified and protected from the undesirable impacts of growth and development. That plan recognizes agriculture and open space as an integral part of the Town to be safeguarded from loss and destruction. Farming and farm-related industries provide income and jobs for residents. Activities that preserve farmland complement efforts to protect open space, scenic vistas and wildlife habitat. Preserving agricultural uses discourages urban sprawl, promotes wiser suburban development and controls public costs, resulting in a more economical allocation of public services, thereby controlling the value of land and the tax base. Protecting agricultural uses, farmland and open space also extends the history, tradition and ethics of the Town. It is the intent of this district to maintain the integrity of agricultural uses, promote agriculture as a component of the local economy, help farmers continue viable business activities under current economic conditions, and preserve open space and the rural character of the Town. This law is intended to put the recommendations of the Evans Comprehensive Plan and the Regional Farmland Protection Plan for the Towns of Brant, Evans and North Collins into action. Furthermore, within this district any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets pursuant to Article 25-AA, § 308, shall not constitute a private nuisance.
[Amended 12-14-2011 by L.L. No. 11-2011]
(1)
No unreasonable regulations. Unless it is shown that public health or safety is threatened otherwise, none of the regulations contained in this chapter shall be construed, interpreted or imposed by the reviewing board or official in such a way as to unreasonably restrict/restrain those farms or farm operations located in a state-certified agricultural district approved pursuant to New York State Agriculture and Markets Law Article 25-AA. In instances where health or safety has been identified as being threatened by such use, these regulations shall be applicable per law, subject to review by the Department of Agriculture and Markets. By way of example and without limitation, the requirements for a special permit for a particular farm operation use for an additional accessory building may be reviewed by the farmer with the Code Enforcement Officer, or discussed with the Department of Agriculture and Markets. Pursuant to the existing provisions of the New York State Agriculture and Markets Law (including § 305-a), farm operations located within a state-certified agricultural district may have certain protections from zoning laws that unreasonably restrict farm practices. In such instances, while the terms of this chapter may prohibit or regulate certain activities or uses, any individual farm operation owner may review such proposed prohibition or regulation with the Town's Code Enforcement Officer to determine if such request is unreasonably restrictive. Further, the farm operation may, pursuant to New York State Agriculture and Markets Law § 305-a, seek a review of the provisions of this chapter from the New York State Department of Agriculture and Markets for a determination of the applicability of the regulation or restriction.
[Added 7-17-2019 by L.L. No. 6-2019]
B.
Permitted structures and uses.
(1)
Principal structures and uses.
(a)
Agricultural, floricultural, aquaculture and horticultural pursuits, including but not limited to general farms and farm-related operations and industry, organic farming, greenhouses, plant nurseries, truck gardens, vineyards, dairy husbandry, animal husbandry and the raising of crops, bees, poultry, livestock and livestock products, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits.
[Amended 12-14-2011 by L.L. No. 11-2011]
(b)
Wineries.
[Amended 12-14-2011 by L.L. No. 11-2011]
(c)
Veterinarian, including offices for large animals and animal hospitals, provided that temporary manure storage facilities and other odor-, dust-, nuisance-producing substances shall be kept at least 60 feet from any property line and 100 feet from any nearby residential structure. Temporary manure storage facilities shall be prohibited in front yard areas.
(d)
Churches or other places of worship or religious education, parish houses, convents, rectories or parsonages.
(e)
Cemeteries, including mausoleums, provided that mausoleums shall be located a minimum distance of 200 feet from any adjoining residential district.
(f)
Public and private boarding stables and commercial horse boarding operations, provided that temporary manure storage facilities and other odor-, dust-, or nuisance-producing substances are stored at least 60 feet from any property line and 100 feet from any nearby residential structure. Temporary manure storage facilities shall be prohibited in front yard areas.
(g)
Farms equipped for horse training and/or horse breeding.
(h)
Forestry, silviculture, farm woodland and tree-farming activities.
(i)
Blacksmith or farrier.
(j)
Conservation areas, wildlife preserves and refuges.
(k)
Single-family dwelling.
(l)
Provided that a parcel so zoned has claimed and been granted an exemption referenced in § 582 of the New York Real Property Tax Law, § 301, § 302, § 304 and/or § 305 of the New York Agriculture and Markets Law, or any replacement or amendment of the same governing the provision and procedure for the granting of an exemption from all or a portion of real property taxes, or the assessment and valuation of such property for the purpose of determining the value or basis for such real property tax or taxes in consequence of the use of such parcel or part thereof for agricultural purposes or pursuits as referenced in the said Real Property Tax Law and/or said Agricultural and Markets Law of the State of New York, no more than three single-family dwellings; provided, however, that as to each such single-family dwelling, the same shall comply with, and be situated on the parcel so zoned to comply with the provisions of the design regulations set forth in Subsection C of this section, and as if each such parcel was on an individual lot of size and dimensions and conditions required therein and thereby. None of the aforesaid single-family dwellings may be used or occupied by other than the owners of the parcel upon which the same are located, or officers or employees of such owner or owners, and the families of such owner, officer or employee.
[Added 1-16-2008 by L.L. No. 1-2008]
(m)
Farmers market.
[Added 12-14-2011 by L.L. No. 11-2011]
(2)
The following uses shall be allowed by special use permit authorized by the Town Board (see § 200-45 of this chapter).
(a)
Private air strips.
(b)
Sportsman and gun clubs.
(c)
Picnic grounds or groves for which a fee or rental is charged for the use of the premises, excluding all amusement devices other than customary playground apparatus.
(d)
Riding academies and arenas.
(g)
Office of resident professional, secondary and supplemental to the agricultural use, as permitted and regulated by § 200-17 of this chapter.
(i)
Commercial outdoor recreation facilities and campgrounds.
(j)
Tourist homes and bed-and-breakfast establishments in accordance with § 200-16.1 of this chapter.
(k)
Farm auction activities, open to the public on a regular basis.
(n)
Farm equipment sales and repair services.
(o)
Feed stores, tack shops and other agricultural support enterprises.
(3)
Accessory structures and uses.
(a)
Structures and uses customarily incidental to permitted principal uses, including but not limited to structures and uses for the storage of products or equipment, such as barns, sheds, silos, shops, coops.
(b)
Refreshment stands dispensing food and nonalcoholic beverages incidental to the operation of commercial picnic groves, as permitted and regulated by § 200-45 of this chapter.
(c)
Farm stands for the sale and display of agricultural products, provided that the stand shall not exceed 300 square feet in floor area and shall be set back at least 30 feet from any street line or property line, and that 50% of which has been produced on the premises or on other lands owned or leased by the applicant. No more than one stand per lot shall be permitted. Such stands, regardless of the zoning district in which they are located, must comply with § 200-23F(2) of this chapter.
[Amended 12-14-2011 by L.L. No. 11-2011]
(d)
Windmills for the pumping of water with a tower height of 100 feet maximum, and such windmill is to be no closer than 150 feet to any street line or property line (special use permit required).
[Amended 8-13-2008 by L.L. No. 7-2008]
(e)
Farm water supply ponds for irrigation purposes, provided they are not located closer than 100 feet to the front property line.
(f)
Equestrian exercise tracks and riding rings.
(h)
Dog runs and paddocks.
(i)
Beekeeping, where hives are situated no closer than 50 feet to any property line.
(l)
Noncommercial composting of waste undertaken in accordance with the Department of Agriculture and Markets Law and other applicable state and county regulations.
C.
Design regulations.
(1)
(3)
Keeping of animals.
(a)
Horses, mules or donkeys: a minimum of two acres for the first two animals and 1/4 acre for each additional animal.
(b)
Working dogs: up to six working dogs may be kept on any property measuring five acres or larger.
(c)
Keeping of other undomesticated animals for noncommercial purposes, based on the following per-unit equivalent per acre. Any combination of undomesticated animals may be kept or raised as long as it does not exceed the maximum per acre, based upon the total site acreage.
(4)
Fencing.
(a)
Fencing shall not be placed closer than 15 feet to the property line in any front yard.
(b)
Stockade and other solid fencing, with the exception of stone farm walls, shall not be placed along the side lot line closer than 60 feet from the front property line.
(c)
Fencing shall not exceed five feet in height up to 60 feet from the front property line; thereafter, fencing for the keeping of animals may be increased to a height not exceeding eight feet.
(d)
Fencing in side or rear yards may be located along the property line. (A building permit from the Code Enforcement Office will be required.)
(e)
Side yard fencing may only follow the property line from a point located 60 feet back from the front property line.
(5)
Farm water supply ponds.
(a)
All ponds shall be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions.
(b)
No pond may adversely interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.
(c)
All new ponds shall conform to the requirements of the Soil Conservation Service.
(6)
Animal waste/manure storage and land application.
(a)
Temporary or permanent waste storage facilities shall not be located less than 100 feet from any perennial or intermittent stream, spring, pond, ditch, gully or creek.
(b)
Temporary or permanent waste storage facilities and other odor-, dust-, and/or nuisance-producing substances shall be kept at least 60 feet from any property line and 100 feet from any nearby residential structure.
(c)
Temporary or permanent waste storage facilities shall be prohibited in front yard areas and shall be situated a minimum of 100 feet from any existing drinking water supply well.
(d)
Temporary or permanent liquid waste storage facilities must not leak or be otherwise unstable.
(e)
The location of an animal waste storage facility in a floodplain shall require a floodplain development permit.
(f)
Animal waste or manure, and water contaminated with waste nutrients, shall not be discharged to surface waters or groundwater.
(g)
Water runoff shall not flow uncontrolled into or across storage areas or facilities, or areas with a large concentration of animals.
(h)
Animal waste storage facilities must be properly sized for the projected accumulation based on expected application periods.
(i)
The land application of animal waste is not permitted:
[1]
Within 100 feet of an active drinking water supply well;
[2]
Within vegetated ditches, waterways, gullies, swales or other areas where concentrated water flows during times when soil is frozen, snow-covered or saturated; and
[3]
Within unvegetated water flow areas, such as intermittent streams, gullies or ditches.
(j)
Animal waste storage facilities and the land application of animal waste must comply with all provisions of the New York State Agriculture and Markets Law and other applicable state and county regulations.
D. AGRICULTURAL BUILDINGS, STRUCTURES OR FACILITIES AGRITOURISM ANIMAL BARN BOARDING STABLE CAMPGROUNDS COMMERCIAL HORSE BOARDING OPERATION CONSERVATION AREAS, WILDLIFE PRESERVES AND REFUGES CORRAL FARM AUCTION FARM EQUIPMENT FARM or FARM OPERATION HORSE FARM ORGANIC FARMING PADDOCK PASTURE RIDING ACADEMY RIDING ARENA SILVICULTURE SPORTSMAN AND GUN CLUBS STALL WORKING DOG
Definitions.[9] As used in this section, the following terms shall have the meanings indicated:
Shall include, but not be limited to, barns, silos, sheds, coops, shops, commodity buildings, farm machine or equipment storage buildings, greenhouses, stables, riding rings or arenas, exercise tracks, runs, dry lots, stalls, paddocks, pens, corrals or fences, windmills, water supply ponds, farm stands, manure storage facilities, wineries or vineyards, maple sugaring facilities or other storage buildings, outbuildings or enclosures.
Agricultural uses, such as farms, ranches and vineyards, that through promotion and advertising of facilities and activities seek to attract visitors, guests and vacationers.
Any animal, such as but not limited to poultry, birds, sheep, fish, cows, horses and other livestock.
A building used for the housing and care of horses or other livestock and for the storage of feed, hay, other crops and farm or equine equipment and permitted uses accessory to those listed herein.
A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for which the owner of the premises may receive compensation (see "horse farm").
Those areas specifically designated for temporary recreational use with a defined season and nonpermanent occupancy.
[Amended 8-17-2016 by L.L. No. 5-2016]
An agricultural enterprise or farm operation consisting of at least five acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated through boarding, breeding, training and/or sale of horses and the production and/or sale of crops associated with such operation.[10]
Areas set aside to protect and enhance habitat for the continuation of native species of birds and animals.
A fenced enclosure used for the regular confinement of livestock.[11]
The sale of agricultural property or products to the highest bidder.
Equipment and machinery required for the active production of crops and keeping of livestock, and equipment actively utilized for other farm operations.
Land and on-farm buildings, farm dwellings, farm equipment and manure processing and handling facilities; equestrian and other equine pursuits, including but not limited to the raising, breeding, boarding, care, training and sale of horses; land uses for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood; and practices that contribute to the production, preparation and marketing of crops, horticultural products, livestock and livestock products as an enterprise, whether for profit or otherwise. Such farm operation may consist of one or more parcels of owned or rented land, with the parcels being contiguous or noncontiguous to each other.[12]
A farm primarily used for the breeding and boarding of horses (see "boarding stable").[13]
A farming production system that avoids or largely excludes the use of synthetically compounded fertilizers, pesticides, growth regulators and livestock feed additives. Such systems rely on crop rotations, crop residues, animal manures, legumes, green manures, off-farm organic wastes, mechanical cultivation, mineral-bearing rocks and aspects of biological pest control to maintain soil productivity and tilth, to supply plant nutrients and to control insects, weeds and other pests.
A fenced area for turn out and/or exercising of animals.
An area used seasonally for grazing animals.[14]
An enterprise where horses may be boarded and cared for, offering instruction in riding, jumping and showing horses and/or horseback riding to the general public and/or to individuals that do not own or have a long-term lease for the horse that is boarded or otherwise kept and used at the facility for such riding.
An enclosed area or structure for equestrian training, shows and/or entertainment.[15]
A branch of forestry dealing with the care and development of forests.
Institutions whereby members and/or guests enjoy said sport without any permanent occupancy of the premises.[16]
An enclosure provided and designed for the feeding and housing of one horse.[17]
Any of various breeds of dogs developed and trained to do useful work, such as herding animals, pulling wagons or sleds, rescue activities, guarding property or guiding the blind.
[10]
Editor’s Note: The former definition of "commercial farm or livestock operation," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[11]
Editor's Note: The former definition of "crops, livestock and livestock products," which immediately followed this definition, was repealed 5-26-2010 by L.L. No. 2010.
[12]
Editor's Note: The former definitions of "farm water supply pond" and "fence," which immediately followed this definition, were repealed 5-26-2010 by L.L. No. 1-2010.
[13]
Editor's Note: The former definition of "kennel," which immediately followed this definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[14]
Editor's Note: The former definitions of "pond" and "property line," which immediately followed this definition, were repealed 5-26-2010 by L.L. No. 1-2010.
[15]
Editor's Note: The former definition of "runoff," which immediately followed this definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[16]
Editor's Note: The former definition of "stable," which immediately followed this definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[17]
Editor’s Note: The former definitions of "vineyard" and "winery," which immediately and respectively followed this definition, were repealed 12-14-2011 by L.L. No. 11-2011.
§ 200-8.2 Rural Agriculture District (R-A).
A.
Intent. It is the intent of this district to maintain the rural tradition and character of the Town through the preservation of rural residential uses, agricultural uses and open space and to provide an area of transition between more intensive agricultural activities in the Town and developed areas. In accordance with the Town of Evans Comprehensive Plan and the Regional Farmland Protection Plan for the Towns of Brant, Evans and North Collins, valuable agricultural, open space, scenic views, and conservation and environmentally sensitive areas should be identified and protected from the adverse impacts of growth and development. It is the intent of this district to protect the rural character of the Town, preserve open space resources, maintain the integrity of agricultural uses and promote agriculture as a component of the local economy. This law is intended to put into action the recommendation of the Evans Comprehensive Plan and the Regional Farmland Protection Plan for the Towns of Brant, Evans and North Collins. Furthermore, within this district any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets pursuant to Article 25-AA, § 308, shall not constitute a private nuisance.
[Amended 12-14-2011 by L.L. No. 11-2011]
B.
Permitted structures and uses.
(1)
Principal structures and uses:
(a)
Agricultural, floricultural, aquaculture and horticultural pursuits, including but not limited to general farms and farm-related operations and industry, organic farming, greenhouses, plant nurseries, truck gardens, vineyards, dairy husbandry, animal husbandry and the raising of crops, bees, poultry, livestock and livestock products, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits.
[Amended 12-14-2011 by L.L. No. 11-2011]
(b)
Wineries.
[Amended 12-14-2011 by L.L. No. 11-2011]
(c)
Veterinarian, including offices for large animals and animal hospitals, provided that temporary manure storage facilities and other odor-, dust-, nuisance-producing substances shall be kept at least 60 feet from any property line and 100 feet from nearby residential structure. Temporary manure storage facilities shall be prohibited in front yard areas.
(d)
Churches or other places of worship or religious education, parish houses, convents, rectories or parsonages.
(e)
Private nonprofit elementary or secondary schools accredited by the New York State Department of Education.
(f)
Cemeteries, including mausoleums, provided that mausoleums shall be located a minimum distance of 100 feet from any adjoining residential district.
(g)
Public and private stables and commercial horse boarding operations, provided that temporary manure storage facilities and other odor-, dust-, or nuisance-producing substances are stored at least 60 feet from any property line and 100 feet from any nearby residential structure. Temporary manure storage facilities shall be prohibited in front yard areas.
(h)
Farms equipped for horse training and/or horse breeding.
(i)
Forestry, silviculture, farm woodland and tree-farming activities.
(j)
Wildlife preserves, conservation areas and refuges.
(2)
The following uses shall be allowed by special use permit, as authorized by the Town Board (see § 200-45 of this chapter).
(a)
Private air strips.
(b)
Sportsman and gun clubs.
(c)
Commercial outdoor recreation facilities and campgrounds.
(d)
Picnic grounds or groves for which a fee or rental is charged for the use of the premises, excluding all amusement devices other than customary playground apparatus.
(e)
Riding academies and arenas.
(i)
Golf courses, including accessory buildings, structures and uses which are necessary for or customary to golf course operations, provided that no building or structure shall be less than 150 feet from any street line or property line.
(j)
Driving ranges and putting courses.
(k)
Tourist homes and bed-and-breakfast establishments in accordance with § 200-16.1 of this chapter.
(m)
Used farm equipment sales and repair services.
(3)
Accessory structures and uses.
(a)
Structures and uses customarily incidental to permitted principal uses, including but not limited to customary farm accessory structures for the storage of products or equipment, such as barns, sheds, silos, shops.
(b)
Refreshment stands dispensing food and nonalcoholic beverages incidental to the operation of commercial picnic groves, as permitted and regulated by § 200-45 of this chapter.
(c)
Farm stands for the sale and display of agricultural products, provided that the stand shall not exceed 300 square feet in floor area and shall be set back at least 30 feet from any street line or property line, and that 50% of which has been produced on the premises or on other lands owned or leased by the applicant. No more than one stand per lot shall be permitted. Such stands, regardless of the zoning district in which they are located, must comply with § 200-23F(2) of this chapter.
[Amended 12-14-2011 by L.L. No. 11-2011]
(d)
Windmills for the pumping of water with a tower height of 100 feet maximum, and such windmill is to be no closer than 150 feet to any street line or property line (special use permit required).
[Amended 8-13-2008 by L.L. No. 7-2008]
(e)
Farm water supply ponds for irrigation purposes, provided they are not located closer than 100 feet from the property line.
(f)
Equestrian exercise tracks and riding rings.
(h)
Dog runs and paddocks.
(i)
Beekeeping, where hives are situated no closer than 50 feet from any property line.
(l)
Noncommercial composting of waste undertaken in accordance with the Department of Agriculture and Markets Law and other applicable state and county regulations.
C.
Design regulations.
(1)
(3)
Keeping of animals.
(a)
Horses, mules or donkeys: a minimum of two acres for the first two animals and 1/2 acre for each additional animal.
(b)
Keeping of other nondomestic animals, for noncommercial use, based on the following per-unit equivalent per acre. Any combination of animals may be kept or raised as long as it does not exceed the maximum per acre, based upon the total site acreage.
(4)
Fencing.
(a)
Fencing shall not be placed closer than 15 feet to the property line in any front yard.
(b)
Stockade and other solid fencing, with the exception of stone farm walls, shall not be placed along the side lot line closer than 60 feet from the front property line.
(c)
Fencing shall not exceed five feet in height up to 60 feet from the front property line, thereafter, fencing for the keeping of animals may be increased to a height not to exceed eight feet.
(d)
Fencing in side or rear yards may be located along the property line. (Building permit from the Code Enforcement Office is required.)
(e)
Side yard fencing shall only follow the property line from a point located 60 feet back from the front property line.
(5)
Farm water supply ponds.
(a)
All ponds shall be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions.
(b)
No pond may adversely interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.
(c)
All new ponds shall conform to the requirements of the Soil Conservation Service.
(6)
Animal waste/manure storage and land application.
(a)
Temporary or permanent waste storage facilities shall not be located less than 100 feet from any perennial or intermittent stream, spring, pond, ditch, gully or creek.
(b)
Temporary or permanent waste storage facilities and other odor-, dust- and/or nuisance-producing substances shall be kept at least 60 feet from any property line and 100 feet from any nearby residential structure.
(c)
Temporary or permanent waste storage facilities shall be prohibited in front yard areas and shall be situated a minimum of 100 feet from any existing drinking water supply well.
(d)
The location of an animal waste storage facility in a floodplain shall require a floodplain development permit.
(e)
Animal waste or manure, and water contaminated with waste nutrients, shall not be discharged to surface waters or groundwater.
(f)
Water runoff shall not flow uncontrolled into or across storage areas or facilities, or areas with a large concentration of animals.
(g)
Animal waste storage facilities must be properly sized for the projected accumulation based on expected application periods.
(h)
The land application of animal waste is not permitted:
[1]
Within 100 feet of an active drinking water supply well;
[2]
Within vegetated ditches, waterways, gullies, swales or other areas where concentrated water flows during times when soil is frozen, snow-covered or saturated; and
[3]
Within unvegetated water flow areas, such as intermittent streams, gullies or ditches.
(i)
Animal waste storage facilities and the land application of animal waste must comply with all provisions of the New York State Agriculture and Markets Law and other applicable state and county regulations.
D. AGRICULTURAL BUILDINGS AND STRUCTURES ANIMAL BARN BOARDING STABLE CAMPSITES COMMERCIAL HORSE BOARDING OPERATION CONSERVATION AREAS, WILDLIFE PRESERVES AND REFUGES CORRAL FARM EQUIPMENT FARM or FARM OPERATION HORSE FARM ORGANIC FARMING PADDOCK PASTURE RIDING ACADEMY RIDING ARENA SILVICULTURE SPORTSMAN AND GUN CLUBS STALL
Definitions.[6] As used in this section, the following terms shall have the meanings indicated:
Shall include, but not be limited to, barns, silos, sheds, coops, shops, commodity buildings, machine or equipment storage buildings, greenhouses, stables, riding rings or arenas, exercise tracks, runs, dry lots, stalls, paddocks, pens, corrals or fences, windmills, water supply ponds, farm stands, manure storage facilities, wineries or vineyards, maple sugaring facilities or other storage buildings, outbuildings or enclosures.
Any animal, such as but not limited to poultry, birds, sheep, fish, cows, horses and other livestock.
A building used for the housing and care of horses or other livestock and for the storage of feed, hay, other crops and farm or equine equipment and permitted uses accessory to those listed herein.
A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for which the owner of the premises may receive compensation (see "horse farm").
Those areas specifically designated for temporary recreational use with a defined season and nonpermanent occupancy.
An agricultural enterprise or farm operation consisting of at least five acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated through boarding, breeding, training and/or sale of horses and the production and/or sale of crops associated with such operation.[7]
Areas set aside to protect and enhance habitat for the continuation of native species of birds and animals.
A fenced enclosure used for the regular confinement of livestock.[8]
Equipment and machinery required for the active production of crops and keeping of livestock, and equipment actively utilized for other farm operations.
Land and on-farm buildings, farm dwellings, equestrian and other equine pursuits; land uses for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood; and practices that contribute to the production, preparation and marketing of crops, horticultural products, livestock and livestock products as an enterprise, whether for profit or otherwise.[9]
A farm primarily used for the breeding and boarding of horses (see "boarding stable").[10]
A farming production system that avoids or largely excludes the use of synthetically compounded fertilizers, pesticides, growth regulators and livestock feed additives. Such systems rely on crop rotations, crop residues, animal manures, legumes, green manures, off-farm organic wastes, mechanical cultivation, mineral-bearing rocks and aspects of biological pest control to maintain soil productivity and tilth, to supply plant nutrients and to control insects, weeds and other pests.
A fenced area for turn out and/or exercising of animals.
An area used seasonally for grazing animals.[11]
An enterprise where horses may be boarded and cared for, offering instruction in riding, jumping and showing horses or horseback riding to the general public and/or to individuals that do not own or have a long-term lease for the horse that is boarded or otherwise kept and used at the facility for such riding.
An enclosed area or structure for equestrian training, shows and/or entertainment.[12]
A branch of forestry dealing with the care and development of forests.
Institutions whereby members and/or guests enjoy said sport without any permanent occupancy of the premises.[13]
An enclosure provided and designed for the feeding and housing of one horse.[14]
[7]
Editor’s Note: The former definition of "commercial farm or livestock operation," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[8]
Editor's Note: The former definition of "crops, livestock and livestock products," which immediately followed this definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[9]
Editor’s Note: The former definition of "farm water supply pond," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011, and the former definition of "fence," which immediately followed that definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[10]
Editor’s Note: The former definition of "kennel," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[11]
Editor’s Note: The former definitions of "pond" and "property line," which immediately and respectively followed this definition, were repealed 12-14-2011 by L.L. No. 11-2011.
[12]
Editor’s Note: The former definition of "runoff," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[13]
Editor's Note: The former definition of "stable," which immediately followed this definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[14]
Editor’s Note: The former definitions of "vineyard" and "winery," which immediately and respectively followed this definition, were repealed 12-14-2011 by L.L. No. 11-2011.
§ 200-8.3 Right to farm.
A.
Intent and purpose.
(1)
The Evans Town Board finds, declares and determines that agriculture and family farms have contributed to the economy, scenic landscape, culture and quality of life in the Town of Evans and are a vital and valued part of the community. Agriculture provides employment and locally produced fresh commodities; agricultural diversity promotes economic stability; agriculture maintains open space and promotes environmental quality; and agricultural land does not increase the demand for services provided by local governments. In order to maintain a viable farming economy in the Town of Evans, farmers must be afforded protection allowing them the right to farm. When nonagricultural land uses extend into agricultural areas, agricultural operations may become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operation or are discouraged from making investments in agricultural improvements.
(2)
It is the purpose of this article to reduce the loss of agricultural resources in the Town of Evans by practices inherent to and necessary for the business of farming to proceed and be undertaken free of reasonable and unwarranted interference or restriction.
B.
Right-to-farm declaration.
(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 Town of Evans at all such times and in all such locations as are reasonably necessary to conduct the business of agriculture. For any agricultural 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 increased knowledge and improved technologies.
(2)
Agricultural practices conducted on farmland shall not be found to be a public or private nuisance if such agricultural practices are:
(a)
Reasonable and necessary to the particular farm or farming operation;
(b)
Conducted in a manner that is not negligent or reckless;
(c)
Conducted in conformity with generally accepted agricultural practices;
(d)
Conducted in conformity with all local, state, and federal laws and regulations;
(e)
Conducted in a manner that does not constitute a threat to public health and safety or cause injury to health or safety of any person; and
(f)
Conducted in a manner that does not unreasonably obstruct the free passage or use of navigable waters or public roadways.
(3)
Nothing in this article shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death.
C.
Severability clause. If any part of the article for any reason, is found to be unconstitutional or invalid, such decision shall not affect the remainder of this article.
D.
Duty of Town officers and boards to consider impact of farm operations on certain applications. The legislative intent and purpose of this article shall be taken into consideration by each Town officer and/or board in processing any application or request for rezoning, site plan approval, and/or special use permit approval when the property that is the subject of such application is located within one mile of an existing farm. Such Town officer and/or board shall, as part of its review of such application, determine whether appropriate and reasonable conditions may be prescribed or required that would further the purposes and intent of this article as part of an approval of the application. Such appropriate and reasonable conditions shall be determined on a case-by-case basis and may include, but not be limited to, requiring declarations, deed restrictions and/or covenants that run with the land and would notify future purchasers and owners of the subject property that owning and occupying such property might expose them to certain discomforts or inconveniences resulting from the conditions associated with agricultural practices and operations in the Town.
E.
Notification of real estate buyers. In order to promote harmony between farmers and their new neighbors, the Town of Evans requires landholders and/or their agents and assigns to provide notice to prospective purchasers and occupants as follows:
"This property is within the Town of Evans. It is the policy of the Town to conserve, protect, and encourage the development of farm operations within our borders for the production of food and other products, and one should be aware of the inherent potential conditions associated with such purchases or residence. Such conditions may include, but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery during any hour, day or night, storage and disposal of plant and animal waste products, and the applications of chemical fertilizers, soil amendments, herbicides, and pesticides by ground or aerial spraying or other methods. Occupying land within the Town of Evans means that one should expect and accept such conditions as a normal and necessary aspect of living in such an area." |
F.
Informal resolution of disputes.
(1)
Should any controversy arise regarding any inconveniences or discomforts occasioned by an agricultural operation, including but not limited to noise, odors, fumes, dust, the operation of machinery, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and/or pesticides, the parties may submit the controversy to the agricultural advisory committee as set forth below in an attempt to resolve the matter prior to the filing of any court action.
(2)
Any controversy between the parties may be submitted to the agricultural advisory committee, whose decision shall be advisory only, within 30 days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.
(3)
The effectiveness of the agricultural advisory committee as a forum for resolution of grievances is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.
(4)
The controversy shall be presented to the committee by written request of one of the parties within the time limits prescribed above. The committee will investigate the facts of the controversy within 30 days of receipt of the request and must hold a meeting to consider the merits of the matter and, within 20 days of the meeting, must render a written decision to the parties. At the time of meeting, both parties shall have an opportunity to present what each party considers to be the pertinent facts.
G.
Effective date. This article shall be effective immediately upon acceptance by the Evans Town Board and filing with the New York Secretary of State.
H. AGRICULTURAL ADVISORY COMMITTEE AGRICULTURAL PRODUCTS FARMER GENERALLY ACCEPTED AGRICULTURAL PRACTICES
Definitions. Unless specifically defined above, words or phrases used in the article shall be interpreted so as to give them meanings they have in common usage and to give this article its most reasonable application.
Comprised of local farmers and members of the farming industry (not to exceed five), and a member of the Evans Planning Board, one representative from the Erie County Farm Bureau and a Town Board liaison, as designated by the Town Board, for the purpose of providing guidance on agricultural issues and land use policies impacting farms, and to minimize, mediate and resolve conflicts between farmers and non-farm neighbors, as specified in § 200-8.4 of the Evans Town Code.[1]
Those products as defined in Section 301(2) of Article 25-AA of the Agricultural and Markets Law.[2]
Any person, organization, entity, association, partnership, or corporation engaged in the business of agriculture, for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock, poultry, fur-bearing animals, or fish, the harvesting of timber or the practicing of horticulture or apiculture.
Those practices which are feasible, lawful, inherent, customary, necessary, reasonable, normal, safe and typical to the industry or unique to the commodity as they pertain to the practices listed in § 200-8.3B(2), entitled "agricultural practices."
§ 200-8.4 Agricultural Advisory Committee.
A.
Title and purpose. This section shall be known as the "Agricultural Advisory Committee Law of the Town of Evans, New York." The purpose of this section is to establish an element of local government that can help the Town to:
(1)
Recognize the importance of agriculture as both a vital local economic base and as a landform that provides the Town of Evans with much of its rural, rustic character and charm.
(2)
Assure the continued viability of farming as an industry, which is important to the local economy and to the preservation of open space and vistas.
(3)
Provide for the most beneficial relationship between the use of land and buildings and the agricultural practices of the community.
(4)
To further encourage the wise use and management of the Town's natural resources through modern farming practices.
(5)
Provide a means for minimizing, mediating and resolving conflicts between farmers and nonfarm neighbors.
B.
Formation of Committee; membership; terms of office
(1)
The Committee shall be composed of five members appointed by the Town Board as follows:
(a)
Five residents of the Town of Evans from the agricultural community, including but not limited to representatives from the greenhouse, crop production, equine and dairy segments of the industry. The members shall recommend a Chairperson for appointment by the Town Board.
(b)
One member of the Planning Board, one representative from the Erie County Farm Bureau and one member of the Town Board shall serve as ex-officio members.
This Committee shall seek guidance and assistance from other Town departments, boards and committees, as deemed necessary to carry out its duties. |
(2)
The members appointed to the Committee shall serve for a three-year term. Upon initial formation, one member shall serve for a one-year term, two members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms.
(3)
Appointments shall be from January 1 through December 31.
(4)
Members shall serve without salary.
C.
Powers and duties. The Committee shall carry out the following:
(1)
Advise the Town Board and the County Agricultural and Farmland Protection Board in relation to the proposed establishment, modification, continuation or termination of any county agricultural district. The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area.
(2)
Review of any proposed zoning amendments, policy change or development action proposed within the Town.
(a)
Whenever a zoning amendment, policy change or development action (residential, business or industrial) is proposed that may affect a county agricultural district or a Town agricultural zoning district, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to review the action and respond with a recommendation(s) for the action(s).
(b)
The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s) will have an unreasonable adverse effect on the continued viability of a farm enterprise or enterprises within the county agricultural district or Town agricultural zoning districts. This recommendation(s) shall be advisory only.
(3)
Review county, state and federal legislation affecting agricultural issues and communicate the effect to the appropriate board and/or the Town Board.
(4)
Serve as a vehicle for communication between the agricultural community, the Town and/or the County Agricultural and Farmland Protection Board on the potential impacts or benefits of a variety of agricultural matters and issues.
(6)
Meet on a regular basis, as determined necessary by Committee members, to carry out required duties, as listed above, but no less than two times a year, for review and recommendation purposes. As previously noted, the review and recommendations shall focus on zoning, planning activities and other actions proposed within the county agricultural districts and Town agricultural zoning districts.
(7)
Submit to the Town Board an annual summary report of the activities of the Agricultural Advisory Committee. This summary report shall be submitted in January and outline activities undertaken during the previous year.
§ 200-8.5 Agritourism and agribusiness enterprises.
[Added 2-15-2023 by L.L. No. 1-2023]
A.
Purpose and intent.
(1)
The purpose of these regulations is to allow agritourism and agribusiness uses in the Town of Evans, while maintaining the Town's character; preserving farmland of the area; and protecting the health, safety, and welfare of the public. Agritourism and agribusinesses present unique opportunities to provide a number of financial, educational and social benefits to producers, the community, and tourists. Agritourism and agribusinesses give producers an opportunity to generate additional income and an avenue for direct marketing to consumers. It also provides communities with the potential to increase their local tax bases and new employment opportunities. Further, it provides educational opportunities to the public, helps preserve agricultural lands and allows the development of businesses that contribute to the local economy.
(2)
The Town of Evan's Comprehensive Plan, the Agriculture and Farmland Protection Plan, and the Sowing the Seeds of Southtowns Agribusiness Study all express a commitment and desire to support agricultural enterprises within its boundaries. As such, the following regulations have been established to allow and reduce barriers to the operation of agritourism and agribusiness enterprises, while ensuring that the health, safety, and welfare of the public is not compromised.
B. AGRIBUSINESS AGRICULTURAL BUILDINGS, STRUCTURES OR FACILITIES AGRITOURISM CANNABIS MICROBUSINESS FARM BREWERY FARM CIDERY FARM DISTILLERY FARM MARKET FARM MEADERY FARM WINERY ON-FARM COMMERCIAL PROCESSING ROADSIDE STAND
Definitions. As used in this section, the following terms shall have the meanings indicated:
An agribusiness is an enterprise operated as an accessory use to an active farm on the same premises, providing products or services principally utilized in agricultural production, including structures, agricultural equipment and agricultural equipment parts, batteries and tires, livestock, feed, seed, fertilizer and equipment repairs, or the sale of grain, fruit, produce, trees, shrubs, flowers or other products of agricultural operations, and including breweries, cideries, distilleries, wineries, and juice production that are not otherwise specifically defined as a farm operation.
A building, structure, or facility directly and customarily associated with agricultural use.
Agricultural uses that seek to attract visitors, guests and vacationers through the promotion and advertising of facilities and activities related to recreational, education, and entertainment activities. Agritourism uses are incidental and subordinate to an existing, active farm operation, are intended to supplement farm income and economic viability and are conducted to enhance the public's understanding, awareness, and enjoyment of farming and farm life. This would include, but not be limited to, activities such as petting zoos, hayrides, corn mazes, U-pick activities, horticulture, sugar shacks, agricultural education tours, and other such recreational activities and educational demonstrations.
An enterprise that is licensed by the New York State Office of Cannabis Management (NYSOCM) to act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer under the New York State Marihuana Regulation and Taxation Act (MRTA); provided such licensee complies with all requirements imposed by the MRTA and NYSOCM on licensed producers, processors, distributors and retailers to the extent the licensee engages in such activities.
An enterprise engaged in the production and sale of beer, operated as an accessory use to an active farm operation on the same premises, licensed and regulated as a farm brewery by the State of New York, and including as subsidiary activities the sale of gifts, clothing, beverage tastings, prepared foods and other items that promote the sale of agricultural products.
An enterprise engaged in the production and sale of cider, operated as an accessory use to an active farm operation on the same premises, licensed and regulated as a farm cidery by the State of New York, and including as subsidiary activities the sale of gifts, clothing, beverage tastings, prepared foods and other items that promote the sale of agricultural products.
An enterprise engaged in the production and sale of liquor, operated as an accessory use to an active farm operation on the same premises, licensed and regulated as a farm distillery by the State of New York, and including as subsidiary activities the sale of gifts, clothing, beverage tastings, prepared foods and other items that promote the sale of agricultural products.
A permanent structure, with or without appurtenant open-display area, for the retail and wholesale sale of agricultural produce and other natural, processed, or manufactured food products which are directly linked to and promote the use and sale of agricultural products.
An enterprise engaged in the production and sale of mead, operated as an accessory use to an active farm operation on the same premises, licensed and regulated as a farm meadery the State of New York, and including as subsidiary activities the sale of gifts, clothing, beverage tastings, prepared foods and other items that promote the sale of agricultural products.
An enterprise engaged in the production and sale of wine, brandies distilled as the by-product of wine or other fruits, or fruit juice, operated as an accessory use to an active farm operation on the same premises, licensed and regulated as a farm winery by the State of New York, and including as subsidiary activities the sale of gifts, clothing, beverage tastings, prepared foods, food and drink service, and other items that promote the sale of agricultural products.
The production or processing of whole fruit and vegetables, baked cakes, muffins, pies or cookies, candy, jellies, jams, preserves, marmalades, and fruit butters, cheeses, butters, and other milk-derived products, meats and meat products and other foodstuffs, as regulated by state and federal law, for wholesale or retail sale, and operated as an accessory use to an active farm operation engaged in the production, preparation and marketing of crops, animal husbandry, livestock and livestock products as a commercial enterprise.
A temporary structure or permanent accessory structure, wagon, or trailer, from which agricultural products produced on-site may be sold seasonally.
C.
Applicability.
(1)
The requirements set forth in this section shall apply to all agribusiness and agritourism enterprises taking place in the Agriculture Open Space District (AOS) and the Rural Agriculture District (RA).
(2)
Modifications and alterations that change the intensity of the enterprise shall be subject to the regulations set forth in this section. Such changes may include, but are not limited to:
(a)
Increases in the number of attendees expected at a given time.
(b)
Increases in the number of vehicles on site at a given time.
(c)
Increases in the number of vehicle trips generated.
(d)
The addition or modification of buildings, structures, and facilities to accommodate such enterprises and the public.
D.
General requirements. The following requirements apply to all agribusiness and agritourism enterprises to ensure that concerns related to the health, safety, and welfare of the public and the community are addressed.
(1)
Sufficient parking must be provided.
(2)
Sufficient trash receptacles for the deposit of trash shall be provided to eliminate the littering of trash on roadways and adjacent properties.
(3)
All necessary licenses and permits must be obtained from applicable federal, state, and local agencies. All prepared food available for sale must be prepared and sold in accordance with applicable federal, state, and local regulations. If necessary, building and operating permits must be obtained prior to operating.
(4)
Any events must obtain necessary licenses and permits as required by the Town Clerk's Office.
(5)
Sufficient access roads and/or driveways must be safe and well maintained.
(6)
Noise levels must not exceed the sound levels established in Chapter 137, Noise, of the Town of Evans Code.
(7)
Sufficient sanitation facilities must be provided and accessible in accordance with applicable federal, state, and local regulations.
(8)
Hours of operation must occur between 7:00 a.m. and 11:00 p.m.
(9)
Agricultural enterprises must be incidental to and directly supportive of the agricultural use of the property and the local agricultural community and must not significantly impact the agricultural viability or rural character of neighboring properties.
(10)
All proposed structures, equipment or material shall be readily accessible for fire, police or emergency personnel.
E.
Standards and procedures. Agribusiness and agritourism enterprises are separated into the following categories:
(1)
Minimum impact. Minimum impact enterprises are uses or venues that are anticipated to pose minimal impact to the surrounding farms, properties, and character of the area. This could include, but is not limited to, uses and events such as: U-pick operations; farm stands; agriculture craft and gift sales from a primary residence; small tours and educational seminars; technical demonstrations and sales (canning, weaving, soap-making, etc.); small-scale outdoor recreation opportunities (walking trails, fishing); home processer and commercial processing operations as allowed and regulated by federal, state, and local regulations.
(a)
Criteria. Minimum impact enterprises may meet one or more of the following:
[1]
The use has 10 or less attendees at a given time.
[2]
The use has five or less vehicles on the site at a given time.
[3]
The use generates 30 or less vehicle trips a day. Entering the premises will count as a single trip and exiting the premises will count as another.
[4]
The use does not require additional structures greater than 300 square feet, or modifications to structures to accommodate the public.
(b)
Permitting. Minimum impact enterprises shall be permitted by right.
(2)
Small scale. A small scale enterprise is a use or facility that is not anticipated to adversely impact surrounding farms, property owners, and the character of the area, but may involve larger accessory buildings, structures, and facilities in order to accommodate the enterprise and the public. This could include, but is not limited to, uses and events such as: farm markets; farm cideries, breweries, wineries, distilleries, and meaderies; cannabis microbusinesses; small wedding venues; value added processing, local products retail store, small scale produce auction, and farm museums or exhibits.
(a)
Criteria. Small scale enterprises may meet one or more of the following criteria:
[1]
The use has between 11 and 50 attendees at a given time.
[2]
The use has between six and 25 vehicles on the site at a given time.
[3]
The use generates between 31 and 80 vehicle trips a day. Entering the premises will count as a single trip and existing the premises will count as another.
[4]
The use requires additional structures, or modifications to structures, greater than 300 square feet and less than the maximum size allowed for agricultural buildings and structures as permitted within the underlying district. Where a maximum is not given, the maximum for small scale enterprises will be 2,000 square feet. Buildings open to the public are subject to building code requirements and permits.
(b)
Permitting. Small scale enterprises shall be eligible for a Planning Board review waiver and subject to the Agricultural Planning Board review waiver. The Planning Board Waiver Review Committee and Agricultural Advisory Committee may impose necessary conditions to ensure the health, safety, and welfare of the community. Applicants will be required to meet with the Planning Director in advance of submitting an application. Should the waiver be denied, the applicant may submit a full site plan to be reviewed by the Planning Board in accordance with § 200-42. At the discretion of the Planning Director, the application must include the following:
[1]
A sketch of the parcel on a location map (e.g., tax map), showing boundaries and dimensions of the parcel of land involved, and identifying contiguous properties and any known easements or rights-of-way and roadways. If there is an existing survey of the property available, this is preferred.
[2]
Show the existing features of the site including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.
[3]
Show the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic.
[4]
Show the proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas, or manure storage/manure composting sites.
[5]
Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings.
[6]
Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner.
[7]
If any new structures are going to be located adjacent to a stream or wetland provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
[8]
If necessary, all legal requirements must be met and all necessary licenses and permits must be obtained prior to the occurrence of the event and/or prior to the certificate of occupancy being issued. Copies of licenses and permits shall be provided to the Town.
[9]
An application form must be submitted, as provided by the Town of Evans.
[10]
A complete application must be submitted a minimum of 45 days prior to the start of the use.
(3)
Large scale. A large scale enterprise is a use or facility that may impact surrounding farms, property owners, and character of the area through noise, light, and/or traffic. This could include, but is not limited to, uses such as: equestrian shows, on-farm concerts, event centers, on-farm restaurants, farm stays, and large wedding venues.
(a)
Criteria. Large scale enterprises may meet one or more of the following criteria:
[1]
The use has over 50 attendees at a given time.
[2]
The use has over 25 vehicles on the site at a given time.
[3]
The use generates over 80 vehicle trips a day. Entering the premises will count as a single trip and exiting the premises will count as another.
[4]
The use includes bed-and-breakfast operations.
[5]
The use requires additional buildings or structure, or modifications to an existing structure, in excess of 2,000 square feet to accommodate the public.