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Gates City Zoning Code

ARTICLE XVIII

Farm and Farm Operation Regulations

[Added 12-1-2025 by L.L. No. 3-2025]
[1]
Editor’s Note: Former Art. XVIII, Flood Damage Prevention, was repealed 5-6-2019 by L.L. No. 1-2019.

§ 190-71 Location where Farm and Farm Operation Uses are permitted.

Farm, Farm Operation, Commercial Farm, and Noncommercial Farm uses shall be permitted only on parcels that are simultaneously:
Located within a certified Monroe County Agricultural District, and
Located within an Agricultural District established under New York State Agriculture and Markets Law Article 25-AA.
Such uses are not permitted on parcels that do not meet both criteria.

§ 190-72 Compliance with New York State Agriculture and Markets Law.

Farm operations permitted under this section, when located within a certified Agricultural District, shall be protected and regulated consistent with Article 25-AA of the New York State Agriculture and Markets Law, including § 305-a regarding unreasonable local restrictions.

§ 190-73 Loss of Agricultural District Designation; cessation of farm use.

If a parcel containing a Farm or Farm Operation is removed from either:
The Monroe County Agricultural District, or
The New York State Agricultural District under Article 25-AA,
The farm use shall immediately become non-permitted under this chapter.
Upon such removal, all farm and farm-operation activities shall cease within six months of the date of removal.
The property owner shall notify the Code Enforcement Officer within 30 days of receiving notice of removal.

§ 190-74 No nonconforming use status granted.

A Farm, Farm Operation, Commercial Farm, or Noncommercial Farm that becomes prohibited due to the parcel's loss of Agricultural District designation shall not acquire nonconforming use status and must cease as required in Subsection C.

§ 190-75 Accessory agricultural uses: Farmstands, U-pick, agritourism, and product sales.

Accessory nature. Farmstands, U-pick operations, Community Supported Agriculture (CSA) pickup areas, seasonal crop sales, on-farm educational activities, agritourism, and other similar uses shall be permitted only as accessory uses to a lawful Farm or Farm Operation allowed under this section.
Product source requirement. A majority of products sold or offered at farmstands, U-pick operations, or CSA distribution points must be grown, raised, or produced on the Farm or Farm Operation, consistent with NYS Agriculture and Markets Law practices.
Supplemental products from other local farms are allowed when consistent with AML's definition of farm marketing.
Structures and scale. Farmstands may include temporary, seasonal, or permanent structures normally associated with direct on-farm marketing. Structure size and location shall not impose requirements inconsistent with NYS AML § 305-a.
Agritourism and educational activities. Activities including but not limited to:
Farm tours,
U-pick fruit and vegetable operations,
Hayrides,
Corn mazes,
Farm-based education,
Farm dinners or similar small-scale events,
shall be permitted when they are customarily incidental to the agricultural use and consistent with AML guidance on on-farm marketing and agritourism.
Parking and traffic. Parking and access areas for farmstands and U-pick operations shall be permitted on-farm, provided they do not create off-site safety hazards. Requirements shall not impose unreasonable restrictions inconsistent with AML § 305-a.
Cessation when farm use ends. All farmstands, U-pick operations, and other accessory agricultural activities shall cease:
When the primary Farm or Farm Operation ceases, or
When the parcel loses its Agricultural District designation and the six-month cessation period ends.

§ 190-76 Dimensional requirements.

All requirements for setbacks; signage; and fences, hedges, buffers, and berms shall be as required in Article XIX herein, and consistent with the requirements of Article 25-AA of the NY Agriculture and Markets Law.