The purpose of the Agricultural District is to ensure that agriculture can be a primary land use and to encourage more agricultural uses and agricultural-related uses in this area of the Town. The Town seeks to promote the vitality of agriculture and agricultural-related uses in the Town of Hamburg as an essential element in the economic stability and future of the Town, to preserve the rural character of the Town, to assure compatible types and densities of development on and adjacent to lands that are used for agricultural pursuits and, in keeping with the declared policy of the state, pursuant to New York State Agriculture and Markets Law, Article 25-AA, § 300, to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products and to conserve and protect agricultural lands as valued natural and ecological resources which provide needed open spaces for clean air sheds, as well as for aesthetic purposes.

In creating this agricultural zoning district, the Town also acknowledges that agriculture and agricultural-related practices are constantly evolving and that practices and uses that may presently not be considered normal agricultural practices may be important to the future of agriculture in the Town and the viability of those agricultural businesses. This will be utilized when interpreting allowable agricultural-related uses in this district.

Persons and entitles not engaged in agricultural pursuits in the agricultural zone should be aware that the primary intention of the zone is to permit any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets, pursuant to New York State Agriculture and Markets Law, Article 25-AA, § 308, including but not limited to practices necessary for on-farm production, preparation and marketing of agricultural commodities, such as the operation of farm equipment, proper use of agricultural chemicals and other crop protection methods, direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on farm, and construction and use of farm structures. Such practices may generate dust, smoke, odor, noise and vibration. During growing seasons, machinery may be operated at other than daylight hours.

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 in an area in the Town where agricultural endeavors are encouraged to thrive.

To the extent buffer areas may be required by a planning or zoning board, the intention of such buffers is to reduce the potential for conflicts between farming and nonfarming uses. No agricultural land should be taken out of production to provide required buffer areas unless no other practical solution exists to reduce such potential conflict, and in such instance, all practical accommodations should be expended to reduce the impact on the agricultural land in production. Agricultural zones are also areas of the Town where it is unlikely public sewer will be made available, so as to reduce the economic pressures for development that often result from the introduction of such facilities. Consequently, persons acquiring property in agricultural zones should not expect such public facilities to be provided.

Principal uses and structures.

Uses allowed by Special Use Permit. The following uses by special use permit authorized by the Planning Board, subject to Article XLVI of this chapter relating to the issuance of special use permits:

Accessory uses and structures.

For single-family: 960 square feet.

For two-family dwelling (in a mixed-use structure): 1,600 square feet total; 800 square feet for each dwelling unit.

Dwellings: two and one-half stories not to exceed 35 feet.

Farm buildings: no limit.

Other principal buildings: as regulated by yard requirements.

Clubs: not to exceed 35 feet.

Accessory buildings: not to exceed 25 feet.

Lot area.

Lot width at building line shall be 250 feet.

Front yard: 50 feet minimum requirement for setback from the edge of a right-of-way.

Side yards: two required.

Rear yard. No rear yard shall have a depth of less than 50 feet measured from the main building or 15 feet measured from an accessory building.