Islandia City Zoning Code
ARTICLE V
Use District Regulations: Agricultural District
§ 177-46 Intent.
The purpose of this district is to allow for the preservation of existing agricultural and agriculturally related uses in those areas most suitable for such uses. The ordinance recognizes agricultural uses within the Village are valuable as both open space and in promoting a rural atmosphere within the Village and once developed with buildings or other nonagricultural uses may be unreclaimable. The intent in establishing this district is to protect agricultural uses by prohibiting uses which are incompatible with agricultural activities and to prevent the encroachment of residential or other nonagricultural uses into the district. Further, the subdivision of land for single-family dwellings should be limited in a way that retains tracts which are sufficiently large to be viable for agricultural uses.
§ 177-47 Permitted uses and dimensional regulations.
[Amended 2-1-1996 by L.L. No. 2-1996]
The Planning Board is authorized to require compliance with the New York State Department of Environmental Conservation Rules and Regulations regarding the use of pesticides and chemicals in agricultural uses and to require permits for such uses. The Planning Board may also require the applicant to prove that such agricultural uses comply with all applicable governmental regulations.
A.
Permitted uses. The following uses shall be permitted:
(1)
Agricultural uses and necessary buildings, including farm houses, related to the tilling of the land, the raising of farm products, the raising and keeping of horses, cattle and other livestock, the raising of poultry and poultry products and the sale of farm and/or garden products.
(2)
Single-family detached dwellings that serve as the principal residence for the farmer or proprietor of the agricultural use on the lot.
(3)
Single-family cluster subdivisions.
(4)
Horticultural uses, including greenhouses and landscape services, related to the raising, propagating and selling of trees, shrubs, flowers and other vegetative material.
(5)
Farmstands for the sale of farm and/or garden products on a retail basis limited to produce grown on the subject parcel.
(6)
Commercial stable.
(7)
Riding academy.
(8)
Animal exhibit, petting zoo or farm when conducted as a commercial attraction.
(9)
Accessory buildings and uses customarily incidental to the above permitted uses.
(10)
Equine-assisted therapy as an accessory use to a commercial horse boarding/equine operation.
[Added 3-31-2015 by L.L. No. 1-2015]
B.
Dimensional regulations. Dimensional regulations for the Low-Density Residential District shall apply to the Agricultural District. The Residence District Table of Dimensional Regulations is provided in Article VII.[1]
[1]
Editor's Note: The Residence District Table of Dimensional Regulations is located at the end of this chapter.
C.
Regulation of commercial horse boarding/equine operations. For every horse farm, the Village Board shall determine that the following site plan standards are met:
[Added 3-31-2015 by L.L. No. 1-2015]
(2)
The plot area is sufficient, appropriate and adequate for the horse farm and the reasonably anticipated operation and expansion thereof.
(4)
Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion; and, further, that vehicular entrances and exits shall be clearly visible from the street.
(5)
All proposed curb cuts have been approved by the agency which has jurisdiction.
(6)
There are off-street parking and truck loading spaces available for the maximum anticipated number of persons parking on site; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
(7)
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
(10)
For horse farms that include "equine-assisted therapy," as defined in the Village Code, to ensure that the services provided are consistent with a commercial equine operation as defined in Article 25AA of the New York State Agriculture and Markets Law, the applicant shall be certified by the Equine Assisted Growth and Learning Association (EAGLA) or accredited by a similar professional association devoted to this purpose.
(a)
No mental health or other medical arts services shall be provided except those directly specifically associated with an equine assisted therapy use.
(11)
The Village Board shall be notified of any special events on the farm involving the general public so as to ensure coordination of Village resources (traffic, police, etc.)
(12)
In order to determine if said standards are met, an applicant shall submit the following:
(a)
Sketch of the parcel, to scale, based on a tax map or similar, but not required to be prepared by a licensed professional, showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. The sketch shall include 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. A survey depicting the information is also acceptable if available.
(b)
Indicate the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic, and lighting.
(c)
Indicate the proposed location and arrangement of specific land uses, such as pasture, paddocks, and manure storage/manure composting sites.
(d)
Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available plans or drawings.
(e)
Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, interior spaces, paddocks, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes.
(f)
Application form and fee. If the applicant is not the owner of the property, owner authorization must be provided.
§ 177-48 Requirements for a single-family cluster subdivision.
A.
No farm or agricultural tract may have more than one detached single-family residence located on it, such residence to serve as the principal residence of the farmer or proprietor of the agricultural use permitted on the lot. However, a single-family cluster subdivision shall be permitted in the Agricultural District subject to the following conditions.
(1)
The minimum tract shall be seven acres in size.
(2)
One single-family lot shall be permitted for each three acres of land.
(3)
The minimum size for such single-family lots shall be 20,000 square feet and the maximum size lot shall be 30,000 square feet.
(4)
Such single-family lots shall be clustered and contiguous in a manner whereby they can be served by a single access road and shall be located as close as possible to any existing public road upon which the property fronts.
(5)
All land which is not part of the single-family cluster subdivision shall be located in a single contiguous area and shall be deed restricted for agricultural uses as permitted in this district in perpetuity.
B.
Erosion-control filter strips. All areas subject to the cultivation of farm crops or the pasturing of farm animals shall contain erosion-control filter strips. Such strips shall be a minimum of six feet wide as measured from the bank of any drainageway (during nonflooding) and/or any street right-of-way line. Erosion-control filter strips shall be maintained with an all-season ground cover approved by the Building Inspector (e.g., grass, ivy, vetch, pachysandra, etc.) All agricultural activities that could threaten such ground cover shall be prohibited from such areas to prevent erosion.