Italy Town City Zoning Code
ARTICLE IV
Agricultural-Residential District AR
§ 350-14 Purpose.
The purpose of the AR Agricultural-Residential District is to protect the agricultural and residential land resources of the Town of Italy and to promote, to the extent possible, the continued economic and operational viability of agricultural enterprises in the Town of Italy, while allowing for low density rural residential development. Any use not specifically listed in §§ 350-15, 350-16, 350-17 and 350-18 shall be prohibited.
§ 350-15 Permitted primary uses.
In the AR Agricultural-Residential District, no building or facility or structure shall be erected, altered or extended, and no land or building or facility thereof shall be used for any purpose or purposes other than the following:
A.
Accessory building.
B.
Agriculture/agriculture commerce.
C.
Bed-and-breakfast.
D.
Cottage industry.
E.
Farm worker residence.
F.
Manufactured homes.
G.
Office of a resident accountant, barber, beautician, doctor, dentist, hairstylist, musician, engineer, teacher, lawyer, architect, landscape architect, artist, real estate broker or person engaged in similar occupation, where:
(1)
Such office is part of the residence building; and
(2)
No more than three persons not residing on the premises are employed.
H.
Roadside stand, subject to the standards set forth in Article XIII, § 350-86.
I.
Single- and doublewide mobile homes.
J.
Single-family residences.
K.
Stable.
L.
Tradesperson's facility.
M.
Two-family residences.
§ 350-16 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses. (See § 350-15.)
A.
Antennas, dish and other, subject to the standards set forth in Articles VIII and IX.
B.
Customary home occupations, conducted by residents of the dwelling.
C.
Family adult care.
D.
Family child care.
E.
Residential swimming pool.
§ 350-17 Uses allowed by special use permit.
The following uses are allowed upon approval of a special use permit by the Planning Board/Zoning Board of Appeals pursuant to Article XI, § 350-74, subject to the standards (if applicable) set forth in Article XI:
A.
Adult entertainment business, subject to the provisions in Article XIII, § 350-84.
B.
Commercial communication, transmission, broadcast and cellular communication towers, residential, agricultural and commercial wind turbines and associated energy facilities, subject to the standards set forth in Articles VIII and IX.
C.
Commercial dog kennels, subject to provisions in Article XIII, § 350-89.
D.
Electrical substation, subject to the standards set forth in Article X.
E.
Extractive industries, subject to the standards set forth in Article XIII, § 350-90.
F.
Gas drilling operations, subject to the standards set forth in Article XIII, § 350-85.
G.
Sawmill, subject to the standards set forth in Article XIII § 350-88.
H.
Self-service storage facility, subject to the standards set forth in Article XIII, § 350-87.
§ 350-18 Uses allowed with site plan review.
A.
Adult/nursing home.
B.
Public and private community parks, regional parks and preserves.
C.
Campground, group campground.
D.
Commercial communication, transmission, broadcast and cellular communication towers, residential, agricultural and commercial wind turbines and associated energy facilities, subject to the standards set forth in Articles VIII and IX.
E.
Cemetery, including all buildings and structures.
F.
Church, mosque, synagogue, temple or other place of worship, convent, rectory, parish houses.
G.
Electrical substation, subject to the standards set forth in Article X.
H.
Extractive industries subject to the standards set forth in Article XIII, § 350-90.
I.
Hotel, motel or inn.
J.
Fire station or other public building necessary for the protection or the servicing of a neighborhood.
K.
Lodge.
L.
Medical facility.
M.
Office building.
N.
Public and private school, nursery school, institution of higher education, including dormitory accommodations.
O.
Restaurant.
P.
Retail business.
Q.
Bank/credit union.
R.
Funeral parlor.
S.
Garden shop/nursery.
T.
Gymnasium/health club.
U.
Hunting club.
V.
Commercial shooting range.
W.
Gas and other retail vehicle fuel sales.
X.
Golf course.
Y.
Marina.
Z.
Vehicle/boat sales, rentals, repair.
§ 350-19 Lot area and yard requirements.
A.
For subdivisions occurring after the adoption of this chapter the minimum lot area shall be the greater of three acres or the minimum size as regulated by the Yates County Health Department, the New York State Department of Health, and Appendix 75-A of the New York Public Health Law entitled "Wastewater Treatment Standards — Individual Household Systems" so as to accommodate a suitable on-site wastewater treatment system that will not degrade the land and water resources of the adjacent property owners and the Town as a whole.
B.
Maximum building height for any nonagricultural building or structure shall be 35 feet as measured from the average grade. (See also Article VIII, Scenic Protection Overlay District.)
C.
Maximum lot coverage by impervious surfaces shall be 20% of the lot area.
D.
Minimum front setback shall be 50 feet.
E.
Minimum side setback shall be 35 feet.
F.
Minimum rear setback shall be 35 feet.
G.
Setbacks between buildings, even if said buildings are on separate but adjacent parcels, shall be determined by the building spacing requirements of the New York State Fire Prevention and Building Construction Code or its successors.
§ 350-20 Buffer areas.
No building or facility or other structures, or parking areas, except those used for agriculture shall be located within 100 feet horizontal distance from the center line of any watercourse carrying water six months or more throughout the year, or any wetland as defined by state or federal law. With the exception of stream crossings, no roadways shall be located within 50 feet horizontal distance from the center line of any watercourse carrying water six months or more throughout the year or any wetland as defined by state or federal law.