Lima Town City Zoning Code
ARTICLE IV
Agricultural Use Districts A
§ 250-10 Purpose.
[Amended 9-1-2011 by L.L. No. 7-2011]
A.
The purpose of the Agricultural Use District is to ensure that agriculture shall be the primary land use, to promote the vitality of agriculture in the Town of Lima as an essential element in the economic stability and growth 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.
B.
Persons and entities 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.
C.
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.
D.
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 possibility 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 water or sewer will be made available, so as to reduce the economic pressures for development that often flow from the introduction of such facilities. Consequently, persons acquiring property in agricultural zones should not expect such public facilities to be provided.
§ 250-11 Permitted uses.
[Amended 9-1-2011 by L.L. No. 7-2011; 12-1-2011 by L.L. No. 11-2011; 4-3-2014 by L.L. No. 2-2014; 4-6-2021 by L.L. No. 1-2021; 1-6-2026 by L.L. No. 1-2026]
In the A Agricultural Use District, no building or other structure or land shall be used and no structure or other building shall be built, altered or erected for any other purpose other than the following:
A.
Agricultural operations, including but not limited to agriculture and agribusiness enterprise as defined in § 250-9 hereof, and the general purposes reasonably associated with the pursuit of farming.
B.
A one-family dwelling, including the following accessory uses and buildings:
(1)
Accessory use of building, as defined herein.
(2)
Keeping of not more than three transient roomers and boarders.
(3)
Outdoor storage of not more than one each of the following: boat, boat trailer, camp trailer, or cargo trailer owned for personal use by a resident on the premises.
(4)
Private garage or open parking for operative passenger vehicles of person visiting or residing on the premises.
(5)
Playhouse, toolhouse or garden house.
(6)
Private swimming pool not operated for gain.
(7)
Private stable or hobby farm, subject to the following requirements:
(a)
The private stable shall be an accessory use incidental to a private dwelling located on the same premises or an adjoining parcel owned by the same party.
(b)
Horses or other livestock may be kept exclusively for the use of the residents of the private dwelling and their nonbusiness guests; no boarding of animals for remuneration shall be permitted.
(c)
The minimum lot size of a parcel used for private stable or hobby farm purposes shall be three acres. If one lot contains fewer than three acres but adjoins another lot owned by the same party which together would measure more than three acres in area, it shall be permitted for such lot to be used for the purposes of a private stable or hobby farm, provided that the total area devoted to such purpose under one common ownership is at least three acres in area.
(d)
All pastures and paddocks utilized in connection with a private stable or hobby farm shall be securely fenced.
(e)
Manure or other similar material or substance produced or resulting from private stable or hobby farm usage of a parcel, and which creates or causes offensive odors, shall be stored at least 50 feet from any parcel lot line or street line and shall be located in a dry, level area away from slopes, streams, ditches, flood-prone areas and wetlands.
(f)
No structure housing or sheltering animals shall be placed within any required building setback area.
C.
Agricultural borrow pit, operated as an accessory use to and for the purpose of supplying borrow materials to an ongoing agricultural operation.
D.
Agribusiness enterprises. Agribusiness enterprises open to the general public and engaged primarily in retail sales shall be subject to Article XV, Site Plan Review.
E.
Stable, public, subject to Article XV, Site Plan Review.
F.
Public utilities installation, including electric transmission lines.
G.
Public parks.
H.
Playgrounds.
I.
Golf courses.
J.
Camps, limited to seasonal occupancy as defined herein and subject to the requirements of § 250-16.
K.
Hunting and fishing cabins, subject to the requirements of § 250-15.
L.
Rod and gun clubs.
M.
Riding academy permitted, subject to Article XV, Site Plan Review.
N.
Other uses as provided by § 250-72 (Signs and billboards) and § 250-74 (Temporary uses and structures).
O.
Comfort care house, subject to Article XV, Site Plan Review.
P.
Farm markets, subject to Article XV, Site Plan Review.
Q.
Noncommercial wind energy systems, as governed by § 250-66 hereof.
R.
The following uses permitted with a special use permit, subject to the procedures and criteria in § 250-65:
(1)
Wineries, breweries, cideries and distilleries, including wine, beer and liquor production facilities, sales and display areas, recreational, educational and entertainment activities operated in conjunction with and as part of an overall direct marketing strategy for the winery, brewery or distillery, including facility tours, tastings, the on-site processing and sale of prepared foods in support of marketing wine, beer or liquor, as well as public and private parties and special events such as festivals and receptions hosted for the purpose of promoting the marketing or sale of wines, beer or liquor produced on premises, subject to Article XV, Site Plan Review.
(2)
Carnival, circus or fair, subject to the provisions of § 250-86.
(3)
Cemetery, crematorium or mausoleum.
(4)
Church or parish house.
(5)
Clubhouse, as herein defined, without facilities likely to occasion a nuisance in a residential neighborhood by reason of noise or other objectionable features.
(6)
Educational institution, including nursery school, primary school, secondary school, or vocational school.
(7)
Electric substation, telephone exchange, or similar public utility structure or use.
(8)
Radio or television transmission facilities and the customary appurtenances.
(9)
Mobile home park, conforming to the requirements of § 250-69.
(10)
Two-family and semidetached dwellings.
(11)
Private parks.
(12)
Private athletic fields, private swimming pool or other recreation facility not operated for profit.
(13)
Bed-and-breakfast.
(14)
Kennels.
S.
Firewood production and sales, subject to Article XV, Site Plan Review, excepting as such use may be exempt under the New York State Agriculture and Markets Law.
(1)
All firewood production and sales shall be an accessory use to an existing one-family dwelling, farm or an agricultural operation.
(2)
Firewood production and sales shall not take place excepting on a parcel that is a minimum of five acres in size.
(3)
All firewood production and sales shall be restricted to daylight hours.
T.
Such uses as may be permitted within the General Business Overlay Zone as set forth in Article XVII (which may allow, with issuance of a special use permit, uses permitted by Article VI, General Business Use Districts B).
§ 250-12 Prohibited uses.
[Amended 4-3-2014 by L.L. No. 2-2014; 1-6-2026 by L.L. No. 1-2026]
Explicitly prohibited uses, and any use not specifically set forth in § 250-11 above as a permitted use, permitted use with special use permit, or pursuant to the General Business Overlay Zone as set forth in Article XVII (which may allow uses permitted by Article VI, General Business Use Districts B), shall be prohibited within Agricultural Use Districts A.
§ 250-13 Area, setback and height restrictions.
A.
Area per establishment and lot dimensions. The minimum area per establishment shall be 2.5 acres, and the minimum width of the lot at the front building line shall be 200 feet, unless smaller lots are approved by the Planning Board as part of a conservation subdivision.
B.
Front setbacks. No part of a building, other than an open porch, steps, eaves and cornices and similar fixtures, shall extend nearer to the street line than 50 feet or nearer to the center line of a street than 75 feet, whichever distance requires the greater setback from the street line.
C.
Rear setbacks. There shall be a rear setback of not less than 50 feet.
D.
Side setbacks. There shall be two side setbacks, each having a width of not less than 20 feet.
E.
Height. For each foot that the height of a building or other structure exceeds 35 feet, the total width of the two side yards shall be increased by two feet.
F.
Existing farmstead dwellings.
[Added 9-1-2011 by L.L. No. 8-2011]
(1)
An existing farmstead dwelling is defined for purposes of this chapter and article only as a dwelling built on or before January 1, 2011, which dwelling or home is or was, when built, part of a farm or farming operation and built or constructed in furtherance of the operation of the farm. A farmstead dwelling would have been constructed and occupied by the farm owner and/or farm owner's family or employees as a permanent component of the farm and its buildings and structures.
(2)
The area and setback requirements of this section may be varied for the purpose of creating a new one-family residential parcel (tax identifier map parcel) for a farmstead dwelling in existence as of January 1, 2011, and thereby reduce present lot area and/or setback requirements of this chapter if the area not required to be included in the new residential parcel is retained as an integral part of the parcel from which it was subdivided (the "parent" parcel). Such land retained shall remain in active agricultural usage as part of the parent parcel from which the residential parcel is subdivided.
(3)
In no event may the new parcel be smaller in area than one acre or have frontage on a public road of less than 100 feet. In order to qualify for the lot area reduction or setback variance, an applicant must present a professionally prepared drawing or instrument survey map of the parcel containing the farmstead dwelling that shall show the location of the farmstead dwelling, any other existing buildings or structures, the location of the water well, and the location of the septic tank and sanitary septic system leach lines, which said drawing or map must be found to be reasonably acceptable to the Code Enforcement Officer. The Code Enforcement Officer and/or the Town Board shall be authorized from time to time and as necessary to prepare an application form for this purpose, which form may detail the specific requirements of the drawing or map as well as any other information reasonably necessary to determine if an applicant's lot may qualify for the area and/or setback reductions authorized by this article.
(4)
After demonstrating compliance with the threshold requirement that such farmstead dwelling parcel can be designed without concern for the proper and efficient use and replacement of the water well and sanitary septic system and leach lines, the applicant shall be required to apply for and obtain a variance as set forth in § 250-100C of the chapter. No variance of lot area or setback requirements may be granted by the Zoning Board of Appeals unless the applicant can demonstrate to the reasonable satisfaction of the reviewing boards that such lot area or setback reduction or variance granted will not affect the proper use, operation and maintenance of private well water and sanitary septic system installations and infrastructure upon the lot. The Zoning Board of Appeals shall be charged with the duty of balancing the objectives of conserving arable land and keeping it in or returning it to agricultural use and maintaining sufficient and reasonably appropriate setback and area values for the farmstead dwelling lot.
§ 250-14 Private garages, barns, stables and other accessory buildings.
[Amended 9-1-2011 by L.L. No. 7-2011]
A.
No private garage or other accessory building shall be placed closer to a side or rear property line than 10 feet, closer to the street line than 10 feet to the rear of the rear main wall of the principal building and, on a corner lot, closer to the street line of the side street than 90 feet. No barn shall be placed on a property closer than 100 feet from any street line, closer than 50 feet to any side or rear lot line that is not also a street line, closer to the street line than 10 feet to the rear of the rear main wall of the principal building and, on a corner lot, closer to the street line of the side street than 90 feet.
B.
Allowable exceptions to the above requirements for accessory buildings to be built on steep slopes are as provided by § 250-67.
C.
A private stable shall be allowed as an accessory use to a private residential dwelling or hobby farm, as set forth in and regulated by § 250-11B(7) of this chapter, in an agricultural use district.[1]
[1]
Editor's Note: Former Subsection D, pertaining to the erection or use of a barn or agricultural outbuilding, as amended 9-1-2011 by L.L. No. 7-2011, which immediately followed this subsection, was repealed 12-1-2011 by L.L. No. 11-2011.
§ 250-15 Hunting and fishing cabins.
Any hunting and fishing cabin shall be placed not less than 250 feet from any property or access road line, other than a property line which is the shore of a lake or stream. In this last instance, there is no requirement in this connection. No sewage disposal facility shall be closer than 100 feet from any lake or river shoreline.
§ 250-16 Camps.
All structures accessory to camps shall be placed not less than 500 feet from any property line other than a property line which is the shore of a lake or stream. In this last instance, there is no requirement in this connection. No sewage disposal facility shall be closer than 100 feet from any lake or river shoreline. When access to such facilities is by a private right-of-way or easement, it shall be acknowledged that the private right-of-way or easement is not a public road or street and that the Town is not liable for the construction or maintenance of any such private right-of-way or easement.
§ 250-17 Location of driveways.
No driveway center line shall intersect a street line less than 40 feet from the intersection of any two street lines.
§ 250-18 Farm stands and farm markets.
A.
Farm stands. A farm stand, as defined in this chapter, shall be a permitted accessory use in an agricultural district, subject to the following regulations:
(1)
No more than one structure of temporary and movable nature shall be permitted, not to exceed 200 square feet in total floor space area.
(2)
Ground display area of agricultural products shall be immediately adjacent and appurtenant to any farm stand structure and shall not exceed 400 square feet in area.
(3)
Any structure and/or ground display shall be located outside the public highway right-of-way, but in all cases shall be located no closer than 25 feet from the edge of the pavement of the adjacent public road.
[Amended 9-1-2011 by L.L. No. 7-2011]
(4)
Sales shall be limited to vegetables, fruits, syrups, jams and jellies, juices, honey, baked goods and other foodstuffs grown or produced as part of a home occupation, provided that at least 70% of the bulk or volume of the wares displayed for sale shall be vegetative agricultural products, maple syrup or honey grown or produced upon the premises where such farm stand is situated.
[Amended 9-1-2011 by L.L. No. 7-2011]
(5)
No roadside stand shall be placed in a manner that limits the sight distance available to the motoring public or that in any other way obstructs their vision while driving, and furthermore, adequate safe parking shall be provided.
[Amended 9-1-2011 by L.L. No. 7-2011]
(6)
Farm stand sales shall be permitted between 8:00 a.m. and 8:00 p.m. During those times or seasons of the year when such farm stand is not operational, it shall be either dismantled or removed from the location to an area or a building upon the lands of the proprietor where such structure would be permitted. At all times of the year, however, farm stands visible from the public rights-of-way shall be maintained in a safe and attractive manner.
[Amended 9-1-2011 by L.L. No. 7-2011]
(7)
No permanent signage shall be permitted.[1]
[1]
Editor's Note: Former Subsection A(8), pertaining to inspections and violations, which immediately followed this subsection, was repealed 9-1-2011 by L.L. No. 7-2011.
B.
Farm markets. A farm market, as defined in this chapter, shall be a permitted accessory use in an agricultural district subject to the following regulations:
(1)
Building and structures.
(a)
No farm market, whether in a shared structure or freestanding structure, shall have more than 1,500 square feet of retail sales and display area, including any areas under porch roofs or other structures with roofs. Greenhouses and other structures utilized for production of plants but which may still be open to the public, or areas under cultivation open to the public, such as "U-Pick" operations, are excluded from the limitation on size of retail sales and display area.
[Amended 9-1-2011 by L.L. No. 7-2011]
(b)
No farm market structure or associated parking areas shall be located within any front, side or rear yard setback areas of the property.
[Amended 9-1-2011 by L.L. No. 7-2011]
(c)
One preexisting barn or similar enclosed and roofed freestanding structure or a portion thereof may be used as the farm market structure in lieu of a new building, subject, however, to compliance with all local and state building and safety codes, rules and regulations. If only a portion of said preexisting structure shall be used to house the farm market, the portion to be utilized shall be walled or structurally divided from the remainder of the interior of the structure in order to meet the authorized size limitation of 1,500 square feet. Notwithstanding the foregoing, any preexisting structure or portion thereof to be used as the farm market structure shall also be required to comply with the front and side setback requirements set forth in this subsection and all other use and operation regulations and requirements set forth in this chapter.
(2)
Outdoor or ground display of vegetative agricultural products. Except for products on display under porches or other structures with roofs, or in greenhouses and open fields or gardens, no more than 1,500 square feet of outdoor or ground display of products shall be permitted. Furthermore, no more than 200 square feet of the above 1,500 square feet of outdoor or ground display shall be permitted within any front yard area of the property. No outdoor or ground display of products shall be permitted within any public right-of-way.
[Amended 9-1-2011 by L.L. No. 7-2011]
(3)
Paved, gravel or other all-weather-surface off-street parking facilities shall be provided. A minimum of one parking space for each 300 square feet of indoor and outdoor retail display area shall be provided. No parking shall be permitted within any front, side or rear yard areas of the property. No single dimension of the parking area shall exceed 150 linear feet.
[Amended 9-1-2011 by L.L. No. 7-2011]
(4)
One permanent sign conforming to the requirements set forth in this chapter shall be allowed.
(5)
No more than 30% of the bulk or volume of the products or wares displayed for sale at any farm market shall be agricultural accessory products as defined in this chapter. At least 50% of the bulk or volume of the wares displayed for sale within the farm market structure shall be agricultural products, maple syrup or honey grown or produced upon the premises where such farm market is situate and upon other lands owned or leased by the farm market proprietor situate within the Town of Lima and contiguous farmlands owned or leased by the farm market proprietor in adjoining towns. The site of the farm market must be one of the sites within the Town of Lima upon which the agricultural products are grown.
[Amended 9-1-2011 by L.L. No. 7-2011]
(6)
Farm market sales shall be permitted between the hours of 6:00 a.m. and 8:00 p.m.
[Amended 9-1-2011 by L.L. No. 7-2011[2]]
[2]
Editor's Note: This local law also repealed former Subsections B(7), (8) and C, which immediately followed this subsection.