Marcellus Town City Zoning Code
§ 235-12
A-1 Agricultural Zone.
[Amended 5-9-2011 by L.L. No. 1-2011; 7-14-2014 by L.L. No. 1-2014; 5-11-2015 by L.L. No. 1-2015; 3-4-2020 by L.L. No. 1-2020; 9-7-2022 by L.L. No. 2-2022; 6-26-2024 by L.L. No. 1-2024; 2-19-2025 by L.L. No. 1-2025]
The following regulations shall apply to all uses in the A-1 Agricultural Zone:
A.
Permitted principal uses:
(1)
All principal uses permitted in R-1 zone, subject to the same requirements as specified.
(2)
Two-family dwelling.
(3)
Other uses subject to special permit by the Zoning Board of Appeals under conditions as stated below.
(a)
Farm product processing plants. On a lot of five acres or more:
[1]
Providing that the principal and accessory structures shall not be less than 100 feet from any property line.
[2]
No outdoor storage of materials to be processed.
[3]
Off-street loading space for not less than three trucks shall be provided.
[4]
There shall be no more than one identifying sign, which shall comply with § 235-26.1 of this chapter.
[5]
There shall be no discharge of obnoxious waste material.
(b)
Nurseries and greenhouses. On a lot not less than two acres, and no outdoor storage of manure or animal waste closer than 100 feet from any property line.
(c)
Indoor and outdoor recreational activities. On a lot of five acres or more, a social club or lodge, and social and recreational buildings in connection therewith, providing that:
[1]
Such facilities shall be located at such distance from any lot line as the Zoning Board of Appeals shall find to be necessary in any particular case, but in any event not less than 100 feet;
[2]
The State and County Departments of Health shall certify that such installation will comply with their respective codes or regulations; and
[3]
There shall be not less than one off-street parking unit for each three members of a golf, swimming or country club, and one such parking unit for each five members of other club or lodges.
(d)
Sales yards. Farm sales shall be permitted for products produced or raised on the property, with the added proviso that stands or other structures for the sale of such products be located outside of the public right-of-way. However, farm stands/buildings greater than 150 square feet in floor area shall be subject to setbacks and other requirements established for the A-1 Zone.
(e)
Airports and other air-landing facilities: on a lot not less than 2,000 feet longer than the landing facility and width not less than 1/4 of the aggregate length of the lot.
[1]
Hangars and parking places for aircraft and equipment shall not be closer than 50 feet from property line.
[2]
Landing strips shall be located in such a way as to afford a minimum of 50 feet of clearance over any public thoroughfare or right-of-way for telephone or electric facilities in existence at the time of special permit, computed at an approach or glide angle of one inch vertically for 40 feet horizontally, beginning at the end of landing strip.
[3]
Landing strip shall be located not less than 200 feet from any property line.
(f)
Dog kennels and animal hospitals. On a lot not less than two acres, provided that:
(g)
Mobile homes.
[1]
No enclosed structural additions shall be permitted more than eight feet in width.
[2]
There are no more than four residential structures within 500 feet of subject mobile home at the time of issuance of permit.
[3]
The mobile home shall be occupied only by the property owner or members of his/her immediate family.
[4]
The removal of the mobile home from the premises shall terminate the special permit.
(i)
Country store.
[1]
Lot not less than five acres.
[2]
Building size and size of indoor retail areas shall be appropriate to the size of the owner's farm and the type of agricultural products produced by the owner, not to exceed that required to effectively market the owner's farm products directly to consumers. In no case shall the indoor retail area exceed 5,000 square feet.
[3]
Indoor restaurant facilities (where allowed) shall be considered part of the total retail area and shall not exceed 10% of the total indoor retail area.
[4]
If indoor restaurant facilities are part of a country store, public restrooms shall be provided.
[5]
With the exception of minimum lot size (five acres), dimensional requirements for nonresidential uses and structures shall apply.
B.
Permitted accessory uses:
(1)
All accessory uses permitted in R-1 Zone, subject to the same requirements as specified. However, a special use permit need not be obtained for such accessory buildings used in connection with an operating agricultural farm.
(2)
Rural occupation, subject to special permit by the Zoning Board of Appeals.
(3)
Outdoor concert(s), subject to special permit and the following conditions:
(a)
The lot must be 10 acres or more in size;
(b)
The Zoning Board of Appeals, upon receipt of an application for a special use permit, shall among other things, be empowered to limit the number of events as said Board deems appropriate, as well as set time, place and/or manner restrictions;
(c)
The applicant must notify the relevant fire departments, police agencies and any other agency or entity as identified by the Zoning Board of Appeals, of the application and shall provide to the Zoning Board of Appeals, in writing, documentation showing compliance with all requirements from those entities;
(d)
The applicant shall provide in writing, documentation showing adequate measures have been taken in connection with fire protection, crowd security, police protection, public safety, traffic regulation, parking, sanitary facilities, adequate water supply, garbage disposal, emergency evacuation plan, first aid and site cleanup;
(e)
If a person(s) or entity(ies) other than the property owner will be engaged in the sale and distribution of food and beverages, the name(s) and address(es) of such shall be submitted to the Zoning Board of Appeals, when determined, on an ongoing basis;
(f)
A medical services plan specifying the number and qualifications of first aid station personnel and other medical facilities to be available for emergency treatment of any person(s) that might require immediate medical or nursing attention shall be provided;
(g)
A public safety plan, including the precautions to be utilized for fire protection and a map specifying the location of fire lanes and water supply for fire control, accessibility of fire and emergency equipment, whether any private security guards or police will be engaged, and, if so, the number thereof and the duties to be performed by such persons, shall be provided;
(h)
No soot, cinders, smoke, noxious acids, fumes, gases or unusual odors shall be permitted to unreasonably emanate beyond the property line;
(i)
There shall be no fireworks, pyrotechnic displays or incendiary devices permitted;
(j)
The Zoning Board of Appeals shall, in its discretion, based upon the nature of the event(s), and the location and parcel size, as well as the Town of Marcellus Noise Ordinance, set the maximum decibel levels that shall be permitted, as well as the allowable hours of event(s) and event activities;
(k)
The applicant shall execute a written authorization permitting officials of the Town, county and state, or their designated agents, including fire personnel and police to enter the premises and conduct inspections before, during and after event(s);
(l)
The applicant shall provide satisfactory proof to the Zoning Board of Appeals that there will be removal of all structures erected for use during an event within 72 hours after conclusion of that event;
(m)
The applicant shall obtain adequate insurance to be reviewed and approved by the attorney for the Town. The applicant shall be required to name the Town as an additional insured for any approved use on a primary and noncontributory basis:
[1]
Such insurance shall be for a minimum of $1,000,000 for bodily injury or death and not less than $1,000,000 for property damage;
[2]
The Zoning Board of Appeals shall further have the authority to require insurance at greater levels upon determination that such minimum amounts are insufficient based upon the size and/or scope of the event(s);
[3]
Each year, the applicant shall submit to the Town proof of such ongoing insurance coverage;
[4]
Failure of the applicant to keep such policy in effect will result in automatic revocation of the permit;
(n)
With respect to an application for a special permit under this section of the Town Code, said application shall be submitted to the Planning Board for an advisory site plan review prior to any decision by the Zoning Board of Appeals. The advisory review by the Planning Board shall address the site plan criteria pursuant to § 235-28 of the Town Code. The site plan shall include all the criteria set forth in § 235-28 of the Town Code, and shall specifically address:
[1]
The layout of any parking area(s) for automobiles and other vehicles, and the means of ingress and egress to said parking area(s). Such parking area(s) shall provide one parking space for every four persons in attendance. The site plan shall also provide measures such as fencing or signage in the discretion of the Zoning Board of Appeals (with review by the Planning Board) to prevent access or trespass to neighboring properties;
[2]
The type, number, location, and providers of all toilets, washing facilities, water supply, food preparation, food service facilities, and solid waste collection locations in compliance with applicable Department of Health rules and/or regulations;
[3]
All structures to be built or utilized, whether temporary or permanent, must be detailed in the site plan and must comply with all applicable provisions of this Town Code and the State Uniform Code, as administered by the Town of Marcellus Code Enforcement Office; and
(o)
The Zoning Board of Appeals may, upon exercise of its reasonable discretion, waive some or all of the conditions set forth herein.