Ulysses Town City Zoning Code
ARTICLE V
AR - Agricultural/Rural Zone
§ 212-23 Purpose.
The A/R — Agricultural/Rural Zone is primarily intended to preserve farming and agricultural lands in the Town and also to maintain open space and the quality of life enjoyed by residents of the Town. Agriculture is an important part of the Town's economy, providing both direct and indirect employment benefits, and it also provides the visual benefits of open space. This zone prioritizes and preserves viable agriculture in the Town by providing an area where agricultural operations and agricultural-based enterprises are the predominant active land uses in the zone. The creation of the Agricultural/Rural Zone illustrates the Town's commitment to farming and agricultural uses as preferred uses in this zone. The Agricultural/Rural Zone protects existing agricultural areas by limiting suburban and urban development; encourages the continuation of agriculture as a viable economic activity and way of life; reduces land use conflicts; protects ecological and natural resources; and preserves open space. Furthermore, this zoning is designed to preserve the existing agricultural operations that flourish on the excellent soils and to promote the establishment of new agricultural enterprises to assure the continuation of the rural nature of the Town.
§ 212-24 Right to farm.
In the A/R — Agricultural/Rural Zone, agriculture shall be the primary land use. Within the zone any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets pursuant to 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, shall not constitute a private nuisance.
§ 212-25 Permitted uses.
In the A/R — Agricultural/Rural Zone the following buildings or uses are permitted:
A.
Farm operation, and agricultural buildings including nurseries, greenhouses, orchards and vineyards.
B.
Agricultural events, subject to the standards set forth in Chapter 142, Special Events.
C.
Commercial stables, subject to the standards set forth in Article XX, § 212-138.
D.
Silviculture.
E.
Roadside stands, subject to the standards set forth in Article XX, § 212-135.
F.
Single-family residences, two-family residences, and their accessory buildings are allowed subject to limitations in Article XXIV, § 212-167, Accessory buildings.
G.
Farm labor housing as regulated by the New York State Uniform Code. These residences shall be located on the same land where other structures of the farm operation are located. Each dwelling must be a minimum of 560 square feet. A streamlined site plan for siting considerations is required for more than two units. The Town may require a notarized statement from the property owner to certify that the occupants in the on-farm labor housing are employed on the farm.
H.
Temporary buildings as defined in Article IV.
§ 212-26 Permitted accessory uses.
The following are permitted accessory uses, which are customarily incidental to the permitted uses listed above in § 212-25:
A.
Accessory dwelling units, subject to the provisions of Article XX, § 212-128.
B.
Farm operation, accessory commerce when no new building is constructed. (See also § 212-27H.)
C.
Bed-and-breakfast establishments, subject to the standards for parking, outdoor lighting and signs set forth in Article XX, Design Standards.
D.
Customary home occupations, conducted solely by residents of the dwelling.
E.
Elder cottages, subject to the provisions of Article XX, § 212-139.5.
F.
Family adult care.
G.
Family child care.
H.
Adult care groups.
I.
Fences and walls, subject to the provisions of Article XX, § 212-162.
J.
Home occupations.
K.
Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
L.
Playgrounds.
M.
Professional offices where such office is part of the residence building and no more than three persons not residing on the premises are employed.
N.
Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122E, F, G, and H.
§ 212-27 Uses allowed by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board, pursuant to Article III, § 212-19, subject to the design standards set forth in relevant sections of Article XX.
A.
Airstrips, private.
B.
Animal processing structures, limited to a maximum building footprint of 2,000 square feet.
C.
Cemeteries as regulated by New York State, and the buildings and structures incidental to cemetery operations.
D.
Churches, mosques, synagogues, temples and other places of worship, convents, rectories, parish houses.
E.
Communication transmission towers and telecommunications facilities, subject to the provisions of Article XXII.
F.
Cottage industries.
G.
Facilities for agricultural education and recreation events.
H.
Farm breweries, farm cideries, farm distilleries, farm wineries.
I.
Farm operation, accessory commerce when constructing a new building or adding an addition to an existing building, subject to the provisions of Article XX, § 212-139.
J.
Lawn/landscaping services.
K.
Lodges.
L.
Major solar collection systems subject to the provisions of Article XX, § 212-139.2.
M.
Small-scale sawmills subject to the provisions of Article XX, § 212-136.
N.
Wineries.
§ 212-28 Uses allowed by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-18, subject to the standards set forth in relevant sections of Article XX, Design Standards:
A.
Airports.
B.
Animal confinement regulated by confined or concentrated animal feeding operation (CAFO), subject to the provisions of Article XX, § 212-139.4.
C.
Animal waste storage facility, subject to the standards set forth in Article XX, § 212-139.3.
D.
Group campgrounds subject to the provisions of Article XX, § 212-127.
E.
Campgrounds, overnight subject to the provisions of Article XX, § 212-127.
F.
Fire stations and other public buildings necessary for the protection or servicing of a neighborhood.
G.
Hunting clubs.
H.
Kennels.
I.
Public and private schools, nursery schools and institutions of higher education, including dormitory accommodations.
J.
Regional parks and preserves.
K.
Golf courses,
L.
Residential care/assisted living/rehabilitation facilities.
§ 212-29 Lot area and yard requirements.
A.
There shall be no more than one principal building on any lot in the AR – Agricultural/Rural Zone.
B.
Accessory buildings are subject to provisions in Article XXIV, § 212-167, Accessory buildings.
C.
Minimum lot area shall be two acres.
D.
Minimum lot width at front lot line shall be 400 feet.
E.
Minimum lot depth shall be 200 feet.
F.
Minimum front yard setback shall be 50 feet.
G.
Minimum side yard setbacks shall be 30 feet.
H.
Minimum rear yard setback shall be 75 feet.
I.
Maximum building height for any nonagricultural building or structure shall be 32 feet.
J.
Maximum lot coverage shall be 5% of the lot area.
K.
Maximum floor area of a new agricultural building shall be 20,000 square feet. Farm operation, accessory commerce building floor area shall be limited to 5,000 square feet.
L.
Maximum floor area of a new nonagricultural building shall be 5,000 square feet except an accessory dwelling unit shall be no more than 1,200 square feet (see § 212-128).
M.
Flag lots, subject to the standards set forth in Article XX, § 212-130.
N.
Streams and wetlands are required to a have a protective setback as defined in § 212-124.