Article 13

ARTICLE 13

AGRICULTURAL/RESIDENTIAL DISTRICT
(AG./RES.)

13.0                Statement of Purpose  

The primary purpose of this zoning district is to preserve land containing agricultural value while providing for rural type residential development where agricultural land abuts public roads.  As the number of non-farm residents in an area grows, the more difficult it is to engage in typical farm practices and it becomes more arduous to protect the rural character associated with these areas.  Therefore, the following reasons are given to support the purpose for which this zoning district is intended to accomplish.

  1. This district shall permit a degree of non-farm housing without unduly contributing to uncontrolled residential expansion into rural areas.

 

  1. The Ag./Res. District lessen the impacts of non-farm residences on the rural environment by reducing the possible mixture of farm and non-farm dwellings.


13.1                Principal Permitted Uses   

In the Ag./Res. District, no person shall hereafter use any land, building or structure and no person shall erect any building or structure except in accordance with the following provisions:

  1. Agriculture, horticulture and viticulture.
  2. Single family dwellings, both farm and non-farm related.
  3. Accessory uses and structures incidental to the above permitted uses including, but not limited to the following:

 

a.         Roadside stands for the sale of agricultural products grown on the site, subject to the following:

  1. The structure shall be set back at least forty (40) feet from the street right-of-way.
  2. Off-street parking shall be provided for all employees and customers.
  3. A minimum of fifty (50%) percent of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year.
  4. Farms.
  5. Type B family day care home.
  6. Publicly owned and operated libraries, parks and recreation facilities.
  7. Accessory uses customarily incidental to above permitted uses.

 


13.2                Conditionally Permitted Uses  

  1. Cemeteries of at least ten (10) acres in size and other facilities incidental thereto.
  2. Nursery schools and day care nurseries and child care centers, subject to Article 9.
  3. Type A family day care home, subject to the provisions of Article 9.
  4. Churches and other facilities normally incidental thereto, subject to Article 9.
  5. Public, parochial and other private elementary intermediate and/or high schools offering courses in general education, but not commercial trade schools.
  6. Private parks, country clubs, golf courses and golf driving ranges.
  7. Bed and breakfast homestay.
  8. Publically owned and operated libraries, parks and recreation facilities.
  9. Public stables and riding academies of at least ten (10) acres in size.
  10. Temporary buildings for use incidental to construction work for a period not to exceed one (1) year, subject to renewal.
  11. Airports, airfield runways, hangars, beacons and other facilities involved with aircraft operations, subject to the provisions of Article 9.
  12. The raising of fur bearing animals, subject to the following conditions:

 

  1. The commercial raising of fur bearing animals including mink, chinchillas, rabbits, fox, guinea pigs and similar animals, shall be located on a continuous parcel of forty (40) acres or more in area.  All outdoor runs or breeding areas shall be set back from the front property line a minimum of one hundred (100) feet and the rear property line a minimum of one (100) feet.
  2. The commercial raising of domestic or laboratory animals such as cats, dogs, mice, rats or other similar animals, shall be located on a parcel of property not less than ten (10) acres in area.  All outdoor runs or breeding areas shall be enclosed on all sides by a wall or fence.
  1. Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education, all subject to the following conditions:

 

  1. Any use permitted herein shall be developed only on sites of at least forty (40) acres in area and shall not be permitted on any portion of a recorded subdivision plat.
  2. No building or other use of land except passive landscaped areas shall be situated within one hundred (100) feet of any private residence not included as part of this site.
  1. Transmitter/Receiver Towers, subject to the provisions of Article 9.

 

16.       Government public buildings and/or recreation areas and other uses incidental thereto, subject to the provisions of Article 9.

13.3                Development Standards  

  1. Minimum area:                     1.5 acres
  2. Minimum frontage:                          200 feet
  3. Minimum Front Yard:          50 feet
  4. Minimum Side Yard:            35 feet
  5. Minimum Rear Yard:           50 feet
  6. Minimum Setback for Corner Lots:

½ the required front yard setback

  1. Setback on Cul-de-sacs:    Refer to Section 28.19
  2. Maximum Height:                 35 feet
  3. Maximum Lot Depth:           Lot width times 3.5
  4. Minimum Floor Area:           1,200 square feet

13.3.1             Supplemental Development Standards

a.         Restrictions to minimum lot area-lot minimum area shall be greater than 1.5 acres if the lot encompasses flood plain, waterways, drainage ditches, utility easements (buried or above ground) and/or has topography having a terrain slope exceeding a one (1) foot fall in three (3) feet of distance.  For the afore described lot the dwelling location on said lot shall contain a minimum of 1.25 contiguous acres which are not otherwise intersected by flood plain, waterways, drainage ditches or utility easements and whose topography does not have any terrain slope exceeding a one (1) foot fall in three (3) feet of distance.


    1. 13.4 Required Parking 

 

As specified in Article 30.

 


    1. 13.5 Signs 

As specified in Article 31.


    1. 13.6 Accessory Structures 

 

  1. Where the accessory structure is attached to a main building, it shall be subject to and must conform to all regulations of this Resolution applicable to the main building.
  2. Except as otherwise provided herein, no accessory building or structure or use shall be erected or carried on in the required front yard.
  3. A detached private garage or other accessory structure may be erected and used in the interior side or rear yard provided that:
  1. When such accessory structure is located in the rear or side yard, a minimum side and rear yard of five (5) feet shall be maintained.  If the structure is one thousand five hundred (1,500) square feet or greater, then the minimum side and rear yard shall be twenty (20) feet.  If the structure is single story, detached, does not exceed one hundred and twenty (120) square feet of floor space, does not have a permanent foundation, has no plumbing installed, and is used as a tool or storage shed, playhouse, or similar use, it is exempt from required zoning permit.  A zoning permit shall be required for all other accessory structures. 

 

  1. In no case shall an accessory structure be located closer than twenty (20) feet to any street line or alley.

4.         An accessory building shall be a minimum distance of ten (10) feet from any main building(s).
5.         No accessory structure shall be used for human habitation.
6.         No accessory structure shall be used for commercial or industrial purposes.
7.         Accessory structures shall not cover more than thirty five (35%) percent of the required rear yard.
8.         Accessory structures must be subordinate in area to the principal use.
9.         The maximum height of any accessory structure shall be twenty (20) feet.
10.       Private swimming pools, refer to Section 30.10.
11.       Driveways, parking and/or maneuvering areas are considered accessory structures and shall not encroach upon the minimum side yard setback areas as set forth in 13.6.3(a) of this resolution.


13.7                Home Occupation as a Conditionally Permitted Use    

  1. The home occupation may be permitted to be conducted in a structure accessory to the residence, provided the application so specified.

 

  1. Outside storage related to the home occupation may be permitted, if totally screened from adjacent residential lots, provided the application so specifies.
  2. Not more than thirty (30%) percent of the gross floor area of any residence shall be devoted to the proposed home occupation.
  3. The external appearance of the structure in which the use is to be conducted shall not be altered and not more than one sign no larger than two (2) square feet shall be mounted flush to the wall of the structure.
  4. Minor or moderate alterations in accordance with Article 30 may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction.
  5. No equipment process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances.
  6. No more than two (2) additional parking places may be proposed in conjunction with the home occupation, yard shall not be located in a required front yard.


13.8                Water Retention Pond as a Conditionally Permitted Use  

Definition:  Water Retention Pond – Man made water retention basin, constructed by fully excavating a site or by excavating and damming a site.  A pond not included in this definition is a detention/retention pond constructed in conjunction with a residential, commercial or industrial development for storm water control as required by the Erie County Storm Water/Erosion Control Regulations.

  1. A minimum lot size of ten (10) acres is required to have a water retention pond.
  2. The following conditions for water retention ponds shall be met:

 

  1. Soil retention plans and pond approvals shall be submitted with the application (required).
  2. A pond or portion of a pond shall not be constructed within the 100 year flood plain or within a floodway.
  3. Maximum total water surface area of all ponds shall not exceed 20% of the lot land area.
  4. The pond shall be a minimum of eight (8) feet deep over 35% of the pond surface area.
  5. The pond sides slope shall be a minimum of three (3) foot horizontal to one (1) foot vertical.
  6. A natural water source must be available except where a subsurface drain source, excluding septic drainage, exists.
  7. There shall be a minimum setback from property line of seventy five (75) feet from the front lot line and thirty (30) feet form side and rear lot lines.  Measurement of the front lot line setback shall be from the edge of the road right-of-way to the waters edge.  For corner lots, both front lot lines shall have a minimum setback of seventy five (75) feet.  Measurement of the side and rear lot line setbacks shall be from the property line to the waters edge.
  8. Ponds located on lots having improvements (ie. building) shall not be located in front yards.
  9. No surface water shall be diverted to flow onto existing right-of-ways or adjoining property as a result of the construction and design of the pond.
  10. Pond construction by mounding above grade on the upland side shall not be permitted.
  11. If the pond is constructed utilizing any mounding of dirt around it, the toe of said mound shall end at least ten (10) feet from the property line and the slope of said mound shall have a maximum slope of three to one.

    1. 13.9 Accessory Uses    

 

Definition:  Garden Pond – Small, artificially created body of water constructed for the purpose of adding landscape features to the dwelling site.

1.         Garden pond permitted as an accessory use in accordance with the following:

  1. Maximum water surface area shall not exceed seventy five (75) square feet.
  2. Maximum water depth shall not exceed twenty four (24) inches.
  3. Water in the garden pond shall be continuously aerated.
  4. There shall be a minimum setback of twenty (20) feet from all property lines, as measured to the waters edge.