No preview available
HomeMy WebLinkAbout2016-05-16_Zoning-Analysis by G FrantzTown of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 1 Introduction For the purpose of this report agriculture is defined as the use of land, buildings, structures, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise or a hobby, and including commercial horse boarding operations as defined in the Agriculture and Markets Law Article (AML) 25-AA, Section 301. Historically agriculture has included a variety of disciplines aside from fruit, vegetable and crop production and livestock raised for food. In this report animal husbandry, or the breeding of specific animals for use or sale (e.g. race horses), beekeeping, aquaculture (fish production), horticulture, floriculture and silviculture are all considered agricultural pursuits as well. Agriculture and farming, and agricultural operations and farms, are considered to be interchangeable terms in this report. Analysis This section focuses on four areas of the Town of Dryden Zoning Law as it relates to agriculture in the Town of Dryden: A. conformance with Agriculture and Markets Law B. permitted (and not permitted) land uses C. zoning dimensional requirements D. zoning definitions. A. Agriculture and Markets Law The Agriculture and Markets Law (AML) Section 305-a provides farmers and agricultural operations located with State agricultural districts specific protections against local zoning regulation that may be unreasonably restrictive and cause undue interference with legitimate agricultural practices as defined by State law. Because many of the farms in the Town of Dryden are located within a state agricultural district, they are afforded the protections available through Section 305-a. In 2002 the Legislature amended Town Law Section 283-a to require local governments to ensure that their laws, ordinances or other regulations that might apply to agricultural operations located in State certified agricultural districts do not "…unreasonably restrict or regulate farm operations in contravention Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 2 of Article 25-AAA of the Agriculture and Markets Law, unless it can be shown that the public health or safety is threatened." Generally questions that municipal officials should ask when assessing their application of zoning regulations to agriculture include: 1. Do the regulations materially restrict the definition of farm, farming operations or agriculture in a manner that conflicts with the definition of "farm operation" as set forth in AML Sect. 301(11) 2. Do the regulations materially limit or prohibit the production, preparation or marketing of any crop, livestock or livestock product? 3. Are certain types of agriculture subject to more intensive review or permitting process than other types of agriculture? 4. Is any agricultural activity that meets the definition of "farm operation" as set forth in AML Sect. 301(11) subject to special permit, site plan review or other local review standard above ministerial review, or subject to a more intensive level of review than other uses permitted within the same zoning district? 5. Are farm operations treated under the local zoning regulations as integrated, interdependent uses and activities, or as independent, competing uses of the same property? 6. Do the local zoning regulations relegate any farm operations located within a State agricultural district to the status as "nonconforming use?" The Commissioner of Agriculture and Markets is empowered to initiate a review of local land use regulations as they may affect farm operations within a State agricultural district, either independently or upon the request of a farmer or municipal official within an agricultural district. The Department of Agriculture and Markets will review the regulations to assess whether the local law or ordinance is unreasonably restrictive on its face and whether it is unreasonably restrictive when applied to a particular situation. The Department must also assess whether the regulated activity also poses a threat to public health or safety. If the Department of Agriculture and Markets determines that a local law or ordinance does impose an unreasonable burden on farm operations within a State agricultural district, it will notify the municipality of its findings. The Department will then work with municipal officials to bring the local regulations in Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 3 line with the AML. If the issue cannot be resolved through negotiation the Commissioner is authorized under the law to bring an action against the municipality to enforce the provisions of Section 305-a. B. Permitted Land Uses The Town of Dryden is divided into 9 zoning districts outside the hamlet of Varna, each with a range of permitted land uses. The zoning districts are: 1. CV - Conservation District. The purpose of this zoning district is to protect areas of the town that contain a variety of ecological and open space assets that warrant protection from intensive development. Agriculture is an allowed use in this district. 2. LIO - Light Industrial / Office District. This zoning district permits light industrial and warehousing enterprises, office buildings and administrative operations and service enterprises, or research and development enterprises. Agriculture is an allowed use in this district. 3. LIO-A - Light Industrial / Office / Adult Use District. This district is to accommodate “adult uses” in an appropriate location in the town. In addition to “adult uses,” all other uses permitted within the Light Industrial/Office District are permitted within the Light Industrial/Office/Adult Use District , including agriculture. 4. LSRDD - Large Scale Retail Development District. This zoning district is to accommodate large- scale retail development may be appropriate. This district is not mapped, but may be proposed on any property, not located in the Tompkins County Agricultural District 1, along a State or County Public Highway. 5. MC – Mixed Use Commercial District. The Mixed Use Commercial (MC) District allows a mix of retail and service businesses, office buildings and research and development businesses. Agriculture is an allowed use in this district. 6. NR - Neighborhood Residential District. The Neighborhood Residential (NR) District identifies established neighborhoods that are situated in a rural landscape and constitute the primary land use. Agriculture is an allowed use in this district. 7. RA - Rural Agricultural District. The Rural Agricultural (RA) zoning district is to accommodate agricultural uses and associated natural areas protection. Agriculture is recognized as the primary Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 4 land use, however the district permits a wide variety of non-agricultural uses, including auto repair shops, car washes, conference and retreat centers, inns, retail stores and professional offices. 8. RR - Rural Residential District. The Rural Residential (RR) zoning district defines areas of the town where residential uses situated in a rural landscape constitute the primary land use. Agriculture is also permitted. 9. TNDO - Traditional Neighborhood Development Overlay District. The Traditional Neighborhood Development Overlay District (TNDOD) provides development alternatives for landowners located at the periphery of villages and in hamlets. Utilizing incentive zoning authority in Town Law, land in the overlay district can be developed more intensively, and with mixed uses, in return for specified public benefits and the incorporation of Traditional Neighborhood Design (TND) principles in the design of sites and structures. The various land uses permitted in the Town of Dryden fall into three general categories: permitted as of right; permitted with approval of a site plan; or permitted upon the approval of a special use permit. Uses permitted as of right are land uses that may require a building permit but usually no further review by a Town body. In some cases however the proposed use may be subject to site plan approval by the Planning Board. The intent of site plan approval should be to ensure that 1) the proposed development conforms to the minimum requirements of the zoning law; 2) the proposed development meets minimal design requirements to ensure the health and safety of the general public entering and using the premises; and 3) under the provisions of NY SEQR, ensure that potential significant adverse environmental impacts are identified and mitigated. Since a site plan approval by a planning board is considered a discretionary action, it is subject to SEQR. Those land use activities subject to special use permit are generally more intense land uses that, depending on their location and scale, may have specific negative impacts on surrounding properties, or on public infrastructure such as streets and highways. The special use permit review is similar to site plan review, however the Town also has the authority to impose reasonable conditions on the proposed development that will mitigate the impacts identified in the review process. Special permit reviews are also subject to SEQR. The NYS Department of Agriculture and Markets opposes site plan review and special permit review for the construction of on-farm buildings and the use of land for agricultural purposes within any State Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 5 certified agricultural district. In the opinion of the Department, agricultural uses in an agricultural district are constitutionally recognized land uses which are protected by AML §305-a. The State however does recognize that some agriculture-related land uses do warrant site plan review. As noted above, those land uses that are open to the general public may warrant site plan review to ensure the health and safety of the general public entering and using the premises. Table 1 below shows the permitted land uses in the Town of Dryden, by zoning district . The table is color-coded using green and red. Green areas or use where there are no issues or conflicts regarding zoning and agriculture in the town, while red indicate an issue or conflict with regard to agriculture and zoning. Because they contain the bulk of the agricultural lands in Dryden, the focus of this report is on three zoning districts: Rural Residential (RR), Rural Agricultural (RA), and Conservation (CV) districts. The following are the issues identified: 1. Automotive Salvage Junkyards are permitted in the RA and CV, with a special use permit. These uses are industrial uses with the potential for soil and groundwater contamination. They can utilize large parcels of land better suited to agriculture. They should be removed as permitted uses in the RA and CV zoning districts, and limited to LIO and LIO-A light industrial zoning districts. 2. Automotive Towing Services are permitted in the RA zoning district with a special use permit. This type of land use can compete with agriculture for productive farmland and should be limited to commercial and industrial zoning districts. 3. Boarding Houses are permitted with a special use permit in the RA zoning district. This type of business can compete with agriculture for productive farmland, but just as importantly, is sensitive to byproducts of agricultural operations such as noise, odors and dust. 4. Car Washes can compete with agriculture for productive farmland, but also should be located close to their customer base, generally in a village or hamlet of commercial area. 5. Industry/Light is not permitted in the RR, RA and CV zoning districts. Although this prohibition may be appropriate for the RR and RA zoning districts, not permitting some form of light manufacturing in the RA zoning district may preclude small food processing and other types of light manufacturing that can boost farm viability. This issue could be addressed by adding a new land use category – Industry/Agriculture, defined in a manner to limit such enterprises in scale and types of products. Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 6 6. Inn businesses are permitted in the three zoning districts with a special use permit. Although on a small scale an inn may fit well with a rural setting, there is no limit in the zoning definition for “Inn” on the maximum size of such an establishment. The definition should have some limit in terms of number of rooms/guests permitted. By limiting the size of to being a relatively small-scale enterprise, such uses could also be limited to site plan review. Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 7 Table 1a. Permitted uses by zoning district, Town of Dryden Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 8 Table 1b. Permitted uses by zoning district, Town of Dryden Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 9 Table 1c. Permitted uses by zoning district, Town of Dryden C. Zoning Dimensional Requirements The lot size requirements in a local zoning law can have implications for agricultural operations D. Definitions Pertaining to Agriculture Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 10 An example of a definition of agriculture is: "The use of land, buildings, structures and equipment, and the practices which support the production, preparation, marketing and transportation of grain, vegetable, fruit, and other crops, horticultural and floricultural products, animal husbandry, livestock and livestock products." This definition is designed to take into account the numerous activities that may take place on a farm of any size. It provides a clear and concise definition of what would constitute an agricultural operation, but provides considerable flexibility that accommodates wide variety of activities generally recognized as being "agriculture" in New York and the constantly evolving nature of agriculture and agricultural practices. In addition to residential and agricultural uses the Town of Dryden Land Use Law permits a number of other land uses within the Rural Agricultural – RA zoning district. These are listed in Table 1.include: small retail commercial, bars, taverns and restaurants, indoor and outdoor entertainment, gas stat ions, car repair shops, car sales, nursing homes, multi-family housing, dormitories and private educational institutions, hospitals and industrial operations. These land uses, particularly industrial and commercial land uses, can require substantial amounts of level land and thus can compete with farmers for valuable agricultural land, particularly higher quality agricultural lands. Other uses, such as nursing homes, multi -family housing, restaurants and health care facilities, can be adversely affected by the noise, dust and odors associated with contemporary agricultural operations, and create conflicts with local farmers. The Town of Dryden should consider amending its Land Use Law to remove these uses from the list of those permitted in the Agricultural/Residential-A zoning district. Although many of the above uses are subject to special permit review, in New York where a land use is permitted subject to special permit, the presumption has been made by the municipality that it is an appropriate land use in the zoning district(s) where it is permitted subject to special permit. As a result the municipality is generally limited to setting specific conditions of approval to mitigate potential impacts of the proposed development. At the same time many farm operations have side businesses that supplement the income of the overall agricultural operation. The Town of Dryden already permits "farm occupations," which are defined as "a business run by a farmer or his family member(s) on farm property that is incidental and not necessarily related to the farm business. The farm occupation, if not located in a barn or other existing outbuilding, is limited to a new building of 5,000 square feet in area." Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 11 The farm occupation concept, as defined in the Land Use Law, appears to provide the farm community in the town with the opportunity to supplement the income of farm operations, but on a smaller scale that would not compete for land or introduce potentially incompatible uses. It appears to be similar to an approach utilized in other towns that have created a class of commercial enterprises described as “agribusiness,” “agricultural enterprises,” or “agricultural commercial” for the purpose of zoning. Such businesses are owned and operated by the owner/operator of an active farm and permit farm operators to tap sources of supplemental income by providing goods and other services that support theirs and other agricultural operations in the town and the region. Examples of such businesses would be farm equipment dealerships, seed, grain, hay, straw and fertilizer sales, repair services, building, excavating and other contracting services and trucking services. In the Town of Ulysses such businesses are referred to as “agricultural commerce” and defined as: “A retail or wholesale enterprise providing services or products principally utilized in agricultural production, including structures, agricultural equipment and agricultural equipment parts, batteries and tires, livestock, feed, seed, fertilizer and equipment repairs, or providing for wholesale or retail sale of grain, fruit, produce, trees, shrubs, flowers or other products of agricultural operations.” Some municipalities limit the size of such operations by limiting the number of employees permitted. The Town of Dryden approach of limiting the size of the structure in which such businesses can operate to 5,000 square feet is an appropriate approach as well. In many areas agritourism is a growing and important component of an overall direct marketing strategy for an active agricultural operation or farm market, and important source of supplemental income for farms. The above definition is crafted in a manner both describes the activities envisioned as part of an agritourism enterprise, protects the town from unanticipated ones, but permits some flexibility in interpretation. It does however leave out an activity that is commonly found in agritourism, which is the sale of prepared foods, generally from ingredients produced on the farm. The definition also does not limit agritourism enterprises to being a component of an overall farm operation: anybody is permitted to engage in agritourism, on or off the farm. Agritourism operations are designed to attract the general public. They also have the potential to grow into major businesses that may attract large numbers of people and heavy traffic, particularly for occasional special events. Site plan approval is a mechanism by which a municipality can ensure that the Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 12 health and safety of the general public and patrons of such businesses is protected, ensure that adequate facilities for parking and safe ingress and egress from public highways are provided, and that potential adverse impacts of such businesses or large events are mitigated. The Town of Dryden may wish to revise the Land Use Law to require site plan approval for agritourism. Farmstands Farm Markets Wind Energy systems C. Zoning Dimensional Requirements The area and bulk regulations set forth in Section 504, Schedule II appear to be reasonable and are not likely to unnecessarily burden agricultural operations in the Town of Dryden. For agricultural uses permitted by right he Town has not established additional setbacks for farm buildings or structures, nor do they restrict the size of type of agricultural buildings or structure. D. Zoning Definitions An important component in any set of zoning regulations is the glossary section containing definitions of various terms used in the zoning regulations. Because of the nature of zoning, clarity is critical to ensuring fair and consistent interpretation of the regulations, promoting efficient administration and positive public perceptions with regard to their local zoning, and inoculating the community against controversy and in some cases expensive litigation. The Town of Dryden definitions section is comprehensive and provides complete and clear definitions of key terms related to agriculture. There are three definitions related to agriculture in the Town that may warrant some revision: 1. Farmstand 2. Farm. 3. Junk. As stated earlier in this report the Town should consider revising the definition of "junk" The Department however does not expect municipalities to grant farmers a blank check. A Town of Dryden Zoning Law Review May 16, 2016 Preliminary Draft 13 number of towns have simply modified their existing definitions for junkyard to include language such as “…and other debris that is not generated by or used in any ongoing agricultural operations on the premises.” Conclusions The regulations in the Town of Dryden Zoning Law as it relates to agriculture are not overly burdensome and with the exception of a few minor issues avoid contravention of Agriculture and Markets Law (AML) Section 305-a or the provisions of Town Law governing land use regulations.