See § 120-49.2A for information and requirements for farms which are 10 acres or more.

Farms under 10 but more than three acres.
Special use permits on a parcel less than 10 acres for animal housing shall be required from the Town Board subject to such conditions as the Town Board may impose regulating housing of animals, storage of manure or other odor- or dust-producing substances and consideration of neighbors and such similar restrictions as the Town Board may deem proper under the circumstances. For farms located within a state and county agricultural district, the conditions of a special use permit shall not unreasonably restrict or regulate farm operations in contravention of the New York Agriculture and Markets Law unless it can be shown that the public health or safety is threatened.

 

Fowl and hoof animals for farms less than 10 acres.
Special use permits are required for fowl and poultry in all zoning districts. Applicants for the special use permit must live in detached single-family homes and raise chickens for noncommercial purposes. The number of fowl and poultry shall not exceed 12. Roosters are not permitted in Districts R-2 and R-1. The Town Board may impose such conditions, taking into account the zoning district in which the use is proposed, including the storage of manure, consideration of adjoining properties and neighbors, and such other restrictions as the Town may deem proper under the circumstances.

 

(1) Chickens in R-1 District.

(a) The raising or keeping of up to six hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
 

[1] Application for the special permit will be made to the Building Safety Inspector/Zoning Enforcement Officer. Once filed, the premises will be inspected by the ZEO and a building plan for the coop and enclosure submitted for review.

[2] Notification of the application will be published in the Arcade Herald and on the Town website. Neighbors with any concerns may contact the ZEO within 10 days of publication. After the ten-day period, the ZEO may issue the special permit. If there are issues, the ZEO may refer the application to the Town Board and/or Planning Board.

 

(b) Special conditions relative to the raising of chickens by special use permit in an R-1 District:

[1] The maximum of six hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the ZEO.

[2] The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the dwelling.

[3] Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.

[4] Absolutely no rooster chickens are allowed. If found at any time, the special permit will be revoked by the Town Board and the holder will be subject to citation by the ZEO.

[5] The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.

[6] Proper disposal of manure. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.

[7] Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five-gallon pail, so as to prevent rodent attraction.

(2) Chickens in R-2 District.

(a) The raising or keeping of up to 12 hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
 

[1] Application for the special permit will be made to the Building Safety Inspector/Zoning Enforcement Officer (ZEO). Once filed, the premises will be inspected by the ZEO and a building plan for the coop and enclosure submitted for review.

[2] Notification of the application will be published in the Arcade Herald and also on the Town website. Neighbors with any concerns may contact the ZEO within 10 days of publication. After the ten-day period, the ZEO may issue the special permit. If there are issues, the ZEO may refer the application to the Town Board and/or Planning Board.

[3] The special use permit shall be limited to the applicant and is not transferable.
 

(b) Special conditions relative to the raising of chickens by special use permit in an R-2 District:

[1] The maximum of 12 hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the ZEO.

[2] The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the dwelling.

[3] Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.

[4] Absolutely no rooster chickens are allowed. If found at any time, the special permit will be revoked by the Town Board and the holder will be subject to citation by the ZEO.

[5] The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.

[6] Proper disposal of manure. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.

[7] Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five-gallon pail, so as to prevent rodent attraction.

 

Horses and hoofed animals.
Special use permits are required for horses and hoofed animals in all zoning districts for lots less than 10 acres. For recreational keeping of horses, minimum lot size is to be three acres. Out of the three acres, 1 1/2 acres of usable pasture or exercise area is required for the first two horses. One additional acre is needed for each additional horse.

 

See Forms for more information.