Farm accessory business uses

[Added 6-6-2019, effective 6-6-2019]

• A. Purpose. The purpose of this section is to expand the accessory business uses on farm land that are currently not allowed. This can help to provide an economic incentive to maintain land now used for farming, forestry, wildlife habitat, recreation and to preserve the Town's rural character. Farmland owners may need to generate revenue from their land beyond conventional farm products to maintain a sustainable business and thus prevent their parcels from being converted to house lots. While the Town of Glocester wants to encourage limited accessory business uses for farm landowners, it also recognizes the need to protect the integrity of its residential areas. Therefore this section establishes limits to allow for accessory uses on farms that are compatible with residential uses. Section 350-58.2 does not restrict or limit any agricultural activities currently allowed in Glocester by Town ordinance or state law. This section adds new accessory uses for farm land owners if these uses can comply with the applicable conditions in § 350-58.2E.
• B. Eligibility. Farm-based accessory uses listed in § 350-58.2C below are only allowed on farms as defined in § 350-5 of this chapter.
• C. Allowable uses.
  • (1) The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on all farm lots unless otherwise indicated:
    • (a) Hay rides, tractor rides and sleigh rides.
    • (b) Crop mazes.
    • (c) Indoor or outdoor viewing, feeding and petting of farm animals for a fee.
    • (d) Pick-your-own crops.
    • (e) Farm home food production in compliance with R.I.G.L. § 21-27-6.1.
    • (f) Commercial greenhouses.
    • (g) Raising and sale of livestock.
    • (h) Product stands.
  • (2) The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on medium and large farm lots and not permitted on small farms:

    [Amended 12-7-2023, effective 12-7-2023]

    • (a) Indoor or outdoor agriculture-related classes, seminars and tours.
    • (b) Farm-based retail building.
    • (c) Farm product processing of agricultural products raised on-premises, excluding the processing of meat or meat products.
    • (d) Farm-based retail of agriculture products raised on the premises.
    • (e) Farm-based contracting business.
  • (3) The following uses, as defined in § 350-5, shall be permitted accessory uses subject to the conditions set forth herein on large farm lots and not permitted on small and medium farms:

    [Amended 12-7-2023, effective 12-7-2023]

    • (a) Sale of gardening or landscaping materials produced on the premises, including mulch, compost, potting soil and other soil amendments.
    • (b) Equestrian facilities.
    • (c) Farmers' market.
• D. Review.
  • (1) Accessory uses as outlined above are specifically exempted from the major land development process and will be reviewed by development plan review in accordance with § 350-57 of this chapter for any use that meets one or more of the following criteria:
    • (a) The use requires a special use permit;
    • (b) The use requires the installation of eight or more parking spaces;
    • (c) The use requires the construction or adaptive reuse of a permanent or temporary structure enclosure with 1,000 square feet or more;
    • (d) The use includes on-site food or beverage service;
    • (e) The use involves providing overnight accommodation;
    • (f) The use involves animal display, boarding or breeding;
    • (g) The use is a farm brewery, distillery or winery.
  • (2) The Planning Board shall hold a public hearing consistent with the notice requirements of § 350-8F(3) of this chapter for any use that requires development plan review but does not require a special use permit.
  • (3) Accessory uses other than those outlined above will require review by the Town's Zoning Official. The Zoning Official may refer any farm accessory use to the Planning Board for development plan review.
  • (4) The Planning Board shall have the authority to waive or modify any requirement from the development plan review with respect to the information and documents an applicant must submit if, in the opinion of the Planning Board, the information or document is not necessary for a comprehensive review of the proposed use.
• E. Accessory use conditions. The accessory uses established by this section shall remain subordinate to the principal bona fide farm use, and their existence shall not be considered establishment of a legal nonconforming principal use. If the farm ceases to exist in compliance with the definition in § 350-5, the accessory use shall also cease to operate. Nothing in this section supersedes the Rhode Island Right to Farm Act.
  • (1) Permanent Signage. One freestanding sign of a maximum of 10 square feet in area and four feet in height shall be allowed and comply with the standards in Article V, Sign Regulations, of this chapter.
  • (2) Temporary Signage. One temporary freestanding sign per driveway entrance is allowed and may be placed at the entranceway in a manner that does not obstruct sightlines for automobiles exiting the property. Temporary freestanding signs shall be no larger than six square feet in area and four feet in height. In addition to the allowable freestanding sign, one banner that does not exceed 20 square feet may also be used. All temporary signs shall be removed during nonbusiness hours.
  • (3) Off-street parking. No farm accessory use shall be developed unless adequate off-street parking is provided in accordance with Article VI, except that, instead of using paved surfaces for parking and driveways, the use of pervious materials, including, but not limited to, turf, stone, lattice finishes that allow for turf to grow within the parking area, or reinforced turf are strongly encouraged. Where pavement or other impervious surfaces are proposed, treatment of the stormwater runoff from these surfaces shall comply with § 300-31B(16).
  • (4) Lighting. Any outdoor lighting shall be hooded and controlled so that the source of light is not visible from any adjoining property line. Lighting fixtures shall be directed away from property lines to avoid light trespass and glare onto adjacent properties. Any outdoor lighting must comply with the provisions of Chapter 203 of the Glocester Code of Ordinances. All lighting practices shall be compliant with the International Dark Sky Association.
  • (5) Setbacks. With the exception of product stands and retail sales buildings which may encroach into the front yard setback, all accessory uses shall meet the setbacks of the underlying zoning district.
  • (6) Screening. In addition to using existing structures to shield outdoor storage, equipment, or materials from view, opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any outdoor storage of nonagricultural equipment or materials that occurs within 100 feet of a front, side or rear lot line that is visible to a public street or adjacent residence. Any outdoor dumpsters or similar large-scale trash collection bins shall be fully screened either through the use of opaque wooden fencing and/or evergreen vegetated screening.
  • (7) Storage. Storage of any nonagricultural equipment or materials related to the permitted accessory use shall be indoors to the extent practicable. Outside storage of equipment, materials, or vehicles associated with the permitted accessory use shall be located in a manner that effectively shields them from view when viewed from a town road or adjacent residence.
  • (8) Fencing. Fencing used to demarcate storage areas shall be made of wooden material or other synthetic materials designed to simulate traditional fencing material.
  • (9) Temporary agricultural buildings. Temporary agricultural buildings, including tents, shall conform to the dimensional requirements of the underlying district. These agricultural buildings shall be erected and removed in accordance with local licensing agreements, and inspected by municipal safety officials as required by law.
  • (10) Noise. No farm accessory use shall exceed a sound level of 65 decibels for more than 15 minutes within a sixty-minute time period as measured at or within the real property boundary of the receiving land use, between the hours of 7:00 a.m. and 10:00 p.m. Between 10:00 p.m. and 7:00 a.m. the use shall not exceed a decibel level of 55 decibels as measured at or within the real property boundary of the receiving land use. The sound level in decibels shall be measured using the A-weighted network as specified by the American National Standards Institute's most recent standard for sound level meters. Noise from livestock or farm equipment used in normal, generally accepted farming procedures is exempt from this noise standard in accordance with the Right to Farm Act § 2-23-5 of R.I.G.L. Moreover, noise from temporary construction activities is also exempt from this requirement.
  • (11) Licensing. In addition to the accessory use conditions listed above, some accessory uses may be required to obtain a license from the Town Council per the Glocester Code of Ordinances for uses such as entertainment, hawkers/peddlers or victualing. The license may include but not be limited to, hours of operation, patron limits, event frequency, and any special conditions that address unique characteristics of the use on a particular site to avoid impacts to adjacent property owners.

  Editor's Note: See R.I.G.L. § 2-233-1.

• F. Enforcement. Violations of this section shall be in accordance with § 350-7D of this chapter.
• G. Severability. If any provision of this section is held invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this section shall not affect the validity of the remainder of the Town's Zoning Ordinance.