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Big Flats City Zoning Code

CHAPTER 17

40 - ACCESSORY STRUCTURE AND USE REQUIREMENTS

17.40.010 - Intent.

An accessory structure or use shall not create an impact on the environment that is any more significant than that of the principal use. The requirements established in this chapter are intended to provide for fire safety, open space, and accessibility to sunlight and views.

(LL No. 1, 2021, § 1)

17.40.020 - Accessory structure requirements.

A.

General Requirements.

1.

When a principal use is permitted as of right in accordance with Section 17.12.010, an accessory building and/or use associated with the principal use and constructed in accordance with this chapter shall also be permitted as of right.

2.

When a principal use is permitted under site plan approval in accordance with Section 17.12.010, an accessory building and/or use associated with the principal use shall also require site plan approval and be constructed in accordance with this section. Site plan approval may be waived upon the determination of the code enforcement officer and planning board chairperson if the proposed accessory structure and/or use is consistent with the minor deviation requirement in accordance with Section 17.32.170.

3.

The construction or placement, on a lot, of an accessory building in excess of one hundred forty-four (144) square feet in area shall require a building permit issued by the code enforcement officer.

B.

Size and Number of Accessory Buildings.

1.

An accessory building associated with the following specified principal uses shall comply with the following maximum requirements:

Specific principal use listed
in Section 17.12.010		 Maximum building footprint of an individual accessory building Maximum accessory building height Maximum number of
accessory buildings associated
with a principal use 		Maximum permitted
cumulative square feet of all
accessory buildings associated
with a principal use
Alternative dwelling park, two-unit dwelling, or multi-unit dwelling 150 sq. feet 20 feet One for each dwelling unit Total dwelling units times
150 sq. feet
Airport or heliport 10 percent of the floor area of principal building 35 feet As permitted in an approved site plan As permitted in an approved site plan
Agriculture plant or animal or private stable As permitted under the NYS Uniform Fire Prevention and Building Code 35 feet No restriction As permitted under the NYS Uniform Fire Prevention and Building Code
Agri-business, or commercial stable 10 percent of the floor area of principal building 35 feet As permitted in an approved site plan As permitted in an approved site plan
Government As permitted under the NYS Uniform Fire Prevention and Building Code 35 feet No restriction No restriction

 

2.

An accessory building associated with a principal use other than as specified in subsection B.1. shall comply with following maximum requirements:

District Specific principal use listed in Section 17.12.010 Maximum building footprint of an individual accessory building Maximum accessory building height Maximum number of
accessory buildings
associated with a
principal use 		Maximum permitted cumulative square feet of all accessory buildings associated with a
principal use
R1, R2 Residential use 900 sq. feet
(see note 1) 		20 feet Two 1,100 sq. feet
(see note 1)
TC, TC2 & TCR Residential use 900 sq. feet 20 feet Two 1,000 sq. feet
R1 & R2 General use 1,000 sq. feet 20 feet One 1,000 sq. feet
TC, TC2 & TCR General or business use 1,000 sq. feet 24 feet One for each general or business use on a lot Number of general or business uses on a lot times 1,000 sq. feet
BN, BN2 & BNR General or business use See note 2 24 feet See note 2 See note 2
RU Residential use 1,500 sq. feet
(See note 3) 		24 feet Three 3,000 sq. feet
RU, BR, ABD, CL & I General use See note 2 30 feet See note 2 See note 2
C General or business use 300 sq. feet 25 feet Two 600 sq. feet
RU, BR, ABD, CL & I Business use See note 2 35 feet See note 2 See note 2
BNR, ABD, CL, & I Industrial use See note 2 35 feet See note 2 See note 2

 

Note 1 - The planning board may increase the maximum footprint for an individual accessory building to one thousand two hundred (1,200) square feet and one thousand five hundred (1,500) square feet for cumulative area of all accessory buildings if the accessory structure/use is located on the same lot as the principal structure and which the lot is greater than one acre. Increase in accessory building area under this provision will required planning board to grant site plan approval.

Note 2 - The planning board shall review general or business requests for accessory structure/use as part of the site plan review and in consideration of the bulk and density requirements of the underlying zoning district, the planning board shall place restrictions on the size and number of accessory structures and uses as deemed appropriate per the provisions of this chapter.

Note 3 - For any conforming lot (over five acres) residential accessory structures shall only need to comply with the setbacks of this chapter and the bulk and density requirements of the rural zoning district.

C.

Accessory Building Location.

1.

An accessory building shall not be located between the front building line of a structure and the front lot line.

2.

An accessory building shall not be located in a buffer.

3.

An accessory building associated with a nonconforming residential use located in a BN, BR, ABD, CL, I or C district shall in accordance with the requirements for a residential use in a R1 district as set forth in subsection (B)(2) of this section.

D.

Accessory Building Setback. An accessory building shall have a minimum setback distance from a lot line as specified below:

Accessory building setback requirements
District principal use An accessory building 144 sq. feet or less in area An accessory building more than 144 sq. feet in area
Side yard setback Rear yard setback Side yard setback Rear yard setback
RU & C
For a residential use listed in Section 17.12.010 10 feet 10 feet 20 feet 10 feet
For a general or business use listed in Section 17.12.010 10 feet 10 feet 20 feet 10 feet
R1, R2, TCR, TC, TC2, BN & BNR
For a residential use listed in Section 17.12.010 5 feet 5 feet 10 feet 5 feet
For a general use listed in Section 17.12.010 5 feet 5 feet 10 feet 5 feet
BN2 BR, ABD, CL & I
For a general use listed in Section 17.12.010 5 feet 5 feet 10 feet 10 feet
TC, TC2, BN, BN2, BNR, BR, ABD, CL & I
For a business use listed in Section 17.12.010 5 feet 5 feet 10 feet 10 feet
BNR, BR, ABD, CL & I
For an industrial use listed in Section 17.12.010 5 feet 5 feet 25 feet 25 feet

 

E.

Accessory Building Setback from Principal Building. An accessory building shall not be constructed closer to a principal building than either a distance of six (6) feet.

F.

Location of Certain Accessory Structures Other Than Buildings. In any district an accessory structure associated with a residential use listed in Section 17.12.010 other than a building, and in the form of or similar to the following accessory structures, are prohibited between the front building line of a structure and the front lot line:

1.

Swimming pool;

2.

Sauna or hot tub;

3.

Solid fuel burning stove or appliance;

4.

Court for tennis, racquetball, or other sport;

5.

Animal pen or enclosure; and

6.

Above ground storage of solid or liquid fuel including wood, propane, and fuel oil.

7.

Solar energy conversion system.

8.

Wind energy conversion system.

G.

Exception to the Location of Certain Accessory Structures Other than Buildings. The following are exceptions to the requirements of subsection F of this section:

1.

Certain accessory structures located on a lot in accordance with an approved site plan;

2.

An enclosure of any portion of a yard for a dog or cat, but not including a pen, dog run, or kennel; or

3.

An animal pen or enclosure used in conjunction with the keeping of or maintaining agriculture livestock and/or horses, or an agriculture use.

(LL No. 1, 2022; LL No. 1, 2021, § 1)

17.40.030 - Accessory use requirements—General restrictions.

A.

An accessory building containing an accessory use shall comply with the requirements of Section 17.40.020.

B.

An accessory use not involving a structure is prohibited in a front yard except as provided in an approved site plan.

(LL No. 1, 2021, § 1)

17.40.040 - Special design.

A detached garage or carport as part of a building group may be permitted in a front yard on a lot containing the building group in accordance with an approved site plan.

(LL No. 1, 2021, § 1)