In order to fulfill the purpose of this zoning law, the law establishes the following districts:

RU - Rural.

R1 - Residential - moderate density.

R2 - Residential - high density.

TC - Town center.

TC2 - Town center 2.

TCR - Town center residential.

BN - Business neighborhood.

BN2 - Business neighborhood 2.

BNR - Business nonretail.

BR - Business regional.

ABD - Airport business development.

CL - Commercial or light industrial.

I - Industrial.

C - Conservation.

(LL No. 1, 2021, § 1)

The location and boundaries of the districts are established on a map designated "Zoning Map of the Town of Big Flats" which is kept on file and will be available for public viewing in the office of the town clerk, and such map is declared to be part of this zoning law.

(LL No. 1, 2021, § 1)

Where uncertainty exists with respect to the boundary of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

A.

Centerline and Right-of-Way Lines. Where district boundaries are indicated as approximately following the centerline or right-of-way lines of a road, public utility easement or watercourse, the boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a centerline or right-of-way of such road, public utility easement, or watercourse is moved not more than twenty (20) feet.

B.

Lot or Boundary Lines. Where district boundaries are indicated as approximately following the town boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.

C.

Where district boundaries are so indicated that they are approximately parallel to the town boundary line, property lines, lot lines, right-of-way lines or projections thereof, the boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the zoning map or as shall be determined by use of the scale shown on the zoning map.

D.

In the event of a questionable district boundary, the questionable boundary shall be referred to the zoning board of appeals, and they shall, to the best of their ability, establish the exact boundary.

E.

Precise district boundary determinations made by the zoning board of appeals in accordance with the above rules shall be considered final and conclusive and may only be altered by amendment of the zoning map by the town board.

F.

Lots Divided by District Lines. Where a lot is divided by a district boundary line, the requirement for each respective district shall apply except:

1.

In all cases where a lot in one ownership, other than a through lot, is divided by a district boundary so that fifty (50) percent or more of such lot lies in the less restricted district, the requirement prescribed for such less restricted district shall apply to the more restricted portion of the lot for a distance of thirty (30) feet from the district boundary. For purposes of this title, the more restricted district shall be deemed that district that prohibits a particular intended use of a lot or that sets a higher standard with respect to setback, coverage, yards, screening, landscaping and/or similar requirements.

2.

In all cases where a district boundary line is located not farther than fifteen (15) feet away from a lot line of record, the requirement applicable to the greater part of the lot shall apply to the entire lot.

G.

Buildings Divided by District Lines. Where a strict boundary line divides a building existing on the effective date of the local law codified in this title, so that fifty (50) percent or more of such building lies within the less restricted district, the requirement prescribed by this title for such less restricted district (as defined in subsection F of this section) shall apply to the entire building. Such provisions shall apply only if, and as long as, the building is in single ownership and its structural characteristics prevent its uses in conformity with the requirements of each district.

(LL No. 1, 2021, § 1)

A.

Rural (RU) Intent. This district delineates those existing substantially undeveloped areas of the town that exhibit a rural character due to the lack of public services to support development, such as road networks, water and sewer service, and where serious limitations to development such as steep slopes, bedrock exposed or at shallow depth, poor drainage soils, wetlands and other natural features which may restrict denser development; are significant factors. This district serves to conserve these areas for less intensive, low density residential use and, where appropriate in conformance with the natural and manmade limitations existing in these areas, for certain general and/or business uses characteristic of rural areas.

B.

Residential Moderate Density (R1) Intent. This district delineates those areas where predominantly one-unit dwellings are located, moderate density residential development has or is likely to occur, and it is necessary to protect the integrity of these residential areas by prohibiting the intrusion of any use that is not compatible with this predominant type and intensity of use exists.

C.

Residential High Density (R2) Intent. This district delineates the developed residential areas where predominantly one-unit dwellings within moderate to high density residential subdivisions has occurred and allow similar additional in-fill residential development to occur at the same density, while protecting the integrity of these residential areas by prohibiting the intrusion of any use that is not compatible with this predominant type and intensity of use

D.

Town Center (TC) Intent. This district establishes areas within the traditional hamlet where commercial uses are desired, either in combination with housing or as separate uses. It is the intent of the town to promote and preserve this area as a small community center where residential and commercial uses can co-exist through the use of district wide design guidelines and requirements to ensure the compatibility between uses and adjoining residential districts to preserve the unique character of the town center.

E.

Town Center 2 (TC2) Intent. The town center 2 zoning district is meant to serve as a service oriented area within the town center area. While some services associated with the town center zoning district will be allowed, additional uses similar to those already in the district will be allowed.

F.

Town Center Residential (TCR) Intent. This district consists of a section of the Big Flats hamlet that is primarily residential in nature. In this area, one-unit dwellings are the prevalent housing form. New residences to be constructed within the district should be compatible with the existing neighborhood areas. It is the intent of the town to preserve residential neighborhood housing and community facilities that are compatible with this housing type in the TCR district.

G.

Business Neighborhood (BN) Intent. This district establishes areas within the town where limited business development of a low-profile scale and character consistent with the adjoining residential use can occur. The town has determined that to be consistent with the adjacent residential use, such business development shall include uses that meet the following objectives:

1.

With the exception of regulated signs and parking areas, there shall be no major exterior accessory use or appurtenance.

2.

A building shall be designed to be at a scale consistent with the adjacent residential use; no more than two stories and of an individual size and mass that is consistent with the adjacent residential areas.

3.

The development shall not create noise, dust or other such conditions that would adversely impact on the adjacent residential use.

4.

The development shall be designed to serve the needs of residential neighborhoods of the town.

5.

Residential uses shall be allowed on the second floor of structures in the BN zoning district.

To meet these objectives, the town has located this business zoning designation on a primary road adjacent to existing residential area. The town finds that the introduction of numerous drive access points on a road may conflict with the safe and efficient movement of traffic. It is the town's intent to limit the number of curb cuts or drive accesses on roads.

H.

Business Neighborhood 2 (BN2) Intent. The purpose of this district is to delineate an area in the town that is very unique in relation to other areas of the town. The BN2 district abuts, extends along, and is accessible to Interstate 86, a four-lane limited access highway. The BN2 district is located along Daniel Zenker Drive, a primary, county maintained road that provides vehicle access to regional destinations such as the Elmira-Corning Regional Airport, the hamlet of Big Flats, and Airport Corporate Park. The BN2 zoning district also abuts the ABD zoning district located immediately to the east of Hibbard Road. The location of this district in the town and its proximity to, and direct access from, a limited access Interstate highway warrants a broader variety of permitted principal uses than those assigned to the town center and neighborhood mixed use areas. However, its proximity to residential uses also warrants the exclusion of certain principal uses that are currently permitted in the ABD and zoning districts in the town that abut Interstate 86. Additionally, businesses located in the BN2 zoning district are intended to be of a smaller scale than businesses in the BR zoning district. Therefore, this district is to accommodate certain principal uses that may be compatible with the surrounding residential neighborhoods to the west while recognizing the district's location in relation to the ABD district and Interstate 86.

I.

Business Non Retail (BNR) Intent. This district delineates that area that is either situated between the two primary road networks and active rail lines; is located in the major flight path for the Elmira-Corning Regional Airport; or is located to act as a buffer between incompatible types of use. Due to its location, these areas are not well suited to low density, single-unit dwelling residential development, and cannot support a more intensive business development due to the lack of adequate access and services. The town's intent in establishing this district is to provide for and accommodate certain low intensity, nonretail business use that, by their nature, will be compatible with the lack of services. The district may also support certain higher-density residential use outside of the direct airport flight paths and where some form of public water and sewer service can be provided. This district also encompasses certain prime agricultural lands that are currently in farming operations. It is the town's intent to preserve and support the continuation of these viable agricultural operations as permitted land use within this district, and to protect and preserve those natural features that exist, such as wetlands, ponds, and recreational opportunities.

J.

Business Regional (BR) Intent. This district delineates that area in the town that has, by the nature of the existing business development and availability of a large-scale transportation network, public water, and public sewer service; become a major regional business center. The extent of existing development, availability of services, substantial investment provided in service upgrades and the extent of vacant land leads the town to seek to preserve this area for additional major retail business development that is consistent with and supports existing development patterns. Additionally, the presence of access to transportation networks and existing utilities provides rationale for the encouragement of multi-unit residential development within the BR district. The town will ensure that the transportation network and other services will continue to accommodate additional major business development through establishing minimum requirements for all business uses that will include limiting the number of future access points to the road network and the careful consideration of the potential use of joint access drive and marginal access road, as appropriate.

K.

Airport Business Development (ABD) Intent. The town has the advantage of having the regional commercial airport located in its approximate center. This facility is an asset to both the town and county and should be preserved and protected from inappropriate or nonconforming types of land uses or land uses that would negatively affect the ability of the airport to fulfill its purpose. Accordingly, this district encompasses all of the airport property, much of the lands that are located within the flight and glide paths and other such adjoining lands that can either be impacted by or impact on the airport operation. The ABD district is provided with requirements to assure and establish the intended compatibility and intensity of development. This district also encompasses areas of prime agricultural soils that are currently being utilized for active agricultural operations. This agricultural use is also considered to be compatible with the airport use and district designation.

L.

Commercial Light Industrial (CL) Intent. This district delineates those areas of the town that by their location along and adjoining major primary roads that can support a range of business uses which cater to the essential traveler services, and to make provision for certain industrial use that by their nature require direct access to and support of such road network and/or that may be compatible with such uses.

M.

Industrial (I) Intent. This district delineates those areas in the town that are utilized for and appropriately suited for industrial use, and to preserve these areas for such use and related uses that will not create a detrimental or significant adverse impact on the environment and the welfare of the community. Areas of the town designated for adult uses are also located within the Industrial zoning district.

N.

Conservation (C) Intent. This district delineates those open, public-owned, agricultural and/or environmentally sensitive land and water areas of the town that because of their current use, critical relationship to the Chemung River, agricultural potential or extreme environmental sensitivity, should be preserved and utilized only for less intensive and carefully considered development that is compatible with the sensitive nature of such lands; and to ensure that the existing character, nature and benefits derived from such lands are preserved and retained.

It is the intent of this district to minimize losses due to flooding, protect natural areas that accommodate floodwaters, minimize the need for rescue and relief efforts associated with flooding, preserve the quality and quantity of groundwater resources, protect significant viewsheds, preserve significant wildlife habitat, enhance opportunities for outdoor recreation, and protect agricultural resources. This zone supports low intensity recreational and agricultural uses that do not require the construction of new buildings (except for small structures that are "necessary appurtenance" to the agricultural and recreational uses).

(LL No. 1, 2021, § 1)