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Big Flats City Zoning Code

CHAPTER 17

12 - DISTRICT USE REQUIREMENTS

17.12.010 - Use requirement table.

The use requirement table for uses permitted in each district is as follows:

RU R1 R2 TC TC2 TCR BN BN2 BNR BR ABD CL I C **
Residential—As Principal Use
Alternative dwelling park S
Assisted living facility S S S S S
Boarding house S
Convalescent home S S S S
Dwelling, multi-unit S S S S S X X
Dwelling, one-unit P P P P P P P S
Dwelling, two-unit P S S S S S S
Dwelling with a business S S
Nursing home S S S S
Seasonal dwelling or hunting cabin P
Short-term rental S S S S
Tiny home P
General—As Principal Use
Airport or heliport X S
Club, membership S S S S S
Club, rod and gun S
Cultural, museum, library, or art center S S S S S S S
Day care center or nursery school S S S S S S S S S S
Government P P P P P P P P P P P P P
Place of worship S S S S S S S S S S S S
Private school S S S S S S S S
Public utility building,
e.g. electric, switch or pump station
S S S S S S S S S S S S S
Recreation, High-impact X X X X X X X X
Recreation, Low-impact S S S S S S S S S S X S S
Wind energy conversion system X X
Business—As Principal Use
Adult use X X
Agricultural animal * S S
Agricultural plant * S S S S S
Agri-business * S
Antenna S S S S S S S S S S S
Antique and craft shop S S S S S S
Art gallery S S S S S
Auction facility, farm S S
Auction facility, non farm S X X X X
Bakery S S S S S S S S
Bank, financial institution S S S S S S
Bar or night club S S
Body modification facility S S
Car wash S S 4 S S
Catering facility or service X X S S S S S
Convenience mart X S S S X
Crematory S
Dry cleaning, off-site S S S S
Dry cleaning, on site S S
Factory farm S
Farm market S S S S S S S S
Feedlot X
Fitness center, health club,
or gymnasium
S S S S S S S S
Flea market X X X X
Funeral service S S S S S
Food truck S S S S S S
Health care clinic S S S S S S
Hotel/motel or conference center X X
Ice cream parlor S S S S S S S S
Kennel S S
Laundry, self service S S S S S S S
Lawn and garden equipment sales
and service
S S S X S
Mall S
Mini storage S S S S S S S
Motor vehicle filling station X S S
Office, general business S S S S S S S S S
Office, professional S S S S S S S
Parking lot, commercial S S S S S
Personal service establishment S S S S S S
Pharmacy S S S S S
Photographic studio S S S S S
Plaza X S S S S
Printing and publishing S S S S
Restaurant, fast food X S S X S
Restaurant, standard S S S S S S S
Retail other than that listed in this table S
Retail, small scale S S S S S
Specialized repair S S S S S S
Stable, commercial S S S
Storage facility S S S S S S S
Theater, motion picture, drive-in X S
Theater, motion picture, single
or multiplex
X X X S S
Theater, stage S S S
Vehicle detailing X X X X X X
Vehicle maintenance facility X X X X X
Vehicle rental S S S S
Vehicle repair X X X X X X
Vehicle sales/lease X X X
Vehicle sales and/or repair,
heavy equipment
X X
Vehicle sales and/or repair, specialized X X X X X
Veterinary hospital S S S S S S
Wireless telecommunication facility S S 3 S 3 S 3 S S S S S
Industrial—As Principal Use
Extractive use, soil mining X
Fuel storage terminal X
Incineration services S S
Manufacture, fabrication, assembly
and other material handling
X S S S S S
Research facility S S S S S
Truck terminal X S S
Warehouse/distribution X S S
Warehouse/distribution, small scale S X S S S
Vehicle repair, vehicle sales
and vehicle storage
X

 

Accessory to a
principal use listed
in this table
RU R1 R2 TC TC2 TCR BN BN2 BNR BR ABD CL I C
Accessory use other than those listed below 5 P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S
Bed and breakfast S S S S
Cottage industry S S
Day care, family home P P P S
Day care, group family home P P P S
Food, drive-through use S S S S S
Nonfood, drive-through use S S S S S
Equipment storage area (residential) S S S S S S S
Equipment storage area (nonresidential) S S S S S S S S S S
Hobby farm P P
Home occupation P P P P P P P
Manufactured home, as temporary secondary dwelling on a lot with an existing one-unit dwelling as a principal use S S S S S
Roadside stand P P P P P P P P P P P P P S
Wind energy conversion system S S S S S S S S
Short-term rental X X X X
Solar energy system S S S S S S S S S S S S S S
Stable, private P P S

 

KEY:
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 non-retail
BR Business regional
ABD Airport business development
CL Commercial light industrial
I Industrial
C Conservation

 

Use designations:
P Permitted as of right.
S Permitted under site plan approval.
P/S Permitted as of right where associated with principal use that is permitted as of right or permitted under site plan
approval where associated with a principal use that is permitted under site plan approval.
X Permitted under site plan approval and upon grant of a special permit by the town board.
Blank Not permitted in district.
* Such agricultural uses proposed or existing in a certified agricultural district created in accordance with the applicable provisions of the NYS Agricultural and Markets Law shall be exempt from regulations under the provisions of this section as provided under Agricultural and Markets Law Section 305-a.
** Buildings are generally prohibited in the conservation district. However, restrooms and other facilities may be necessary to support desirable low-impact recreation and agricultural uses. Whenever possible, such buildings should be located outside of the C zone. When this is not feasible, small buildings are permitted in zone C on parcels larger than ten (10) acres, provided that the building is "a necessary appurtenance" of the recreational, agricultural, or open space use. Open pavilions are not considered buildings and are thus permitted. These considerations should be taken up by the planning board during the site plan review of the proposed use.
Filing, storage, and other encroachments on natural drainage and flood flows are prohibited in zone C.

 

NOTES:

1.

Accessory use accompanying this principal use excluding vehicle sales/lease.

2.

Only in SHRMRD.

3.

Wireless telecommunication facility is only permitted in this district when the antenna is constructed or installed on a building in compliance with the requirements of Section 17.36.180(D)(4).

4.

Permitted only with connection to public water supply as sole source of water.

5.

See Section 17.16.050(B) for dwelling units that may accessory to the principal use.

(LL No. 4, 2024; LL No. 2, 2024; LL No. 2, 2023; LL No. 1, 2023; LL No. 4, 2022; LL No. 1, 2022; LL No. 1, 2021, § 1)

17.12.020 - Activities prohibited in all districts.

A.

No effluent or matter of any kind shall be discharged into any watercourse or body of surface water which:

1.

Violates established watercourse requirements of the state department of environmental conservation or otherwise causes odors or fumes or which is poisonous or injurious to human, plant or animal life; or

2.

Causes an increase in projected flood heights.

B.

The practice of soil stripping shall be limited to incidental filling of areas within the town to bring them up to grade, except insofar as is necessary for typical agricultural practices or incidental to excavation for cellar and other structure.

C.

Unless conducted under proper and adequate requirements, no use shall be permitted which will produce corrosive, toxic or noxious fumes, gas, materials, glare, fire, explosion, electromagnetic disturbance, radiation, smoke, odors, dust, waste, noise, vibration, or other objectionable features so as to be detrimental to the public health, public safety, or general welfare.

D.

Dumping or storage of material in a manner that facilitates the breeding of vermin or endangers health in any way.

E.

No new development of a use requiring site plan approval shall occur or be allowed until such site plan approval has been granted, except that the planning board may authorize specific limited site preparation as that board finds necessary to facilitate its thorough site plan review upon which that board shall render a decision on the question of site plan approval. The CEO may give written authorization or permit for excavation specifically limited to performing environmental audit of land, testing of soils to determine any condition thereof and testing for potential, character, and volume of underground water to determine its quality.

(LL No. 1, 2021, § 1)

17.12.030 - Exceptions in all districts.

A.

Public Properties. Nothing in this title shall restrict construction or use in the exercise of governmental use of a governmental building or lot.

B.

Public Utilities. Nothing in this title shall restrict the construction or use, of underground or overhead distribution facilities of public utilities operating under the laws of the state. Other facilities may be constructed subject to a site plan approval.

(LL No. 1, 2021, § 1)