A.
Intent. It is the intent of the Agricultural District
to preserve agricultural use whenever possible in recognition of the
important economic, environmental and aesthetic contributions that
agriculture provides to the community. Due to the unique benefits
of agriculture, the uses and lot requirements in this district are
designed to encourage the continued use of the land for agricultural
production and related activities.
B.
Permitted principal uses shall be as follows:
(1)
Single-family dwellings.
(2)
Churches and other similar places of worship, including
parish houses and convents.
(3)
Municipal parks, playgrounds and recreation areas
deemed necessary and appropriate by the Town Board.
(4)
Professional offices and home occupation uses subject to the requirements of § 130-29 of this chapter.
(5)
Farms and related farming activities, provided that
no storage of manure or odor- or dust-producing substance shall be
permitted within 100 feet of an adjoining lot line.
(6)
Public buildings, libraries, museums and public and
nonprofit private schools accredited by the State Education Department.
(7)
Cluster residential developments subject to all requirements of New York State Town Law and Chapter 113, Subdivision of Land, of the Code of the Town of Avon.
(8)
Nursing and retirement homes and special placement residences subject to all requirements of § 130-30 of this chapter.
(9)
Seasonal roadside stands may be erected and used for
the sale of agricultural products, some portion of which is produced
on the premises. Such stands shall be located no closer than 25 feet
to the street line, and there shall be provision to eliminate traffic
hazards. Such stands shall be clearly incidental to the principal
use of the property and shall be in place for no more than six months
of the year.
C.
Permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products
or equipment located on the same parcel as the principal use.
(7)
Maximum land coverage by all accessory buildings allowable
in the Agricultural (A) District is 1%. Additionally, no accessory
building may exceed 1,200 square feet of floor area, except on farms.
[Amended 6-9-2011 by L.L. No. 1-2011]
(8)
No
accessory building shall be permitted unless such accessory building
will be subordinate or incidental to an existing main building located
on the same lot.
[Added 6-9-2011 by L.L. No. 1-2011]
D.
Uses allowed with a special use permit:
(1)
Public utility uses.
(2)
Camping grounds.
(3)
Bed-and-breakfast inns.
(4)
Excavation operations on lots or property that is entirely located within the Excavation Operations Overlay Zone, as created and defined by Article XVII, § 130-103, subject to site plan review and approval by the Planning Board (pursuant to Article IX, § 130-45E) and issuance of a special use permit upon approval of the Zoning Board of Appeals (pursuant to Article IX, § 130-45B and Article VI, § 130-35B(1) and B(4)(e) and subject to those requirements of Article XVII.
[Amended 6-23-2022 by L.L. No. 4-2022]
(5)
Mobile home parks.
E.
Bulk and area requirements shall be as required in
Schedule A of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
A.
Intent. The intent of this chapter is to provide areas
within the Town for low-density single-family development at a maximum
density of approximately two units per acre. This district also provides
for other specified uses which are compatible with the quiet enjoyment
of the residences permitted throughout the district.
B.
Permitted principal uses shall be as follows:
(1)
Single-family dwellings.
(2)
Churches and other similar places of worship, including
parish houses and convents.
(3)
Municipal parks, playgrounds and recreation areas
deemed necessary and appropriate by the Town Board.
(4)
Professional offices and home occupation uses subject to the requirements of § 130-29 of this chapter.
(5)
Farms and related farming activities, provided that
no storage of manure or odor- or dust-producing substance shall be
permitted within 100 feet of an adjoining lot line.
(6)
Public buildings, libraries, museums and public and
private schools accredited by the State Education Department.
(7)
Nursing and retirement homes and special placement residences subject to all requirements of § 130-30 of this chapter.
C.
Permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products
or equipment located on the same parcel as the principal use.
(6)
Maximum land coverage by all accessory buildings allowable
in the R-1 District is 3%. Additionally, no accessory building may
exceed 600 square feet of floor area except on farms.
E.
Bulk and area requirements shall be as required in
Schedule A of this chapter.
A.
The intent of this chapter is to provide areas within
the Town for single- and two-family homes at a somewhat greater density
than allowed in R-1 Districts. The primary use of this district is
meant to be residential in nature; however, certain other uses are
allowed which are intended to not conflict with the enjoyment of private
residences.
B.
Permitted principal uses shall be as follows:
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Churches and other similar places of worship, including
parish houses and convents.
(4)
Municipal parks, playgrounds and recreation areas
deemed necessary and appropriate by the Town Board.
(5)
Professional offices and home occupation uses subject to the requirements of § 130-29 of this chapter.
(6)
Farms and related farming activities, provided that
no storage of manure or odor- or dust-producing substance shall be
permitted within 100 feet of an adjoining lot line.
(7)
Public buildings, libraries, museums and public and
private schools accredited by the State Education Department.
(8)
Nursing and retirement homes and special placement residences subject to all requirements of § 130-30 of this chapter.
C.
Permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products
or equipment located on the same parcel as the principal use.
(7)
Maximum land coverage by all accessory buildings allowable
in the R-2 District is 3%. Additionally, no accessory building may
exceed 600 square feet of floor area except on farms.
E.
Bulk and area requirements shall be as required in
Schedule A of this chapter.
A.
Intent. The intent of this chapter is to provide areas
within the Town of Avon which will accommodate apartment and townhouse
developments thereby offering a wider choice of residential opportunities
to residents. The intent is to achieve an overall density not likely
to create traffic loads or public utility demands substantially in
excess of R-1 and R-2 Districts.
B.
Permitted principal uses shall be as follows:
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(4)
Churches and other similar places of worship, including
parish houses and convents.
(5)
Municipal parks, playgrounds and recreation areas
deemed necessary and appropriate by the Town Board.
(6)
Professional offices and home occupation uses subject to the requirements of § 130-29 of this chapter.
(7)
Public buildings, libraries, museums and public and
private schools accredited by the State Education Department.
C.
Permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(6)
Maximum land coverage by all accessory buildings allowable
in the R-3 District is 3%. Additionally no accessory building may
exceed 600 square feet of floor area.
E.
Bulk and area requirements shall be as required in
Schedule A of this chapter.
G.
Additional requirements for multifamily housing.
(1)
The minimum distance between buildings in a multifamily
development shall be 25 feet and no entrance to a building shall be
less than 50 feet from an entrance to another building.
(2)
No multifamily building shall be located on a lot
smaller than 25,000 square feet, and for each dwelling unit there
shall be 5,000 square feet of lot area.
(3)
Parking areas may be located in any yard other than
the required front yard but shall not be closer than 10 feet to any
property line.
(4)
Every multifamily building shall be separated from
roads, driveways and parking areas by at least 20 feet of lawn area.
(5)
All multifamily buildings shall be provided with refuse
storage areas which are located in the rear of the building and are
screened from view by masonry or solid fencing at least six feet high.
(6)
No exterior wall of a multifamily structure shall
continue in the same planes for a length of more than 75 feet without
an offset of at least four feet.
(7)
The entire area of a multifamily development not covered
by driveways, parking areas, walkways or buildings shall be attractively
landscaped and seeded and shall be properly maintained at all times.
(8)
Driveways for ingress and egress for multifamily developments
shall not be located within 200 feet of an existing street intersection.
(9)
Driveways and parking lot aisles in multifamily developments
shall be 24 feet in width for two-way traffic and 15 feet in width
for one-way traffic.
A.
Intent. It is the intent of this district to provide
areas which will accommodate small scale commercial uses for residents
within convenient traveling distance. The standards provided herein
are designed to assure the development of safe, convenient and attractive
shopping and service facilities.
B.
Permitted uses shall be as follows:
(1)
Retail business establishments which are clearly of
a community service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods
and other such food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores, luncheonettes
and confectionery stores.
(d)
Hardware, radio and television stores.
(e)
Clothing, accessory and jewelry stores.
(f)
Restaurants and drinking places.
(g)
Automotive supply stores.
(2)
Personal service establishments which are clearly
of a community service character, such as but not limited to the following:
(3)
Other business uses which are determined by the Planning
Board to be of similar nature, purpose and scale as those permitted
above.
C.
E.
Bulk and area requirements shall be as required in
Schedule A of this chapter.
[Added 6-14-2007 by L.L. No. 3-2007]
A.
Intent. It is the intent of this district to recognize
the unique qualities and character of hamlet areas and enhance their
long-established and historic community values. It is the intent of
the Hamlet Commercial District to implement the recommendations of
the Routes 5 and 20 Land Use and Access Management Plan and the Joint
Town and Village of Avon Comprehensive Plan by providing opportunities
for reasoned and compatible redevelopment/expansion of existing businesses
and to allow flexibility in development options. Furthermore, it is
the intent of this district to encourage the combination and redevelopment
of small lots into larger, more attractive development sites, and
to transition the intensity of development from predominantly commercial
and industrial areas to residential and agricultural areas.
B.
PROPRIETARY HEALTH CARE
Special definitions. For purposes of this district,
the following definitions shall apply:
Professionally managed and operated residential health care
facility charging a fee for services.
C.
Permitted principal uses shall be as follows:
(1)
All uses permitted or permitted by special use
in the RH-M District and associated accessory uses subject to provisions
therein.
(2)
Retail grocery stores.
(3)
Retail liquor stores.
(4)
Restaurants, coffee shops or similar places
principally serving food for inside consumption.
(5)
Professional and medical offices.
(6)
Landscaping and garden sales.
(7)
Laundromat.
(8)
Sale of new and used furniture.
(9)
Uses similar in character to the foregoing as
may be determined by application to the Planning Board.
D.
Permitted accessory uses that are an integral part
of and used solely by a permitted use or special use and deemed appropriate
by the Planning Board or authorized official, whichever has the responsibility
to approve such use.
E.
Uses allowed by special use permit issued by the Planning
Board:
(1)
New and used motor vehicle sales, subject to § 130-35B(4)(i).
(2)
Uses such as flea markets where merchandise
is offered for sale and the majority of business transactions take
place outside enclosed structures.
(3)
Convenience store with self-service gasoline-dispensing
units.
(4)
Motor vehicle parts and repair.
(5)
Restaurants with outside dining.
(6)
Proprietary health care facilities.
(7)
Drugstore.
(8)
Commercial off-street parking lots and parking
garages.
(9)
Commercial (mini) storage facilities.
(10)
Uses with more than two delivery vehicles used
in the normal operation of the business.
(11)
Developments with two or more dissimilar uses
on the same property.
(12)
Uses similar in character to the foregoing as
may be determined by application to the Planning Board.
F.
Use limitations:
(1)
All principal and accessory uses shall be conducted
within completely enclosed structures, except for an outdoor eating
area associated with a restaurant, provided that:
(2)
No business establishment in any Hamlet Commercial
District shall be open to the public, except during the hours of 6:00
a.m. to 2:00 a.m. This limitation does not apply to full-service all-night
convenience stores, including those dispensing gasoline.
(3)
The front setback shall include an area at least
10 feet in depth along the highway or highways bordering the lot,
which shall be suitably landscaped and maintained by the owner.
(4)
An area may be designated by the Town Board
as a development area, where in their judgment or by landowner request
there is a need or desire for property to be developed to prevent
strip-type development, to produce more harmonious appearances and/or
to promote public safety by reducing access cuts to all public highways.
All development areas must have a minimum frontage on public highways
of 300 feet and a minimum size of two acres. Ownership need not be
in one owner, but owners of adjacent similarly zoned property may
apply jointly if their aggregate holdings meet these requirements
and agree to a coordinated development plan. Individual lots may be
used within a development area. Adjacent property owners will be required
to give mutual easements to allow vehicular traffic across their properties
to permit vehicles to get to limited points of access to and from
public highways. The Planning Board may modify these frontage and
area restrictions if the owner can show that such modification is
consistent with the intent of this section.
(a)
In a development area, the minimum width of
a lot shall be 80 feet and the minimum area 8,000 square feet.
(b)
Setbacks. The minimum front setback shall be 50 feet, the minimum side setback five feet on one side and 30 feet total of both sides and the minimum rear setback 30 feet, except as provided in Subsection H(4). Common and abutting wall buildings are encouraged, and in this case, the setbacks on the common line shall be waived.
(c)
Access. Access points to public highways shall
be minimized and spaced no closer together than 250 feet.
G.
Planning Board review. Prior approval of a site plan by the Planning Board is required before a building permit can be issued for new construction or for modifications or additions to existing structures within the (HCD) Hamlet Commercial District. The Planning Board shall consider the style and scale of the structure, its dominant architectural features, such as roof pitch and outline, porches, number and style of window and door openings, the color and texture of building materials in addition to the site plan review factors for consideration in § 130-45E(3)(d). The Planning Board shall require such plans and specifications, details of construction and samples of materials as it may deem necessary. Approval of plans shall be given only after the Planning Board has determined that the proposed construction, alteration or change will retain, to the maximum extent practicable, the scale and style of representative existing structures in the district. As part of this process, the Planning Board may require the modification of any and all activities that have become or are liable to be inconsistent with adopted Hamlet development objectives. The basis for decisions of the Planning Board under this section shall be documented in any resolutions passed by the Planning Board and reflected in the meeting minutes.
H.
Area and bulk requirements. The building height, lot
and yard dimension requirements shall be as follows:
(1)
Yard:
|
Yard
|
Setback for Principal
and Accessory Structures
(feet)
| ||
|---|---|---|---|
|
Front, from right-of-way
| |||
|
Arterial or collector
|
70
| ||
|
Local or internal
|
20
| ||
|
Side, abutting, nonresidential
|
15
| ||
|
Rear, abutting, nonresidential
|
15
| ||
|
Side and rear, abutting, residential
|
30
| ||
(2)
Maximum overall building height is not to exceed
35 feet or two stories.
(3)
Lot coverage. To determine whether an existing
use is conforming, the permitted lot coverage, including structures,
parking areas and other impervious surfaces shall not occupy more
than 75% of the total lot area. There shall be no specific lot coverage
requirements for uses that receive site plan approval by the Planning
Board. The intent of the district is to encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land and to facilitate the adequate and economic use of streets,
utilities and parking areas. The Planning Board shall determine the
lot coverage on a case-by-case basis. In cases where shared or parking
available to the general public is proposed, greater lot coverage
will be encouraged and less green space or landscaped areas required.
In cases where shared or parking available to the general public is
not proposed, less lot coverage and additional landscaping may be
required.
(4)
Notwithstanding any provisions contained in
this zoning law to the contrary, the Planning Board shall have the
power to modify applicable provisions of this section with regard
to setbacks for the purpose of enabling and encouraging flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land and to facilitate the adequate and economic
use of streets and utilities.
(5)
As a guideline, structures should be erected
having no more than 2,500 square feet of first floor area (building
"footprint"). Notwithstanding the foregoing language, this guideline
shall be flexible and the Planning Board, in its discretion, shall
have the power to modify the square footage to ensure that new development
and/or renovations are scaled to the site, the adjacent properties
and to the properties within the hamlet.
I.
Parking, landscaping, buffering, signing and other
special provisions shall be established per other sections of this
chapter and constructed in accord with the design criteria and construction
specifications of the Town of Avon.
J.
Off-street parking and access. This subsection shall supplement, and where in conflict, replace requirements for off-street parking in § 130-37.
(1)
Adjoining properties may combine off-street parking areas as provided in § 130-37E. The Town Attorney must approve legal cross-easement and maintenance agreements.
(2)
Access points to public highways shall be spaced
no closer than 150 feet (edge to edge).
(3)
Each parking area, except one servicing only
a one- or two-family dwelling, shall be provided with a turnaround
so as to permit cars to exit without backing onto a public street
or sidewalk.
(4)
Parking areas shall not be located and the parking
of vehicles shall not be permitted in a front yard. No parking area
shall be located closer than 10 feet to a public street.
(5)
Any lighting used to illuminate off-street parking
shall comply with dark sky standards and be so arranged as to prevent
direct glare of beams of light onto any adjoining property or street.
(6)
Only passenger cars (and other personal transportation
vehicles), pickup trucks, and panel trucks may be parked on open driveways.
All other vehicles must be screened or parked inside an enclosed garage.
(7)
Two off-street parking spaces shall be provided
for each single-family dwelling. All other residential uses shall
provide 1 1/2 off-street parking spaces per dwelling unit.
(8)
Each parking area for four or more vehicles
shall be shielded by a compact evergreen hedge having an initial height
of four feet and maintained at six feet or a solid fence six feet
in height, so as to minimize the visual impact of said area from public
roadways and residential properties. Said buffering or landscaping
shall not restrict sight lines at intersections or the clear viewing
triangle at entrances to public streets.
(9)
One-half of the required number of parking spaces,
except for one- and two-family dwellings, may be provided in approved
public parking areas within 1,000 feet of the primary structure.
(10)
Sharing of access and off-street parking area,
including the elimination or consolidation of curb cuts and controlled
linkages between existing and proposed off-street parking areas, are
priority objectives for land use along county and state roadways.
The joint use or sharing of ancillary site features, including but
not limited to off-street parking, loading, access, lighting, landscaping
and signage are encouraged within hamlet areas. The Planning Board
shall evaluate the potential for joint or shared use of such facilities
in all development actions. The Town Attorney, as a condition of development
authorization, shall review and approve joint use and maintenance
agreements for facilities or access thereto by two or more owners.
(11)
Shared access shall be encouraged or provided
either by:
(a)
One common driveway serving two or more sites
having sufficient width for two vehicles to safely pass; or,
(b)
Two common driveways with alternate one-way
traffic flows to and from a public street.
(c)
Shared access shall also be reviewed on an individual
basis to determine the feasibility of providing access from/across
adjacent properties or new public/private rights-of-way.
(12)
Applicants that propose shared access or joint
use of off-site parking or loading areas shall submit a pedestrian
circulation plan as part of the application for approval. The Planning
Board shall review the pedestrian circulation plan for adequacy of
design, pedestrian safety and convenience. Site plan/special use permit
approval may be conditioned on the modification of any deficiencies
in the pedestrian circulation plan that may be noted by the Planning
Board.
A.
Intent. The purpose of the Light Industrial District
is to provide areas which may accommodate certain nonnuisance industrial
uses as well as to provide local employment opportunities. This district
is suitable for areas with adequate utilities, proximity to adequate
transportation facilities and proper relationship to other land uses
and natural features. Industrial uses should have characteristics
which are compatible with the rural character of the Town and should
be appropriately sited, such as in industrial parks, when possible.
Industrial uses may include those in manufacturing and production
utilizing previously prepared materials but not those utilizing raw
materials or any other process or activity which would result in or
cause dissemination of excessive amounts of dust, smoke, gas, fumes,
odors, noise, glare, vibration or any other nuisance to adjacent buildings
or land. This district specifically excludes residences, due to the
potential for conflicts between land uses.
B.
Permitted principal uses. All permitted uses are subject
to the Occupational Safety and Health Act[1] and the New York State Fire Prevention and Building Code.
The following uses are indicative of those which are intended to be
permitted:
(1)
Manufacture of machinery, such as but not limited
to: small machine parts, office and household machinery, tool and
die products, etc.
(2)
Fabrication of metal products, such as but not limited
to: metal foil, sheet metal products, household furnishings, etc.
(3)
Fabrication of paper products, such as but not limited
to: packaging material, office and household supplies, stationery,
toys, etc.
(4)
Fabrication of wood and wood and metal products, such
as but not limited to: boats, boxes, homes, cabinets and woodworking,
furniture and toys, etc.
(5)
Food and associated industries, such as but not limited
to: bakeries, bottling of food and beverages, food and cereal mixing
and milling, food processing, food sundry manufacturing, etc.
(6)
The manufacturing and processing of pharmaceutical
and cosmetic products.
(7)
The manufacturing and processing of plastics and chemical
products.
(8)
Office buildings for executive, engineering and administrative
purposes.
(9)
Scientific or research laboratories devoted to research,
design and/or experimentation and processing and fabricating incidental
thereto.
(10)
The warehousing or storage of goods and products
such as building materials, farm supplies and the like, which may
be sold from the premises to the general public. The bulk storage
of fuel for resale is specifically excluded from the intent of the
above.
(11)
Self-storage facilities.
[Added 8-12-2021 by L.L. No. 1-2021]
[1]
Editor's Note: See §§ 27 and
27-a of the Labor Law.
C.
Uses allowed with a special use permit. Uses similar
in character but not specifically listed as permitted in the Light
Industrial District must apply to the Zoning Board of Appeals for
a special use permit. Such permit shall be granted upon a finding
by the Zoning Board of Appeals that said use is of the same general
character of the above-permitted uses and is in accordance with the
stated purpose of this district.
D.
Permitted accessory uses shall be private garages
and storage buildings which are necessary to store vehicles, equipment
or materials on the premises.
E.
Prohibited uses shall be as follows:
(1)
Manufacturing of explosives, acetylene, gas, oxygen,
plaster, disinfectants, insecticides, asphalt, soap, ammonia, bleaching
powder, cement, lime, acid, tallow, grease, oils, glue, fertilizer
or chemicals emitting corrosive or toxic fumes.
(2)
Any land use, process or activity which would result
in or cause dissemination of excessive amounts of dust, smoke, gas,
fumes, odors, noise, glare or vibration or any other nuisance to adjacent
buildings or land.
(3)
Processing, storage or disposal of hazardous wastes
or of coal, coke and fuel oils.
(4)
Fabrication methods using explosive forming shall
not be allowed.
F.
Bulk and area requirements shall be as per the requirements
of Schedule A of this chapter.
H.
Other provisions and requirements.
(1)
Each use established in this zone shall set aside
a minimum of 15% of the tract for seeding and landscaping and use
this area for no other purpose.
(2)
All industrial processes shall take place within an
enclosed building. Incidental storage of materials out-of-doors shall
be permitted. Incidental storage out-of-doors shall be shielded from
view from public streets, adjacent off-street parking areas and neighboring
properties by fencing, landscaping, earth berms or other appropriate
measures.
(3)
Industrial uses shall be located so as to be a minimum
of 50 feet from any property line abutting a nonindustrial district.
This fifty-foot buffer strip shall be perpetually maintained with
plant material to provide a visual screen between the industrial use
and the adjoining nonindustrial use.
The intent of the planned unit development provision
is to provide a greater degree of flexibility for the development
of large tracts of land proposed for development under a single or
corporate ownership, which proposes to provide residential, commercial
and industrial activities on the same parcel in a planned, controlled
environment. A planned unit development proposal may contain both
individual building sites and common property which are proposed for
development as an integrated mixed land use unit. Limited retail and
service commercial uses, closely related to the residential sections
of a proposed planned unit development, are encouraged to provide
a limited, daily convenience level of nearby shopping needs in a manner
blending area land uses into an aesthetically complementary whole,
within the framework of the Comprehensive Plan.
A.
Basic requirements. To implement the intent of the
planned unit development provision, the following objectives must
be met:
(1)
The proposed project area shall encompass a contiguous
minimum land area of 50 acres of the Town of Avon.
(2)
In no case shall there be less than 20% of the total
land area in common open space. All such land area proposed for common
open space shall be offered for dedication to the Town Board of the
Town of Avon.
(3)
Commercial activities shall be planned and constructed
in a manner architecturally similar and complimentary to the residential
units within the proposed development.
(4)
The requirements relating to density, minimum lot
area, minimum lot width, minimum side and rear yard areas, and maximum
lot coverage shall be as specified in the final plan. All other requirements
of this chapter shall be adhered to.
[Amended 9-7-2001 by L.L. No. 1-2001]
B.
Application procedure. In order to provide for an
expeditious method of processing a proposed planned unit development
application, the application, in the form of a letter of intent and
an accurate preliminary plan drawn to scale, shall be provided in
triplicate to the Town Board. The Town Board, upon receipt of the
proposal shall send one copy to the Town of Avon Planning Board for
review and recommendation. All planning, zoning and subdivision matters
relating to the platting, use and development of the proposed plan
shall be determined and established by the Town Board after recommendation
to the Town Board by the Town Planning Board.
C.
Information required. The application shall explain
and show the following information:
(1)
Location and extent of all proposed land use, including
open space.
(2)
All interior streets, roads, easements and their planned
public or private ownership, as well as all points of access and egress
from existing public rights-of-way.
(3)
Specific delineation of all uses, indicating the number
of residential units and the density of each residential housing type
as well as the overall project density.
(4)
The overall water and sanitary sewer system with proposed
points of attachment to existing systems; the proposed stormwater
drainage system and its relation to existing systems; evidence of
preliminary discussion and approval of the New York State Department
of Health of the proposed sewer and water system on their recommended
modifications.
(5)
Description of the manner in which any areas that
are not to become publicly owned are to be maintained, including open
space, streets, lighting and others according to the proposals.
(6)
If the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed
per phase.
(7)
Evidence, as required by the reviewing boards, of
the applicant's ability to complete the proposed planned unit development.
(8)
A description of any covenants, grants of easement
or other restrictions proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(9)
A written statement by the landowner setting forth
the reasons why, in his opinion, the proposal would be in the public
interest and would be consistent with Town goals and objectives.
D.
Town Board hearing; tentative approval.
(1)
Within 60 days after receipt of the recommendations
of the Town Planning Board, the Town Board shall hold one or more
public hearings, as needed, public notice of which shall have been
given in accordance with § 264 of the Town Law,[1] to determine the advisability of the proposal. The Town
Board shall, within 45 days following the conclusion of the hearing(s):
(2)
In the event that tentative approval is granted, either
of the proposal as submitted or with conditions, the Town Board shall,
as part of its resolution, specify the drawings, specifications and
performance bond that shall be required to accompany an application
for final approval. The landowner shall, within 30 days, notify the
Town Board of his acceptance of or refusal to accept all specified
conditions. If the landowner refuses to accept the conditions outlined,
the Town Board shall be deemed to have denied tentative approval.
If the landowner accepts, the proposal shall stand as granted.
(3)
Tentative approval shall not qualify a proposal for
recording nor authorize development or the issuance of building permits.
E.
Factors for consideration. The Planning Board's review
of a preliminary development plan shall include, but is not limited
to, the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings,
lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting visual and/or noise deterring buffers
between adjacent uses and adjoining lands.
(6)
In the case of multiple-family dwellings, the adequacy
of usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal
facilities.
(8)
Adequacy of structures, roadways and landscaping in
areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(9)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(10)
The relationship of the proposed land uses to
adjacent land uses and the use of buffer areas and open space to provide
a harmonious blending of existing and proposed uses.
F.
Procedures for final approval.
(1)
Application for final approval. An application for
final approval may be for all the land included in a plan or, to the
extent set forth in the tentative approval, for a section thereof.
Said application shall be made to the Town Board of the Town of Avon
official of the governing body and to the Town Planning Board and
within the time or times specified by the resolution granting tentative
approval. The application shall include such drawings, specifications,
covenants, easements, conditions and form of performance bond as were
set forth by written resolution of the governing body at the time
of tentative approval. A public hearing on an application for final
approval of the plan, or part thereof, shall be required, unless the
plan or the part thereof submitted for final approval is, in the judgment
of the Town Board, in substantial compliance with the plan theretofore
given tentative approval.
(2)
In the event that a public hearing is not required
for final approval and the application for final approval has been
filed, together with all drawings, specifications and other documents
in support thereof and as required by the resolution of tentative
approval, the Town Board shall, within 30 days of such filing and
after receipt of a report thereon by the Town Planning Board, grant
such plan final approval; provided, however, that, in the event that
the plan as submitted contains variations from the plan given tentative
approval but remains in substantial compliance with the plan as submitted
for tentative approval, the Town Board may, after a meeting with the
landowner, refuse to grant final approval and shall, within 30 days
from the filing of the application for final approval, so advise the
landowner in writing of said refusal, setting forth in said notice
the reasons why one or more of said variations are not in the public
interest. In the event of said refusal, the landowner may:
(a)
File his application for final approval without
the variations objected to by the Town Board on or before the last
day of the time within which he was authorized by the resolution granting
tentative approval to file for final approval or within 30 days from
the date he received notice of said refusal, whichever date shall
last occur; or
(b)
Treat the refusal as a denial of final approval
and so notify the Town Board.
(3)
Noncompliance of final plan.
(a)
In the event that the plan as submitted for
final approval is not in substantial compliance with the plan as given
tentative approval, the Town Board shall, within 30 days of the date
the application for final approval is filed, so notify the landowner
in writing, setting forth the particular ways in which the plan is
not in substantial compliance. The landowner may:
(b)
If the landowner shall elect either alternative from Subsection F(3)(a)[2] or [3] above, he may refile his plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which he was authorized by his resolution granting tentative approval to file for final approval or 30 days from the date he receives notice of said refusal, whichever date shall last occur. Any such public hearing shall be held within 30 days after request for the hearing is made by the landowner, and notice thereof shall be given and the hearings shall be conducted in the manner prescribed in Subdivision D of this section. Within 45 days after the conclusion of the hearing, the governing body shall by resolution either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this subsection, be in the form and contain the findings required for a resolution on an application for tentative approval set forth in Subsections B through D of this section.
(4)
Any plan or any part thereof which has been given
final approval by the governing body shall be so certified without
delay by the Town Clerk and shall be filed on record forthwith in
the office of the Livingston County Clerk before any development shall
take place in accordance therewith. Upon the filing of record of the
plan, the zoning and subdivision regulations otherwise applicable
to the land included in the plan shall cease to apply thereto. Pending
completion within five years of said planned unit development or of
that part thereof, as the case may be, that has been finally approved,
no modification of the provisions of said plan or part thereof, as
finally approved, shall be made nor shall it be impaired by act of
the Town of Avon, except with the consent of the landowner.
(5)
In the event that a plan or section thereof is given
final approval and thereafter the landowner shall abandon said plan
or the section thereof that has been finally approved and shall so
notify the governing body in writing or in the event that the landowner
shall fail to commence and carry out the planned unit development
within a reasonable period of time after final approval has been granted,
no further development shall take place on the property included in
the plan until after said property is resubdivided and is reclassified
in accordance with the applicable provisions of law.
G.
Review by county and regional planning agencies.
(1)
No section of the ordinance enacted under provisions
of this article shall become effective or the plan submitted under
this section be granted tentative or final approval until such tentative
or final plan has been referred for review and comment to the Livingston
County Planning Board, as prescribed herein.
(2)
Upon introduction of such ordinance or receipt of
application for tentative or final approval of such plan, a copy shall
be referred to the Livingston County Planning Board. The County Planning
Board shall, within 30 days of receipt of the copy of such tentative
or final plan, report its recommendations thereon to the Avon Town
Board. If the County Planning Board recommends modifications of a
plan so referred, the Town Board shall not act contrary to such recommendation
except after adoption of a resolution fully setting forth reasons
for such contrary action.
(3)
In its review, the Planning Board may consult with
the Town Engineer, architectural or planning consultants, and other
town and county officials, as well as with representatives of federal
and state agencies, including the Soil Conservation Service and the
New York Department of Conservation. The Planning Board may require
that the design of all structures be made by or under the direction
of a registered architect whose seal shall be affixed to the plans.
The Planning Board may also require such additional provisions and
conditions that appear necessary for the public health, safety and
general welfare.
H.
Changes in final plan after approval. No changes may
be made in the approved final plan during the construction of the
planned development except upon application to the appropriate agency
under the procedures provided below:
(1)
Minor changes in the location, siting and height,
length and width of buildings and structures may be authorized by
the Planning Board, if required by engineering or other circumstances
not foreseen at the time the final plan was approved. No change authorized
by this section may increase the cube of any building or structure
by more than 10%.
(2)
All other changes in use, any rearrangement of lots,
blocks and building tracts, any changes in the provision of common
open spaces and all other changes in the approved final plan must
be approved by the Town Board, under the procedures authorized by
this chapter for the amendment of the Zoning Map. No amendments may
be made in the approved final plan unless they are shown to be required
by changes in the development policy of the community.
A.
Intent.
(1)
The intent of this district is to permit the development
of land for commercial and industrial purposes where tracts of land
suitable in location, area and character for the uses and structures
proposed are to be planned and developed on a unified basis. Suitability
of land proposed for such development shall be determined by reference
to the Comprehensive Plan, other plans and official policies used
to guide development in the Town, and the existing and prospective
character of surrounding land uses. The application of a planned development
district shall result in development with certain advantages over
that which would be obtained under conventional zoning; provide a
development framework that obtains commercial and industrial business
activity that improves the economic development of the community;
result in the preservation and enhancement of the natural features
of the site; result in land uses and physical site arrangements which
are not contemplated under conventional zoning but which would further
the development goals of the Town; reduce improvement costs through
more efficient arrangement of varied land uses, buildings, circulation
systems and infrastructure; and result in the promotion of the general
health, safety and welfare of the Town.
(2)
Where planned development is deemed appropriate through
the rezoning of land to a planned development district by the Town
Board, the set of use and dimensional specifications elsewhere in
the zoning regulations are herein replaced by an approval process
in which an approved development plan becomes the basis for continuing
land use controls.
(3)
It is the intent of this section to allow planned
development districts based on three phases of review. The first step
involves a concept review by the Town Board and Planning Board, after
which the Town Board, following a public hearing, may grant tentative
approval of the project. The second step involves an application to
the Town Board for rezoning to a planned development district, based
upon agreed upon items and conditions in the tentative approval. The
second step proceeds as for zoning amendments generally. Rezoning
to a planned development district is conditional upon site plan approval
by the Planning Board, which is the third step in the development
of a planned development project.
B.
Basic requirements.
(1)
Minimum area. Under normal circumstances, the minimum
area required to qualify for a planned development district is 20
acres. Where the applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this section, the Town
Board may consider projects with less acreage.
(2)
The tract of land for a project shall be owned or
controlled either by a single person or a corporation or by a group
of individuals or corporations. An application must be filed by the
owner or jointly by owners of all property included in the project.
All approved plans shall be binding on all successors in interest
of the applicants.
(3)
Physical character of the site. The site shall be
suitable for development in the manner proposed without hazards to
persons or property, on or off the site, from probability of flooding,
erosion, subsidence or slipping of the soil or other dangers, annoyances
or inconveniences. Condition of the soil, groundwater level, drainage
and topography and other factors shall all be appropriate to both
the kind and pattern of the intended use.
(4)
Permitted uses. All uses within an area designated
as a planned development district are determined by the provisions
of this section and the approved plan of the subject project.
(5)
Prohibited uses. Those uses specifically prohibited
in these regulations shall also be prohibited for this district.
C.
Design standards.
(2)
Tract perimeter standards. All dimensional requirements
of conventional zoning districts shall apply to the perimeter of planned
development projects, when said planned development project abuts
a conventional zoning district.
(3)
Buffers and screening. When a planned development
project involves proposed land uses which may be in conflict with
adjacent zoning districts and land uses, a fully landscaped buffer
100 feet in width must be provided along the full width of the adjacency.
This buffer shall be planted and perpetually maintained so as to visually
and audibly screen the incompatible activity from the adjacent district.
(4)
General site standards:
(a)
Maximum building coverage shall not exceed 35%
of the total site or parcel area.
(b)
Maximum coverage by all buildings, structures
and parking areas shall not exceed 70% of the total site or parcel
area.
(c)
Maximum building height shall be 35 feet.
(d)
Setbacks from public rights-of-way shall not
be less than 70 feet.
(e)
Standards for off-street parking, loading and
signs for planned development district uses shall be the same as those
for equivalent or similar uses in conventional zoning districts.
D.
Application procedure.
(1)
An application in the form of a letter of intent and
a concept plan shall be provided to the Town Board. Not fewer than
14 copies shall be provided for distribution and review. The Town
Board, upon receipt of an application, shall refer the application
to the Planning Board for review and recommendation. When required
by § 239-b et seq. of the General Municipal Law, the application
shall be forwarded to the County Planning Board for its review. The
Town Board and/or Planning Board may also refer the application to
the Town Engineer and Fire Commissioner as well as other local and
county officials, representatives of federal and state agencies and
consultants.
(2)
The concept (or sketch) plan shall be approximately
as indicated to scale, though it need not be to the precision of a
finished engineering drawing. The application shall explain and show
the following information:
(a)
Location and extent of all proposed land uses,
with areas in acres, as well as any proposed open space.
(b)
All interior streets, roads, easements and their
planned public or private ownership, as well as all points of access
and egress from existing public rights-of-way.
(c)
An area map showing the applicant's entire adjacent
holdings; that portion of the applicant's property under consideration;
all properties, subdivisions, streets, easements, watercourses and
other significant natural and built features within 500 feet of the
applicant's property; and all uses of abutting lands.
(d)
The area water and sanitary sewer systems with
proposed points of attachment to existing systems; the proposed stormwater
drainage system and its relation to existing systems.
(e)
Description of the manner in which any common
areas that are not to become publicly owned are to be maintained,
including open space, streets, lighting and other considerations relevant
to the proposal.
(f)
If the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed
per phase.
(g)
Evidence as required by the reviewing boards
of the applicant's ability to complete the proposed project.
(h)
A description of any covenants, grants of easement
or other restrictions proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(i)
A written statement by the landowner setting
forth the reasons why, in his opinion, the proposal would be in the
public interest and would be consistent with Town goals and objectives.
(3)
The Planning Board report and recommendation to the
Town Board shall include the following findings:
(a)
The suitability of the tract for the general
type of planned development proposed, the physical characteristics
of the land and relation of the proposed development to surrounding
areas and existing and probable future development.
(b)
The adequacy of major roads, utilities and other
facilities and services to serve the development.
(c)
The proposal is conceptually sound in that it
meets local and area-wide needs and it conforms to accepted design
principals in the proposed functional roadway and pedestrian system,
land use configuration, open space system, drainage system and the
scale of such elements both absolutely and to one another.
(d)
The proposal conforms to the Comprehensive Plan
or other plans or policies used to guide development in the Town.
E.
Town Board hearing/tentative approval.
(1)
Within 60 days after receipt of the recommendations
of the Town Planning Board, the Town Board shall hold one or more
public hearings on the concept plan to determine the advisability
of the proposal. The Town Board shall, within 45 days following the
conclusion of the hearing(s):
(2)
In the event that tentative approval is granted, either
of the proposal as submitted or with conditions, the Town Board shall,
as part of its resolution, specify the drawings, specifications and
performance bond that shall be required to accompany an application
for final approval. The landowner shall, within 30 days, notify the
Town Board of his acceptance of or refusal to accept all specified
conditions. If the landowner refuses to accept the conditions outlined,
the Town Board shall be deemed to have denied tentative approval.
If the landowner accepts, the proposal shall stand as granted.
(3)
Tentative approval shall not qualify a proposal for
recording nor authorize development or the issuance of building permits.
F.
Procedures for final approval.
(1)
Procedures for final approval shall be as for zoning
amendments generally. The application for final approval shall be
made to the Town Board within the time or times specified by the resolution
granting tentative approval. The application shall include such information,
drawings, specifications, covenants, easements and conditions as were
set forth by written resolution of the Town Board at the time of tentative
approval.
(2)
If the Town Board grants planned development districting,
the Zoning Map shall be so revised. The Town Board may, if it feels
it necessary in order to fully protect the public health, safety and
welfare of the community, attach to its zoning resolution any additional
conditions or requirements for the applicant to meet.
G.
Site plan approval.
(1)
The development of the planned development project
shall be conditional upon the applicant securing final site plan approval
as set forth elsewhere in these regulations.
(2)
If in the site plan approval process it becomes apparent
that certain elements of the application, as it had been approved
by the Town Board, are unfeasible and in need of modification, the
applicant shall present a proposed solution. The Planning Board shall
then determine whether or not the modified plan is still in keeping
with the intent of the zoning resolution. If a negative decision is
reached, the site plan shall be considered as disapproved. The applicant
may then, if he wishes, produce another site plan in conformance with
the Town Board approved application. If an affirmative decision is
reached, the Planning Board shall so notify the Town Board stating
all of the particulars of the matter and its reasons for recommending
the project be continued as modified. Site plan approval may then
be given only with consent of the Town Board.
(3)
Site plan review shall suffice for Planning Board review of subdivisions under Chapter 113, Subdivision of Land, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats as required by Chapter 113, Subdivision of Land, and suitable for filing with the Livingston County Clerk, in addition to other required drawings.
(b)
Final site plan approval shall constitute final subdivision approval for planned developments under Chapter 113, Subdivision of Land, and provisions of § 276 of the Town Law, requiring that the plat be filed with the Livingston County Clerk within 62 days of approval, shall apply.
[Amended 9-8-2005 by L.L. No. 3-2005]
H.
Regulation after initial construction and occupancy.
For the purpose of regulating development and use of planned development
district property after initial construction and occupancy, any changes
other than use changes shall be processed as a special permit request
to the Planning Board. Use changes shall also be in the form of a
request for special permit, except that the Town Board approval shall
be required. It shall be noted, however, that properties lying within
planned development districts are unique and shall be so considered
by the Planning Board or Town Board when evaluating these requests,
and maintenance of the intent and function of the planned development
shall be of primary importance. The Town Board or Planning Board in
evaluating special permit requests shall also find that:
(1)
The request is in harmony with the general purpose
and intent of these regulations, taking into account the location
and size of use, the nature and intensity of the operations involved
and the adequacy of public facilities needed to serve the project;
and
(2)
The granting of the special permit applied for will
not, under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working
in the vicinity, or be detrimental or injurious to the property and
improvements in the vicinity or to the general welfare of the Town.
I.
Expiration of time limits on planned development amendments.
(1)
If actions required in any amendment establishing
a PDD are not taken within any time limits set in connection with
such amendment, the Planning Board shall review the circumstances
and prepare a report specifying the circumstances and recommending
that:
(a)
PDD zoning for the entire area be continued
with revised time limits.
(b)
PDD zoning be continued for part of the area,
with or without revised time limits, and the remainder be rezoned
to an appropriate category.
(c)
The entire district be rezoned from PDD to an
appropriate district.
(d)
Other appropriate amendments be made or actions
taken.
(2)
Such recommendations shall include proposals for appropriate
action in respect to any legal instruments in the case. Such recommendations
shall be transmitted to the Town Board and processed in the same manner
as other proposals for amendment.
J.
Reimbursable expenses. No building permit or zoning
permit shall be issued pursuant to the provisions of this section
until all expenses incurred by the Town Board and/or Planning Board
for consultant fees or other extraordinary expense in connection with
the review of a planned development district are reimbursed by the
applicant to the Town.
A.
Intent. The purpose of the Restricted Business District
is to provide for areas for the location of professional and administrative
offices, service uses and related activities. The size of the district
may be large enough to accommodate several properly sited buildings
and improvements, such as in an office park. This district may act
as a buffer or transition area between residential areas and more
intensively used commercial and industrial districts.
B.
Permitted uses. The following uses and their customary
accessory uses are permitted in the Restricted Business District:
(1)
Administrative, professional or executive offices.
(2)
Medical and dental offices and clinics, excluding
those which offer overnight occupancy.
(3)
Regional or district offices of various types of companies,
such as insurance or financial companies.
(4)
Data processing and computer service centers, not
including retail sales.
(5)
Industrial and utility offices, excluding any manufacturing,
warehousing or storage.
(6)
Banks without drive-in or automatic teller services.
C.
Uses allowed with a special use permit. The following
uses and their customary accessory uses are permitted upon the issuance
of a special use permit by the Zoning Board:
(1)
Banks with drive-in or automatic teller services.
(2)
Pharmacies, when included in a medical building only.
(3)
Mortuaries or funeral homes.
(4)
Nursery or day-care centers.
(5)
Nursing care homes.
(6)
Uses similar in character but not specifically listed
as permitted in the Restricted Business District must apply to the
Zoning Board for a special use permit. Such permit shall be granted
upon a finding by the Zoning Board that said use is of the same general
character of the above permitted uses and is in accordance with the
stated purpose of this district.
D.
Area and bulk requirements shall be as required in
Schedule A of this chapter.
[Amended 10-13-2005 by L.L. No. 4-2005]
[Added 6-14-2007 by L.L. No. 3-2007]
A.
Intent. It is the intent of Hamlet districts to maintain
the unique historic qualities and characteristics of hamlet areas,
and to implement the recommendations of the Routes 5 and 20 Land Use
and Access Management Plan and the Joint Town and Village of Avon
Comprehensive Plan for these areas. It is the intent of the Hamlet
Mixed Use District (RH-M) to provide opportunities for creative mixed
uses of predominantly residential structures within the hamlet to
allow flexibility in development options, and to provide incentives
for maintenance and improvement of property. Furthermore, it is the
intent of this district to create transition areas between more intense
commercial and industrial uses surrounding the hamlet and commercial
use in the core areas of the hamlet and less intense residential and
agricultural uses.
B.
MAJOR HOME OCCUPATION
MINOR HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
Special definitions. For purposes of this district,
the following definitions shall apply:
Any home occupation not classified as minor.
The combined use of property or structures for residential
use and business use which has the following characteristics:
Occupants of the principal dwelling must operate
the on-premises business;
The business use is subordinate to the use of
the principal dwelling unit located on the premises;
There are no other home occupations conducted
on the premises;
The floor area devoted to or used for business
uses shall not exceed 50% of the total gross habitable ground area
of the principal dwelling unit, excluding any accessory building or
structure, or 750 square feet, whichever is less;
The business use shall not have any exterior
display or storage of goods, materials, equipment or inventory, or
require modifications to parking, lighting, ventilation, or similar
structural or site conditions.
C.
Principal uses shall be as follows:
(1)
One-family dwelling.
(2)
Two-family dwelling.
(3)
Churches and similar places of worship.
(4)
Municipal parks, playgrounds and recreation
areas.
(5)
Public buildings, libraries and museums.
(6)
Retail stores.
(b)
Retail stores similar in character to the foregoing
as may be determined by applications to the Planning Board.
(c)
For the purpose of this subsection, the following
are declared dissimilar and are specifically prohibited:
[1]
Grocery stores.
[2]
Liquor stores.
[3]
Automotive car sales, supply stores,
and repair shops.
[4]
Appliance stores.
[5]
Drugstores.
[6]
Hardware stores.
[7]
New construction and/or renovation
with more than two thousand five hundred (2,500) square feet of first
floor area (building "footprint").
(7)
(9)
Minor home occupations.
D.
Permitted accessory use shall be as follows:
(1)
Private garages and carports.
(2)
Noncommercial workshops as part of the principal
building or private garage.
(3)
Other normal residential secondary structures,
such as outdoor barbecues, fireplaces, trellises, lampposts, and swimming
pools for private use.
(4)
Television antennae.
(5)
Animal shelters for domestic pets of the household.
(6)
Uses that are an integral part of and used solely
by a permitted use or special use and deemed appropriate by the Planning
Board or authorized official with responsibility to approve such use.
E.
Uses allowed by special permit issued by the Planning
Board:
(1)
Bed-and-breakfast inns.
(2)
Restaurants.
(3)
Single-family dwelling conversions up to three
residential dwelling units.
(4)
Day-care centers accredited by the Department
of Health and Social Services.
(5)
Nonprofit schools accredited by the State Education
Department.
(6)
Major home occupations.
F.
Use limitations:
(1)
No structure originally designed for residential
use shall be altered or converted in whole or in part to a nonresidential
use permitted under this section prior to review and approval of plans
by the Planning Board.
(2)
No design or structural changes, additions or
extensions shall be made to the front of any such structure, except
as necessary to provide required means of ingress, egress, light and
ventilation prior to review and approval of plans by the Planning
Board.
(3)
Residential and nonresidential uses may be combined
in a structure, but no structure shall house more than three nonresidential
uses in addition to residential units.
(4)
All principal and accessory uses shall be conducted
within completely enclosed structures.
(5)
No business establishment shall be open to the
public, except during the hours of 6:00 a.m. to 11:00 p.m.
(6)
Minor home occupations shall conform to the requirements that differentiate them from major home occupations as listed in § 130-21.1B, and have no visible signs of uses or equipment which would not customarily be used by the occupants of the principal dwelling unit except for one conforming sign indicating the business use of the premises.
G.
Planning Board review. In any review of plans pursuant to Subsections C, D, and E of this section, the Planning Board shall consider the style and scale of the structure, its dominant architectural features, such as roof pitch and outline, porches, number and style of window and door openings, and the color and texture of building materials. The Planning Board shall require such plans and specifications, details of construction and samples of materials, as it may deem necessary. Approval of plans shall be given only after the Planning Board has determined that the proposed construction, alteration or change will retain, to the maximum extent practicable, the scale and style and treatment of residential structures within the district. As part of this process, the Planning Board may require the modification of any and all preexisting uses and improvements (structures, signs, parking areas, landscaping) that have become or are liable to be inconsistent with adopted Hamlet development objectives. The basis for decisions of the Planning Board under this section shall be documented in any resolutions passed by the Planning Board and reflected in the meeting minutes.
H.
Area and bulk requirements:
(1)
Minimum lot size: 6,000 square feet.
(2)
Except as noted above, the building height,
lot and yard dimension requirements shall be the same as for the residential
district closest to the property's size as specified in the Schedule
of Lot, Yard and Bulk Requirements.[1]
[1]
Editor's Note: Said Schedule is included at the end of this chapter.
(3)
Notwithstanding any provisions contained in
this zoning law to the contrary, the Planning Board shall have the
power to modify applicable provisions of this section for the purpose
of enabling and encouraging flexibility of design and development
of land in such a manner as to promote the most appropriate use of
land and to facilitate the adequate and economic use of streets and
utilities.
(4)
As a guideline, new structures should be erected
having no more than 2,500 square feet of first floor area (building
"footprint"). Notwithstanding the foregoing language, this guideline
shall be flexible, and the Planning Board, in its discretion, shall
have the power to modify the square footage to ensure that new development
and/or renovations are properly scaled to the site, the adjacent properties
and to other properties within the hamlet.
I.
Parking, landscaping, buffering, signing and other
special provisions shall be established per other sections of this
chapter and constructed in accord with the design criteria and construction
specifications of the Town of Avon. Exceptions:
(1)
Landscaping and buffering shall be specified
per Planning Board review of development applications. The Planning
Board may require trees and/or landscaping along the street frontage
to maintain or enhance the visual characteristics of the district
or in the rear or side yards to buffer/screen dissimilar uses.
(2)
Each owner and tenant of property required by
this section to provide and maintain fencing or hedging shall maintain
the same in a clean, trim, well-nourished or well-painted upright
condition.
J.
Off-street parking and access. This subsection shall supplement, and, where in conflict, replace requirements for off-street parking in § 130-37.
(1)
Adjoining properties may combine off-street parking areas as provided in § 130-37E. The Town Attorney must review and approve legal cross-easement and maintenance agreements.
(2)
Access points to public roadways shall be spaced
no closer than 150 feet (edge to edge).
(3)
Each parking area, except one servicing only
a one- or two-family dwelling, shall be provided with a turnaround
so as to permit cars to exit without backing onto a public street
or sidewalk.
(4)
Parking areas shall not be located and the parking
of vehicles shall not be permitted in a front yard. No parking area
shall be located closer than ten (10) feet to a public street.
(5)
Any lighting used to illuminate off-street parking
shall be so arranged as to prevent direct glare and shall be dark
sky compliant.
(6)
No display vehicle or trailer device for commercial
purposes shall remain in the District for longer than 24 consecutive
hours. Only passenger cars (and other personal transportation vehicles),
pickup trucks, and panel trucks may be parked on open driveways. All
other vehicles must be parked in the rear yard, and shall be screened
from adjoining properties.
(7)
Two off-street parking spaces shall be provided
for each single-family dwelling. All other residential uses shall
provide 1 1/2 off-street parking spaces per dwelling unit.
(8)
Each parking area for four or more vehicles
shall be shielded by a compact evergreen hedge having an initial height
of four feet and maintained at six feet or a solid fence six feet
in height, so as to minimize the visual impact of said area from all
directions.
(9)
One-half of the required number of parking spaces,
except for one- and two-family dwellings, may be provided in approved
public parking areas within 1,000 feet of the primary structure.
(10)
Sharing of access and off-street parking area,
including the elimination or consolidation of curb cuts and controlled
linkages between existing and proposed off-street parking areas, are
priority objectives for land use along county and state roadways.
The joint use or sharing of ancillary site features, including but
not limited to off-street parking, loading, access, lighting, landscaping
and signage are encouraged within hamlet areas. The Planning Board
shall evaluate the potential for joint or shared use of such facilities
in all development actions. The Town Attorney, as a condition of development
authorization, shall review and approve joint use agreements for facilities
or access thereto by two or more owners
(11)
Shared access shall be encouraged or provided
either by:
(a)
One common driveway serving two or more sites
having sufficient width for two vehicles to safely pass; or,
(b)
Two common driveways with alternate one-way
traffic flows to and from a public street.
(c)
Shared access shall also be reviewed on an individual
basis to determine the feasibility of providing access from/across
adjacent properties or new public/private rights-of-way.
(12)
Applicants that propose shared access or joint
use of off-site parking or loading areas shall submit a pedestrian
circulation plan as part of the application for approval. The Planning
Board shall review the pedestrian circulation plan for adequacy of
design, pedestrian safety and convenience. Site plan/special use permit
approval may be conditioned on the modification of any deficiencies
in the pedestrian circulation plan that may be noted by the Planning
Board.
