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.
(6) 
Signs in accordance with Article IV.
(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.
(6) 
Certain commercial uses of farm buildings and private garages, subject to the requirements of § 130-35 of this chapter.
(7) 
Golf courses, subject to the requirements of § 130-35 of this chapter.
(8) 
Use of vintage barn(s) as special event venue subject to the requirements of § 130-35 of this chapter.
[Added 9-24-2015 by L.L. No. 2-2015]
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.
F. 
Off-street parking requirements shall be as required in Article VII 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.
(8) 
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.
(9) 
Planned unit development subject to the requirements of § 130-17.
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.
D. 
Uses allowed with a special use permit:
(1) 
Public utility uses which do not include office buildings or maintenance and storage yards.
(2) 
Bed-and-breakfast inns.
(3) 
Cemeteries.
E. 
Bulk and area requirements shall be as required in Schedule A of this chapter.
F. 
Off-street parking requirements shall be as required in Article VII 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.
(9) 
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.
(10) 
Planned unit developments subject to the requirements of § 130-17.
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) 
Signs in accordance with Article IV.
(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.
D. 
Uses allowed with a special use permit:
(1) 
Public utility uses which do not include office buildings or maintenance and storage yards.
(2) 
Boardinghouses, rooming houses, transient homes and bed-and-breakfast inns.
E. 
Bulk and area requirements shall be as required in Schedule A of this chapter.
F. 
Off-street parking requirements shall be as required in Article VII 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.
(3) 
Apartments and townhouses subject to the requirements of § 130-14G.
(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.
(8) 
Nursing and retirement homes and special placement residences subject to all requirements of § 130-30 of this chapter.
(9) 
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.
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) 
Signs in accordance with Article IV.
(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.
D. 
Uses allowed with a special use permit:
(1) 
Public utility uses which do not include office buildings or maintenance and storage yards.
(2) 
Planned unit developments subject to the requirements of § 130-17.
E. 
Bulk and area requirements shall be as required in Schedule A of this chapter.
F. 
Off-street parking requirements shall be as is required in Article VII 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:
(a) 
Barber- and beauty shops.
(b) 
Shoe repair shops.
(c) 
Tailor shops, dry-cleaning pickup stations, and self-service laundries.
(d) 
Business and professional offices, banks and financial institutions.
(e) 
Funeral homes.
(f) 
Establishments servicing goods such as those permitted under Subsection B(1) of this section.
(3) 
Other business uses which are determined by the Planning Board to be of similar nature, purpose and scale as those permitted above.
C. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(2) 
Dwelling units, accessory to the principal business use, provided that said units:
(a) 
Are located in the principal building.
(b) 
Comply with the area and yard requirements of the R-3 District, except side yard requirements which shall be waived when the dwelling unit is above the first floor and the first floor is used commercially.
D. 
Uses allowed with a special use permit:
(1) 
Public utility uses, except maintenance and storage yards.
(2) 
Sales and service of farm equipment, construction equipment, automobiles and mobile homes.
(3) 
Motor vehicle service stations, subject to the requirements of § 130-35.
E. 
Bulk and area requirements shall be as required in Schedule A of this chapter.
F. 
Parking requirements shall be as required in Article VII 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. 
Special definitions. For purposes of this district, the following definitions shall apply:
PROPRIETARY HEALTH CARE
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:
(a) 
There shall be no outdoor entertainment.
(b) 
All structures and uses are contained within the setbacks.
(c) 
Total outdoor seating is limited to 24 seats.
(d) 
There shall be seats provided for each customer.
(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.
G. 
Off-street parking and loading requirements shall be as required in Article VII 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):
(a) 
Grant tentative approval of the planned unit development as submitted;
(b) 
Grant tentative approval of the planned unit development subject to specified written conditions imposed by the Town Board; or
(c) 
Deny tentative approval of the proposal.
[1]
Editor's Note: See Article X of this chapter as to modification of this section in its application to the Town of Avon.
(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.
(11) 
Conformance with other specific recommendations of the Town Board which may have been required in the Town Board's examination of the proposed sketch plan, under Subsection E(3) of this section.
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:
[1] 
Treat said notification as a denial of final approval;
[2] 
Refile his plan in a form which is in substantial compliance with the plan as tentatively approved; or
[3] 
File a written request with the governing body that it hold a public hearing on application for final approval.
(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.
(1) 
The Town of Avon Design Criteria and Construction Specifications for land development are adopted herein by reference,[1] and shall establish the standard for project design and construction, as appropriate.
[1]
Editor's Note: See Ch. 48, Design and Construction 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):
(a) 
Grant tentative approval of the concept plan as submitted;
(b) 
Grant tentative approval of the concept plan subject to specified written conditions imposed by the Town Board; or
(c) 
Deny tentative approval of the proposal.
(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.
E. 
Off-street parking and loading requirements shall be as required in Article VII of this chapter.
F. 
Additional provisions and requirements.
(1) 
Access points to public highways shall be minimized and spaced no closer together than 350 feet.
(2) 
Trash receptacles shall be placed at the rear or side of the building and hidden from view by use of a fence, berm or hedge.
[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. 
Special definitions. For purposes of this district, the following definitions shall apply:
MAJOR HOME OCCUPATION
Any home occupation not classified as minor.
MINOR HOME OCCUPATION
The combined use of property or structures for residential use and business use which has the following characteristics:
(1) 
Occupants of the principal dwelling must operate the on-premises business;
(2) 
The business use is subordinate to the use of the principal dwelling unit located on the premises;
(3) 
There are no other home occupations conducted on the premises;
(4) 
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;
(5) 
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.
(a) 
Retail stores limited to the sale of:
[1] 
Antiques.
[2] 
Art objects.
[3] 
Art and craft supplies.
[4] 
Books and stationery.
[5] 
Clothing.
[6] 
Decorative accessories.
[7] 
Flowers and plants.
[8] 
Handcrafts.
[9] 
Jewelry.
[10] 
Bicycle sales, repair and rental.
[11] 
Baked goods.
(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) 
Specialized service shops.
(a) 
Specialized service shops limited to:
[1] 
Barbershops.
[2] 
Beauty shops.
[3] 
Dressmaker.
[4] 
Picture framer.
[5] 
Photographer.
[6] 
Baker.
[7] 
Tailor.
[8] 
Computer repair shops.
(b) 
Specialized services similar in character to the foregoing as may be determined by applications to the Planning Board.
(8) 
Professional offices:
(a) 
Professional offices limited to:
[1] 
Accounting.
[2] 
Law.
[3] 
Real estate.
[4] 
Financial planning.
(b) 
Professional offices similar in character to the foregoing as may be determined by application to the Planning Board.
(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.