Town of Avon, MA Use Regulations

§ 255-5.1 Effect of article.

Except as provided by this bylaw or in this bylaw, in each district no building, structure, or land shall be used or occupied except for the purposes permitted as set forth in the accompanying Table of Use Regulations, § 255-5.3.

§ 255-5.2 Interpretation of article.

A use listed in § 255-5.3 is permitted as of right in any district under which it is denoted by the letter "Y", subject to such requirements as may be specified elsewhere in this bylaw. If designated in the tables by the letters "SP", the use may be permitted only upon the issuance of a special permit by the special permit granting authority, as determined by reference to Article VII, and subject to such restrictions and conditions as may be attached to any such special permit. The letter "N" shall designate that the use is not permitted.

NOTE: The Watershed Protection District is superimposed over other districts. See § 255-5.4. See § 255-11.3 for permitted uses and special requirements in the Floodplain District. See § 255-5.7 for permitted uses and special requirements for development under the Business Overlay District. The intent of the design is to meet or exceed the requirements of § 255-5.4. See § 255-5.6 for permitted uses and special requirements for development under the Village Overlay District.

§ 255-5.3 Table of Use Regulations.

Table of Use Regulations - Principal Uses
		Avon Zoning Districts
		RES R-25	RES R-40	GEN BUS	IND	COM	MU Low D	RES HD	BOD	VOD
A.	Residential Uses
1	Detached dwelling on a separate lot occupied by not more than one family.	Y	Y	N	N	N	N	N	N	N
2	One two-family or one duplex dwelling on a separate lot.	Y	Y	N	N	N	N	N	N	N
3	Attached dwelling occupied by not more than one family in each unit between side walls. See § 255-7.5A or 255-5.6.	SP	SP	SP	N	N	Y	Y	N	Y
4	Apartments. See § 255-7.5A or § 255-5.6.	SP	SP	SP	N	N	Y	Y	N	Y
5	Planned unit development. See § 255-7.5F.	SP	SP	N	N	N	N	SP	N	N
6	Cluster residential development. See § 255-7.5E.	SP	SP	N	N	N	N	SP	N	N
7	Hotels/motels. See § 255-7.5B.	N	N	SP	SP	SP	SP	N	SP	SP
8	Renting of rooms in an existing dwelling to not more than six persons.	SP	SP	SP	N	N	SP	N	SP	SP
9	Conversion of an existing dwelling to accommodate not more than two families, provided that each resulting unit has at least 900 square feet of habitable floor space.	SP	SP	SP	N	N	Y	SP	SP	SP
10	Mobile homes.	N	N	N	N	N	N	N	N	N
11	Trailer park or mobile home park.	N	N	N	N	N	N	N	N	N
12	Campgrounds.	N	N	N	N	N	N	N	N	N
13	Parking of commercial vehicles over five tons.	SP	SP	SP	Y	Y	SP	N	SP	SP
14	Multiple dwelling units on a single lot in a residential or mixed-use zone.	SP	SP	SP	N	N	SP	SP	SP
B.	Institutional, Recreational, and Educational Uses
1	Place of worship.	Y	Y	Y	Y	Y	Y	Y	Y	Y
2	Religious, sectarian, and nonsectarian denominational, private, or public school not conducted as a private business for gain.	Y	Y	Y	Y	Y	Y	Y	Y	Y
3	Cemeteries.	SP	SP	N	N	N	N	N	N	N
4	Recreational facility owned or operated by an agency of the Town or other government.	Y	Y	Y	Y	Y	Y	Y	Y	Y
5	Public utilities.	SP	SP	SP	SP	SP	SP	SP	SP	SP
6	Private, nonprofit libraries or museums.	SP	SP	SP	N	SP	Y	Y	SP	SP
7	Private, nonprofit community center building, settlement house, adult education center, or other similar facility, provided indoor or outdoor noisy activities shall not be less than 100 feet from any lot line and shall not be detrimental to the neighborhood by reason of noise in any season.	SP	SP	Y	N	Y	Y	Y	N	N
8	Hospital, infirmary, nursing home, convalescent home.	SP	SP	Y	N	N	SP	SP	N	SP
9	(Reserved)
10	Overnight camps for children under 18 years of age.	SP	SP	N	N	N	N	N	N	N
11	Trade, professional or other school conducted as a private business for gain.	N	N	SP	SP	SP	Y	N	SP	SP
12	Private, nonprofit membership club or lodge.	SP	SP	Y	Y	N	SP	N	N	SP
13	Country, golf, swimming, tennis, or other recreational facility.	SP	SP	SP	SP	SP	N	SP	N	SP
14	Entertainment and recreational facilities operated as a business for gain, including but not limited to bowling alley, theater, or sport arena, provided such use is housed indoors in a sound-insulated structure protecting neighborhood from inappropriate noise in any season.	N	N	Y	SP	SP	Y	N	N	SP
15	All Town and municipal uses.	SP	SP	SP	SP	SP	SP	SP	SP	SP
C.	Agricultural Uses
1	Farms - agricultural, floricultural, orchard, horticultural, or silvicultural (5 acres or more).	Y	Y	Y	Y	Y	N	N	N	N
2	Farms - livestock or poultry, but not swine, provided that any building housing livestock or poultry be not less than 50 feet from the property boundary (5 acres or more).	Y	Y	Y	Y	Y	N	N	N	N
3	One roadside stand per farm for sale of agricultural products, the major portion of which are grown or produced on the premises.	Y	Y	Y	Y	Y	N	N	N	N
D.	Office and Laboratory
1	Business, financial, professional, or governmental offices, but no retail business, no manufacturing and no processing.	N	N	Y	Y	Y	Y	N	Y	Y
2	Offices and clinics for medical, psychiatric, or other health services for the examination or treatment of persons as outpatients, including only laboratories that are part of such office or clinic.	N	N	Y	Y	Y	Y	N	SP	SP
3	Laboratory or research facility.	N	N	Y	Y	SP	SP	N	SP	Y
4	Commercial or educational radio or television studio.	N	N	N	Y	SP	SP	N	SP	SP
E.	Retail Business and Consumer Service Establishments
1	Store serving local retail business needs of residents of vicinity, including but not limited to bakery, grocery, meat market, fruit stores, florist, hardware or paint store, news and/or tobacco store, drugstore, provided the gross floor area of each establishment is equal to or less than 25% of lot area, and further provided that all display, storage and sales of material are conducted within a building and provided there will be no manufacturing on the premises.	N	N	Y	N	N	Y	SP	SP	SP
2	Store for retail sale of merchandise, provided all display, storage, and sales of materials are conducted within a building and provided there will be no manufacturing on the premises.	N	N	Y	SP	Y	Y	N	SP	SP
3	Eating places serving food and beverages to be consumed within the building; no dancing or live entertainment permitted.	N	N	Y	SP	SP	SP	SP	SP	SP
4	Eating places serving food and beverages to be consumed within the building, with dancing and/or live entertainment permitted.	N	N	Y	SP	SP	SP	N	N	SP
5	Drive-in or open-air restaurant or other establishment providing food and beverages with no live or mechanical entertainment.	N	N	SP	SP	SP	Y	N	SP	SP
6	Space for manufacturing, assembly, or packaging of consumer goods, provided that at least 50% of such merchandise is sold at retail on the premises and that all display, sales and storage are conducted within the building, and further provided that not more than 25% of floor area is devoted to manufacturing, assembly, or packaging of consumer goods and that not more than five persons are employed at any one time for the manufacturing assembly, or packaging of such goods.	N	N	Y	SP	SP	N	N	N	N
7	Service businesses serving local needs, such as barbershops, shoe repair, self-service laundry, or dry cleaning or pick-up agency.	N	N	Y	N	SP	Y	SP	SP	SP
8	Hand laundry, dry cleaning or tailoring or other similar uses, provided personnel are limited to not more than 10 persons at any one time on the premises.	N	N	Y	N	SP	Y	N	SP	SP
9	Mortuary, undertaking or funeral establishment.	N	N	Y	N	N	Y	N	N	N
10	Veterinary establishment or similar establishment, provided that animals are kept wholly indoors.	N	N	Y	N	N	SP	N	N	N
11	Store of retail sale of merchandise such as, but not limited to, lumber yards wherein merchandise is stored in the open, provided that all merchandise so stored is screened from ground-level view from any abutting street or abutting property where such material is stored.	N	N	SP	Y	SP	N	N	N	N
12	Planned business development.	N	N	Y	SP	SP	SP	N	N	Y
13	Adult entertainment establishments in accordance with § 255-5-5.	N	N	N	SP	N	N	N	N	N
F.	Automotive Service and Open-Air Drive-In Retail Service [Amended 5-2-2023 ATM by Art. 15]
1a	Full-service, attendant-operated motor vehicle service station.	N	N	Y	Y	SP	N	N	N	N
1b	Self-service gasoline sales outlet.	N	N	SP	N	SP	N	N	N	N
2	Sale or rental of automobiles, boats, and other motor vehicles and accessory storage conducted entirely within an enclosed, sound-insulated structure to protect the neighborhood from inappropriate noise and other disturbing effects such as but not limited to flashing, fumes, gases, smoke, and vapors.	N	N	Y	SP	SP	N	N	N	N
3	Sale or rental of automobiles, boats, and other motor vehicle and accessory storage conducted partly or wholly on open lots.	N	N	Y	SP	SP	N	N	N	N
4	Automobile repair shops, provided all work is carried out within the building.	N	N	Y	Y	SP	N	N	N	N
5	Car washing establishments.	N	N	Y	Y	SP	N	N	N	N
6	Sales place for flowers, garden supplies, agricultural produce partly or wholly outdoors, including commercial greenhouses.	N	N	Y	Y	SP	Y	N	N	N
7	Outdoor sports facility conducted for profit, such as golf courses, country clubs, tennis clubs, marina.	SP	SP	SP	SP	N	SP	SP	N	SP
8	Place for exhibition, lettering or sale of gravestones.	N	N	Y	N	N	Y	N	N	N
G.	Industrial, Wholesale and Transportation Uses
1	Laundries and dry-cleaning plants.	N	N	SP	Y	N	N	N	N	N
2	Printing, binding, publishing, and related arts and trades.	N	N	SP	Y	N	SP	N	SP	SP
4	Plumbing, electrical or carpentry shop or other similar services or repair establishments.	N	N	SP	Y	N	N	N	N	N
5	Place for manufacturing, assembling or packaging of goods, provided that all resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke, and vapor are effectively confined to the premises or be disposed of in a manner that does not create a nuisance or hazard to safety or health.	N	N	N	Y	N	N	N	N	N
6	Wholesale business and storage in a roofed structure.	N	N	N	Y	N	N	N	N	N
7	Trucking terminals.	N	N	N	SP	N	N	N	N	N
8	Freight terminals.	N	N	N	SP	N	N	N	N	N
9	Extractive industries.	N	N	N	N	N	N	N	N	N
10	Planned industrial development.	N	N	N	SP	N	N	N	N	N
11	Facilities for processing materials for recycling.	N	N	SP	SP	N	N	N	N	N
12	Residential wind energy conversion facilities by special permit with the Planning Board as SPGA.	SP	SP	SP	SP	SP	SP	SP	N	N
13	Medium wind energy conversion facilities by special permit with the Planning Board as SPGA.	N	N	SP	SP	SP	SP	SP	N	N
14	Commercial wind energy conversion Facilities by special permit with the Planning Board as SPGA.	N	N	N	SP	SP	SP	SP	N	N
15	Temporary wind monitoring or meteorological towers.	SP	SP	SP	SP	SP	SP	SP	N	N
H.	Other Principal Uses
1	Any trade, industry, or other use that is noxious or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright lights, refuse matter or electromagnetic radiation.	N	N	N	N	N	N	N	N	N
2	Signs or advertising devices except as permitted by this bylaw (See Article X).	N	N	N	N	N	N	N	N	N
3	Open-lot storage or sale of junk or salvaged materials.	N	N	N	N	N	N	N	N	N
4	Any use hazardous to health because of danger of flooding, inadequacy of drainage, or inaccessibility to fire-fighting apparatus or other protective services.	N	N	N	N	N	N	N	N	N
5	The stripping of loam, peat, sand, or gravel or other materials except for reuse on the same property. (See § 255-7.5C.)	SP	SP	SP	SP	SP	N	SP	SP	SP
6	Wireless or broadcasting towers over 100 feet high erected on federal, state, county or Town property only.	SP	SP	SP	SP	SP	SP	SP	SP	SP
7	Establish medical marijuana treatment, dispensing and cultivation facilities.	N	N	N	N	SP	N	N
7	Artisan shop, photographer, interior decorator, dentist, doctors, engineers, or similar occupations.	N	N	Y	Y	Y	N	N	Y	SP
8	Establish recreational marijuana dispensing and cultivation facilities.	N	N	N	N	N	N	N	N	N
9	Multiple dwelling units on a single lot in a residential or mixed-use zone	SP	SP	SP	N	N	SP	SP	SP	SP
I.	Accessory Uses
1	Garage, private greenhouse, stable, tennis court, swimming pool or other similar building or structure for domestic use.	Y	Y	Y	Y	N	Y	Y	N	Y
2	The raising or keeping of livestock or poultry as pets or for use by residents of the premises, provided that no building for livestock or poultry may be less than 35 feet from any side or rear lot line nor nearer than 50 feet to any front lot line.	Y	Y	Y	Y	N	N	N	N	N
3	Any customary home occupation or the office of a resident physician, dentist, attorney at law, architect, engineer or member of other recognized profession, provided that not more than three persons shall practice or be employed on the premises at any one time.	SP	SP	Y	Y	N	Y	N	Y	SP
4	The use of a portion of a dwelling or accessory building thereto by a resident builder, rental office, carpenter, painter, plumber, electrician, mason, or other tradesman for incidental work and storage in connection with an off-premises occupation, provided there is no external change which alters the residential appearance of the buildings, and further provided that all storage is kept indoors.	SP	SP	Y	Y	N	SP	N	N	N
5	Storage or garaging of camping and recreational equipment, for personal use.	Y	Y	Y	Y	N	Y	Y	N	Y
6	Store for retail sale of merchandise, provided all display, storage and sale of materials are conducted within the building where they are warehoused, manufactured and/or assembled and that the sales area be no more than 8,000 square feet.	N	N	N	Y	N	N	N	N	N
7	Residential tree surgeon, landscape gardener.	N	N	SP	Y	SP	N	N	N	N
8	Trailer use for temporary storage.	N	N	SP	SP	SP	SP	SP	N	N

§ 255-5.4 Water Supply Protection District.

Purpose. The Water Supply Protection District and the regulations herein have been established:

(1)

To promote the health, safety and general welfare of the community by protecting existing and potential community water supplies through preservation and maintenance of the groundwater table and protection of surface waters;

(2)

To protect and preserve inland wetlands and watercourses in order to safeguard the purity of inland waters used, or potentially used, for surface water supplies, and to protect the food chain supportive of marine life;

(3)

To encourage the most appropriate and suitable use of land in areas potentially affecting ground- or surface water sources.

Scope of authority.

(1)

As an overlay district, this district applies in addition to the basic underlying zoning. It applies to all new construction, reconstruction or expansion of buildings and to any new or expanded uses. Those uses allowed in the underlying district are allowable through a special permit and subject to the provisions of this district. Uses prohibited in the underlying district remain prohibited.

(2)

Notwithstanding the foregoing, development pursuant to the Village Overlay District (VOD) under § 255-5.6 is allowed by right under the WSPD pursuant to the provisions listed in § 255-5.6. Thus, the requirements of this § 255-5.4 are not applicable.

Location. The Water Supply Protection District is established as shown on the map titled "Zoning Map of the Town of Avon, Massachusetts" as amended, on file in the office of the Town Clerk and referred to under § 255.3.2, Zoning Map. It includes aquifers and the aquifer recharge areas in the Zones I and II of the present Town wells in the form of Interim Wellhead Protection Areas, the watershed of the main stem of Trout Brook, and the watershed of Beaver Brook which flows to the Avon Reservoir.

Use regulations. In the Water Supply Protection District, no building may be constructed, altered or otherwise placed or moved for any purpose except for those listed under Subsection D(1), below, which are permitted as-of-right, and those uses listed under Subsection D(2), below, which are allowable by special permit subject to the listed standards and findings. Uses listed under Subsection D(3), below, are explicitly prohibited.

(1)

Permitted uses.

(a)

Conservation of water, plants and wildlife, including wildlife management shelters.

(b)

Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this district, including nature study, fishing, hunting and foot-bicycle-horse paths.

(c)

Grazing, forestry and other agricultural uses, excluding manure piles, feed lots, or other prohibited components and activities, consistent with the purposes of this district.

(d)

Municipal, water supply facilities, including retention ponds, wells, pumping stations and pipelines (but not underground fuel storage tanks), and the normal operations of existing water bodies and related control, supply and conservation structures.

(2)

Uses permitted by special permit subject to the findings required under Subsection E(3)(a) and the standards under Subsection E(4):

(a)

The construction, enlargement, or alteration of any uses allowed in the underlying zoning districts.

(b)

The digging or drilling of a well, intended as a private source of water.

(c)

The application of pesticides, including herbicides, insecticides, fungicides and rodenticides for nondomestic or nonagricultural uses in accord with state and federal standards.

(d)

The application of fertilizers for nondomestic or nonagricultural uses so as to minimize nutrient transport and deposition.

(e)

Uses which render impervious more than 15% or 2,500 square feet of any lot, whichever is larger.

(f)

Activities involving the handling of toxic or hazardous materials in quantities beyond normal household use.

(3)

Prohibited uses. In the Water Supply Protection District, the following uses are explicitly prohibited:

(a)

The storage of liquid petroleum products except for the approved above-ground or in-building storage in a freestanding container with secondary containment for the tank's full capacity of fuel for household heating, for legally required waste oil retention facilities, for emergency generators or for water treatment works designed and approved according to 314 CMR 5; however, replacement of existing tanks or systems for keeping, dispensing or storing of gasoline is allowed consistent with state and local requirements.

(b)

Landfills or open dumps as defined in 310 CMR 19.006.

(c)

The construction of an on-site sewage disposal system unless limited to disposal of 110 gallons/quarter acre under one ownership/day, or 440 gallons/acre under one ownership/day, whichever is greater, but exempting replacement or repair of an existing system without an increase in design capacity over the original design or over the design capacity of 310 CMR 15.00, whichever is greater, unless demonstrated not to cause an aggregate nitrate loading of five mg/l according to a DEP-approved methodology, or otherwise determined to be consistent with the water supply protective intent of this bylaw and the State Sanitary Code in the judgment of the Avon Board of Health and its agent. Upon making the above findings, the Health Board and its agent may allow increases in the capacity of the individual sewage disposal system in existence on the date of the passage of this bylaw as per 310 CMR 22.21(2)(a)5.

(d)

Landfilling or storage of sludge or septage as defined in 310 CMR 32.05 unless such storage complies with 310 CMR 32.30-31.

(e)

The storage of animal manures or deicing chemicals or the stockpiling/disposal of snow and ice containing deicing chemicals unless protected against the generation or escape of contaminated runoff or leachate.

(f)

The permanent, i.e., greater than forty-five-day, removal of earth to within six feet of the historical high water table, except for construction of foundations, roads or public utilities.

(g)

Facilities generating, treating, storing or disposing of hazardous waste that are subject to 310 CMR 30, or MGL c. 21C, except for very small quantity generators defined under 310 CMR 30.010, household hazardous waste collection centers or events pursuant to 310 CMR 30.390, waste oil retention facilities required under MGL c. 21, § 52A, and water remediation treatment works approved under 314 CMR 5.00.

(h)

Storage of liquid hazardous materials, as defined in MGL c. 21E, unless either in a freestanding container within a building or in a covered freestanding container above ground level with protection adequate to contain a spill the size of the container's storage capacity.

(i)

Motor vehicle graveyards and junkyards as defined in MGL c. 140B, § 1.

(j)

Treatment or disposal works for nonsanitary wastewaters that are subject to 314 CMR 5.00, except the replacement or repair of an existing system that will not increase its design capacity and DEP-approved treatment works for ground- or surface waters.

(k)

Storage of commercial fertilizers and soil conditioners, as defined by MGL c. 128, § 64, unless in protective structures.

(l)

Use of septic system cleaners toxic or hazardous materials.

Administration, procedures and standards.

(1)

General. When an application is made for a building permit which the Building Inspector believes may involve the use of industrial, commercial or business and in the Water Supply Protection District, s/he shall require that the applicant provide, as part of such application, a plan of the lot on which proposed development is intended, showing elevations above mean sea level at two-foot contour levels, indicating the benchmarks used and certified by a registered land surveyor or registered engineer. The Building Inspector shall transmit a copy of the plan to the Planning Board, Department of Public Works, Conservation Commission and the Board of Health. Upon consultation with the Planning Board, the Building Inspector may waive information requirements which are inapplicable in a given case. The Building Inspector may waive this process for building additions or accessory structures of under 300 square feet which do not discharge fluids or increase sewage flows, if so directed by the Planning Board following consultation with the Department of Public Works, the Conservation Commission and the Board of Health.

(2)

Nonconforming uses. This section shall not apply to any building or structure in existence or for which building permits had been issued prior to the adoption of this section, except that the repair, alteration or enlargement of any such structure must comply with all provisions of this bylaw and applicable state and Town laws, and must not adversely affect the ground- or surface water supplies in the district.

(3)

Special permit procedures.

(a)

After a public hearing and after the application has been referred to other municipal agencies as per Subsection E(1) of this section, if it is established to the satisfaction of the Planning Board that a proposed use will not interfere with the general purposes of the district, and will not be detrimental to the public health, safety or welfare, and will not violate the standards of Subsection E(4) below, the Board may grant a special permit for any use permitted as-of-right in the underlying district and not explicitly prohibited above.

(b)

The Planning Board, as special permit granting authority, may adopt more detailed regulations to govern the design of specially permitted projects.

(c)

The applicant for such permit shall provide the Planning Board with an original and five copies of the application for a special permit. The application shall include a plan prepared and certified by a registered professional engineer or a registered land surveyor. This plan will show:

[1]

The location, boundaries and dimensions of the lot;

[2]

Existing and proposed facilities, watercourses and drainage systems and protective measures;

[3]

A grading plan showing existing and proposed ground contours at two-foot intervals;

[4]

Means of access, parking area and other extensive impervious areas;

[5]

Any proposed sewage disposal facilities;

[6]

Test borings of sufficient depth to show location of peat, hardpan, other impervious material and groundwater;

[7]

A complete list of chemicals, pesticides, fertilizers, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than household use.

(d)

The Planning Board will forward one copy of each application to the Sewer Commission, Building Inspector, Department of Public Works, Board of Health and Conservation Commission. These agencies shall then file written recommendations with the Planning Board within 14 days of the publication of the first public hearing notice.

(e)

The burden of showing that the proposed development meets the standards listed below rests upon the applicant, who shall provide any engineering and hydrogeologic data required by the Board to make its determination.

(f)

The Planning Board shall hold a hearing within 65 days, give notice to affected parties and reach a decision in accord with provisions of MGL c. 40A, § 9.

(4)

Standards.

(a)

To issue a special permit, the Planning Board must make the findings in Subsection E(3) above, and must find that the proposed development will not result in the following:

[1]

A one-percent or greater reduction in the groundwater yield of the public wells in the district;

[2]

Pollution from sewage wastes, stormwater runoff or other liquid or water-soluble materials that would reduce the affected aquifers or streams to below drinking water standards or otherwise reduce the quality of water available in the public wells in the district or in downstream surface water supplies;

[3]

Violation of underground injection control regulations under 310 CMR 27.

(b)

In addition, the applicant shall demonstrate that creation of any impervious surface greater than 15% of the lot or 2,500 square feet, whichever is larger, includes facilities sufficient to recharge water from a fifty-year storm without endangering the groundwater. The facilities shall use vegetated infiltration basins where possible rather than dry wells, and shall be protected by oil, grease and sediment traps.

Enforcement. Written notice of any violations of these provisions shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the provision violated and the nature of the violation(s), and may identify actions necessary to remove or remedy the violation(s) and to prevent future violations along with a schedule for compliance. A copy of such notice shall be submitted to the Board of Health, Conservation Commission and Water Superintendent, and for violations in the Beaver Brook watershed, to the City of Brockton's Commissioner of Public Works. The cost of containment, cleanup or other action of compliance shall be borne by the owner and operator of the premises.

§ 255-5.5 Adult entertainment.

Authority, purpose and scope.

(1)

This bylaw is enacted pursuant to MGL c. 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment enterprises, as defined and designated herein, in response to studies demonstrating their deleterious effect.

(2)

It is the purpose of this bylaw to address and mitigate the secondary effects of adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime and blight, the flight of existing business, and adverse impacts on public health, property values of residential and commercial properties, the business climate, and the general quality of life in the community. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Avon and its inhabitants.

(3)

The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials that are protected by the United States or Massachusetts Constitution, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Similarly, it is not the intent nor effect of this bylaw to condone or legitimize the distribution of obscene or other illegal matter or materials.

Definition. As used herein, and further defined in Subsection H, Definitions, and consistent with the definitions in MGL c. 40A, § 9A, adult uses shall include the following: adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater, adult mini-motion-picture theater, adult live entertainment establishment, massage service establishment, sexual encounter club, adult cabaret or club, adult motel or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended. Adult use shall include an establishment with a combination of adult use materials as listed above, including books, magazines, devices, objects, tools, or toys, movies, videos, and any similar audio/visual media for sale or rent, which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended, which in combination, is either:

(1)

Greater than 15% of the subject establishment's inventory stock subject measured by volume and not value; or

(2)

Greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.

Adult Use Overlay Zone. The Adult Use Overlay Zone is hereby established to include that portion of the Industrial Zone located in the northeast quadrant of the Town, as defined in Article II, Definitions. Adult entertainment uses shall be prohibited except in the Adult Use Overlay Zone, where such uses shall be allowed only upon the grant of a special permit by the Zoning Board of Appeals in accordance with the provisions of this section and following site plan review by the Planning Board.

Special permit. No adult use shall be established prior to obtaining a special permit from the Zoning Board of Appeals in accordance with this section and pursuant to the application requirements and procedures of Article VII of this Zoning Bylaw.

(1)

The application for a special permit for an adult use shall provide name and address of the legal owner of the establishment, legal owner of the property, manager of the proposed establishment, proposed number of employees, proposed security precautions, and description and illustration of the physical layout of the premises.

(2)

No adult use special permit shall be issued to any applicant, or the representative of an owner, operator, or manager of an adult entertainment facility who has been convicted of violating the provisions of MGL c. 119, § 63 (inducing or abetting delinquency of a child) or MGL c. 272, § 28 (crimes against chastity, morality, decency and good order), or equivalent statutes in other jurisdictions. The application shall include authorization for the Town to confirm criminal record information through the appropriate authorities.

(3)

Any adult entertainment use granted a special permit shall comply with all other Town bylaws and all statutes of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

(4)

Siting criteria.

(a)

Adult uses in the Adult Use Overlay Zone shall comply with the following siting criteria where the distance from the developed portion of the subject site shall:

[1]

Not be located closer than 500 feet to a residential zoning district or residential dwelling;

[2]

Not be located within 1,000 feet from a church, school, playground, play field, cemetery, public open space, youth center, day-care center or other location where groups of minors regularly congregate; or

[3]

Not be located within 1,000 feet from another adult use as defined herein;

[4]

Not be located within 500 feet from an establishment licenses under MGL c. 138, § 12, allowing sale of alcohol for drinking on premises;

[5]

Not be located within 500 feet of the right-of-way of Route 24 and Harrison Boulevard, measured horizontally;

[6]

Not be located within 500 feet of any residential zone in the abutting Towns of Randolph and Stoughton;

[7]

Not be located within 100 feet of the right-of-way of Page Street, measured horizontally.

(b)

The distance specified in this section shall be measured by a straight line from the nearest developed portion of the premises on which the adult entertainment use is proposed (including structures proposed to contain adult uses and associated accessory structures and parking) to the nearest property line of the uses stated in [1] through [7] above.

(5)

Adult uses shall be in keeping with the general scale and character of the neighborhood in terms of building appearance and use.

(6)

The Avon Zoning Board of Appeals may waive the provisions of Subsection D(4), Siting criteria, above by special permit if in its sole discretion it finds: (a) that the proposed use will not be contrary to the public interest or injurious to the neighborhood and that the spirit and intent of this bylaw will be observed; (b) that the proposed use will not enlarge or encourage the development of a "skid row" area; (c) that the establishment of any additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; provided, however, that the Board of Appeals shall not, under any circumstances, utilize this waiver authority to grant a special permit for an adult entertainment establishment which shall be closer than 200 feet to any of the uses listed in Subsection D(4)(a)[1] through [6] above.

Conditions.

(1)

The special permit granting authority may impose reasonable conditions, safeguards and limitations on the adult use as are deemed necessary and appropriate to protect the neighborhood and the Town. In addition, the following performance criteria shall be met:

(a)

An adult use special permit shall be personal to the applicant, and shall not run with the land or with the business.

(b)

No adult use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises. All entrances to an adult entertainment business, or portion of the business displaying materials of adult content, shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises or portion of the business as the case may be.

(c)

If the adult use allows for the showing of films or videos within the premises, any booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All booths must be able to be clearly seen from the center of the establishment.

(d)

No adult use shall be allowed within a building containing residential uses.

(e)

No adult use shall be allowed within a shopping center, shopping plaza or mall. For the purposes of this section, "shopping center," "shopping plaza," and "mall" shall be defined as an integrated group of retail establishments and associated parking, whether located on one or more parcels of land.

(f)

No loudspeakers or sound equipment shall be used by an adult entertainment business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult entertainment business is conducted.

(g)

An adult entertainment business shall not remain open for business, or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 1:00 a.m. and 10:00 a.m. of any particular day. In the case of adult bookstores, video stores, and adult paraphernalia stores, business hours shall be limited to hours between 9:00 a.m. and 10:00 p.m. These hours of operation may be further restricted in the conditions approving a special use permit for an adult entertainment business.

(h)

No certificate of occupancy for an adult use shall be issued until the applicant has first received any required license from the appropriate licensing boards.

(i)

Bookstores, video stores and other retail establishments providing toys, devices, objects, tools, or other media shall be limited in that no more than 50% of the stock for sale or rent, measured in terms of volume and not value, shall be of adult content as defined herein.

(j)

If the proposed adult use includes live entertainment, including displays of nudity, or any other activity defined in MGL c. 138, § 12, said premises shall not be permitted to serve alcoholic beverages.

(2)

A violation of any of one of these conditions may result in the revocation of the establishment's special permit.

(3)

The Board may approve an application for an adult use special permit only if it finds that, in its judgment, all of the following conditions are met: the site is an appropriate location for the proposed use; the use involved will not be detrimental to the established or future character of the neighborhood, or the Town as a whole; there will be no nuisance or serious hazard to vehicles or pedestrians; adequate and appropriate facilities will be provided for the proper operation of the proposed use; the public safety, convenience and welfare will be substantially served.

Site plan review. No adult entertainment use shall be established prior to site plan review by the Planning Board. Simultaneously with the submission of the special permit application to the Board of Appeals, the applicant may submit a site plan to the Planning Board in accordance with § 255-12.2D.

(1)

In addition to the requirements of § 255-12.2, the site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas, open space and other land uses. The site plan shall show the distance between the proposed adult entertainment use and the boundary of the nearest residential zoning district or property and the location of other uses noted in Subsection D(4)(a)[1] through [4] above if located within 1,000 feet.

(2)

In addition to the dimensional requirements specified in Article VI, a twenty-foot-wide vegetative buffer and/or fence containing adequate screening, given the character of the neighborhood it abuts and the intensity of the use, shall be provided between adult entertainment uses and abutting uses, if any. The applicant shall provide a landscaping plan illustrating proposed landscaping, fences, walls or other design features. Any buffer vegetation shall be evergreen and of a height and breadth to sufficiently shield the adult use from abutting uses year round. Alternatively, a combination of design features may be used to provide the buffer. A maintenance plan shall also be provided to ensure that the applicant will be responsible for the care and maintenance of the buffer.

(3)

All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment, or any portion thereof in which regulated adult uses take place, from the exterior.

(4)

All signs must meet the requirements of Article X, Signs, of the zoning bylaws of the Town of Avon. Furthermore, no adult use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in MGL c. 272, § 31. No adult use shall exhibit a freestanding or mobile sign.

(5)

The proposed adult entertainment use shall comply with the off-street parking requirements for uses in the Industrial Zone as set forth in Article VIII.

(6)

No adult entertainment use shall have any flashing lights visible from outside the establishment.

Special permit expiration or renewal; lapse.

(1)

Notwithstanding the provisions of Article VII, Special Permits, a special permit to conduct an adult entertainment use shall expire after a period of one calendar year from its date of issuance and shall be automatically renewable for successive one-year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority at least 20 days prior to said expiration. Upon written request, the Board of Appeals shall hold a public hearing within 30 days and shall grant the renewal so long as there are no existing zoning violations and that no objection to said renewal is made and sustained by the special permit granting authority based upon the public safety factors applied at the time that the original special permit was granted.

(2)

The special permit shall remain in effect until the conclusion of the public hearing and decision of the Board of Appeals either granting or denying the special permit renewal. If violations are identified during the public hearing process, the applicant shall be given a reasonable opportunity to correct such issues, prior to the Board's final decision. In granting the renewal, the Board may impose additional conditions, including time limits to correct violations, hours of operation, additional screening and so on, upon which a lapse of time without correction or compliance shall result in a revocation of the permit.

(3)

The special permit shall not be renewed if any of the following has taken place on or in proximity to and associated with the premises:

(a)

Unlawful sexual activity;

Gambling;

Drug use;

Violent crimes;

Offenses against children;

(f)

Repeated public disturbances requiring intervention by the police; and

(g)

Any other illegal activities.

(4)

Violation any of the conditions of approval of the special permit shall be grounds for nonrenewal of the special permit as provided for in this section.

(a)

A special permit issued under this section shall lapse upon any transfer of ownership or legal interest in the business, or upon any change in contractual or legal interest in the subject premises or property. The special permit may be renewed thereafter only in accordance with this section and the procedures outlined herein and in Article VII.

(b)

Special permits issued hereunder shall lapse unless substantial use thereof is made within six months of being granted, exclusive of the time, if any, consumed during any appeals pursuant to MGL c. 40A, § 17, except for good cause shown. Any application for an extension of this period shall be filed prior to the lapse of the special permit.

Retroactive application. Each adult use in existence upon the effective date of this section shall apply for an adult use special permit within 90 days of the adoption of this bylaw, consistent with the provisions of MGL c. 40A, § 9A.

Severability. The provisions of this section are severable, and in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

§ 255-5.6 Village Overlay District (VOD).

Purpose. The purpose of the Village Overlay District is to encourage and promote multifamily residential and mixed-use development in appropriate areas of the Town that, due to their location and access to infrastructure such as access to municipal sewer and water connections, transportation alternatives, and walkability, provide significant and appropriate redevelopment opportunities to revitalize the area.

Location. The Village Overlay District is established as shown on the map titled "Zoning Map of the Town of Avon, Massachusetts," as amended, on file in the office of the Town Clerk and referred to under § 255.3.2, Zoning Map.

Scope of authority. The provisions of this § 255-5.6 shall apply to those properties or lots which are located within the VOD. This VOD shall be construed as overlaying other existing zoning districts. The VOD confers alternative developmental opportunities that may be pursued at the discretion of the property owner. If the property owner opts for development under this § 255-5.6, and where conflicts exists between this § 255-5.6 and other provisions of the Town of Avon zoning bylaws, this § 255-5.6 and other provisions of the Town of Avon zoning bylaws, this § 255-5.6 and provisions herein shall apply.

Uses.

(1)

The following uses are permitted in the VOD by right, provided that the provisions of this § 255-5.6 are met.

(a)

Multifamily dwelling apartments intended to be used for three or more dwelling units at a maximum density of 25 units per acre.

(b)

A mix of uses consisting of multifamily dwelling apartments as described above in Subsection (1)(a) and those uses permitted as listed in § 255-5.3, Table of Use Regulations, are permitted as long as the total gross square footage of the commercial buildings is no more than 25% of the total gross square footage of the residential multifamily dwelling apartment buildings.

(2)

By special permit, the Planning Board may allow greater than 25% of the total gross square footage of the residential multifamily dwelling apartment buildings to be commercial; provided, however, that in no case shall the percentage allowed be greater than 35% of the total gross square footage.

Regulations.

(1)

Building height.

(a)

Development under the VOD shall be required to comply with the following maximum building height:

	Maximum Building Height (feet)	Maximum Stories (above grade)
Multifamily dwelling apartments (residential uses only)	40	3
Mix of uses (commercial and residential uses)	60	4

(b)

By special permit, the Planning Board may allow an increase in the building height; provided, however, that the maximum building height shall not be greater than 70 feet.

(2)

Development under the VOD shall be required to provide a vegetative buffer maintained with grass, trees, shrubs, flowers and other plantings and other landscaping features along the rear lot line of not less than 10 feet in width.

(3)

Development under the VOD shall be required to be connected to a municipal sewer system.

(4)

As the VOD is located in the Water Supply Protection District, any development that renders the impervious coverage of any lot greater than 15% or 2,500 square feet, whichever is greater, shall require a special permit pursuant to § 255-5.4E(3), unless the development includes facilities sufficient to recharge stormwater runoff on site pursuant to LID strategies listed below; provided, however, that in no case shall the impervious coverage of any lot be greater than 65%. The facilities shall incorporate the LID strategies listed herein under Subsection F below.

Low-impact design ("LID") strategies. All development under the VOD shall incorporate low-impact development strategies as listed as follows:

(1)

Surfacing, drainage and irrigation.

(a)

General.

[1]

Roads, driveways and parking areas shall be graded, surfaced with asphalt, concrete, or other suitable nonerosive material, and drained in a manner to prevent nuisance of standing water, erosion, or excessive water flow across abutting streets or ways, within the proposed parking area, to abutting properties, and to wetland resource areas; natural drainage courses shall be utilized insofar as possible. Pervious pavers or reinforced turf should be used where consistent with sound engineering practices, such as in low traffic volume areas and parking areas located in areas furthest from the buildings being served. To the extent feasible and practical, stormwater management shall incorporate low-impact development strategies. Low-impact development (LID) is a stormwater management strategy concerned with maintaining or restoring the natural hydrologic functions of a site to achieve natural resource protection objectives and fulfill environmental regulatory requirements.

[2]

LID employs a variety of natural and built features that:

[a]

Collect and treat stormwater runoff close to its source;

[b]

Reduce the rate of runoff;

[c]

Filter out its pollutants, and

[d]

Facilitate the infiltration of water into the ground.

[3]

Rather than collecting runoff in piped or channelized networks and controlling the flow downstream in a large stormwater management facility, LID takes a decentralized approach that disperses flows and manages runoff closer to where it originates, and incorporates a set of overall site design strategies as well as highlight localized, small-scale, decentralized source control techniques such as, for example, rain gardens, roof run-off collection or infiltration system, and permeable paving.

(b)

Low-impact development techniques should be used throughout the site.

(c)

Detention and filtration systems shall be located on site and shall have curvilinear sides, so as to appear a natural part of the landscape.

[1]

Man-made embankments shall have maximum side slopes of three feet horizontal and one foot vertical, or retaining walls shall be employed.

[2]

Landscaped erosion control techniques shall be used in place of visible riprap.

(d)

Natural drainage courses should be utilized insofar as possible.

(e)

Curbing shall be required only as necessary to limit off pavement vehicle access or for pedestrian safety, unless other suitable materials are used.

(f)

All stormwater LID features, detention, and filtration systems shall be designed to conform to the most recent edition of the Stormwater Management Policy of the Massachusetts Department of Environmental Protection.

(g)

Impervious surface should be minimized.

(h)

Paved roadway, parking, and other impervious areas should be drained toward low-impact development practices such as bioretention areas (rain gardens), roadside swales and infiltration structures.

(i)

Stormwater from roof areas should be directed to subsurface cisterns properly sized and engineered for reuse as on-site irrigation water. Any excess overflow from such systems should be recharged to the ground.

(j)

Stormwater from roof areas that cannot be practically collected for on-site irrigation reuse shall be infiltrated or directed to landscaped areas (e.g., rain gardens), and shall not be allowed to flow onto paved surfaces.

(k)

Automatic irrigation systems that incorporate rain shut-off devices shall be used on site to ensure maximum water efficiency. Irrigation systems shall be designed so as not to operate during precipitation events, in windy conditions, or during the hottest part of the day (8:00 a.m. to 6:00 p.m.). The amount of water applied should be sufficient to only fill the effective root zone and minimize evaporative loss. The source of the automatic irrigation system shall be a private well. The water shall be treated so as to not cause any staining on landscape material.

(2)

Erosion and sedimentation control.

(a)

Limited salt use for parking lots.

(b)

Project design and development practices shall comply with recommendations in the Massachusetts Department of Environmental Protection’s most recent edition of the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas.

§ 255-5.7 Business Overlay District (BOD).

Purpose. The purpose of the Business Overlay District is to encourage and promote small business and mixed-use development in appropriate areas of the Town that, due to their location and access to infrastructure such as access to municipal sewer and water connections, transportation alternatives, and walkability, provide significant and appropriate redevelopment opportunities to revitalize the area.

Location. The Business Overlay District is established as shown on the map titled "Zoning Map of the Town of Avon, Massachusetts," as amended, on file in the office of the Town Clerk and referred to under § 255-3.2, Zoning Map.

Scope of authority. The provisions of this § 255-5.7 shall apply to those properties or lots which are located within the BOD. This BOD shall be construed as overlaying other existing zoning districts. The BOD confers alternative developmental opportunities that may be pursued at the discretion of the property owner. If the property owner opts for development under this § 255-5.7, and where conflicts exists between this § 255-5.7 and other provisions of the Town of Avon zoning bylaws, this § 255-5.7 and other provisions of the Town of Avon zoning bylaws, this § 255-5.7 and provisions herein shall apply.

Uses. The following uses are permitted in the BOD by right, provided that the provisions of this § 255-5.7 are met:

(1)

Small business, financial, professional or government uses.

(2)

Refer to § 255-5.3, Table of Use Regulations, showing special permit uses. A mix of uses consisting of multifamily dwelling apartments and those uses permitted as listed in § 255-5.3, Table of Use Regulations, are permitted as long as the total gross square footage of the commercial buildings is no more than 25% of the total gross square footage of the residential multifamily dwelling apartment buildings.

Regulations.

(1)

Development under the BOD shall be required to comply with the following maximum building height:

(a)

Maximum building height: 35 feet.

(b)

Maximum stories (above grade): three.

(2)

Development under the BOD shall be required to provide a vegetative buffer maintained with grass, trees, shrubs, flowers and other plantings and other landscaping features along the side lot line of not less than 15 feet in width unless abutting residential, in which case the vegetative buffer shall not be less than 20 feet in width.

(3)

Development under the BOD shall not be required to be connected to a municipal sewer system.

(4)

As the BOD is located in the Water Supply Protection District, any development that renders the impervious coverage of any lot greater than 15% or 2,500 square feet, whichever is greater, shall require a special permit pursuant to § 255-5.4E(3) unless the development includes facilities sufficient to recharge stormwater runoff on site pursuant to LID strategies listed below; provided, however, that in no case shall the impervious coverage of any lot be greater than 60%. The facilities shall incorporate the LID strategies listed herein under Subsection F below.

Low-impact design ("LID") strategies. All development under the BOD shall incorporate low-impact development strategies as listed as follows:

(1)