This chapter shall be known as the "Zoning Ordinance of the
Village of Avon."
The purpose of this chapter is to encourage the most appropriate
use of land throughout the Village and to conserve the value of property,
with due consideration for the character of the districts and their
peculiar suitability for particular uses, all in accordance with a
Comprehensive Plan designed to lessen congestion in the streets; to
secure safety from fire, flood, panic and other dangers; to promote
health and the general welfare; to provide adequate light and air;
to prevent the overcrowding of land, to avoid undue concentration
of population and to that end to regulate the height, design, appearance,
number of stories and size of buildings and other structures; the
percentage of the area of the lot that may be occupied; the size of
yards, courts and other open spaces; the density of population and
the location and use of buildings, structures and land for trade,
industry, residence or other purposes; and the height, size and location
of these uses within the limits of the Village.
For the purpose of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular and all words in the singular number include the plural
number, unless the natural construction of the word indicates otherwise.
The word "shall" is mandatory and directory. The word "may" is permissive.
The word "used" includes "designed, intended or arranged to be used."
When used in this chapter, unless otherwise expressly stated
or the content otherwise requires:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
A use incidental and subordinate to the main use or building
and located on the same lot therewith. In no case shall such accessory
use dominate, in area, extent or purpose, the principal lawful use
or building.
A publicly or privately owned serviceway less than 24 feet
in width providing a secondary means of access to abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Any structure housing three or more families or dwelling
units.
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof for flat roofs, to the deckline of a mansard roof
and to the average height between the plate and ridge of a gable,
hip or gambrel roof.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade at the
front of the building.
A certificate issued by the Zoning Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Zoning Board of Appeals. (NOTE: Chapter 26, Uniform Code Enforcement, sets forth detailed procedure in § 26-7 for obtaining a certificate of occupancy.)
A nonprofit social organization whose premises are restricted
to its members and their guests.
Includes the purchase, sale or transaction involving the
disposition of any article, substance, commodity or service, the maintenance
or conduct of offices, professions or recreational or amusement enterprises
conducted for profit and also includes the renting of rooms, business
offices and sales display rooms and premises.
The mean street grade established by the Village or, in the
absence of an established grade, the mean level of the existing curb
or of the lot at the street line.
A building or portion thereof used exclusively as the residence
or sleeping place of one or more persons.
One or more rooms providing living facilities for one family,
including equipment for cooking, living and sleeping purposes and
provisions for the same.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more families
living independently of each other.
A building or dwelling unit designed for or occupied exclusively
by a single family as hereinafter defined.
A row of attached or semidettached dwellings containing a
total of three or more dwelling units or a building in such a row.
A building containing two dwelling units and used exclusively
for occupancy by two families living independently of each other or
two one-family dwellings having a party wall in common.
One or more persons, related by birth, marriage or other
domestic bond, or not to exceed five unrelated persons, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
Any parcel containing five acres or more of land which is
used for gain in the raising of agricultural products, including crops,
livestock, poultry or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with, and necessary to the operation of the farm as
defined by this article. The term "farm building" shall not include
"farm dwelling."
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
Liquids having a flash point below 200° F., closed cup
tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum
gas) are those having a flash point below 25° F. Class II flammable
liquids are those having a flash point below 70° F. but not below
25° F.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said areas shall be measured between the
inside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space or accessory building space.
An open space extending the full width of the lot between
a main building and the front lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the front lot line and the front
of such main building.
A building or structure used for display, storage, repair,
rental, sale, inspection and servicing of new and used motor vehicles
and for the retail sales of parts, accessories, lubrication, oils
and supplies for such vehicles, but not the sale of fuel.
[Amended by L.L. No. 5-1982]
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
Includes the manufacture, processing, assembly or storage
of any item, article or commodity and the conduct of manufacturing
as it is usually understood, as opposed to the casual preparation,
processing or repair of items, articles or commodities in retail businesses.
Land, building or structure used for the collecting, storage
or sale of wastepaper, rags, scrap metal or discarded material or
for the collecting, wrecking, dismantling, storage, salvaging and
sale of machinery parts or vehicles not in running condition.
A parcel of land considered as a unit devoted to a certain
use or occupied by a building or a group of buildings that are united
by a common interest or use, and the customary accessories and open
spaces belonging to the same. A "lot" within the meaning of this chapter
may or may not be a lot as shown on a subdivision plat or assessment
record.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
The horizontal distance between the front and rear lot lines,
measured at right angles to the front lot line.
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may determine which street
shall be the front lot line. The rear line shall be the lot line most
distant from the front lot line.
The horizontal distance between the side lot lines measured
at right angles to its depth at the front building line.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets.
Includes any "trailer," "mobile dwelling" or other unit so
constructed and so designed that it can be used or moved with attachments
as a separate entity as a vehicle, whether the same be standing on
wheels, rollers, skids, rigid supports or a permanent foundation and
which is used, designed for or capable of being used for living quarters
and having all facilities needed for a permanent abode, specifically
excluding, however, campers and other similar vehicles designed for
being stored in garages or similar structures.
A home not capable of being transported as a single unit,
but is designed to be transported to the site in two or more sections
or parts which, when assembled, constitute a conventional home.
Any building, structure or land used primarily for the dispersing,
sale or offering for sale of automotive fuels, oils or accessories,
including lubrication of automobiles and replacement or installation
of minor parts and accessories, but not including major repair work
such as motor replacement or rebuilding, body and fender repair or
painting.
A building which in its design or location upon a lot does
not conform to the regulation of this chapter for the district in
which it is located.
A lot of record existing at the date of the passage of this
chapter which does not have the minimum width or contain the minimum
area for the district in which it is located.
Any use of a building, structure or land existing at the
time of enactment of this chapter which does not conform to the use
regulations of the district in which it is situated.
A building, structure or premises having accommodations for
hire and where limited medical care is provided for invalid, infirm,
aged, convalescent or physically disabled or injured persons.
The Village of Avon Planning Board.
A map, plan or layout of a section or subdivision indicating
the location and boundaries of individual properties.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is located
The main use to which a building or lot is to be used.
An open space extending the full width of a lot between the
rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, except as hereinafter
specified, the depth of which shall be the least distance between
the rear lot line and the rear of such main building.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park operated by the agency or group or an approved vendor
operating the recreational facilities and for the convenience of the
patrons of the facility shall not be deemed to be a restaurant.
A building, structure or premises having accommodations for
elderly persons not requiring nursing or medical care and where home
care is provided to the inhabitants thereof for profit.
The line determining the street or highway public limit or
ownership.
An open space extending from the front yard to the rear yard
between any building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward. The required width
of side yard shall be measured horizontally from the nearest point
of the side lot line to the nearest part of any building.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign.
A sign that shall be deemed to be any advertising display
on which is shown the products sold, the name of the enterprise located
on that lot or parcel of land or any other wording which reflects
directly upon any on-site business or other usage thereof.
Any advertising display on which is shown any advertisement
for products or businesses other than which are sold or have occupancy
on that lot or parcel of land.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, right-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
Any building or premises occupied by three or more persons
not related to the owner, lessee or operator by blood, marriage or
adoption, who upon their release as patients from any recognized mental
institution, treatment center for alcoholism, narcotic addiction or
as an inmate of any correctional or penal institution, use such building
or premises as living facilities in order to secure noninstitutionalized
care in their attempt to reenter society as healthy, well-adjusted
and useful human beings. The operator must reside at such premises.
That portion of a building between the surface of any floor
and the surface of the floor next above; also, any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement shall be counted but a cellar shall not be
counted.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
The lateral line of the street or other public right-of-way.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
The value of a property determined by the Zoning Enforcement
Officer or any board or official of the Village required to make a
determination in accordance with any generally accepted appraisal
method of the construction trade or real estate appraisers.
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The officially established Zoning Board of Appeals of the
Village of Avon.
A permit issued by the Zoning Enforcement Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and complies with all other requirements
under this chapter for the district in which it is located or is to
be located.
[1]
Editor's Note: Original Art. II, Zoning Districts, which immediately followed this article, as amended by L.L. Nos. 1-1977, 2-1982, 3-1983, 1-1984, 3-1984, 6-1985, 7-1985, 8-1985, 15-1985, 9-1986, 4-1989, 5-1989, 1-1992, 2-1992, 3-1992, 2-1993, 5-1993, 9-1993, 2-1994, 2-1996, 1-1997, 3-2001, 3-2002, 4-2002, 1-2003, 4-2003, 1-2006, 2-2006, 3-2006, 1-2007, 2-2007, and 1-2011, was superseded 6-1-2020 by L.L. No. 2-2020. Said listing includes local laws that revised the Zoning Map.
