[Added 6-1-2020 by L.L.
No. 2-2020[1]]
[1]
Editor's Note: This local law also substantially renumbered
former Arts. II through VI.
A.
The purpose of this article is to provide for the review and approval
of certain uses that are generally considered to be uses with a higher
potential for incompatibility with adjacent uses of a lesser intensity,
such as single-family residential dwellings.
B.
The individual review of certain uses is intended to determine the
appropriateness of a use in its proposed location and any requirements
necessary to ensure compatibility with adjacent uses.
C.
The application of these regulations in connection with the review
of a special use permit is intended to prohibit any use which, by
reason of its nature or manner of operation, is or may become hazardous,
obnoxious, or offensive owing to emission of odor, dust, smoke, cinders,
gas, fumes, noise, vibration, refuse matter, or water-carried waste.
D.
It is the intent of the Village of Avon to promote the public health,
general safety, and neighborhood character of the immediate neighborhood
and the larger community with the administration and implementation
of these standards.
A.
The requirements of this article are applicable to all uses, permitted
(P) and specially permitted (SP), as noted in the district use tables
of this chapter.[1]
[1]
Editor's Note: The district use tables are included as an attachment to this chapter.
B.
Specially permitted uses (SP) must obtain a special use permit from
the Planning Board as provided for in this article.
C.
Uses permitted by right (P) shall not require the issuance of a special use permit, but must obtain site plan review approval where noted and meet all requirements of the proposed use as set forth in § 30-68.
D.
Any use requiring a special use permit may also be subject to site plan review, as provided for by Article XII of this chapter. Such applications may be processed concurrently. However, no building permit shall be issued for a specially permitted use until a special use permit and site plan approval have been obtained.
A.
Applications must be filed by the property or building owner, their
agent, or lessee, purchaser or tenant with legally binding and written
permission of the owner.
B.
All applications shall be submitted to the Secretary of the Planning
Board at least two weeks prior to the scheduled board meeting at which
the application is intended to be considered.
C.
The Secretary of the Planning Board shall indicate that an application
is considered accepted and ready for processing only if it is submitted
in the required number and form, includes all required materials,
and is accompanied by the required filing fee.
D.
The acceptance of an application by the Secretary of the Planning
Board shall in no way be interpreted to include a determination of
the completeness, adequacy, or accuracy of materials, but rather serve
as an acknowledgement to the receipt of all initially required materials.
The Secretary may consult with other Village departments or divisions,
officials, or review boards in making such a determination.
E.
If an application is determined to be unacceptable, the Secretary
must provide paper or electronic written notice to the applicant along
with an explanation of all known deficiencies in the application that
will prevent competent review. No further processing of the application
will occur until the deficiencies are corrected. If the deficiencies
are not corrected by the applicant within 30 days, the application
will be considered withdrawn.
F.
No processing of unacceptable applications will occur. Any incomplete
applications will be pulled from the processing cycle. When the deficiencies
are corrected, the application will be placed in the next available
processing cycle.
A.
The Planning Board may seek the opinion of any legal, engineer, design,
or other professional to aid in the review of an application. Any
such costs incurred as a result of seeking professional aid shall
be reimbursed by the applicant and paid within 30 days of written
request by the Village Clerk or their designee.
B.
The following materials shall be required of all special use permit
applications:
(1)
A special use permit application form, including the name, address,
and signature of the applicant, owner of record, and developer, and
seal(s) of the engineer, architect, or landscape architect who prepared
the site plan materials, if applicable.
(2)
A description or narrative of all proposed uses and structures, including
but not limited to hours of operation, number of employees, maximum
seat capacity, and proposed number of off-street vehicle and bicycle
parking spaces.
(3)
A certified land survey showing the boundaries of the applicant's
property under consideration in its current state, plotted to scale,
with the North point, scale, and date clearly indicated, or other
document deemed acceptable by the Code Enforcement Officer.
(4)
A narrative report describing how the proposed use will satisfy the
criteria set forth in the special use permit review criteria of this
chapter, as well as any other applicable requirements relating to
the specific use proposed.
(5)
A detailed traffic study, upon request of the Planning Board, to
include:
(a)
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak hour traffic levels;
(b)
The projected traffic flow pattern, including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site; and
(c)
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and
proposed daily and peak hour traffic levels and road capacity levels
shall also be given.
(6)
All SEQR documentation, as required by NYS law.
(7)
All application fees as established by the Village Board.
C.
The Planning Board may request additional information beyond what
is listed in this section and may ask that it be presented in graphic
form accompanied by a written text and/or prepared by a licensed professional
if such additional materials are deemed necessary for a complete assessment
of the special use.
D.
The Planning Board may waive special use permit application requirements,
as it deems appropriate. Prior to issuing a decision, all waived requirements
shall be noted by the Planning Board in a resolution determining the
application to be complete.
A.
Public hearing and notice required.
(1)
A public hearing shall be held by the Planning Board prior to issuing
a decision on any special use permit application.
(2)
Such hearing shall be duly noticed by the Village of Avon as provided
for by the NYS Village Law.
(3)
The applicant shall serve all owners of real property within 200
feet of the subject property with a copy of the notice of public hearing
and shall file an affidavit of service to all such owners with the
Planning Board.
(4)
All public notices shall be made at least 10 days prior to the date
of public hearing.
B.
Planning Board decision.
(1)
Upon review of an application, the Planning Board shall issue a decision
of approval, approval with conditions, or denial.
(2)
Applications shall be reviewed based on all applicable criteria within
this chapter as well as all other applicable local, county, state,
or federal laws and regulations.
(3)
All decisions shall contain written findings explaining the rationale
for the decision with respect to the standards contained in this chapter.
The minutes of the Planning Board meeting(s) may satisfy this requirement.
(4)
The decision and findings shall be filed with the Village Clerk and
provided to the applicant within five days of the date of decision.
(5)
In all cases, the burden is on the applicant to show that an application
complies with all applicable review or approval criteria of this chapter.
C.
Referrals.
(1)
The Village shall refer all materials to the Livingston County Planning
Board pursuant to the NYS General Municipal Law.
(2)
The Planning Board may refer any application to another Village Board,
committee, department, or official for review and comment. Within
30 days of referral the receiving board shall issue its recommendations
in writing to the Planning Board.
A.
In reaching a decision, the Planning Board shall consider and determine,
either from its own knowledge and investigation or from testimony
or other information submitted to it, written findings on whether
the proposed use will:
(1)
Be generally consistent with the goals of the Village Comprehensive
Plan;
(2)
Meet all relevant standards, guidelines, and requirements set forth in this chapter, including any applicable requirements of § 30-68;
(3)
Not cause there to be any significant decrease in the future economic
viability of the property;
(4)
Provide adequate measures (such as landscaping and screening) to
mitigate potential adverse impacts on surrounding property and preserve
or enhance the traditional character of the Village;
(5)
Not have an undue burden or effect on the orderly development and
character of the neighborhood or upon the development and conduct
of other lawful uses in the vicinity;
(6)
Not be a nuisance to adjacent residents and property in terms of
the production of obnoxious or objectionable noise, dust, glare, odor,
refuse, fumes, vibrations, traffic, crowds, parking of automobiles,
unsightliness, contamination or other similar conditions;
(7)
Not cause undue harm to or destroy existing sensitive natural features
on the site or in the surrounding area or cause adverse environmental
impacts, such as significant erosion and/or sedimentation, slope destruction,
flooding or ponding of water, or degradation of water quality;
(8)
Not destroy or adversely impact significant historic and/or cultural
resource sites; and
(9)
Not otherwise be detrimental to the convenience and general health,
safety, or welfare of the public.
B.
Failure to meet one or more of the above criteria may result in denial
of an application.
A.
A special use permit shall authorize only one special use and shall
expire if the special use ceases operation for more than six consecutive
months for any reason.
B.
Proposed amendments or revisions to an approved special use permit
shall be subject to review and approval in accordance with this article.
The issuance of a new, updated special use permit shall be required.
C.
The Code Enforcement Officer may revoke a special use permit if the
applicant violates the conditions of the approval or engages in any
construction, operation, or alteration not authorized by the approval.
D.
The violation of the conditions of an approval shall be deemed a
violation of this chapter and shall be subject to enforcement action
as provided herein.
The following requirements shall be applicable to each use as
noted, regardless of whether or not a special use permit is required.
During the review of a special use permit application, it shall be
the responsibility of the applicant to demonstrate conformance with
all applicable requirements contained herein.
A.
Accessory dwelling units.
(1)
The purpose of regulating accessory dwelling units is to:
(a)
Create new housing units while respecting the look and scale
of single-family residential development;
(b)
Increase the housing stock of existing neighborhoods in a manner
that is less intense than alternatives;
(c)
Allow more efficient use of existing housing stock and public
infrastructure;
(d)
Provide a broader range of affordable housing opportunities
and mix of housing options that respond to changing family needs and
smaller households; and
(e)
Offer a means for residents, particularly seniors, single parents,
and families with grown children, to remain in their homes and neighborhoods
and obtain extra income, security, companionship, and services.
(2)
General requirements.
(a)
Site plan review shall be required for the establishment of
an accessory dwelling unit.
(b)
No more than one accessory dwelling unit may be established
ancillary to a single-family residential dwelling, located either
in the principal dwelling structure (attached) or in an accessory
structure (detached).
(c)
An accessory dwelling unit may include no more than two bedrooms.
(d)
Any new separate outdoor entrance serving an accessory dwelling
unit shall be located on the side or in the rear of the building lot
for an accessory dwelling unit that is in or attached to the primary
residential dwelling.
(e)
Detached accessory dwelling units shall comply with all accessory
structure requirements of this chapter, including, but not limited
to, size, setback, lot coverage, and height restrictions. An accessory
dwelling unit shall not be permitted in a nonconforming accessory
structure.
(f)
Under no circumstances may a detached accessory dwelling unit
be separated from or subdivided from the parcel containing the primary
residential unit.
(g)
An accessory dwelling unit shall be designed to maintain the
architectural design, style, appearance, and character of the primary
residential unit. Any addition must be consistent with the existing
facade, roof pitch, siding and windows of the primary residential
unit. Any addition shall not exceed the height of the primary structure.
(3)
Owner-occupancy requirements.
(a)
One of the dwelling units on the parcel shall be occupied by
one or more owners of the property as a permanent residence for at
least nine months out of the year and at no time may receive rent
for more than one unit on the parcel.
(b)
The property owner(s) shall sign an affidavit before a notary
public affirming that the owner occupies either the principal residential
unit or the accessory dwelling unit and submit it to the Code Enforcement
Officer.
(c)
When a parcel containing an accessory dwelling unit is sold
or ownership transferred, the new owner(s), if they wish to continue
to rent or lease one of the units, must within 30 days of the sale,
submit a notarized letter to the Code Enforcement Officer stating
that they will occupy one of the dwelling units on the parcel as their
primary residence, except as provided for in the provisions of this
chapter.
(d)
The individual sale of any accessory dwelling unit apart from
the principal use is strictly prohibited.
B.
Accessory structures and uses. Accessory structures and uses are
permitted in any zoning district in connection with any principal
use lawfully existing within such district.
(1)
General standards. Accessory uses and structures shall:
(a)
Not be established or constructed until the primary use or structure
is constructed.
(b)
Be clearly incidental and subordinate to the principal structure
or use by height, area, extent, and purpose.
(c)
Not be located in any required front yard area.
(d)
Be in conformance with the height and setback restrictions of
the applicable zoning district, and shall not cause the rate of overall
lot coverage to exceed the maximum rate permitted.
(e)
Be finished with materials and/or siding that is consistent
and compatible with the existing character of the principal structure
and surrounding residential neighborhood.
(f)
Maintain a separation of at least 10 feet from the principal
building, in the case of a detached accessory structure or use.
(g)
Not obstruct, block, or force the enclosure of any structural
opening (windows, doors, etc.), porch, deck, or terrace or vehicular
or pedestrian access.
(2)
Residential accessory uses and structures. The following shall be
considered permissible residential accessory uses or structures for
the purposes of this chapter.
(a)
Decks, patios, or terraces.
(b)
Residential garages or carports and enclosed storage structures,
such as sheds.
(c)
Playgrounds or playhouses.
(d)
Noncommercial nurseries, gardens, or greenhouses.
(e)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of residents within the dwelling and the
general public.
(f)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(g)
Radio or dish antennas limited to one meter or less in diameter.
(h)
Home solar energy systems or green infrastructure installations,
such as rain barrels, rain gardens, or bioswales.
(i)
Personal or home electric vehicle charging stations.
(j)
Off-street parking areas for two-family or multifamily dwelling
developments.
(k)
Other uses and structures deemed to be similar in nature by
the Code Enforcement Officer.
(3)
Nonresidential accessory uses and structures. The following shall
be considered permissible nonresidential accessory uses or structures
for the purposes of this chapter.
(a)
Commercial vending machines, screened from adjacent residential
property.
(b)
Decks, patios, and terraces associated with a permitted outdoor
seating or assembly area.
(c)
Garages or carport, and enclosed storage structures, such as
sheds.
(d)
Playgrounds or playhouses.
(e)
Nurseries, gardens, or greenhouses.
(f)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of employees, patrons, and the general
public.
(g)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(h)
Dish or radio antennas limited to two meters or less in diameter,
when screened from public view and adjacent residential property.
(i)
Noncommercial solar energy systems or green infrastructure installations,
such as rain barrels, rain gardens, or bioswales.
(j)
Wind energy conversion systems located in the rear yard.
(k)
Off-street parking and loading areas, including electric vehicle
charging stations.
(l)
Walkup service windows.
(m)
Other uses and structures deemed to be similar in nature by
the Code Enforcement Officer.
C.
Adult uses. The purpose of this section is to provide standards for the safe provision of adult uses and to minimize any potential adverse effects which may result from the siting of such businesses within the Village (see the Light Industrial District Table, included as an attachment to this chapter). No adult use shall be established until it has been issued a special use permit and has proven compliance with the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
No adult use shall be permitted in a building or any part of which
is used for residential purposes.
(2)
No adult use shall be within 500 linear feet of the following, as
measured in a straight line from the nearest property line of the
existing use to that of the adult use:
(a)
Any residential dwelling or building containing residential
units;
(b)
Any residential or day care facility;
(c)
Any place of worship;
(d)
Any public or private school;
(e)
Any school or public bus stop or shelter; and
(f)
Any place of public assembly, including but not limited to public
parks, recreational facilities, health facilities, or community centers.
(3)
Once an adult use has been established in a location and it lawfully remains in continuous operation at that location, the subsequent placement of any use or business set forth in Subsection C(2) above within the distances set forth in these subsections shall not operate to impair, restrict or terminate the adult use special use permit or any renewals thereof.
(4)
The exterior of any adult use shall be consistent with the character
of surrounding structures and shall not detract from the appearance
of the district in which it is located.
(5)
All adult uses shall be conducted within enclosed buildings. No specific
anatomical area or any specified sexual activity, nor any display,
decoration, sign or similar depiction of specified sexual activities
or specified anatomical areas, shall be visible from the outside of
any building containing an adult use.
(6)
Sound and noise shall be kept at a level so that it cannot be discerned
by the public from any public areas.
(7)
Landscaping and screening of adult use property shall be provided
to the satisfaction of the Planning Board.
(8)
No adult use shall exceed 5,000 square feet in total floor area.
(9)
The Code Enforcement Officer or their designee shall have the right
to inspect the premises of adult uses for the purpose of ensuring
compliance with any section of this chapter or any other applicable
law, rule, or regulation at any time said use is open for business
or with at least 24 hours of notification.
D.
Bed-and-breakfasts (B&Bs).
(1)
A B&B shall only be permitted in an owner-occupied single-family,
detached dwelling of at least 1,600 square feet. A B&B shall not
be permitted in a nonconforming single-family dwelling.
(2)
No more than one nonresident of the premises may be an employee of
the operation.
(3)
There shall be no more than eight adult guests at any one time.
(4)
The maximum stay of guests shall be no more than 14 consecutive days.
(5)
Parking areas may not be located in the front yard. Such parking
shall be screened from adjacent properties and the public right-of-way
to the satisfaction of the Planning Board.
(6)
There shall be no change in the outside appearance of the building
or premises that detracts from the residential character of the residence
or from the residential character of the neighborhood or other visible
evidence of the conduct of such B&B.
E.
Car washes.
(1)
The site area traveled by vehicles shall be hard-surfaced with pervious
or impervious paving material that does not release dust or debris.
(2)
Landscaping and screening shall be provided to the satisfaction of
the Planning Board. In no case shall the perimeter landscaping be
less than 10 feet in width along street frontages or where adjacent
to a residential district or use.
(3)
Lanes or parking areas for vehicles waiting for service shall be
provided on-site and shall not occur on a public street or highway.
(4)
The premises shall not be used for the sale, rent, or display of
automobiles, trailers, mobile homes, boats or other vehicles.
F.
Day care facilities.
(1)
No day care shall be permitted without completion of the proper license
and/or registration requirements where required by NYS or Livingston
County law.
(2)
In a nonresidential district, all buildings, structures and areas
of organized activity, such as play areas, swimming pools, etc., shall
maintain a setback of at least 15 feet from all property lines.
(3)
In a residential district, all buildings, structures and areas of
organized activity, such as play areas, swimming pools, etc., are
prohibited in the front yard. Such uses shall maintain a setback of
at least 30 feet from side or rear property lines.
(4)
Outdoor floodlighting or public-address systems are prohibited.
G.
Drive-throughs.
(1)
Drive-throughs shall be located in such a way as to minimize the
impact on pedestrian circulation routes and on adjoining residential
districts or uses, to the greatest extent practicable.
(2)
Drive-throughs shall be designed in such a way as to be visually
unobtrusive and shall be lighted in such a way as to minimize the
impact on adjoining properties.
(3)
No use shall have more than one drive-through facility.
(4)
Drive-throughs shall be prohibited in the front yard and shall not
be located to prevent direct pedestrian access from the public right-
of-way to the principal building.
(5)
When adjacent to residential districts or uses, drive-throughs, including
both the facility and queuing lanes, shall be screened from the adjacent
residential properties.
H.
Gasoline service stations.
(1)
No part of any building and no filling pump, lift, or other service
appliance shall be erected within 25 feet of any residential district.
(2)
No gasoline or oil pump, oiling or greasing mechanism or other service
appliance shall be installed in connection with any gasoline service
station within 15 feet of any street line unless contained within
a completely enclosed building.
(3)
Where a gasoline station abuts a residential district or use, it
shall be screened by a buffer area no less than 10 feet in depth,
composed of densely planted evergreen shrubbery, solid fencing, or
a combination of both to the satisfaction of the Planning Board. Such
buffer screen shall have a minimum height of five feet above finished
grade. If such vegetative buffer becomes decayed and fails to provide
the adequate screen, the Code Enforcement Officer may direct the property
owner to replace said vegetation.
(4)
Entrance or exit driveways shall be located at least five feet from
any side or rear property line. Such driveways shall be so laid out
as to avoid the necessity of any vehicle backing across any right-of-way.
(5)
Premises shall not be used for the sale, rent, or display of automobiles,
trailers, mobile homes, boats or other vehicles.
I.
Home occupations.
(1)
Permitted home occupations include, but shall not be limited to,
a lawyer, accountant, author, doctor, engineer, dentist, architect,
consultant, realtor, insurance agent/broker, counselor, artist, photographer,
teacher, tutor, beautician, barber, tailor, dressmaker, and repair
person.
(2)
Prohibited home occupations include those that would generate adverse
impacts to or be incompatible with the existing character of a residential
neighborhood. These uses include, but are not limited to, ambulance
services, animal care services, and vehicle sales or repair.
(3)
The home occupation shall be owned and operated by a full-time resident
of the dwelling and shall operate wholly within an enclosed structure.
A home occupation may not be conducted in any accessory structure.
(4)
Employees of the home occupation shall be limited to residents of
the premises.
(5)
A home occupation must be clearly incidental and secondary to the
use of the dwelling and shall be permitted to occupy no more than
30% of the residence.
(6)
The operation of a home occupation shall in no way change or alter
the residential appearance or character of the premise or neighborhood
in which it is located.
(7)
There shall be no exterior display or storage of materials, good,
supplies, or equipment related to the operation of the home occupation.
(8)
No home occupation shall be conducted in such a manner as to produce
noise, dust, vibration, glare, smoke, or smell, electrical, magnetic
or other interference, fire hazard, or any other nuisance not typically
found in a residential neighborhood.
(9)
On-site retail sales shall be prohibited.
(10)
Deliveries on residential streets shall be permitted by two-axle
vehicles only.
J.
Mobile home parks. Mobile homes shall be permitted only in licensed
mobile home parks which are operated by a duly licensed mobile home
park operator. Mobile home parks shall be subject to the following
regulations and licensing provisions.
(1)
License required.
(a)
A mobile home park license must be obtained from and filed with
the Code Enforcement Officer on such forms provided by the Village.
All license applications shall be accompanied by the required application
fee as determined by the Village Board.
(b)
No mobile home park operator shall be issued a license until a site plan application has been filed and approved in accordance with Article XII of this chapter.
(c)
Any violation of this chapter and any section or part thereof
may, in addition to other penalties herein provided, result in the
suspension or revocation of the license by the Code Enforcement Officer.
(2)
Minimum park area. A mobile home park site shall be at least 25 acres.
(3)
Individual lot requirements. Every lot and structure proposed within
a mobile home park shall meet the requirements of Table 30-68J below.
|
Table 30-68J
| |
|---|---|
|
Dimension
|
Requirement
|
|
Individual lot
| |
|
Minimum area
|
6,000 square feet
|
|
Minimum width
|
50 feet
|
|
Minimum front yard
|
15 feet
|
|
Minimum side yard
|
10 feet
|
|
Minimum rear yard
|
15 feet
|
|
Mobile home unit
| |
|
Minimum floor area
|
500 feet
|
|
Maximum height
|
25 feet
|
|
Accessory structure
| |
|
Maximum floor area
|
100 square feet
|
|
Maximum height
|
10 feet
|
|
Minimum side/rear setback
|
5 feet
|
(4)
Development standards.
(a)
Each mobile home shall be provided with an entrance platform
of concrete, asphalt or equivalent, at least eight feet by 20 feet
and four inches in depth. This platform will be located at the main
entrance to the mobile home and may act as base for railings and steps
for mobile homes. This platform may also be called the "patio area."
(b)
Each mobile home owner shall be required to enclose the bottom
portion of the mobile home with either a metal or wood skirt or enclosure
within 30 days of arrival in the park.
(c)
Sidewalks shall be required from the street to the entrance
of a mobile home. Said sidewalk must be of concrete, macadam, or hard
surface.
(d)
Fences, walls, and screening shall be required throughout a
mobile home park to the satisfaction of the Planning Board.
(e)
Proper landscaping including trees and shrubs shall be by mutual
agreement with Planning Board and park developer. As a minimum, there
shall be one tree per lot.
(f)
Access entrance roads connecting the mobile home park streets
with a public road shall have a minimum road width and right-of-way
as established in the street regulations of the Village. It is recommended
that a separate access and egress be provided where appropriate. The
road shall be constructed of blacktop or equivalent.
(g)
The width of all internal streets must be at least 20 feet,
with an additional five-foot right-of-way provided on each side.
(h)
All streets shall be constructed of blacktop or equivalent of
same and shall be designed, graded and leveled as to permit the safe
passage of emergency and other vehicles at a speed of 15 miles per
hour.
(i)
Streets and parking areas should be illuminated from dusk to
dawn with such lighting meeting the recommendations of the utility
company.
(j)
Service buildings shall be consolidated so that essential services
and management operations are located in one building.
(k)
Each mobile home park shall provide evenly distributed and centrally
located sanitary disposal centers, preventing litter of ground and
premises with rubbish, garbage and refuse. Each mobile home shall
deliver to these disposal centers all rubbish, garbage and refuse
in disposable containers.
(5)
Parking requirements.
(a)
Each mobile home lot must have two parking spaces, preferably
off-street.
(b)
Parking facilities may be provided so that each mobile home
lot would have one off-street parking area. A common parking area
may be utilized for second vehicle parking area and guest parking
and for delivery and service vehicles.
(c)
Each parking space must be at least 160 square feet in area.
(d)
No boats, camp haulers, trailers, or motor vehicles not designed
for passengers shall be parked or stored at any place within the mobile
home park, nor parts thereof, nor shall junks of any nature or description
be parked or stored within the mobile home park.
(6)
Recreation areas and open space.
(a)
Every mobile home park shall have a minimum of 5,000 square
feet of recreation area for the public use of persons living in the
park and no less than 200 square feet per mobile home.
(b)
The Planning Board, as a condition of approval, may establish
such conditions on the ownership, use and maintenance of open spaces
as it deems necessary to assure the preservation of such open spaces
for their intended purposes.
(c)
It is recommended that this recreation area be centrally located,
but other areas may be better utilized for this purpose, depending
on topography and location of the mobile home park.
(d)
Design of such areas shall be appropriate for intended use and
location.
(7)
Water service. An adequate supply of water shall be provided for
mobile homes, service buildings and other accessory buildings as required
by this chapter. Where public water is available, connection shall
be used exclusively, unless local authorities deem otherwise. If a
public water supply system is not available, the development of a
private water supply system shall be approved by the health authority
or other authorities having jurisdiction thereof.
(8)
Sewer service. A sewer system shall be provided in all parks for
conveying and disposing of sewage from mobile homes, service buildings
and other accessory facilities in accordance with all NYS Department
of Health requirements.
(9)
Individual lot sales prohibited. No mobile home lot shall be sold
within a mobile home park.
(10)
Management duties. Every mobile home park shall be under the
direct management of the owner or licensee or their agent or representative.
Such person or persons shall:
(a)
Operate such park from an office located within the park;
(b)
Maintain a bound book containing a record of the names of all
persons accommodated at the park and their home address;
(c)
Maintain an accurate record of the make, model number and year
of each mobile home;
(d)
Provide adequate supervision to maintain the park and keep its
facilities and equipment in good repair and in a clean, sanitary condition;
(e)
Provide for adequate snow removal on all streets;
(f)
Provide for adequate garbage, rubbish and trash collection;
and
(g)
Provide to the Tax Assessor, within 14 days following the arrival
of any mobile home, the information called for by the Tax Assessor,
and shall also notify the Assessor within 14 days following the departure
of any mobile home from the mobile home court.
K.
Multifamily dwellings, by conversion. The conversion of an existing
single- or two-family dwelling to a multifamily dwelling shall be
subject to the following requirements:
(1)
No conversion shall be permitted in a structure with less than 2,000
square feet of gross floor area.
(2)
No conversion shall be permitted which results in a dwelling unit
having less than the minimum habitable floor area required by Table
30-68K below.
|
Table 30-68K
| |
|---|---|
|
Number of Bedrooms Per Unit
|
Minimum Unit Size
(square feet)
|
|
0 (studio) to 1
|
500
|
|
2
|
750
|
|
3
|
950
|
(3)
Any alterations made to the exterior of the building due to the unit
conversion shall be completed in such a way to preserve the single-family
residential character of said building and neighborhood.
(4)
No conversion shall be permitted unless the property is able to comply,
after such conversion, with all off-street parking requirements of
this chapter. No off-street parking spaces shall be provided in a
front yard area, except for the use of existing driveways.
L.
Outdoor sales and display. The following requirements shall only
apply to nonresidential use outdoor sales or display areas:
(1)
Such areas shall not exceed 10% of the gross floor area of the primary
structure.
(2)
Such areas shall not block automotive traffic, sidewalks, fire lanes,
or other travel lanes.
(3)
Such areas shall be allowed adjacent to a principal building wall
and extending to a distance no greater than 10 feet from the wall.
(4)
Such areas shall not be permitted to block windows, entrances, or
exits and shall not impair the use the building.
(5)
Such areas shall be used for the sale of merchandise and not for
storage purposes.
M.
Outdoor storage. The following requirements shall only apply to nonresidential
use outdoor storage areas:
(1)
Such areas are not permitted in residential districts.
(2)
Such areas shall not occupy more than 15% of the lot if located within
a business district.
(3)
Such areas shall be fully screened to ensure the area is not visible
from the public right-of-way and adjacent residential uses or districts.
(4)
Such areas shall not be allowed in the front yard setback.
(5)
The storage of contractor material and equipment must maintain a
setback of at least 50 feet from any adjacent residential use or district.
N.
Public utilities. No special use permit shall be issued unless the
Planning Board determines that:
(1)
The proposed installation in specific location is necessary and convenient
for the efficiency of the public utility system or the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
(2)
The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the district
in which it is located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
A buffer strip 10 feet in width shall be provided around the perimeter
of the property to the satisfaction of the Planning Board.
(5)
All of the area, yard and building coverage requirements of the respective
district will be met.
O.
Vehicle sales.
(1)
The sales area shall be suitably graded and drained and maintained
in a neat and orderly manner. The use of pervious paving materials
is encouraged.
(2)
The number of vehicles that may be for sale on the premises must
be specified on the special use permit. An increase in the number
of vehicles to be sold shall require a new permit.
(3)
Sufficient screening shall be provided along all lot lines abutting
or adjacent to a residential use or district to block any view of
operations from such residential property when viewed from ground
level.
(4)
No repairs, other than minor repairs, shall be performed on the premises.
All maintenance, service, and repairs of motor vehicles shall be performed
within an enclosed structure. No motor vehicle parts or partially
dismantled motor vehicles shall be stored outside of an enclosed structure
or screened area.
(5)
No vehicles shall be displayed for sale within 10 feet of any property
line that abuts a residential district or use. Such ten-foot buffer
area shall be landscaped with evergreen trees, shrubbery, solid fence,
or combination thereof to the satisfaction of the Planning Board.
P.
Vehicle service or repair shops.
(1)
No service or repair shop shall be located within 500 feet of any
public entrance to a church, school, library, hospital, charitable
institution, or public place of assembly. Such distance shall be measured
in a straight line from said public entrance to the lot line nearest
said entrance along the street line.
(2)
No repair work may be performed outside of an enclosed structure,
unless such activity is performed in a paved rear yard and fully screened
from adjacent residential properties and public view.
(3)
No vehicle parts or supplies or dismantled or disabled vehicles may
be stored outside a building, unless such storage is located in a
paved rear yard and fully screened from adjacent residential properties
and public view.
(4)
Where a service or repair shop abuts a residential district or use,
it shall be screened by a buffer area no less than 10 feet in depth,
composed of densely planted evergreen shrubbery, solid fencing, or
a combination of both to the satisfaction of the Planning Board. Such
buffer screen shall have a minimum height of five feet above finished
grade. If such vegetative buffer becomes decayed and fails to provide
the adequate screen, the Code Enforcement Officer may direct the property
owner to replace said vegetation.
(5)
Storage areas for vehicles shall be provided on-site and shall not
occur on a public street or highway. Not more than five vehicles shall
be stored outdoors overnight.
Q.
Telecommunication towers.
(1)
The purpose of this section is to provide for the safe provision
of telecommunications consistent with applicable federal and state
regulations, to minimize the total number of telecommunication towers
in the community by encouraging shared use of existing and future
towers, and the use of existing tall towers by requiring careful siting,
visual impact assessment, and appropriate landscaping.
(2)
As used in this section, a "telecommunication tower" shall be considered
any structure greater than 35 feet in height which is capable of receiving
and/or transmitting wireless signals for the purpose of communication.
(3)
No telecommunication tower, except those approved prior to the effective
date of this section, shall be used unless in conformity with this
section. No telecommunication tower shall hereafter be erected, moved,
reconstructed, changed or altered unless in conformity with this section.
No existing structure shall be modified to serve as a telecommunication
tower unless in conformity with this section.
(4)
Applicants proposing to co-locate on a previously approved telecommunication tower do not require a special permit. They are, however, subject to site plan review. The Board of Trustees may require the applicant to submit any of the items in Subsection Q(5)(a) as part of the review process.
(5)
At all times, shared use of existing tall structures (for example
multistory buildings, farm silos, etc.), and existing or approved
towers, shall be preferred to the construction of new towers.
(a)
An applicant proposing to share use of an existing tall structure
shall be required to submit:
[1]
A completed application for a special permit.
[2]
Documentation of intent from the owner of the existing facility
to allow shared use.
[3]
A site plan. The site plan shall show all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for new facilities and roads. Any methods used to conceal
the modification of the existing facility shall be indicated on the
site plan.
[4]
An engineer's report certifying that the proposed shared use
will not diminish the structural integrity and safety of the existing
tall structure and explaining what modifications, if any, will be
required in order to certify to the above.
[5]
A completed short EAF and a completed visual EAF addendum.
[6]
A copy of its Federal Communications Commission (FCC) license.
(b)
If an applicant proposing to share use of an existing tall structure
submits complete and satisfactory documentation and if modifications
indicated are deemed insignificant by the Planning Board, the special
use permit process may be completed.
(6)
The Planning Board may consider a new telecommunication tower when
the applicant demonstrates that shared use of existing tall structures
and existing or approved towers is impractical. An applicant shall
be required to present an adequate report inventorying all existing
tall structures and existing or approved towers within a reasonable
distance of the proposed site. This distance shall be determined by
the Planning Board in consultation with the applicant. The report
shall outline opportunities for shared use of these existing facilities
as an alternative to a proposed new tower. The report shall demonstrate
good faith efforts to secure shared use from the owner of each existing
tall structure and existing or approved tower, as well as documentation
of the physical, technical and/or financial reasons why shared usage
is not practical in each case. Written requests and responses for
shared use shall be provided.
(7)
Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection Q(5) above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of Subsection Q(9) through (24) below.
(8)
The Planning Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection Q(5) above and when the Planning Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection Q(7). Any proposal for a new telecommunication tower shall also be subject to the requirements of Subsection Q(9) through (24) below.
(9)
New towers; future shared use.
(a)
The applicant shall design a proposed new telecommunication
tower to accommodate future demand for reception and transmitting
facilities.
(b)
The applicant shall submit to the Planning Board a letter of
intent committing the owner of the proposed new tower, and his/her
successors in interest, to negotiate in good faith for shared use
of the proposed tower by other telecommunication providers in the
future. This letter shall be filed with the Building Inspector prior
to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the special
permit.
(c)
The letter shall commit the new tower owner and his/her successors
in interest to:
[1]
Respond within 90 days to a request for information from a potential
shared use applicant.
[2]
Negotiate in good faith concerning future requests for shared
use of the new tower by other telecommunication providers.
[3]
Allow shared use of the new tower if another telecommunication
provider agrees in writing to pay reasonable charges. The charges
may include but are not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
[4]
Allow for shared use for all municipal emergency services without
charge.
(10)
Site plan review submission requirements.
(a)
An applicant shall be required to submit a site plan in accordance with Article XII of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower, guy wire and anchors, anticlimb devices, antennas, parking and landscaping, grading plans for new facilities and roads, manufacturer's design data and installation instructions, and proposed maintenance procedures.
(b)
The applicant shall submit a complete short EAF, a complete
visual environmental assessment form (visual EAF addendum), and documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower and justification for any clearing required.
The applicant shall also submit a copy of its Federal Communications
Commission (FCC) license.
(11)
Lot size and setbacks.
(a)
All proposed telecommunication towers and accessory structures
shall be located on a single parcel and shall be set back from abutting
parcels and street lines a distance sufficient to substantially contain
on-site all ice-fall or debris from tower failure and preserve the
privacy of any adjoining residential properties.
(b)
Lot size of parcels containing a tower shall be determined by
the amount of land required to meet the setback requirements. If the
land is to be leased, the entire area required shall be leased from
a single parcel unless the Planning Board determines that this provision
may be waived.
(c)
Telecommunication towers shall comply with all existing setback
requirements of the underlying zoning district or shall be located
with a minimum setback from any property line equal to 1/2 of the
height of the tower, whichever is greater.
(d)
Accessory structures shall comply with the minimum setback requirements
in the underlying zoning district.
(12)
Visual impact assessment. The Planning Board may require the
applicant to undertake a visual impact assessment which may include:
(a)
A zone of visibility map shall be provided in order to determine
locations where the tower may be seen.
(b)
Pictorial representations of before and after views from key
viewpoints both inside and outside of the Village, including but not
limited to state highways and other major roads, and from any other
location where the site is visible to a large number of visitors or
travelers. The Planning Board shall determine the appropriate key
sites at a presubmission conference with the applicant.
(c)
Assessment of alternative tower designs and color schemes, as described in Subsection Q(13) below.
(d)
Assessment of the visual impact of the tower base, guy wires,
accessory buildings and overhead utility lines from abutting properties
and streets.
(13)
New tower design. Alternative designs shall be considered for
new towers, including lattice and single-pole structures. The design
of a proposed new tower shall comply with the following:
(a)
Any new tower shall be designed to accommodate future shared
use by other telecommunication providers and municipal emergency services.
(b)
Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes its degree
of visual impact.
(c)
The maximum height of any new tower shall not exceed that which
shall permit operation without artificial lighting of any kind or
nature, in accordance with municipal, state, and/or federal law and/or
regulation. The Planning Board, at its discretion, may modify this
requirement if the applicant can justify the need to exceed this height
limitation.
(d)
The Planning Board may request a review of the application by
a qualified engineer in order to evaluate the need for, and the design
of, any new tower.
(e)
Accessory structures shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
(f)
No portion of any tower or accessory structure shall be used
for a sign or other advertising purpose, including but not limited
to, company names, phone numbers, banners, and streamers.
(15)
Screening.
(16)
Access.
(a)
Adequate emergency and service access shall be provided. Maximum
use of existing roads, public or private, shall be made.
(b)
Road construction shall, at all times, minimize ground disturbance
and vegetation cutting.
(c)
Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
(17)
Parking. Parking shall be available to assure adequate emergency
and service access.
(18)
Fencing. The tower and any accessory structures shall be adequately
enclosed by a security fence, design of which shall be approved by
the Planning Board. This requirement may be waived by the Planning
Board if the applicant demonstrates that such measures are unnecessary
to ensure the security of the facility.
(19)
Removal.
(a)
The applicant shall submit to the Planning Board a letter of
intent committing the tower owner, and his/her successors in interest,
to notify the Building Inspector within 30 days of the discontinuance
of use of the tower. This letter shall be filed with the Building
Inspector prior to issuance of a building permit (assuming the telecommunication
tower is approved according to this section).
(b)
Obsolete or unused towers and accessory structures shall be
removed from any site within four months of such notification.
(20)
Intermunicipal notification for new towers. In order to keep
neighboring municipalities informed, and to facilitate the possibility
of directing that an existing tall structure or existing telecommunication
tower in a neighboring municipality be considered for shared use,
and to assist in the continued development of County 911 services,
the Planning Board shall require that:
(a)
An applicant who proposes a new telecommunication tower shall
notify in writing the legislative body of each municipality that borders
the Village of Avon and the Livingston County Planning Board.
(b)
Notification shall include the exact location of the proposed
tower and a general description of the project, including, but not
limited to, the height of the tower and its capacity for future shared
use.
(c)
Documentation of this notification shall be submitted to the
Planning Board at the time of application.
(21)
Notification of nearby landowners.
(a)
The applicant shall be required to mail notice of the public
hearing directly to all landowners whose property is located within
500 feet of the property line of the parcel on which a new tower is
proposed.
(b)
Notification, in all cases, shall be made by certified mail.
(c)
Documentation of this notification shall be submitted to the
Planning Board prior to the public hearing.
(22)
Emergency services. Adequate provision shall be made such that
all municipal emergency services may be located upon the tower and
used without charge.
(23)
Review fees. In addition to the application fee, the applicant
shall be responsible for any and all expert fees incurred by the Village
in the review of the application, including engineering fees. No certificate
of occupancy or certification of completion or compliance shall be
issued until all fees are paid.
(24)
Emissions. Any signals or emissions from any tower or wireless
telecommunication facilities attached thereto shall conform to all
Federal Communications Commission standards on emissions.
R.
Microbreweries, farm breweries and craft breweries.
[Added 10-4-2021 by L.L.
No. 1-2021]
(1)
A "microbrewery,"
"farm brewery" or "craft brewery" shall be defined as an establishment
where beer and malt beverages are made on the premises and then sold
on the premises, either for consumption on-site or for customers to
purchase on-site.
(2)
In addition to the information required in the special use permit application and enumerated in §§ 30-94 and 30-95 of this chapter, the application must also include the following information:
(a)
Proof of proper licensure by the New York State Liquor Authority
and compliance with New York State's Alcoholic Beverage Control (ABC)
Law.
(b)
A sketch of the layout of the premises, including the location of
production of the beer/malt beverages and the location of the areas
of consumption of the beer/malt beverages.
(c)
A proposed schedule of hours of operation, both for production and
customer consumption.
(d)
Any other information requested by the Zoning Enforcement Officer,
Planning Board, Zoning Board of Appeals, and/or Village Board of Trustees.
(3)
Nothing
herein shall limit or inhibit the Planning Board, Zoning Board of
Appeals, and/or Village Board of Trustees from imposing conditions
or restrictions on any approved special use permit.
