This chapter shall be known as the "Zoning Ordinance
of the Town of Avon."
The purpose of this chapter is to encourage
the most appropriate use of land throughout the Town and to conserve
the value of property, with due consideration for the character of
the zones 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 Town.
A.
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 number, and all words in the singular
number include the plural number, unless the natural construction
of the word indicates otherwise. The word "person" includes a firm,
association, organization, partnership, trust, company or corporation
as well as an individual. The word "shall" is mandatory and directory.
The word "may" is permissive. The word "used" includes "designed,
intended or arranged to be used."
B.
In interpreting, construing and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the protection of the public health, safety, convenience, prosperity
and general welfare of the public. It is not intended that this chapter
shall interfere with or abrogate or annul any easements, covenants
or other agreements between parties; however, where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of buildings or requires larger yards, courts or other
open spaces than are imposed or required by such existing provisions
of law or by such easements, covenants or agreements, the provisions
of this chapter shall control.
The regulations, restrictions, uses and boundaries
provided in this chapter and the Official Map may be amended, supplemented,
changed, modified or repealed in accordance with the provisions of
§§ 264 and 265 of the Town Law and all other applicable
provisions of law.
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle shall be deemed to be an abandoned vehicle
if left unattended:
[Added 9-8-2005 by L.L. No. 3-2005]
With no number plates affixed thereto, for more
than six hours on any highway or other public place;
For more than 24 hours on any highway or other
public place, except a portion of a highway or public place on which
parking is legally permitted;
For more than 48 hours, after the parking of
such vehicle shall have become illegal, if left on a portion of a
highway or public place on which parking is legally permitted;
For more than 96 hours on property of another
if left without permission of the owner.
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 customarily 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 public 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.
A living organism other than a plant or bacterium. Animals
included in the Code of the Town of Avon include amphibians, reptiles,
birds and mammals other than humans.
Animals commonly associated with farm use, including but
not limited to domestic hoofed animals and domestic fowl such as full-sized
horses, cows, pigs, goats, chickens and roosters.
Animals which are customarily kept for personal use or enjoyment
within the home. Household animals shall include but not be limited
to domestic dogs, domestic cats, domestic tropical birds and domestic
rodents.
Any structure housing three or more families or dwelling
units which are not owned by their occupants.
A story partly underground and having more than 1/2
of its floor-to-floor height above the average level of the finished
grade of the building.
An owner-occupied residential dwelling that makes available
sleeping units for overnight accommodations (for no more than 10 days)
to transient paying guests, with or without inclusion of one morning
meal per paying guest as part of the accommodations provided. Sleeping
units shall have no provisions for cooking.
A residential dwelling where three or more persons are housed
or lodged for hire, with or without meals.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels, and intended for the shelter,
housing or enclosure of persons, animals or chattel.
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 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.
Any area of land on which are located two or more cabins,
tents, trailers, shelters or other accommodations of a design or character
suitable for seasonal or other temporary living purposes.
A parcel of land used or intended to be used, let or rented
for occupancy by campers utilizing tents, campers, camping coaches
or other such forms of temporary or movable dwellings.
An area partly underground and having more than 1/2
of its clear height below the average level of the finished grade
of the building.
A certificate issued by the Building Inspector 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, the New York State Uniform Fire Prevention and Building
Code and other provisions of the Code of the Town of Avon, as well
as such adjustments thereto granted by the Board of Appeals.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs but maintaining the density limitation imposed
by said minimum lot area through the provision of open space as a
part of the subdivision plan.
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.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional basis.
The mean street grade established by the Town 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.
A building or portion thereof containing three or more dwelling
units and used for occupancy by three or more families living independently
of each other.
A detached building or dwelling unit designed for or occupied
exclusively by one or more persons living as a single, nonprofit dwelling
unit.
A row of attached or semidetached one-family dwellings or
two-family 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 rooms providing living facilities for one family,
including equipment for cooking, living and sleeping purposes and
provisions for the same.
The mining of limestone, gravel and sand from the earth by
way of surface excavation, from which such product is produced for
sale or exchange, or for commercial, industrial or municipal use.
Also includes any activities or processes used for the extraction
or removal of such minerals from their original location and the preparation
such as washing, cleaning, crushing, stockpiling or other processing
at the excavation operation location that makes the mineral product
suitable for commercial, industrial or construction use. Excavation
operations does not include any form of underground or subsurface
mining of minerals.
[Added 6-23-2022 by L.L. No. 4-2022]
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single, nonprofit
housekeeping unit.
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."
Any parcel of land in excess of 10 acres which has been used
in the preceding two years for the production for sale of agricultural
products, livestock, poultry or dairy products of an average gross
sales value of $10,000 or more. Such farm may include dwelling and
accessory buildings, structures and equipment necessary for the operation
of the farm.
Any parcel of land in excess of five acres where all or part
of the land is used for the production of farm products for private
consumption or for sale with an average gross sales value of less
than $10,000.
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 200º F., closed cup
tester. Class I flammable liquids (e.g. gasoline, ether, liquid petroleum
gas) are those having a flash point below 25º F. Class II flammable
liquids are those having a flash point below 70º F. but not below
25º 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.
The side of a lot abutting on a street, measured along such
street or right-of-way.
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 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.
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
servicing or equipping of automobiles or other motor vehicles.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. The conducting of a clinic,
hospital, barbershop, beauty parlor, tea room, tourist home, animal
hospital or any similar use shall not be deemed to be a home occupation.
The office of a member of a recognized profession when conducted
on residential property, such occupations shall include but not be
limited to those of doctors, lawyers, architects, engineers, artists,
ministers and other recognized professional persons.
Includes storage, manufacture, preparation, processing or
repair of any article, substance or commodity and the conduct of the
industrial trade but shall not mean such preparation, processing or
repair as are customarily applied to articles, substances or commodities
in retail businesses or trade for on-the-premise transactions.
An area, lot or unenclosed shed where junk, waste, discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled, handled or abandoned, including auto wrecking
or dismantling yards, house wrecking yards, used lumber yards and
places or yards for use of salvaged house wrecking and structural
steel materials and equipment; but not including pawn shops and establishments
for the sale, purchase or storage of used furniture, household equipment
and clothing, for the processing of used, discarded or salvaged materials
as part of manufacturing operations or for the sale, purchase or storage
of used motor vehicles or salvaged machinery to be reused for the
purposes for which originally manufactured.
[Amended 9-8-2005 by L.L. No. 3-2005]
Any premises on which four or more dogs over four months
of age are kept.
An off-street space or berth used for the loading or unloading
of commercial vehicles.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be used, developed
or built upon as a unit.
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.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That portion of the lot that is covered by buildings, structures
and impervious surfaces such as sidewalks, driveways and other paved
areas.
The horizontal distance between the front and rear lot lines,
measured at right angles to the front lot line. For lots where the
front and rear lot lines are not parallel, the lot depth shall be
the mean distance between the front and rear lot lines.
A lot configured such that the building site portion of the
lot does not front on or abut a road, and access to the road is by
a strip of the lot which is a minimum of 60 feet in width. Also, called
a "pipe stem" or "pan handle" lot due to its shape. When appropriate,
setbacks are measured from the lot lines which define the rear or
flag portion of the lot, not from the lot lines along the stem or
handle portion.
A lot other than a corner lot.
The property lines bounding the lot. In the case of a lot
abutting on more than one street; the owner may elect any street lot
line the front lot line. The rear line shall be the lot line most
distant from the front lot line.
An interior lot having frontage on two parallel or on two
streets which do not intersect at boundaries of the lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line; or the mean
distance between the side lot lines within the buildable area.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes used for the extraction or removal of such minerals from
their original location and the preparation such as washing, cleaning,
crushing, stockpiling or other processing at the mine location that
makes the mineral product suitable for commercial, industrial or construction
use.
[Added 6-23-2022 by L.L. No. 4-2022]
A structure containing separate storage spaces of varying
sizes leased or rented on an individual basis.
The development of a tract of land or building or structure
with two or more different uses such as, but not limited to, residential,
office, manufacturing, retail, public or entertainment.
A transportable, one-family dwelling equipped for year-round
occupancy and containing the same water supply, waste disposal, heating
and electrical conveniences as immobile housing. The term mobile home
shall include vehicles mounted on temporary or permanent foundations
with or without the wheels, collars or skids in place.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
dwelling purposes.
A commercial establishment providing transient accommodations
with at least 75% of all sleeping rooms or units having direct access
to the outside of the building.
Every vehicle originally designed and intended to be operated,
drawn or driven or capable of being operated, drawn or driven upon
a public highway by any power other than muscular power. For the purposes
of this chapter, the term "motor vehicle" shall include but not be
limited to automobiles, trucks, buses, motorcycles, trailers, recreational
vehicles or other vehicles requiring registration for road or off-road
use.
[Added 6-14-2007 by L.L. No. 3-2007]
A building which in its design or location upon a lot was
lawful prior to the adoption, revision or amendment of this chapter,
but which does not conform to the regulations presently in effect
for the zone in which it is located.
A lot of record the size, dimensions or location of which
was lawful at the date of the passage, revision or amendment of this
chapter, but which fails by reason of such passage, revision or amendment
to conform to the present requirements of the zoning district.
Any use of any building, structure or land which was lawful
prior to the adoption, revision or amendment of this chapter, but
which does not conform to the use regulations presently in existence
in the district in which it is situated.
A facility licensed or approved to provide full-time convalescent
or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves.
An area unobstructed by buildings or parking area, except
for walks, paths, landscaping or other site features.
An area of at least 50 contiguous acres which is to be planned
and developed as a single entity incorporating a combination of residential
uses with one or more public, quasi-public, commercial or industrial
uses.
The Town of Avon Planning Board.
A map, plan or layout of a city, town, section or subdivision
indicating the location and boundaries of individual properties.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board for final approval.
A preliminary map indicating the proposed layout of lots
for a subdivision of land.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
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 medical care.
The line determining the street or highway public limit or
ownership.
A building(s) or structure(s), containing individual, self-contained
units leased for the storage of personal property, goods or materials
in such units. Each unit or storage area can be secured.
[Added 8-12-2021 by L.L. No. 1-2021]
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.
The required minimum distance from the street right-of-way
line to the nearest point of the main or accessory structure.
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.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-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.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
Mining that takes place predominantly below the surface of
the ground, with access through mine shafts or by elevators. Subsurface
or underground mining is a prohibited use in all zoning districts
within the Town of Avon and is not permitted in an area encompassed
by the Excavation Operations Overlay created by this article.
[Added 6-23-2022 by L.L. No. 4-2022]
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
A public 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.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
other units by common walls.
The value of a property as a dollar amount derived from the
assessed value shown on the tax card, divided by the equalization
rate prescribed by the state, as shown in the following example:
|
assessed value
| |
|
--------------------- = true
value
| |
|
equalization rate
|
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A usually large wooden or stone outbuilding constructed on or before 1950, previously or presently used for agricultural purposes such as the storage of crops or feed and the housing of livestock or farm equipment. This definition is intended only for purposes of giving effect to § 130-11D(8) of the Town of Avon Zoning Chapter.
[Added 9-24-2015 by L.L.
No. 2-2015]
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on a lot line.
The officially established Zoning Board of Appeals of the
Town of Avon.
A permit issued by the Building Inspector stating that the
purpose for which a building or land is to be used is in conformity
with the uses permitted and all other requirements under this chapter
and the Code of the Town of Avon for the zone in which it is located
or is to be located.
[1]
Editor’s Note: The definitions of “sign
area,” “signboard, billboard, off-premises advertising,”
and “sign, on-premises advertising,” were repealed 9-8-2005
by L.L. No. 3-2005.
