A.
Whereas the necessity for certain specific uses is recognized, and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and general welfare of the community if located without consideration to the existing conditions and surroundings, the following standards and proceedings are hereby established. The following standards and proceedings are intended to provide the Zoning Board of Appeals with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter. The Zoning Board of Appeals shall review and administer applications for the following uses according to procedures spelled out for the Zoning Board of Appeals under Article X of this chapter. Application procedures may be found in § 130-45B of this chapter.
B.
In granting approval of any special use, the Zoning
Board of Appeals shall take into consideration the public health,
safety and welfare, the comfort and convenience of the public in general
and of the residents in the immediate vicinity in particular. The
Board may prescribe such appropriate conditions and safeguards as
may be required in order that the result of its action shall, to the
maximum extent possible, further the expressed intent of this chapter
and the intent of the district in which approval is being sought.
(1)
Conditions of use. The Zoning Board of Appeals shall
require that the following conditions are met before granting a special
use permit:
(a)
The proposed use will not have an adverse effect
on the orderly development and character of the neighborhood and upon
the development and conduct of other lawful uses in the vicinity.
(b)
The proposed use will be in harmony with the
existing and probable future development of the vicinity in which
the premises are situated.
(c)
The proposed use will not be a nuisance in law
or in fact and the use will not be noxious, offensive or injurious
by reason of production of or emission of dust, smoke, refuse, poisonous
substances, odors, fumes, noise, radiation, vibration, unsightliness
or similar conditions, or will contaminate waters.
(d)
The proposed use will not create hazards or
dangers to the public or to persons in the vicinity from fire, explosion,
electricity, radiation, traffic congestion, crowds, parking of automobiles
or other causes.
(e)
What conditions, restrictions and safeguards
are necessary to protect property values in the vicinity of the proposed
use and for the protection of the health, safety, morals, peace and
general welfare of the community and of the public.
(f)
The proposed use is in general conformance with
the Comprehensive Plan and any other applicable community plans.
(g)
The proposed use meets the criteria for review
in the Town's site plan regulations.
(2)
Duration of permit. A special use permit shall become
void one year after approval unless, by conditions of the use permit,
greater or less time is specified as a condition of approval or unless,
prior to the expiration of one year, a building permit is issued.
The special use permit shall be void if the use shall cease for more
than six months for any reason. The Board may extend the permit subject
to the requirements of this article.
(a)
Transfer of property with special use permit. A special use permit
authorizes only the activity expressly described in the application
and approved special use permit materials. A special use permit shall
expire upon change in property ownership or property transfer, unless
the Building and Zoning Office is notified by the owner, in writing,
prior to property transfer and the Zoning Board of Appeals reviews
the use or activity and special permit documents and is satisfied
that the use has and will continue to be conducted in a manner that
is consistent with the special use permit and any conditions which
may have been stipulated at the time of its issuance and approves,
in writing, the transfer of the special use permit. If the Zoning
Board of Appeals does not issue a written response within 30 days
of notification by the property owner, such lack of response shall
constitute approval of the continuation of the special use permit
under the same conditions as previously approved. A new special use
permit shall be required for any expansion, alteration or variation
of a use already authorized by a special use permit. A request for
a new special use permit shall be subject to the application and review
procedures described in this article and elsewhere in the Zoning Ordinance
of the Town of Avon, as applicable.
[Added 10-27-2022 by L.L. No. 5-2022]
(3)
Revocation of permit. The Zoning Board of Appeals,
on its own motion or upon notification in writing from the Planning
Board, may revoke any special use permit for noncompliance with conditions
set forth in the granting of said permit, after first holding a public
hearing and giving notice of such hearing. The foregoing shall not
be the exclusive remedy, and it shall be unlawful and punishable hereunder
for any person to violate any condition imposed by a special use permit.
(4)
Review standards for specific uses. The following
standards must be met in addition to the general standards above,
before any special use permit is granted.
(a)
Public utilities. Public utility uses, such
as dial equipment centers and substations but no service or storage
yards, may be permitted in any district with a special use permit.
No special use permit shall be issued unless the Board of Appeals
shall determine 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 zone 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.
[5]
A buffer strip shall be provided around the perimeter of the property as required in § 130-34 of this chapter.
[6]
Adequate off-street parking shall be provided.
[7]
All of the area, yard and building coverage
requirements of the respective zone will be met.
(b)
Motor vehicle service stations. Motor vehicle stations may be permitted in such districts as specified in Article III of this chapter, provided that the following standards are observed. These standards are also applicable to service stations which are combined with convenience type stores or which offer nonautomobile related goods for sale.
[1]
In addition to the information required in the special permit application and enumerated in § 130-45 of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
[2]
The area and yard specifications for motor vehicle
service stations will be followed as identified in Schedule A of this
chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
[3]
The entire area of the site traveled by motor
vehicles shall be hard surfaced.
[4]
Any repair of motor vehicles shall be performed
in a fully enclosed building, and no motor vehicle shall be offered
for sale on the site. No motor vehicle parts or partially dismantled
motor vehicles shall be stored outside of an enclosed building.
[5]
No vehicles shall be permitted to be standing
or parked on the premises of a motor vehicle service station other
than those used by the employees or customers of the establishment.
[6]
Accessory goods for sale may be displayed on
the pump island and the building island only. The outdoor display
of oil cans and/or antifreeze and similar products may be displayed
on the respective island if provided for in a suitable stand or rack.
[7]
No motor vehicle service station or public garage
shall be located within 500 feet of any public entrance to a church,
school, library, hospital, charitable institution or place of public
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.
[8]
Where a motor vehicle service station abuts a residential zone, it shall meet the buffering requirements of § 130-34 of this chapter.
[9]
All fuel pumps shall be located at least 50
feet from any street or property line.
[10]
In addition to the sign requirements
for business uses in the B-1 Districts, each motor vehicle service
station shall be permitted to have one freestanding or pylon sign
setting forth the name of the station and for the principal products
sold on the premises, including company or brand name, insignia or
emblem, provided that such sign shall not exceed 20 square feet in
area on either of two sides and shall be hung within the property
line and no less than 10 feet nor more than 25 feet above the ground.
[11]
Service stations may also exhibit
one temporary sign located no less than 10 feet inside the property
line and specifically setting forth special seasonal servicing of
automobiles, provided that such sign does not exceed 10 square feet
in area.
(c)
Mobile home parks.
[1]
Mobile home parks may be permitted in Agricultural
District (A), provided that the following standards and procedures
are adhered to:
[2]
Tract requirements.
[a]
The minimum tract size shall be
50 acres, and such tract shall front upon a collector street as designated
in the Comprehensive Plan of the Town of Avon, and such streets shall
be improved to collector street standards as set forth in the Town
of Avon Design Criteria and Construction Specifications for land development.[2]
[b]
A front yard setback of 60 feet
shall be observed from any public road bordering the site to any mobile
home in the park.
[c]
A setback of 40 feet shall be observed
from any property line not also a street line or street center line
to any mobile home in the park.
[d]
Within each setback required by
Subsection B(4)(c)[2][b] and [c] above, there shall be a landscape
screen planted and maintained which shall consist at a minimum of
the planting of two staggered rows of evergreen trees no further apart
than six feet on center and at least four feet in height. The base
of any such planting shall be not closer than 10 feet or more than
40 feet from the property line and shall be so arranged around entrances
and exits to preclude interference with sight distance or vehicular
safety. Said planting shall be guaranteed by bond or cash or approved
substitute posted with the Town Board in an amount equal to 25% of
the estimated cost of trees and planting. Said guaranty shall be released
only after the passage of the second growing season (May through September)
after planting, at which time a pro rata amount shall be deducted
up to the full amount of the guaranty for trees not living.
[e]
The tract shall be located and
laid out so that no mobile home shall be closer than 500 feet to any
existing single-family-detached or two-family dwelling.
[f]
All interior roads shall be improved to the construction standards for minor streets set forth in Chapter 113, Subdivision of Land, of the Code of the Town of Avon.
[g]
Entrances and exits shall be so
located to provide a minimum sight distance on the adjacent public
road, in both directions from the interior road at the point of intersections,
of not less than 300 feet.
[h]
Each mobile home park shall provide
a water reservoir or an approved water supply system for fire protection
use, which shall be certified as adequate by the Avon Fire Department.
[i]
Each mobile home park shall set
aside 20% of the total acreage of the site as open space and recreation
area.
[j]
Sidewalks at a minimum width of
three feet shall be constructed along at least one side of all interior
streets in accordance with specifications of the Town Engineer.
[k]
Appropriate streetlighting shall
be installed on interior streets with the minimum number of lights
being one at each intersection of interior streets with each other
or with abutting public roads and one at least every 200 feet where
such intersections are more than 200 feet apart.
[3]
Lot requirements.
[a]
Each mobile home lot or site shall
have an area of at least 15,000 square feet, with a minimum width
of 75 feet.
[b]
No mobile home shall be closer
than 30 feet to another mobile home or other structure within the
park.
[c]
Not more than one mobile home may
be placed on any lot or site, and there shall be no detached accessory
structures on a lot or site.
[d]
Each lot or site shall be provided
with approved connections for water, sewer, electricity and telephone.
[e]
A surfaced parking pad shall be
provided on each lot or site for one mobile home and one automobile.
[f]
At least one shade tree of not
less than two inches in diameter one foot above ground level shall
be planted on each lot or site, which shall be guaranteed in the manner
and according to the conditions set forth in Subsection B(4)(c)[2][d]
of this section.
[g]
Each lot or site shall front upon
an approved interior street.
(d)
Camping grounds. Camping grounds may be permitted
in an Agricultural District, provided that the following standards
are observed:
[1]
No portion of the property for which a special
use permit is sought is within 1,000 feet of any watercourse which
is part of any water supply system.
[2]
All provisions of the Sanitary Code or such
other regulations of the State Health Department pertaining to camps
shall be complied with.
[3]
The number of persons to be accommodated in
such camps shall not exceed one person per 2,500 square feet of area
within such grounds.
[4]
No camp structure shall be located within 300
feet of any street or property line.
(e)
Excavation operations. Excavation operations may be permitted by special use permit only in those portions of the Agricultural District (A) that are located within the Excavation Operations Overlay Zone, as created and defined by Article XVII, § 130-103, of the Town, provided that the following conditions and standards are observed:
[Amended 9-8-2005 by L.L. No. 3-2005; 6-23-2022 by L.L. No. 4-2022]
[1]
The minimum lot area for any such use shall be 10 acres; all
buildings and excavation operations shall be located or shall occur
not less than 100 feet from any street or property lines. The Board
of Appeals may require fencing or some similarly effective barrier
six feet in height where excavations are to exceed a depth of four
feet.
[2]
All buildings and structures used in such operations shall be
dismantled and removed within 12 months following the termination
of the operations, shall be made at the expense of the operator, and
shall be a condition of approval of the special use permit.
[3]
All buildings, structures and plants used for the processing
of excavated materials shall be maintained so as to assure that such
buildings, structures and plants shall not become dangerously dilapidated.
[4]
All equipment used for the excavation of sand and gravel and
processing thereof shall be constructed, maintained and operated in
such a manner as to eliminate, as far as is practicable, noises and
vibrations and such conditions which are injurious or substantially
annoying to all persons living in the vicinity; all operations shall
be conducted only between the hours of 7:00 a.m. and 6:00 p.m. except
on Sundays. In the case of public or private emergency or whenever
any reasonable or necessary repairs to equipment are required to be
made, it shall be permitted at any time.
[5]
All land which has been excavated must be rehabilitated in accordance
with standards set within one year after the termination of operations,
at the expense of the operator and shall be a condition of the approval
of the special use permit. It is further provided that, where an excavation
operation has lasted longer than one year, rehabilitation of land
in accordance with standards set must be begun and completed within
one year's time. The Code Enforcement Officer shall require the
operator to cease excavation operations when the above standard is
violated until the operator complies.
[a]
All excavations must either be made to a water-producing
depth or graded and backfilled.
[b]
Excavations made to a water-producing depth shall
be properly sloped to the waterline, with banks sodded or surfaced
with soil of an equal quality to adjacent land area topsoil; such
topsoil required under this section shall be planted with trees, shrubs,
legumes or grasses upon the parts of such area where revegetation
is possible.
[c]
Excavations not made to a water-producing depth
must be graded or backfilled with nonnoxious, nonflammable, noncombustible
solid material and in a topographic character which will result in
substantial general conformity to adjacent lands; such grading or
backfilling shall be designed to minimize erosion and shall be surfaced
with a soil equal in quality to that of adjacent land area and planted
with trees, shrubs, legumes or grasses upon the parts of such areas
where revegetation is possible.
[6]
The Zoning Board of Appeals shall not grant a special use permit
for an excavation operation when the area in which the operation is
proposed exhibits a residential character. The Zoning Board of Appeals
shall consider an area to have a residential character when a circle
(radius of 2,980 feet) drawn around the center of the proposed use
contains 1/3 of the homes the area (approximately one square mile)
of the circle would have if developed to the density allowed by this
chapter.
[7]
The Zoning Board of Appeals may require a performance bond or
some other financial guaranty that the conditions of the granting
of the special use permit are carried out.
[8]
No special use permit shall be approved for an excavation operation
or other form of mining operation that is not located within the Excavation
Operations Overlay Zone.
[9]
No special use permit shall be approved for any subsurface or
underground mining.
(f)
Storage of explosives. Storage of explosives
shall be subject to regulations of the State Code.
(g)
Certain commercial uses of farm buildings and
private garages in an Agriculture District.
[1]
Subject to the provisions of Article IV of this chapter, farm buildings and private garages located in an Agricultural District (A) may be used for purposes authorized in a General Business District (B-1), pursuant to § 130-15D(2), including the storage of products or materials, provided that a special use permit be first obtained from the Board of Appeals.
[Amended 9-8-2005 by L.L. No. 3-2005]
[2]
In considering an application for a special
use permit under this subsection, the Board of Appeals shall consider
and apply the following standards:
[a]
In addition to meeting the requirements of § 130-27 of this chapter, the operations to be carried on in such building(s) shall not be hazardous, noxious or offensive owing to emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, light, refuse matter or water-carried waste.
[b]
Parking facilities and loading spaces shall conform to the requirements of Article VII of this chapter.
[c]
No sign other than as permitted in Agricultural District as regulated under § 130-23 of this chapter shall be permitted.
[d]
No products or materials shall
be sold from the premises to the general public except sales which
are incidental to a primary personal service establishment use.
[e]
All operations to be carried on
shall take place within an enclosed farm building or private garage
and no storage of nonfarm products or materials out-of-doors shall
be permitted.
[f]
No building shall be used for such
purposes unless it shall have been constructed for a period of at
least three years prior to the date of application for the special
use permit and unless it shall have been used as a bona fide farm
building or private garage for at least three years prior to the date
of application for the special use permit.
[g]
The Board of Appeals may impose
any conditions in the special use permit reasonably deemed necessary
to protect the health, welfare or property values of owners and residents
in the surrounding area and to maintain the character of the area
as an agricultural area.
[h]
The Board of Appeals may, if it
reasonably deems it necessary to protect the health, welfare and property
values of owners and residents in the surrounding area and to maintain
the character of the area as an agricultural area, grant the applicant
a special use permit for a limited period of time specified by the
Board of Appeals, after which the applicant's rights under such permit
shall expire.
[i]
Any special use permit granted
by the Zoning Board of Appeals shall be personal to the applicant,
may not be transferred by the applicant to a third party and shall
automatically expire upon death of the applicant, the termination
of operations by the applicant pursuant to the permit or transfer
of title to the real property. Any special use permit may also be
terminated by the Zoning Board of Appeals, after notice to the applicant
and after giving applicant an opportunity to be heard, for violations
of any condition of such permit.
(h)
Golf courses. Golf courses may be permitted
in an Agricultural District, provided that the following standards
are observed:
(i)
Motor vehicle sales.
[Added 6-14-2007 by L.L. No. 3-2007]
[1]
The Planning Board shall issue special permits
for motor vehicle sales.
[2]
The minimum lot area shall be one acre.
[3]
The sale of new and used vehicles shall only
be allowed from an enclosed building meeting applicable commercial
and/or office building codes. Display of vehicles for sale may be
inside and/or outside of said building.
[4]
The building shall have an area of not less
than 1,500 square feet devoted to the sales and (if applicable) service
of vehicles.
[5]
All operations shall be on the same or an abutting
lot to the sales building.
[a]
If the building is on an abutting
lot, it shall not be more than 200 feet from the lot line of the parcel
with the remainder of the motor vehicle sales operations.
[b]
The building shall be owned or
controlled (by lease or other legal instrument) as the parcel with
the motor vehicle sales operation.
[c]
The building shall not be used
for any other purpose.
[6]
The driving lanes and outdoor display area shall
be paved, shall be suitably drained and shall be maintained in a neat
and orderly manner.
[7]
Parking spaces.
[a]
Parking spaces for patrons shall
be determined based upon number of vehicles for sale as follows:
|
Vehicles For Sale
|
Parking Spaces
| |
|---|---|---|
|
Less than 20
|
3
| |
|
21 to 50
|
4
| |
|
51 to 100
|
5
| |
|
101 to 200
|
6
| |
|
Over 200
|
Increase 4 spaces per hundred
|
[b]
In addition, there shall be two
parking spaces provided for each three employees.
[8]
Number and density of vehicles.
[a]
The number of vehicles on any given
site shall not exceed a maximum of 60 per gross acre; this maximum
density pertains to all vehicles on the site, including but not limited
to display, storage, repair, customers' and employees' vehicles. Said
vehicles shall be confined to the portions of the site designated
for them on the approved site plan.
[b]
Further, the parking, storage and
display of vehicles along the site's roadway frontage(s) shall be
determined by the amount of frontage as follows:
|
Amount of Frontage
(feet)
|
Number of Vehicles Parked, in Storage
or on Display
| |
|---|---|---|
|
Less than 100
|
One per 10 feet
| |
|
100 to 200
|
One per 15 feet
| |
|
Over 200
|
One per 20 feet
|
[c]
The densities of vehicles specified
in this section may be modified if, in the Planning Board’s
opinion, the site can accommodate such densities without resulting
in adverse visual impact or reduction in public safety; the site characteristics
to be evaluated in this regard shall include but not necessarily be
limited to the type of vehicle, size and shape of the lot, the size
and shape of the building, existing and proposed vegetation, surrounding
land use, ease of ingress and egress and the site’s topography.
[9]
Vehicles awaiting repairs that are to be left
overnight shall be located in an area that is screened from public
view.
[10]
Vehicles parked on the property
may not encroach into the clear vision zone (triangle) of any street
or driveway intersection.
[11]
The Planning Board shall have
the authority to require landscaping and similar visual enhancements
along the site’s frontage(s). A grade-separated landscaped strip
of at least 10 feet shall be required between the roadway and parking
or automobile display areas. The overall size of the area shall be
wide enough to accommodate sidewalks, street trees, streetlights,
and/or maintain the visual character of the area if required as part
of the site plan.
[12]
Any exterior illumination shall
be approved by the Planning Board, but shall be no less restrictive
than the standards of the district in which the facility is located.
[13]
Overhead garage doors providing
access to maintenance and repair facilities shall be visually screened
from adjoining residences.
[14]
Suitable landscaping and/or fencing
of outdoor storage areas shall be required and approved by the Planning
Board.
[15]
All automobile parts, partially
dismantled motor vehicles or similar articles shall be stored within
a building. All repair and service work shall be conducted entirely
within either a building or, where deemed appropriate by the Planning
Board due to such factors as the size of the property involved and/or
its location, shall be conducted entirely within a fenced-in area
in which such work is visually screened from all adjoining properties
and roadways.
[16]
Use of a building for residence
or sleeping quarters shall not be permitted.
[17]
As used herein, the sale of new
vehicles shall be deemed to mean only the sale of such vehicles under
a franchise granted to the person, firm or corporation conducting
such business by a vehicle manufacturer.
[18]
Notwithstanding requirements to
the contrary, the sale of small motor vehicles less than 1,500 pounds
gross weight, such as go-carts, jet skis, and motorcycles, shall be
permitted and regulated as a retail use, provided there is no outdoor
storage; the floor area for the use is less than 5,000 square feet;
and, with the exception of the minimum acreage requirements, the use
meets all other requirements of this ordinance.
