Avon City Zoning Code
ARTICLE XI
Environmental Standards
§ 255-11.1 Environmental performance standards.
Any use permitted by right or special permit in any district shall not be conducted in a manner so as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance, conditions or element in an amount so as to affect adversely the surrounding environment. The following standards shall apply:
A.
Emissions shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.
B.
All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment.
C.
No activities that emit dangerous radioactivity, at any point, and no electrical disturbance adversely affecting the operation at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted.
D.
No emission of visible smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines shall be permitted.
E.
No emission which can cause any damage to health of animals or vegetation or which can cause excessive soiling, at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of conveying gas or air shall be permitted.
F.
No discharge, at any point, into a private sewage system, stream, the ground, or a municipal sewage disposal system of any material in such a way or of such a nature or temperature as can contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.
G.
No vibration which is discernible to the human sense of feeling for three minutes or more in any hour between 7:00 a.m. and 7:00 p.m., or for 30 seconds or more in any one hour between 7:00 p.m. and 7:00 a.m., shall be permitted. No vibration at any time shall produce an acceleration of more than 0.1 gram or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442.
H.
Maximum permissible sound pressure levels measured at the property line for noise radiated continuously from a facility between 10:00 p.m. and 7:00 a.m. shall be as follows:
Frequency Band (cycles per second) | Sound Pressure Level (decibel ret 0.002 dyne/cm2) |
|---|---|
20 to 75 | 69 |
75 to 100 | 54 |
150 to 300 | 47 |
300 to 600 | 41 |
600 to 1,200 | 37 |
1,200 to 2,400 | 34 |
2,400 to 4,800 | 31 |
4,800 to 10,000 | 28 |
I.
No emission of odorous gases or odoriferous matter in such quantities as to be offensive shall be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a secondary safeguard system. No objectionable odor greater than that caused by 0.001202 per thousand cubic feet of hydrogen sulfide or any "odor threshold" as defined in Table III in Chapter 5 of Air Pollution Abatement Manual, copyrighted 1951, by Manufacturing Chemists Association, Inc., of Washington, D.C., shall be permitted.
J.
No direct sky-reflected glare, whether from floodlights or from high-temperature processes such as welding, shall be permitted.
§ 255-11.2 Greenbelt in industrial districts.
A.
In an Industrial District, where a lot used for a purpose not permitted in any Residential District abuts or extends into a Residential District, or abuts another lot which has frontage only in such district or which extends from such district into an Industrial District by less than 50 feet, there shall be provided a permanently maintained "greenbelt" along the particular portions of the lot which are next to such district or abutting lot. Such "greenbelt" shall consist of an area of not less than 100 feet in width containing a dense planting of evergreens, as described below, to provide within such area a natural barrier which is sight impervious between the lot and the adjacent premises having an effective height of not less than seven feet, and such plantings shall commence 10 feet from the property line of the adjacent premises. Evergreens shall be planted in a staggered pattern with a minimum of two rows of plantings.
B.
Evergreens are:
White Spruce |
White Pine |
Canadian Hemlock |
Douglas Fir |
Australian Pine |
Japanese Black Pine |
Norway Spruce |
Colorado Blue Spruce |
Carolina Hemlock |
Winter Green Pyramidal |
Eastern Red Cedar |
§ 255-11.3 Floodplain District.
[Amended 1-28-2023 STM by Art. 9; 5-6-2025 ATM by Art. 8]
A.
Statement of purpose. The Town of Avon hereby designates the position of Town Administrator to be the official floodplain administrator for the Town. The purposes of the Floodplain District are to:
(1)
Ensure public safety through reducing the threats to life and personal injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Limit the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
(4)
Limit the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
(5)
Limit costs associated with the response and cleanup of flooding conditions;
(6)
Reduce damage to public and private property resulting from flooding waters.
B.
Floodplain District boundaries and base flood elevation and floodway data. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Avon designated as Zone A, AE on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 8, 2025. The effective FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.
C.
Permits are required for all proposed development in the Floodplain Overlay District. The Town of Avon requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
D.
Notification of watercourse alteration. In a riverine situation, the Select Board shall notify the following of any alteration or relocation of a watercourse:
E.
If the Town/City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
F.
Use regulations.
(1)
The Floodplain District is established as an overlay district to all other districts. All development in the District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 (Removal, fill, dredging or altering of land bordering waters). They must also be in compliance with the following:
(2)
Variances to State Building Code floodplain standards. Any variances to State Building Code floodplain standards may only be granted in accordance with the required variance procedures of these state regulations, which will require a public hearing held by the state. The Town/City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
(3)
A variance from these floodplain bylaws must be provided by the Zoning Board of Appeals acting as the SPGA and must meet the requirements set out by state law, and may only be granted if: 1) good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
(4)
Other use regulations.
(a)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(c)
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
(d)
Base flood elevation data for subdivision proposals. When proposing subdivision proposals or other developments greater than 50 lots or five acres, whichever is less, the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
(e)
All subdivision proposals in the Floodplain Overlay District must be designed to assure that:
(f)
Existing contour intervals of site and elevations of existing structures must be included on the plan proposal.
(g)
There shall be established a "routing procedure" which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Town Engineer, Building Commissioner and Board of Health for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.
(h)
Recreational Vehicles. In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
(5)
Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating, play areas, etc.
(d)
Conservation of water, plants, and wildlife.
(e)
Wildlife management areas, foot, bicycle, and/or horse paths.
(f)
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
(g)
Buildings lawfully existing prior to the adoption of these provisions.
(6)
Abrogation and greater restrictions. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances, or codes.
(7)
Assure that all necessary permits are obtained. The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
G.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
H. 100-YEAR FLOOD AREA OF SPECIAL FLOOD HAZARD BASE FLOOD COASTAL HIGH-HAZARD AREA DISTRICT FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD BOUNDARY AND FLOODWAY MAP FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION RECREATIONAL VEHICLE(1) (2) (3) (4)
REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION(1) (2) STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT VARIANCE VIOLATION ZONE A ZONE A1-30 AND ZONE AE (FOR NEW AND REVISED MAPS) ZONE A99 ZONE AH AND ZONE AO ZONE V ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS) ZONES B, C, AND X
Definitions. As used in this section, the following terms shall have the meanings indicated:
See "base flood."
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
The flood having a 1% chance of being equaled or exceeded in any given year.
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V, V1-30, or VE.
The Floodplain District.
Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
An official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
The channel of a river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (Base Code, Chapter 2, Section 202).
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulations 60.3.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59] |
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
For floodplain management purposes, a variance means a grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
The 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
The 100-year floodplain where the base flood elevation has been determined.
Areas to be protected from the 100-year flood by federal flood protection systems under construction. Base flood elevations have not been determined.
The 100-year floodplain with flood depths of one foot to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
A special flood hazard area along a coast subject to inundation by the 100-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined.
A special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined.
Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.