Avon City Zoning Code
ARTICLE I
General Provisions
§ 130-1 Title.
This chapter shall be known as the "Zoning Ordinance of the Town of Avon."
§ 130-2 Purpose and intent.
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.
§ 130-3 Word usage; interpretation.
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.
§ 130-4 Amendments.
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.
§ 130-5 Definitions.
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.