Avon City Zoning Code
ARTICLE XVII
Excavation Operations Overlay Zone
§ 130-95 Statutory authority.
§ 130-96 Legislative intent.
A.
The Town Board of the Town of Avon recognizes that the mining and extraction of limestone, sand and gravel within the Town of Avon is a desirable and appropriate land use in limited geographic areas where such materials are available in sufficient quantity.
B.
To these ends, this article and the Zoning Map that it amends and supersedes as applicable is designed to:
(1)
Balance various forms of development that are desirable by the public while protecting the rural character of the Town;
(2)
Protect and encourage farming and agriculture and related businesses, which are the dominant land uses in Avon;
(3)
Protect property values by regulating uses, buildings and structures that may impact the character of the Town and affect neighboring properties;
(4)
Minimize conflicts among the various land uses, both now and in the future;
(5)
Protect and promote public health, safety, convenience, order, aesthetics, prosperity and general welfare of the Town of Avon; and
(6)
Implement the provisions of the Comprehensive Plan of the Town of Avon.
§ 130-97 Definitions.
The following definitions shall apply to this article:
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.
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.
Mining that takes place predominantly below the surface of the ground, with access through mine shafts or by elevators. Subsurface and underground mining is a prohibited use in all zoning districts within the Town of Avon and is not permitted in the Excavation Operations Overlay created by this article.
§ 130-98 Creation and boundaries of Excavation Operations Overlay Zone.
A.
An Excavation Operations Overlay Zone is hereby created, the bounds of which are as follows:
All real property bounded on the north by the northerly Town Line of the Town of Avon (where is meets the jurisdictional bounds of the Town of Rush, Monroe County, New York), bounded on the west by New York State Route 15, bounded on the south by New York State Routes 5 & 20 and bounded by the east by the easterly Town Line of the Town of Avon (where it meets the jurisdictional bounds of the Town of Lima, Livingston County, New York).
B.
Within the Excavation Operations Overlay Zone, all of the underlying land use district regulations shall remain in effect except as specifically modified by the provisions of this Article XVII.
C.
Any development of an excavation operation within the Excavation Operations Overlay Zone created hereby shall only be permitted on lands designated as Agricultural District (A) and shall be required to have Site Plan review and approval by the Planning Board (pursuant to Article IX, § 130-45E) and issuance of a special use permit upon approval of the Zoning Board of Appeals (pursuant to Article IX, § 130-45B and Article VI, § 130-35B(1) and B(4)(e).