Avon Village, NY Zoning Ordinance

[Added 6-1-2020 by L.L. No. 2-2020[1]]

[1]

Editor's Note: This local law also substantially renumbered former Arts. II through VI.

§ 30-20 Districts established.

The residential districts of the Village of Avon are established as listed in Table 30-20, below. When this chapter refers to residential or R Zoning Districts, it is referring to the following:

Table 30-20
District Name	Map Symbol
Village Residential	VR
Multifamily Residential	MFR
Mixed Residential	MR

The residential district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.

§ 30-21 District purpose statements.

Village Residential (VR) District. The purpose of the VR District is to support the vision and policies contained within the Village's adopted Comprehensive Plan with respect to the preservation and enhancement of Avon's existing traditional neighborhoods. The settlement pattern of the Village is generally comprised of single-family neighborhoods with lots sizes under an acre, ranging from 40 feet to 90 feet in width. The intent of this district is to protect the residential character and pedestrian-friendly setting of Avon's neighborhoods, while permitting the construction and/or reconstruction of homes compatible with the traditional settlement pattern. Future development and investment should reflect that of existing neighborhood character, generally consisting of low-density detached dwellings, unobstructed front yards, garages setback from the primary residence, and pedestrian-scaled streetscapes (e.g., with sidewalks, streetlighting, street trees, etc.).

Multifamily Residential (MFR) District. The purpose of the MFR District is to provide for higher-density residential developments, as outlined in the Village's adopted Comprehensive Plan. A variety of housing options are permitted in this district with the intent to serve the changing needs of residents regardless of age, ability, or income. While a higher density of development is allowed in the MFR District, new residential development should be consistent with the character and design of the Village's traditional neighborhoods. Developments should be well-connected to the community and create a sense of place, with four-sided architectural treatments on all structures, well-established internal and external pedestrian and vehicular connections, and designated areas of public open space for passive and active recreation. Development reviews should ensure that proper landscaping and screening is provided as a buffer to adjacent lower-density residential uses, where applicable.

Mixed Residential (MR) District.

(1)

Purpose. The purpose of the MR District is to allow for the development of mixed-density residential neighborhoods within the Village of Avon, in accordance with the recommendations of the Village Comprehensive Plan. Residential uses permitted in this district include single-family, two-family, and multifamily dwellings, provided no single unit type dominates the district. The intent of this district is to foster a variety of living opportunities for residents in a unique, attractive environment in close proximity to goods and services. The appropriateness of development proposals will be evaluated on the standards of this district and the following objectives.

(2)

Objectives. The MR District is designed to ensure the development of land within the Village as a traditional residential neighborhood. Its design adopts the urban conventions which were common in the United States from colonial times until the 1940s. In order to ensure that the future design, layout, and character of the Village's Mixed Residential District is cohesive and consistent with the vision of the community, the following objectives shall be observed by all proposed development:

(a)

Establish neighborhoods with a variety of housing types and sizes that are oriented toward pedestrian activity;

(b)

Locate residential types and densities in a manner that provides a natural transition from existing single-family neighborhoods to higher-density developments and commercial centers;

(c)

Foster the compatibility of residences and other improvements through their arrangement, bulk, form, character, and landscaping;

(d)

Establish a coordinated transportation network with a hierarchy of appropriately designed facilities for pedestrians, bicycles, and motor vehicles;

(e)

Develop on- and off-site connections to nearby amenities, roadways, sidewalks, and trails;

(f)

Design well-configured greens, landscaped streets, greenbelts, and parks that are woven into the pattern of the neighborhood and dedicated to the social interaction, recreation, and visual enjoyment of the residents;

(g)

Preserve and integrate existing natural features and undisturbed areas into the open space and design of the neighborhood; and

(h)

Create a cohesive and interconnected traditional neighborhood development pattern throughout the entirety of the district, regardless of the sequence of proposals or project phasing.

§ 30-22 District use classifications.

Uses shall be permitted as noted by the use class in each residential district table and shall be subject to the bulk and dimensional requirements contained therein.

Uses denoted with a "P" are permitted by right.

Uses denoted with an "SP" are specially permitted and shall require the issuance of a special use permit.

Uses not explicitly listed in the table shall be prohibited.

§ 30-23 Village Residential (VR) District Table. [1]

[1]

Editor's Note: See Table 30-23: VR District, which is included as an attachment to this chapter.

§ 30-24 Multifamily Residential (MFR) District Table [1]

[1]

Editor's Note: See Table 30-24: MFR District, which is included as an attachment to this chapter.

§ 30-25 Mixed Residential (MR) District Table. [1]

[1]

Editor's Note: See Table 30-25: MR District, which is included as an attachment to this chapter.

§ 30-26 MR District Use and Lot Considerations.

Minimum district area. An MR District shall contain an area of not less than 10 contiguous acres. No land shall be designated for an MR District if it is too small, too narrow in width, too irregular in shape or with topography too excessive to be planned and developed in a manner consistent with the purpose and objectives of the MR District. The Planning Board may recommend the waiver of this minimum if the Board finds the proposed development to be in accord with the Village's Comprehensive Plan and future development vision.

MR District application procedure. The existing application requirements, review procedures, and review criteria outlined in Article XIII, planned residential development district, shall be used to apply for, review, and issue a decision on rezoning to an MR District.

Site plan review required. All uses in the MR District shall be subject to site plan review as required by Article XII of this chapter.

Variation of use.

(1)

The contiguous area of an MR District may not consist of a single land use. Each lot must be allocated to a particular land use.

(2)

The development of single- and two-family dwellings may not exceed 50% of the gross acreage of an MR District.

(3)

The development of multifamily dwellings may not exceed 30% of the gross acreage of an MR District.

Variation of lot size. Residential developments should consist of a mix of lot sizes, including but not limited to the following:

(1)

Small lots: 10,000 square feet to 20,000 square feet.

(2)

Medium lots: 20,001 square feet to 40,000 square feet.

(3)

Large lots: more than 40,000 square feet.

Public and open space requirements.

(1)

Public and/or common open space shall be provided at a rate of at least 30% of a development's gross acreage. Designation and use of such public and/or common open space area(s) shall be based on consideration of the following factors:

(a)

The need to protect for public use areas historically used by the public, such as trails;

(b)

The avoidance of siting of structures in hazardous areas, wetlands, floodplains, or on steep slopes;

(c)

The protection of sensitive habitats and woodlots; and

(d)

The desirability of protecting scenic areas of the site.

(2)

Lands to be preserved as open space may be dedicated in fee to the Village or other such public agency or may remain in private ownership. For public open space(s) that remain in private ownership, the Village may require granting of an easement guaranteeing the public's right of access and use.

(3)

The Village may require the applicant or their designee to maintain all public open spaces and related facilities (and may require that bonding or other security be posted with the Village to guarantee maintenance) or may require payment of an in-lieu fee if the Village maintains the public open space and related facilities. If the applicant or their designee is to maintain public open spaces, prior to the issuance of any permits for construction, a bond or other approved security shall be posted guaranteeing such maintenance.

(4)

Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land, as described in the approved site plan.

Community center. Where required by the Planning Board, multifamily developments shall include a community center space of at least 3,000 square feet.

§ 30-27 Residential district parking standards.

Off-street parking spaces for uses in all residential districts shall be provided in accordance with Table 30-27 below:

Table 30-27
Land Use	Minimum Parking Requirements
Single-family dwelling	1 per unit
Two-family dwelling	1 per unit
Multifamily dwelling	1.5 per unit
Nursing home/assisted living	0.5 per unit, plus 1 per employee at max shift
Nonresidential use	1 per 350 square feet of floor area

Off-street parking spaces shall not be located within 10 feet of a residential district.

Off-street parking spaces shall not be provided in the front yard. Parking for single- and two-family dwellings is permitted on a designated driveway located in the front yard, provided that the parking of such vehicles may be accommodated behind the front building line.

Bicycle parking shall be provided with all multifamily and nonresidential development at 10% of the parking requirements outlined above, but in no case shall be less than two bicycle spaces.

The maximum number of parking spaces allowable for any use is not to exceed 125% of the requirement of this section.

The Planning Board may recommend the waiver of parking requirements for any development or use to the Village Board, provided that the reduction of required spaces is justified and/or an alternative parking plan is identified.

§ 30-28 Residential landscaping and screening standards.

Nonresidential and multifamily dwelling buffers. All nonresidential and multifamily development adjacent to a residential district or existing single-family use shall provide a landscaped buffer of at least 10 feet in width. Such buffer shall include coniferous trees, shrubs, fencing, or other such screening materials, provided to the satisfaction of the Planning Board.

Dumpsters. All dumpsters shall be screened from public view using a combination of solid fencing and landscaping elements, provided to the satisfaction of the Planning Board.

Street trees. Trees shall be planted along the street frontage at a minimum of one tree per 40 feet of linear frontage. The use of salt tolerant species along roadway edges and drought tolerant species ("xeriscaping") in areas without access to water is required.

Parking lot landscaping. The interior of all parking lots containing 10 or more spaces shall be landscaped in accordance with the following:

(1)

Primary landscaping materials used in parking lots shall be trees, which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping but shall not be the sole means of landscaping.

(2)

One shade tree shall be planted for every five parking spaces.

(3)

A landscaped island at least eight feet by five feet shall be required for every five spaces.

(4)

When adjacent to a residential district or use, a landscaped buffer shall be required to the satisfaction of the Planning Board.

(5)

All landscaped areas shall be protected by curbing.

(6)

An area for snow storage shall be provided for, to the satisfaction of the Planning Board.

Existing natural features and wetlands.

(1)

Existing mature specimen trees, historic landscape features, mature groves of trees, streams, wetlands, and prominent topography shall be conserved and incorporated into the development design to the greatest extent practicable.

(2)

An undisturbed buffer shall be maintained around the perimeter of identified wetland areas to visually screen adjacent uses, to protect associated animal habitat and plant life, and to ensure a healthy wetland ecosystem is maintained.

(3)

Site planning for wetlands and adjacent areas shall be consistent with state and federal guidelines and recommended best practices.

Landscaping maintenance. The following shall apply to landscaping, screening, and buffering elements for nonresidential and multifamily development only:

(1)

The owner of the property, or his designated agent, shall be responsible for the proper care and maintenance and replacement, if necessary, of all landscape materials in a healthy and growing condition.

(2)

Maintenance shall include, but not be limited to, watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.

(3)

Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer. The Code Enforcement Officer may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the expense of the property owner.

§ 30-29 Residential district building and site design standards.

Single- and two-family dwellings. The following standards shall apply to the MFR and MR Districts only.

(1)

There may be not less than two and not more than six units in a row of townhomes or attached single-family group.

(2)

Buildings shall be oriented with the primary facade and entrance facing the street and shall provide direct connection to the Village's public sidewalk system.

(3)

Newly developed homes should employ the use of four-sided architectural treatments to ensure a high-quality of design on all facades.

(4)

Garage entrance/exit doors are prohibited on the front facade of buildings. Attached garages shall be located at least 10 feet behind the front building line. Detached garages shall be located in the rear yard.

(5)

One driveway not exceeding 12 feet in width for a single-car garage or not exceeding 18 feet in width for a two or more car garage is permitted.

(6)

Off-street parking for single- and two-family dwellings may be provided for on approved driveways.

(7)

Any new detached dwelling shall have a covered front porch no less than five feet in depth measured from the front property line to the interior of the lot.

Multifamily dwellings. The following standards shall apply to multifamily dwellings in all residential districts.

(1)

Buildings are encouraged to be designed with the outward appearance of a single-family dwelling, utilizing complimentary materials, rooflines, and architectural detailing. Entrances should be so oriented to resemble that of a single- or two-family dwelling.

(2)

Regardless of the number of units contained therein, multifamily dwellings should employ the use of four-sided architectural treatments to ensure a high-quality of design on all facades.

(3)

Buildings shall not have large or long continuous wall or roof planes. Larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by recesses, bays, gables, porches, or other architectural devices to prevent an out-of-scale, monolithic appearance.

(4)

Buildings shall be articulated into varied forms to create interest and variety and avoid an overly repetitive appearance. Differences in form and detail and breaks between buildings shall be orchestrated in such a way that adjacent buildings and facades define a continuous street wall and the public realm of the street.

(5)

Every multifamily dwelling shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.

(6)

Buildings shall be laid out so that primary entrances face the public street. Each entrance shall be connected by sidewalk to the Village's existing sidewalk system so as to provide both an internal and external circulation network for pedestrians.

(7)

(8)

Every multifamily development shall be provided with proper garbage disposal units, together with refuse storage and collection area, well maintained and screened.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(9)

The entire area of a multifamily development not improved for driveways, parking areas, or covered by building or walkways shall be landscaped to the satisfaction of the Planning Board.

(10)

Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadway, etc.).

(11)

Air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing, and commercial satellite dishes or telecommunication devices shall be thoroughly screened from view from the public right-of-way and from adjacent residential properties. Screening shall be architecturally compatible with the style, materials, colors, and details of the structure. Single- and two-family dwellings shall be exempt from this provision.

Nonresidential buildings. The following standards shall apply to nonresidential buildings in all residential districts.

(1)

To the maximum extent practicable, buildings shall be arranged to orient to the streets and to frame the corner at the intersection of two streets, where applicable.

(2)

Buildings shall exhibit a clearly defined base, midsection, and crown. This can be accomplished using a combination of architectural details, materials and colors. See Figure 1-II.

Figure 1-II:

(3)

Architectural details or features such as dormers, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged.

(4)

All buildings shall have a prominent street level entrance, visible and accessible from the public sidewalk.

(5)

Buildings located on corner lots shall have an entrance located on the corner that faces the intersection of two public streets, to the extent practicable.

(6)

Varied building designs that avoid long, flat facades are required. No facade shall exceed 50 feet in horizontal length without a change in facade plane. Changes in facade planes shall be no less than 1.5 feet in depth and eight feet in length (see Figure 2-II). Any changes in exterior building material shall occur at interior corners.

(7)

All facades shall be designed to be consistent in regard to architectural style, materials, and details.

Figure 2-II:

All primary buildings shall be constructed or clad with materials that are durable, economically maintained and of a quality that will retain their appearance over time, including, but not limited to, painted wood; natural or synthetic stone; brick; stucco; integrally colored, textured, or glazed concrete masonry units; high-quality prestressed concrete systems; exterior insulation finish systems (EIFS); or glass. Prohibited materials include:

(1)

Smooth-faced, gray concrete block, smooth-faced painted or stained concrete block, smooth-faced concrete panels;

(2)

Unfinished wood; and

(3)

Corrugated metal siding.

Avon Village City Zoning Code

ARTICLE II