Avon Village City Zoning Code
ARTICLE III
Special Purpose and Overlay Districts
[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.
§ 30-42 Districts established.
The special purpose and overlay districts of the Village of Avon are established as listed in the table below.
Table 30-42 | |
|---|---|
District Name | Map Symbol |
Agricultural | AG |
Special Flood Hazard Overlay | FO |
§ 30-43 District purpose statements.
A.
Agricultural (AG) District. The purpose of the AG District is to permit the continuation of agriculture operations within the Village and the associated uses necessary to support it in accordance with the adopted Comprehensive Plan. The intent of the AG District is to provide for the continued operation of local farms and farm industry and maintain the viability of local agriculture within the community. Since agriculture is the intended primary use, the impacts associated with normal, reasonable and generally accepted farming practices shall not form the basis for violations under any part of this chapter.
B.
Special Flood Hazard Overlay (FO) District.
(1)
The FO District is hereby established to allow the Genesee River to carry abnormal flows of water in times of flood, to prevent encroachments into the floodplains of this waterway which will unduly increase flood heights and damage, and to prevent excessive property damage as well as a potential threat to the health and safety in the area of greatest flood hazard.
(2)
The "floodplain zone" is not restricted to any particular zoning district as established under this chapter, but instead is superimposed over any district which lies within the floodplains of the Genesee River.
(3)
Property within the FO District may or may not coincide with the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) flood zones for the Village of Avon. Property within the FIRM flood zones is subject to the requirements of Chapter 37, Flood Damage Prevention, of the Village Code of Avon.
§ 30-44 Agricultural (AG) District Table. [1]
A.
Uses shall be permitted as noted by the use class in the AG District Table and shall be subject to the bulk and dimensional requirements contained therein.
B.
Uses denoted with a "P" are permitted by right.
C.
Uses denoted with an "SP" are specially permitted and shall require the issuance of a special use permit.
D.
Uses not explicitly listed in the table shall be prohibited.
[1]
Editor's Note: See Table 30-44: AG District, which is included as an attachment to this chapter.
§ 30-45 Extent of Special Flood Hazard Overlay (FO) District.
For the purposes of this chapter, the FO District shall be defined as designated on the Zoning Map of the Village of Avon. Where the boundary of the FO District does not follow parcel or property lines, the Code Enforcement Officer shall make a determination as to the extent of the FO District area.
§ 30-46 FO District permitted uses.
A.
Uses permitted in the FO District shall be determined by the regulations of the underlying zoning district.
B.
The following uses shall also be permitted within the FO District:
(1)
Raising of agricultural crops.
(2)
Roads, railroads, electric and other utility transmission lines.
(3)
Open-type public or private recreation facilities, such as public parks, golf courses, drive-in theaters and boating or fishing lakes.
(4)
Temporary or transit uses such as carnivals, circuses or similar amusement enterprises.
(5)
Storage yards for equipment and materials not subject to movement by flood, provided such use is accessory to uses legally permitted in an adjoining area, but not including the storing of inflammables such as gasoline, fuel oil, etc.
(6)
No change in the channel location or capacity of the stream will be allowed except after approval by the appropriate state agencies and the Village Engineer or the Village Board.
§ 30-47 FO District building permit review considerations.
No building permit shall be issued within the FO District unless approved by the Code Enforcement Officer. The Code Enforcement Officer, in his review, shall be guided by the following standards, keeping in mind that the purpose of the FO District is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.
A.
Any structure permitted shall be designed, constructed and placed on the lot so as to offer minimum obstruction to the flow of water.
B.
Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings or other restricted sections of the stream.
C.
Any use permitted shall be constructed so as to not be subject to appreciable damage by floodwaters.
D.
Where, in the opinion of the Code Enforcement Officer, topographical data, engineering and other studies are needed to determine the effects of flooding on a proposed structure and/or effect of the structure on the flow of water, the Code Enforcement Officer may require the applicant to submit such data, prepared by competent engineers or other technical person.
E.
The granting of approval of any use or structure shall not constitute a representation, guarantee or warranty of any kind or nature of the Village of Avon, or by any officer or employee, of the practicality or safety of any use or structure proposed and shall create no liability upon, or cause action against, any such public body, officer or employee for any damage that may result pursuant thereto.