Appendix D Zoning

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic place[s] in states with historic-preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic-preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior or

Directly by the Secretary of the Interior in states without approved programs.

MANUFACTURED HOME

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 attached to the required utilities. The term "manufactured home" also includes park trailers, travel trailers, recreational vehicles and other similar vehicles placed on a site for greater than 180 consecutive days.

MARKET VALUE

The market value of the structure shall be determined by the appraised value of the structure prior to the start of the initial repair or improvements.

MEAN SEA LEVEL (MSL)

For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced.

NEW CONSTRUCTION

For structures for which the "start of construction" commenced on or after the effective date of a floodplain-management regulation adopted by a community and includes any subsequent improvements to such structures.

RECREATIONAL VEHICLE

A vehicle which can be towed, hauled or driven and is designed primarily for recreational use or as temporary living accommodations for recreational, camping or travel use. For floodplain management purposes, 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

SPECIAL FLOOD HAZARD AREA (SFHA)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

The land in the floodplain within Avon subject to a .2 percent or greater chance of flooding in any given year. SFHAs in Avon are determined utilizing the 500-year floodplain elevations provided on the flood profiles in the flood insurance study (FIS) for a community. A 500-year floodplain elevation provided on the flood insurance rate map (FIRM) is only approximate (rounded up or down) and should be verified in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, AE and Zone X shaded, and include both the 100-year and 500-year floodplains. All land below the 500-year flood elevation is included within the SFHA in Avon. The SFHA is also called the area of special flood hazard.

STRUCTURE

A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

SUBSTANTIAL DAMAGE

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 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period in which the cumulative cost equals or exceed 50 percent of the market value of the structure as determined at the beginning of such ten-year period. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. For 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. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of a "historic" structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure".

VIOLATION

The failure of a structure or other development to be fully compliant with Avon's floodplain-management ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as proper documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Permitted uses provided that no regrading or filling is necessary:

Agriculture/farming;

Forestry;

Nurseries;

Special exception uses. The following uses and activities may be permitted within the 100-year floodplain when authorized by the Commission as a special exception in accordance with the criteria established in Section VIII of the Avon Zoning Regulations and the applicable criteria contained in this section:

Golf courses, playgrounds, recreation areas, parks, and open spaces;

Municipal or public utility uses not subject to major flood damage;

Parking areas as an accessory use;

Buildings, structures, and signs accessory to a permitted principal use located outside the floodplain provided that such accessory structures are located so as to minimize potential flood damage;

Filling of land within the floodplain, above the 100-year floodplain elevation, where the Commission evaluates the following:

The impact of flooding on the proposed use,

The availability of public services and facilities during and after flooding,

Whether any loss of flood-storage volume can be compensated for the provision of equivalent flood-storage volume elsewhere on the site,

Any adverse effects that the proposed use or activity will have on flooding, flow velocity or flow direction on the site and surrounding properties,

The cumulative effect of filling in the flood plain.

Regrading of land below the 100-year flood plain elevation but outside the floodway where the Commission determines that:

Compliance. All the requirements as specified in subsections III.G..4.e.(1) through (5) above are met.

Compensatory storage provided. The water-holding capacity of the 100-year floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure, shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off site if proven equal and approved by the Flood Plain Administrator (Town Engineer).

Equal conveyance. Within the 100-year floodplain, except those areas which are tidally influenced as designated on the flood insurance rate map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure, are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels in the design flood elevation. Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.

Minimum site development requirements.

Filling of land as authorized above shall only be allowed as logical extensions of land lying at higher elevations.

Filling of land in the 100-year or 500-year floodplain shall only be allowed where the resulting landscape is enhanced and where the neighborhood's essential characteristics have not been negatively altered.

No encroachments, including structural use, fill, new construction, substantial improvement, repairs to substantially damaged structures, and other developments shall be permitted within the floodway unless permitted by the Commission as a special exception for such public purposes as road crossings, minor recreational improvements, or safety improvements, provided that no (0.00) increase occurs in flood levels during the 100-year flood discharge as certified by a Connecticut licensed professional engineer with supporting technical data. Fences in the floodway must be aligned with the flow and be of an open design. When the 100-year flood elevation has been determined on the community's FIRM but a floodway has not been designated, the Commission must require that no new construction, substantial improvements, repair to structures which have sustained substantial damage or other development, including fill, shall be permitted which will increase the water surface elevation of the base flood more than one foot at any point within the community when all existing and anticipated development is considered cumulatively with the proposed development. The Commission may request floodway data of an applicant for watercourses without FEMA-published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the municipality's request or not), the community shall adopt a regulatory floodway based on the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point within the community.

Building floor elevations.

All new construction, substantial improvements, and repair to structures that have sustained substantial damage, both residential and nonresidential structures that are used for human occupation, shall have the floor elevation of all stories elevated above the 500-year floodplain elevation.

Stories used exclusively for access, mechanical equipment or storage may be built below the design floodplain elevation provided that: the building is designed to remove the hazards of flooding; and provided that all floor elevations including basements, of all buildings shall be raised above the 100-year floodplain elevation; and provided that approval is granted by the Commission based upon hydrologic study and recommendation by the Town Engineer. Methods to reduce flood damage may be required.

Substantial improvements and repairs to structures that have sustained substantial damage shall have the floor elevation of all stories to be used for human occupancy raised above the 500-year floodplain elevation. Electrical, plumbing, machinery or other utility equipment that service the structure, as well as basements, may be located below the 500-year floodplain elevation but above the 100-year floodplain elevation. Approval must be obtained from the Commission, based upon hydrologic study and recommendation by the Town Engineer.

All manufactured homes are prohibited in the 100 and 500-year floodplain.

Recreational vehicles shall not be placed below the 100-year floodplain, but may be stored temporarily in the 500-year floodplain if they are registered, road ready and parked in accordance with any other applicable Avon Zoning Regulation.

Above-ground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must be elevated completely above the 100-year flood elevation on a concrete pad and be securely anchored with tie-down straps to prevent flotation or lateral movements, have the entire tank located above the 100-year flood elevation and have a screw fill cap that does not allow for the infiltration of floodwater.

If any portion of a structure lies within the 500-year floodplain or special flood hazard area (SFHA), the entire structure is considered to be in these zones. The entire structure must meet the construction requirements of the most restrictive flood zone. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone.

If a structure lies within two or more flood zones, the construction standards of the most-restrictive zone apply to the entire structure (i.e., An A Zone is more restrictive than a X Zone; structure must be built in compliance with the highest BFE). The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. (Attached decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.)

New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless they are a functionally dependent use or facility.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters. On-site waste-disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

New construction, substantial improvements, and structures that have sustained substantial damage shall be constructed using methods and practices that minimize flood damage and be constructed with materials and utility equipment resistant to flood damage. New construction, substantial improvements, and repairs to structures that have sustained substantial damage shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

Electrical, heating, ventilation, plumbing, air conditioning equipment, HVAC ductwork, and other service facilities, or any machinery or utility equipment or connections servicing a structure shall be elevated to or above the 100-year flood elevation to prevent water from entering or accumulating within the components during conditions of flooding. This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation ductwork, washer and dryer hookups, electrical junction boxes, and circuit breaker boxes. Any such work proposed to be installed below the 100-year flood level must be properly certified as completely flood-proofed and must be agreed to as such by the Avon Building Official.

In any portion of a watercourse that is proposed to be altered or relocated, the flood-carrying capacity must be maintained. Notification to adjacent communities and the Connecticut Department of Energy and Environmental Protection (DEEP), Inland Water Resources Division, prior to any such alteration or relocation of a watercourse is required.

Earth removal.

Purpose. It is the purpose of this section to preserve the natural features of the landscape, keep the land suitable for appropriate future uses, prevent the occurrence of nuisances from earth removal operations which affect the value and enjoyment of neighboring properties, and control earth removal operations in order to protect the public health and safety.

Procedure.

The removal of 100 cubic yards or less of earth materials off site from any lot or parcel is permitted.

The removal of more than 100 but less than 1,000 cubic yards of earth materials off site from any lot or parcel is permitted provided such removal occurs in conjunction with a construction operation which has a valid approval from the Planning and Zoning Commission or which has a valid building permit. Removal shall be conducted such that the requirements of Paragraph 3 are observed.

Except as provided above, the removal of more than 100 cubic yards of earth materials off site is only permitted by the Commission as a special exception in accordance with the criteria established in Section VIII.

Application for special exception shall be accompanied by a written report indicating the purpose of the earth removal operation, the period of operation, the proposed dates of completion (removal, rough grading, finish grading, stabilization, restoration), and a statement from a registered professional engineer of the amount of material to be removed.

A permit granted for the removal of earth shall be valid for a period established by the Planning and Zoning Commission but which shall not exceed two years in any event from the date of approval.

Before any excavation occurs, a bond in a form and amount satisfactory to the Town Engineer shall be posted by the applicant to guarantee the restoration of the site and to cover erosion and sedimentation control during the operation.

Such bond shall guarantee the completion of earth removal, stabilization, and restoration of the site and adjacent areas within the period covered by the earth-removal permit. Such bond shall be released once the earth removal has been completed, and the site has been stabilized.

Land use and site development requirements.

Period of excavation and removal. Excavation and removal may be conducted between the hours of 7:00 a.m. and 5:00 p.m. weekdays only. No excavation or removal shall be conducted on weekends or holidays.

Conduct of excavation and removal. The Planning and Zoning Commission may specify that area which may be under excavation at any one time, and the timetable for completion of excavation and removal operations.

Erosion and sediment control. Compliance with the provisions of Section III.I. of these regulations is required at all times during the earth removal operation.

Buffer requirements. Excavation shall not take place within 35 feet of any property line unless varied by the Commission. Natural vegetation in this setback shall be preserved.

In addition, the Commission may require a landscape buffer be provided around the excavation prior to the initiation of the removal operation, conforming to the requirements of a "B" Bufferyard, as specified in Section VII.A. of these regulations.

Erosion and sediment control.

Purpose. It is the purpose of this section to protect wetlands, watercourses, and other natural resources; prevent the occurrence of nuisances from erosion and sedimentation during construction operations which affect the value and enjoyment of neighboring and other affected properties; preserve a cover crop on the land; and provide adequate erosion and sediment control procedures during construction in order to protect the public health, safety, and general welfare.

Procedure. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is more than one-half acre. For purposes of this section, disturbed area shall mean an area where the ground cover is destroyed or removed.

A single-family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.

A soil erosion and sediment control plan shall include, but is not limited to, the following:

A narrative describing the development; the schedule of major activities on the land (including start and completion dates, sequence of grading and construction activities, sequence for installation of erosion and sediment control measures, and sequence for final stabilization measures); the design criteria, construction details, and ongoing maintenance program for erosion and sediment control measures and the stormwater management system.

A site plan map showing topographic data (including soil types, wetlands and watercourses); existing structures and the proposed development; proposed area alterations; location of and detailed information concerning erosion and sediment control measures and stormwater control facilities; the sequencing of all construction phases; and the sequence of installing and details of erosion and sediment control features.

The Commission, through the Town Planner, shall certify that the soil erosion and sediment control plan complies with the requirements and purpose of these regulations or shall deny certification where the proposal does not comply. Certification is necessary prior to any approval of a relevant development application by the Commission.

The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, that are a condition of certification of any modified site plan may be required to be covered in a performance bond or other assurance acceptable to the Commission. If a bond is required, said bond shall be posted with the Town prior to the commencement of any site construction activities.

Inspections shall be made by the Commission or its designated agent during development to ensure compliance with the certified plan. The Commission may require submission of progress reports by the applicant/developer to ensure compliance with this section.

Minimum site development standards.

Installation. Required erosion and sediment control procedures shall be installed at the earliest possible date relative to the normal sequencing of construction operations.

Maintenance. The applicant is responsible for ensuring that adequate erosion and sediment control measures are installed at all times during construction, that reasonable procedures are followed to minimize erosion and sedimentation, and that any proposed measures or problems are inspected, reviewed, and maintained on a regular basis.

Restoration. The applicant is responsible for ensuring that adequate erosion and sediment control measures are installed at all times during construction, that reasonable procedures are followed to minimize erosion and sedimentation, and that any proposed measures or problems are inspected, reviewed, and maintained on a regular basis.

Minimum standards. The Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended, shall be the minimum standards by which plans shall be reviewed for certification. The Town Planner may grant exceptions when requested by the applicant based upon technically sound alternatives.

Section IV Residential and rural zones.

[12-11-2007, effective 1-10-2008; 6-3-2008(1), effective 7-3-2008; 6-3-2008(2), effective 7-3-2008; 3-31-2009, effective 4-3-2009; 3-9-2010, effective 3-17-2010; 6-22-2010; effective 6-30-2010; 6-7-2011; effective 7-7-2011; 9-15-2020(1); effective 10-15-2020; 9-15-2020(3); effective 10-15-2020; 9-15-2020(4); effective 10-15-2020; 12-14-2021(1), effective 1-13-2022]

Residential.

Permitted uses.

Single-family dwelling.

Farming on a tract containing more than ten acres, or limited farming in accordance with these regulations.

Accessory buildings and accessory structures. The following accessory buildings and structures such as garages, barns, and storage structures are permitted, provided; that the use by the owner or resident is of a nature which is customarily incidental and subordinate to a permitted principal use and that the total of all such buildings shall not exceed 1,500 square feet; however, the average height of any proposed accessory structure shall be less than the average height of the principal structure, measured in accordance with these regulations.

A private garage, conforming to all required yards in applicable zone. The total number of garage spaces on the lot shall not exceed a capacity of one more motor vehicle than the number of bedrooms in the principal building.

Storage sheds, and similar out buildings, including gazebos, conforming to all required yards in the applicable zone.

Buildings for the purpose of housing horses, livestock, and fowl, provided that they are located at least 100 feet from any lot lines. (See Section IV.A.3.)

Swimming pool, tennis court, or other similar recreational structure, provided such structure shall not be located in the required front yard setback, is at least 30 feet from any rear lot lines and at least 25 feet from any side lot lines, (in any zone which has a more restrictive side yard requirement, it shall be applied to the structures); these structures shall be buffered or fenced, where necessary, as determined by the Zoning Enforcement Officer, to protect adjacent property values, and lights (if any) are shielded to protect adjacent property values. Accessory structures such as pumps, filters, heaters, or a bathhouse shall also be located at least 30 feet from any rear lot lines and at least 25 feet from any side lot lines (in any zone which has a more restrictive side yard requirement, it shall be applied to structures).

Above-ground oil tanks, propane tanks, and/or generators shall conform to all required yards in the applicable zone, and shall be buffered or fenced where necessary, as determined by the Zoning Enforcement Officer.

Other structures customarily incidental to a single-family dwelling shall be located at least ten feet from side or rear lot lines in the rear yard, or if not in the rear yard, conforming to front and side yards in the applicable zone to include one-story, detached accessory structure used as a tool or storage shed, provided the floor area is not greater than 200 square feet. This excludes farm structures used for housing animals, which must meet the required setbacks for the zone.

Tower and pole type antennas not exceeding 70 feet in height for radio broadcast and reception for the personal, not-for-profit, noncommercial use by residents of the dwelling are permitted as accessory if they comply with applicable regulations of the district, are not located in any required yard area, and are not located closer to any property line than a distance equal to the height of the antenna.

Satellite dish antennas subject to the following requirements:

Size of Satellite Dish	Requirements
Less than or equal to 24 inches in diameter	1. May be ground mounted or mounted to a structure situated on the lot in a manner which conforms to all required yard setbacks and height restrictions.
	2. May be attached directly to the structure or attached to a mast or pole providing the mast or pole is less than 12 feet in height.
	3. Shall utilize colors that blend with the surroundings.
Greater than 24 inches in diameter	1. Shall be ground mounted and shall not exceed a height of ten feet to be measured from ground level to the highest point of the antenna. The Commission may permit an installation not to exceed 13 feet in height for those uses receiving special exception approval under this section.
	2. Shall observe all yard setbacks.
	3. Shall not be permitted within the front yard.
	4. Shall be screened from adjoining lots, drives, and streets by the installation and maintenance of a visual barrier. Shall utilize colors that blend with the surroundings.

PODS (portable on-demand storage structures) may be placed on a residentially-zoned lot which contains a single-family home for a maximum period of 90 days. All POD units are prohibited from being placed within the street or in any right-of-way owned by the Town of Avon. PODS shall be positioned on the lot such that they meet the required side and rear yard setback requirements and in a location that does not adversely affect the available line of site at the intersection of the driveway and street. Only one POD unit may be placed at any residential property at any given time, unless it is determined by the Zoning Enforcement Officer that special circumstances exist such as storage need following a disaster such as a fire, flood, or storm. The above regulations do not apply to open containers commonly known as "dumpsters" used for the removal of construction debris or other refuse.

Accessory uses.

Home occupation, minor.

A day care home conducted in the resident's dwelling unit for less than five people conducted by the resident with a valid State license.

Recreational vehicle storage, provided that the vehicle is owned by the owner or occupant of the premises, is stored at least ten feet from the side and rear lot lines, observes the front yard setback, is not used as living quarters, and is buffered, or fenced where necessary, as determined by the Zoning Enforcement Officer, to protect property values in the neighborhood. Temporary storage (less than 48 hours in one month) is exempt from these regulations.

Limited farming on a tract of land which is clearly accessory to a residential use subject to all the following standards:

On a lot containing 80,000 square feet, a maximum of one large animal, two medium animals, or 15 small animals may be kept. For each additional 43,560 square feet, one additional large animal may be kept; or for each additional 21,780 square feet, one additional medium animal or 15 small animals may be kept.

No more than 100 small animals may be kept on any lot.

The keeping of pigs is not permitted.

Buildings/structures for the purpose of housing horses and livestock shall be located at least 100 feet from any lot line. Manure must be stored at least 100 feet from any lot line and visually screened from adjoining properties. Buildings/structures for the purpose of housing fowl shall meet the required setback for the zone.

Dogs, cats, and other pets which are kept as companions and housed together with human occupants are permitted in any residential zone on any size lot in conjunction with a residence.

The keeping of up to ten rabbits or chickens or ducks shall be permitted on any conforming lot of any size. No roosters or geese or peacocks are permitted.

The boarding of horses or other farm animals or any other commercial activities undertaken for compensation is not permitted, unless granted a special exception by the Commission.

Any and all farm animals shall be kept in a clean environment including an enclosure in accordance with modern agricultural standards and not create a nuisance to the adjoining property owners. All such structures shall meet setback requirements for the zone in which they are located.

Any other use customarily incidental and subordinate to the principal use.

One accessory apartment may be constructed within the existing principal single-family dwelling (excluding garage) and occupied, provided such accessory apartment is subordinate and incidental to the principal single family dwelling, and provided further that, such construction and use complies with the requirements of Section IV.A.4.q. 2—9, 12—16. Any addition to the principal single family dwelling shall not increase the square footage of such dwelling by more than 25%.

Special exceptions. The following uses, and accessory uses thereto, may be authorized by the Commission as a special exception under the applicable criteria of Section VIII:

Modification to, or replacement at the same site, of any existing communications transmission stations and towers, both conforming and nonconforming, including changes to any accessory building, facilities or equipment, subject to the following:

The application presented to the Commission shall be accompanied by:
(1)	A site plan conforming to Section X.A.1.a. including detailed elevations of all existing towers, antennas, dishes and other transmitting and receiving devices.
(2)	A report showing field measurements of ambient nonionizing electromagnetic radiation (NIER) levels in the frequency range of those sources existing and proposed on the site. Such readings shall be: submitted by a qualified engineer and shall be taken at the nearest point of the main NIER source to the property boundary and at any other point deemed necessary by the Commission. The report shall include calculations of estimated total NIER levels following the proposed modifications and shall compare these to the standards noted in Section IV.A.4.a.(7).

The following are minimum conditions of any permit granted under this section:
(3)	Except as provided for in Section IV.A.4.a., no additional communications transmission stations and towers shall be permitted after the effective date of this amendment.
(4)	No strobe or white aviation lights shall be permitted. Only standard red aviation lights shall be allowed. If after the approval any applicable authority requires the refitting of a tower to white or strobe lights, the tower must be lowered in height to a point where red lights are acceptable or the tower shall be removed.
(5)	Any tower shall be set back from all street lines and property lines a distance at least equal to the tower height, however, the Commission may modify this setback along certain property lines where, in the opinion of the Commission, the abutting property is not likely to be used for residential purposes. In no instance shall the tower or guy wire anchors be placed within the required yard areas.
(6)	No employees shall be employed on a regular basis at the site and no office or broadcast studios shall be permitted.
(7)	NIER emissions from this site as measured at the property lines and combined with ambient levels in similar frequency ranges shall not exceed levels adopted or established by either the American National Standards Committee C95.1 (ANSI), the Environmental Protection Agency of the United States, the State of Massachusetts Department of Public Health, or the State of Connecticut Department of Health Services, whichever is more stringent.
(8)	Any approval shall include the requirement that the applicant submit annual records of NIER measurements and annual reports to the Commission by a qualified engineer verifying compliance to NIER levels.

The Commission shall review the following items as part of each application process:
(9)	The visual intrusion of these structures shall be minimized to the maximum extent possible. Berming and/or year-round screen planting may be required by the Commission to screen view from any public road or any residences.
(10)	Any increase in tower height shall be discouraged as not in keeping with the policy of the Town to preserve the beauty of the Talcott Mountain ridge line. Any increase in height shall only be permitted when in the judgment of the Commission the following is provided:
	(a)	The radiation level at the nearest property line is reduced; and
	(b)	The resulting impact on the ridge line is materially improved by other site, equipment, or tower modifications.

Public and private schools and colleges with a valid State license.

Educational and training facilities of public and private schools, colleges, and all other types of organizations.

Community center buildings and clubs provided no liquor is sold.

Nursing homes with a valid State license.

Churches, religious buildings, and cemeteries.

Nurseries.

Golf courses, playgrounds, recreational areas, and parks.

Day care centers for five or more people in public and institutional buildings with a valid State license.

Multiple Dwelling Developments subject to the provisions of Section IX.A.

Cluster Developments subject to the provisions of Section IX.B.

Planned Residential Developments subject to the provisions of Section IX.C.

Planned Elderly Residential Developments subject to the provisions of Section IX.D.

Conversion of existing buildings to residential use for not more than two dwelling units, provided that:

The lot contains the minimum frontage and lot area required in the applicable zone.

The gross ground floor area after conversion does not exceed the maximum lot coverage regulation of the zone.

The dwelling units comply with the multifamily floor area requirements.

All applicable sanitary requirements for the additional families are met.

The external appearance and general character of the building as a single-family dwelling shall be preserved.

In the instance when an application is submitted in an area of predominantly single-family homes, the applicant must demonstrate that the area's present character and housing values will not be adversely impacted. The Commission will be guided by the following:

External design and appearance, including entrances,

Exterior materials,

Size of the home before and after conversion,

Parking,

Landscaping and buffering,

(f)

Building and lot coverage before and after conversion,

(g)

Undeveloped property in the area and relevant recommendations contained in the plan of development.

Conversions or construction may be appropriate in areas which adjoin higher density residential housing, commercial or industrial development where the Commission determines they may provide an effective transitional land use.

Conversion and expansion of existing buildings to office use, provided that:

The lot contains at least 60,000 square feet or the minimum lot area required in the applicable zone (whichever is greater), the minimum frontage required, and fronts on a State highway. Front yard shall be a minimum of 60' in depth. Side and rear yards shall be a minimum of 50' in depth where abutting a residential zone.

The maximum lot coverage after conversion and additions does not exceed 5%. The Commission may grant an increase in lot coverage up to 10% owing to the quality of architectural and landscape design and a determination of no adverse impact on surrounding properties.

All parking requirements for office use in accordance with Section VII.B. No parking shall be permitted in any required yard.

At least 65 percent of the lot shall be a landscaped area including a 25-foot front yard landscaped area and side/rear yard buffers in accordance with Section VII.A.

The external appearance, details, scale, materials and general character of the building shall be in harmony with the surrounding neighborhood.

Rear lots, for residential purposes only, provided that:

The Commission determines that the development of rear lots will provide the most suitable use of the land considering such factors as drainage, configuration, accessibility, and topography.

The rear lots conform to all requirements prescribed for the zone in which they are located except that the front yard setback and the lot area, shall be at least twice the minimum such requirements for the zone. In computing lot area, the access strip, whether owned in fee or over an easement area, extending from the front lot line to the public roadway shall not be counted towards satisfying this requirement.

Rear lots shall be provided with an access strip at least 30 feet wide to a public street. This 30-foot strip of land shall be owned in fee by the owner of the rear lot, except where:

i.	The Commission approves more than one (1) rear lot and where such lots will utilize a common driveway. In this instance, one of the approved rear lots shall own the access strip in fee while the others shall be granted easement rights for access and the installation and maintenance of utilities; or
ii.	The Commission determines that ownership of the access strip by the rear lot is not necessary and that the rear lot is best served by an easement over the front lot.

Driveways serving rear lots shall not exceed 1,000 feet in length and shall have an adequate all-weather surface for their entire length and for a 10-foot width. The Commission may require the entire driveways to be paved. Common driveways may serve up to a maximum of two (2) rear lots and, where appropriate, the two (2) adjacent front lots, and shall adhere to the following:

The common portion must be paved;

Pavement width shall be a minimum of 12 feet;

Pavement specifications shall comply to Town standards;

If part of a subdivision, the common portion of the driveway shall be installed as part of the street system;

A maintenance agreement shall be approved by the Commission and shall be filed in the land records of both lots prior to the issuance of any building permits authorized under the Special Exception approval.

A landscape buffer is provided where necessary within the lot and along the access way to ensure that the development of rear lots will be in harmony with surrounding areas and protect existing homes.

Where a proposed rear lot abuts a front lot which is under the control of the applicant then such front lot shall observe a rear yard setback of 50 feet. (See also Section IV.A. 6., Height and Area Regulations.)

The Commission may modify the above requirements when it determines that the rear lots and the access thereto will be in harmony with the surrounding area and preserve the public health, safety, welfare and property values.

The conversion of all or a portion of an existing garage or the construction of a detached structure (excluding manufactured mobile homes and mobile home vehicles) for use as an accessory apartment, provided it is subordinate and incidental to a principal single-family dwelling, provided further that:

In addition to standards set forth in Section VIII of these regulations, the following standards/criteria must be met:

The lot conforms to the various requirements for the zone in which it is located, and all proposed accessory structures must meet applicable setbacks.

The accessory apartment may be contained within the principal single-family dwelling after modification(s) as may be permitted under (4) (a—c) (below), or it may be detached from the principal single-family dwelling as permitted below. A maximum of only one attached or detached accessory apartment per lot is permitted.

The following area requirements must be met:

The accessory apartment may not exceed 25% of the primary single family dwelling after modification(s) if any.

The accessory apartment must contain at least 400 square feet, but not exceed 1,000 square feet in habitable area with a maximum of two bedrooms.

The Commission may modify the above area requirements by a maximum of 10% when, in the opinion of the Commission, such modification will preserve the public health, safety and welfare, and provide a more practical layout of the principal or accessory living unit.

The gross ground floor area (after modification(s), if any) and the accessory apartment shall not exceed the maximum lot coverage regulation of the zone.

The total living area in the principal dwelling unit (after modification(s),if any) shall conform to the living area requirements of these regulations and shall meet all applicable fire and building codes.

An owner of the real estate must occupy either the principal single-family dwelling or the accessory apartment as their permanent residence.

All applicable sanitary requirements for the accessory apartment , as enumerated in the Connecticut Public Health Code are met.

Adequate parking facilities are provided on site for both dwellings. A minimum of one parking space shall be provided for the accessory apartment.

(10)

Any garage or detached accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the principal single-family dwelling remains that of a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building. Any garage or new detached accessory apartment shall be appropriately designed so as to be compatible with or to improve the existing site architecture.

(11)

The Commission may require that the design of the accessory apartment both interior and exterior, be such that conversion back to a single-family dwelling may be readily accomplished when it is no longer needed.

(12)

Approvals for any accessory apartment shall be valid for two years from the date of approval. If the accessory apartment has not received a certificate of occupancy within two years, an extension of time must be requested from the Commission or the permit shall become void.

(13)

The accessory apartment shall not be used for short-term rentals or vacation/entertainment stays/uses. For purposes of this section rentals must be longer than 30 days and no more than three rentals may be permitted in each calendar year.

(14)

The owner of the real estate shall not have both an accessory apartment and home occupation—major. A home occupation—minor and accessory apartment is permissible.

(15)

The real estate containing an accessory apartment may not be subdivided or converted to condominiums to separate the principal single-family dwelling from the accessory apartment.

(16)

The owner of the real estate should consider renting or leasing the accessory apartment as an affordable housing dwelling in accordance with CT General Statutes, as amended, Section 8-39a.

(17)

Manufactured mobile homes and mobile home vehicles are not to be used as detached accessory apartments.

Sale of farm products and construction of farm buildings. Farms on parcels of land in excess of ten acres (unless the acreage requirement is modified by the Commission upon a finding that all criteria in Section VIII of these regulations have been met) may be allowed retail sales of farm-grown or farm-related products and the construction of farm buildings for the purpose of farming operations or retail sales in excess of the size specified in Section IV.A.2.b., provided that the following criteria can be met:

The farm store must be located on an active farm site.

The retail sales of farm products must be of a scale such that it is compatible with nearby residential uses.

The following items may be sold: Produce grown on the farm and farm-related products produced on the farm excluding meat products. Farm products grown elsewhere and other products related to agriculture may also be sold such that the total sales of these other products do not exceed 20% of the total amount of gross revenue generated from all retail sales at the farm stand. Items such as agricultural fertilizers, bark mulch, top soil, peat moss, plants pots, statuary items, prepackaged convenience food items, and soft drinks shall not be permitted for sale.

The farm store may be located in a free-standing building or may be situated in a portion of a larger structure which may be used in part to support other farming operations such as a dairy barn, hay loft, or farm equipment storage area. In all cases, the farm store shall not exceed 3,000 square feet in area.

The farm store must have a primary means of access and egress from a through street capable of safely accommodating anticipated volumes of traffic. Preference shall be given to arterial roadways.

All structures shall meet the minimum requirements established for the residential zoning district in which the farm is located. All parking shall meet the setback requirements for structures for the residential zoning district in which the farm stand is located. Parking shall be provided at a rate to be approved by the Commission. In addition, a B Bufferyard shall be observed between any farm buildings and farm store parking areas and adjoining residentially zoned properties.

Home occupation, major.

Roof-mounted satellite dish antennas may be permitted for those uses receiving special exception approval under this section. Applicant shall demonstrate that due to the unusual shape of a parcel of land, building design, or site layout, a ground-mounted installation is not feasible. The Commission may require screening utilizing building materials and a design which will complement and enhance the architecture of the building and not detract from it. No installation shall exceed 35 feet in height.

Small wind energy system (windmill). A small wind energy system (windmill) may be permitted on a property located in any residential zone subject to the following area and height requirements and land use and site development requirements.

Area and height requirements.

Minimum lot size: two acres

Maximum height (including blades): 120 feet

Maximum density: one windmill per parcel

Land use and site development requirements.

Maximum rated nameplate capacity, as specified by the manufacturer, shall be not more than 20 kW.

Small wind energy systems (windmills) shall only be allowed in association with a residential structure.

The small wind turbine and tower shall have a flat finish as applied by the manufacturer. The objective is to have the equipment as inconspicuous as practicable.

Any tower shall be set back from all street lines and property lines a distance at least equal to the tower height; however, the Commission may modify this setback along certain property lines where, in the opinion of the Commission, the abutting property is not likely to be used for residential purposes. In no instance shall the tower or guy wire anchors be placed within the required yard areas.

Decibel levels shall not exceed 60 dBA, as certified by the manufacturer.

All ground structures shall comply with minimum side yard and rear yard requirements of the subject zone and shall be properly buffered, as required by the Commission.

Windmills shall be sited in a manner that minimizes shadow and flicker impacts to adjacent properties and properties below the ridgeline.

Documentation of wind readings shall be presented to the Commission to demonstrate that the proposed location provides class 2-3 winds.

Any windmill proposed within the Ridgeline Protection Overlay Zone shall also require approval under Section IX.E.

No tower is permitted that requires any lighting under federal, state, or local law.

Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground, if required by the utility provider.

No wind facility shall cause interference with radio or television reception.

Applicant shall demonstrate to the Commission that property security measures have been installed to protect the wind facility from unlawful entry or trespass.

If a small wind turbine is not operated and is not put back into service within 12 months, the applicant shall remove the small wind turbine, tower, and other related equipment.

Special exception criteria.

All special exception criteria contained in Section VIII of the Zoning Regulations shall be met.

Any windmill proposed within the Ridgeline Protection Overlay Zone shall also require approval under Section IX.E.

Density regulations. Any parcel developed for residential use shall observe the following density regulations: First, apply the developable land calculation to the parcel being developed. Density of the parcel shall be calculated by multiplying the density fact of the applicable zone by the developable land of the parcel (not the parent parcel). See example in Section III.D.

Zone	Maximum Density (Families/Acre)
RU-2A	0.3
R-40	0.8
R-30	1.2
R-15	2.2

In residential subdivisions of four lots or less, or for a first division of land not meeting the definition of a subdivision, the Planning and Zoning Commission, by special exception, may modify the density requirements. An applicant must demonstrate compliance with Section VIII of these Regulations. This provision shall not apply to resubdivisions.

In residential resubdivisions of four lots or less, the Planning and Zoning Commission, by special exception, may also modify the calculated number of allowable lots, after application of the density regulations, to be rounded up to the next integer value when said calculation is within 0.10 of this next integer value. An applicant must demonstrate compliance with Section VIII of these regulations.

Height and area regulations.

	RU-2A	R-40	R-30	R-15
Min. Lot Area	2 ac.	40,000 s. f.	30,000 s. f.	15,000 s. f.
Min. Lot Width	200 ft.	170 ft.	170 ft.	100 ft.
Max. Lot Coverage	10%*	15%*	15%*	15%
Minimum Front Yard
-Local Streets	40 ft.	40 ft.	40 ft.	40 ft.
-Collector and Arterial Streets	60 ft.	60 ft.	60 ft.	60 ft.
Min. Side Yard	35 ft.**	35 ft.**	30 ft.***	15 ft.
Min. Rear Yard	30 ft.****	30 ft.****	30 ft.****	30 ft.****
Maximum Building Height	35 ft.	35 ft.	35 ft.	35 ft.
Minimum Landscaped Area for all special exception uses enumerated in Section IV.A.4. No more than 50 percent of the required landscaped area shall be comprised of steep slopes, floodplain, or wetland soils.	65%*****	65%*****	65%*****	65%*****

Notes:
*Maximum Lot Coverage for all special exception uses shall be ten percent except that by a two-thirds vote of all its members, the Commission may allow an increase in lot coverage up to 15% upon a determination of no adverse impact on any other property and a finding that all special exception criteria in Section VIII are met and by further consideration of the following criteria:
1.	The hours of operation of the proposed facility.
2.	The amount of daily and peak hourly traffic to be generated by the proposed facility.
3.	The location of the minimum landscaped area (65% of the site) such that a buffer to adjoining properties is provided which surpasses the minimum required.
4.	The natural topography to be preserved and that to be created which offers a visual and noise barrier to adjoining properties.
5.	The size and quality of existing vegetation to be preserved and that to be added.
6.	The intensity of necessary lighting.
7.	The frequency of deliveries.
8.	The amount of outdoor activity associated with the use.
9.	The height, scale, and architectural style as it relates to surrounding properties.
10.	The history of substantiated complaints.
** Any lot which was in existence as of June 27, 2006, shall observe a 25-foot side yard.
*** Any lot which was in existence as of June 27, 2006, shall observe a 20-foot side yard.
**** Where a proposed rear lot abuts a front lot, then such front lot shall observe a rear yard setback of 50 feet.
***** Where less than 25 percent of the minimum landscaped area requirement is met utilizing steep slopes, floodplain, or wetland soils the Commission may by a ⅔ vote of all of its members permit a reduction in the minimum landscaped area to 55 percent. The Commission shall make a determination of no adverse impact on any other property and a finding that all special exception criteria in Section VIII are met.

Living area requirements.

Each single-family dwelling hereafter erected shall contain at least 1,000 square feet of living area for a one-or two-bedroom house, plus at least an additional 200 square feet of living area in the unit as a whole for each additional bedroom.

Dwellings more than one story in height, shall contain at least 800 square feet of living area on the ground floor.

Split-level and bi-level dwellings shall be computed with the entire living area requirement contained on the upper-most levels.

COLLECTOR/ARTERIAL STREETS (requiring 60' front yard setback)
Arch Road
Burnham Road
Carriage Drive
Chevas Road
Climax Road
Country Club Road
Deercliff Road
Harris Road
Hollister Drive
Huckleberry Hill Road
Juniper Drive
Lofgren Road
Lovely Street
New Road
Nod Road
Northington Drive
Old Farms Road
Rt. 10 (Simsbury Road, Waterville Road)
Rt. 44 (E. Main Street, W. Main Street, Avon Mountain Road)
Scoville Road
Stagecoach Road
Talcott Notch Road
Thompson Road
Tillotson Road
West Avon Road
Woodmont Road
Reference: Section IV.A.6.
This is an interpretive aid only and is not part of the regulations.

Agricultural.

Permitted uses.

Planting and cultivation of any crop including tobacco, flowers, fruit, vegetables, forestry, nurseries, and field crops whether for personal or commercial purposes.

Dairy farming, and livestock and poultry raising (excluding the commercial raising of pigs and at no time shall more than three pigs over six months old be kept).

Accessory buildings, structures and uses.

Buildings and structures customarily housing the principal use.

Dwellings; in accordance with the height and area requirements for an R-40 Zone (as specified in Section IV.A.6) occupied by the owner, members of the owner's family employed on the farm, or by permanent salaried employees.

Buildings, structures, and uses for processing the products of farming, including cider mills.

Other accessory uses customarily incidental to a permitted use except that the commercial slaughtering of animals (as distinguished from fowl), fertilizer manufacture, and commercial reduction of inedible animal matter are prohibited.

Special exceptions.

Golf courses may be permitted as a special exception in the Agricultural Zone when authorized by the Commission under the applicable criteria of Section VIII.

Kennels, animal hospitals, or veterinary offices provided that:

No outside kennels or runs for animals shall be allowed.

Buildings used for overnight boarding of animals shall be fully enclosed and shall be designed as to keep noises from emanating from the buildings, except that in times of emergency, such as electrical failure, natural ventilation may be used.

No structure housing animals shall be located closer than 150 feet to any residential zone boundary.

Section V General and special regulations for commercial and industrial land uses.

Minimum lot area coverage, height and yard requirements shall be those of the R-40 Zone.

Educational land.

Permitted uses. Public and private schools, colleges and universities.

Accessory buildings, structures and uses.

Residential structures accessory to the principal use.

Any other use customarily incidental and subordinate to the principal use.

Area and height requirements.

Minimum lot size	25 acres
Minimum front yard	60 feet
Minimum side yard	25 feet
Minimum rear yard	30 feet
Maximum building height	55 feet

Land use and site development requirements. Site plan approval under Section X.A.1. is required. The Commission may require compliance with Section VII of these regulations in regard to landscaping, parking, signage, and other requirements; and with Section V of these regulations in regard to other requirements.

Recreation/open space.

Permitted uses. Golf courses, playgrounds, recreation areas, parks and open space.

Accessory buildings, structures and uses. Any building or structure not exceeding 600 square feet in area, or use customarily incidental and subordinate to the principal use.

Special exceptions. Accessory buildings or structures in excess of 600 square feet in area. The building or structure, due to its location in a residential or recreation area, shall have residential design, scale, architecture and exterior materials compatible with the residential, recreational or rural character of the area. Accessory buildings or structures approved under this section shall be set back, as a minimum, from side and rear property lines in accordance with the requirements for a "B" Bufferyard, as outlined in Section VII.A. Landscape Regulations.

Area and height requirements.

Minimum lot size	40,000 square feet
Minimum lot width	150 feet
Minimum front yard	60 feet
Minimum side yard	25 feet
Minimum rear yard	30 feet
Maximum building height	35 feet

[4-5-2011, effective 4-13-2011; 5-23-2017(2), effective 6-1-2017; 1-14-2020]

Applicability. The requirements of this section apply to all Commercial and Industrial Zones in addition to all other requirements for the specific zone. The use of any land or building shall not be changed and no building shall be erected or added to except in conformance with these regulations.

Accessory buildings and uses. Buildings or uses customarily incidental and subordinate to a permitted principal use are also permitted. Ground-mounted satellite dish antennas are subject to the following requirements:

All yard setbacks shall be observed. In addition, no antenna shall be located closer than 100 feet to the front property line.

No antenna shall be located within any required landscaped perimeter or landscape buffer as defined in Section VII of these regulations.

No antenna shall exceed a height of 13 feet measured from ground level to the highest point of the antenna.

The antenna shall be screened from adjoining lots, drives, and streets by the installation and maintenance of a visual barrier. All installations, including the antenna, dish, and mounting pad, shall employ materials and colors that blend with the surroundings.

Proposed antennas shall be shown as part of any application requesting site plan approval to construct a principal use. Any request to modify a previously approved site plan by the addition of a satellite dish antenna shall require separate site plan approval. A site development plan shall be prepared in accordance with Section X of these regulations.

NIER emissions from this site, as measured at the property lines and combined with ambient levels in similar frequency ranges, shall not exceed levels adopted or established by either the American National Standards Committee C95.1 (ANSI), the Environmental Protection Agency of the United States, the State of Massachusetts Department of Public Health, or the State Department of Health Services, whichever is more stringent.

A single ground-mounted satellite dish antenna which is under 3½ feet in diameter shall be permitted by right. All yard setbacks shall be observed.

Roof-mounted satellite dish antennas may be permitted by special exception provided the following standards and conditions can be met:

Applicant shall demonstrate that due to the unusual shape of a parcel of land, building design, or site layout, a ground-mounted installation is not feasible.

The antenna shall be completely screened utilizing building materials and a design which will complement and enhance the architecture of the building and not detract from it.

The height of the installation shall not exceed the maximum height restriction of the zone in which it will be located.

The antenna shall meet all special exception criteria listed in Section VIII of these regulations.

NIER emissions from this site as measured at the property lines and combined with ambient levels in similar frequency ranges shall not exceed levels adopted or established by either the American National Standards Committee C95.1 (ANSI), the Environmental Protection Agency of the United States, the State of Massachusetts Department of Public Health, or the State of Connecticut Department of Health Services, whichever is more stringent.

Consolidated parcels. For the purpose of integrated development, any number of contiguous parcels may be consolidated for the purpose of development, and the consolidated parcel shall be construed to be one lot when computing building coverage and yard requirements, and permitted uses, provided:

The owner of each lot shall give to the owner of each lot in the consolidated parcel by deed, easement, or agreement filed in the Office of the Town Clerk, the right of entrance, exit, passage, parking and loading.

The consolidated parcel is developed with an integrated plan of buildings, parking, loading and unloading, and open space.

The Commission may require or limit use of access driveways to one or more parcels, whether or not under separate ownership, in order to assure safe traffic movement onto the street and to avoid congestion.

Outdoor display of merchandise and materials. The Commission may, by special exception, approve the display of merchandise in any commercial zone except for the NB Zone. Site plan approval shall also be required in accordance with Section X of these regulations. The following criteria shall be met:

Merchandise shall not be displayed within the required front yard setback.

Parking spaces, landscaped areas, and walkways shall not be used for sales, storage, display of goods, or advertising purposes of any kind except for detached signs installed in conformance with these regulations and except for the display of automobiles accessory to new car sales in parking spaces.

The area to be used for outdoor display shall be adequately screened from public view from any nearby public roadway or residence. The area shall be screened using a combination of landscape materials and decorative masonry walls which complement the main structure. The materials which will be used to construct the enclosure shall be of a design and overall quality as the Commission may require in determining that the display area will enhance the overall aesthetics of a project. No advertising signage shall be permitted on the enclosure or within the enclosure such that it can be seen by the public from outside the building. Measures shall be taken to prevent any adverse impact on nearby residences from sound which may be generated from the display area.

The pad for the display area shall be constructed of concrete, brick, or a similar material approved by the Commission.

The area shall not conflict with pedestrian or vehicular circulation.

The entire enclosure area shall be considered additional retail space and lot coverage. Accordingly, additional parking shall be required and certification shall be provided which documents compliance with maximum building and minimum landscaping requirements.

The outdoor display area may include a permanent structure(s) such as a trellis to be used in conjunction with the display of live plants. Any structure must receive site plan approval from the Commission. No temporary structures, such as tents, shall be permitted.

Approvals shall be valid for an initial period of three years from the issuance of a Certificate of Occupancy. Prior to the expiration of the initial three-year period, or any subsequent approval, an application for renewal must be submitted. Consecutive extensions in increments of up to five years may be granted if there are no documented violations of this regulation, any other sections of these regulations, or conditions of approval imposed by the Commission.

Areas for loading and unloading. Any lot developed for business or industrial use shall provide adequate space for the loading and unloading of goods and materials so located as to avoid conflict with vehicular movement. No loading space, any part thereof, or access thereto shall be located within the front yard, except for access from the street.

Hours of operation. Retail establishments and restaurants shall be closed to the public between the hours of 2:00 a.m. and 5:00 a.m. In a Neighborhood Business Zone, all premises shall be closed to the public between the hours of 10:00 p.m. and 6:00 a.m. except for emergency medical care facilities, which may be open for business 24 hours per day.

Enclosed operations. All commercial and industrial uses and accessory uses shall be conducted wholly within enclosed buildings except for off-street loading and those operations normally conducted outdoors.

Noise levels. Commercial and industrial uses and processes shall not be conducted in such a way as to create noise which is considered objectionable due to volume, intermittence, beat, frequency, shrillness, or intensity. Sustained noise levels shall not exceed the following decibel readings at the indicated locations:

Maximum Sound Level (Decibels)
Frequency (Hertz)	At Residential Zone Boundaries	At Property Lines in Business Zones
0—74	72	75
75—149	67	70
150—299	59	63
300—599	52	57
600—1199	46	52
1200—2399	40	45
2400—4799	34	40
4800+	32	38

Illumination. Commercial and industrial interior or exterior lighting, including signs, shall not be of such intensity, or located or directed in such a way, as to produce glare or discomfort on public streets or neighboring property.

Alcoholic liquors. Buildings intended to be used for the sale of alcoholic beverages shall observe the following requirements:

Buildings shall be located at least 500 feet in a straight line from any property used for church, public school, private school, or library purposes.

Any portion of the floor of a building to be used with a restaurant liquor permit or hotel liquor permit or any other use involving alcohol and regulated by the State of Connecticut shall be located at least 200 feet in a straight line from a property used for residential purposes and shall not advertise any alcoholic liquors or beverages in such a way that it is visible from the street.

A restaurant beer and wine only permit may be permitted in any commercial zone regardless of distance to residential use only if granted a special exception which is found to meet the standards of Section VIII. All abutting property owners within 500 feet shall be notified of the public hearing for such a special exception by the applicant. Proof of notification is required.

Drug store, grocery beer, restaurant, and hotel permits are permitted as incidental uses only.

Café permits may only be permitted in CS and CR zones upon issuance of a special exception and only then when they are found by the Commission to meet the special exception criteria of section VIII with due consideration to factors including the hours of operation, the specific nature and details of the proposed use, and the potential for adverse impacts of noise and/or other disturbance to the neighborhood. In addition the following restrictions apply to any café permit issued by the Commission:

Hours of operation, closing times: Sunday through Wednesday: 9:00 pm; Thursday through Saturday: 10:00 pm.

Noise: No off premises noise is permitted.

A discontinuance under applicable law and/or regulations of a café permit approved under this Special Exception terminates such permit.

Gas stations. Gasoline filling stations may be permitted by the Commission as a special exception in either the Commercial-Retail or Commercial-Specialized Zone. The Commission shall carefully review the suitability of any site proposed for such use in relation to the purposes of the specific zone and the special exception criteria. Premises intended to be used for a gasoline station shall observe the following requirements:

Premises shall be located at least 1,500 feet in a straight line from any other property used as a gasoline filling station.

Premises shall be located at least 1,000 feet in a straight line from any property used for a church, school, playground, or public park.

Gasoline pumps or other filling appliances shall be located at least 40 feet from any street or property line.

Maximum slope. In order to alleviate the danger of erosion hazards, to minimize the excesses of large earth moving operations, and to encourage that newly developed sites are compatible to the existing natural features, the following shall be the maximum slopes allowable on disturbed land:

For any filled slope	3 horizontal, 1 vertical
For any cut slope	2 horizontal, 1 vertical

The Planning and Zoning Commission may modify this requirement upon the recommendation of the Town Engineer in unusual conditions where the use of retaining walls is necessary to most appropriately develop the site, and where such walls will not pose a safety hazard, and where the aesthetic impact will not negatively alter the characteristics of the site and neighborhood.

Guard rails. In areas where parking spaces abut slopes which fall away in excess of 4 horizontal, 1 vertical, guard rails shall be installed in locations designated by the Town Engineer. Guard rails shall be constructed of pressure-treated wooden materials and be located on a minimum three-foot-wide level shoulder adjacent to the curb.

Temporary special event. Temporary special events, as defined in Section II of these regulations, are permitted up to a maximum of four times per parcel of land during each calendar year. Individual parcels which are joined as a result of a common merchants' association shall be limited to a maximum of four events per calendar year. Events held on Town-owned properties shall not be limited as to frequency. Special events are permitted only:

In a Commercial zoning district on the grounds of an established commercial property;

In an Industrial or Office Park zoning district on the grounds of an established industrial or office property;

In a zoning district other than those listed above on the property of a use which has been approved by special exception, such as a school, church, library, or golf course; or

On property owned by the Town of Avon.

Thirty days in advance of the event, a permit shall be applied for and approvals obtained from the Building Official, Fire Marshal, Farmington Valley Health District, and Public Safety Department. Applications must be signed by the property owner or, in the case of consolidated properties, by the owners of all properties subject to the consolidated agreement.

Restaurants.

Traffic generated by restaurant operations shall not adversely affect traffic flow, circulation, or patterns or the level of service on adjacent or nearby streets. The Commission may require an applicant for approval of a special exception for any restaurant to provide data or analyses from a qualified traffic engineer or other appropriate expert and may condition the approval of a special exception on roadway, signalization, intersection, drainage, or other improvements if the Commission deems such requirements to be necessary to assure compliance with these regulations.

Restaurants that are expected to or actually produce more than 350 vehicle trip ends per peak hour of generation are prohibited.

The size, nature, character, and site layout of any restaurant requiring a special permit shall be designed in such a way as to minimize hazards to pedestrians and vehicles; to harmonize with the character of the neighborhood and zoning district in which the restaurant is or is to be located; and to prevent any nuisance or unnecessary annoyance to nearby properties. In determining whether a restaurant meets these requirements, the Commission may consider, and may limit by conditions, all operational aspects of the restaurant relevant to the generation of traffic, noise, litter, and pollution, including but not limited to the relative proportions of on-premises and off-premises consumption of food and beverages, the percentage of building space used for patron seating, the expected average duration of visits by customers, hours of operation, the nature of the food and beverages served at the premises, and the manner in which service is provided. If the operational aspects of any restaurant for which a special exception has been issued are changed in any manner that the Commission or its lawful agent determines to create a nuisance or to have a significant impact on the generation of traffic, noise, litter, or pollution, the Commission or its lawful agent may issue an order to cease such changed operations or may require an application for a new special exception.

Outdoor walk-up windows and drive-through windows shall be permitted only in the Commercial-Retail Zone and only upon the submission of evidence satisfactory to the Commission that the proposed walk-up or drive-through window will not cause or contribute to hazards to vehicles or pedestrians.

Outdoor dining may be permitted by special exception as an accessory use to all classes of restaurants. In addition to meeting all criteria enumerated in this section and special exception criteria in Section VIII of these regulations, the following criteria shall be met:

It will not create visibility problems or hazards for motorists or pedestrians. Where appropriate, walls, fencing, or plantings are encouraged to separate seating from traveled areas and parking areas.

No required parking spaces or drives shall be utilized.

Additional parking shall be provided at the rate required by these regulations for the additional number of seats to be added.

Tables shall not be located in such a manner as to restrict access by emergency services to any portion of the building. Access to neighboring properties shall not be obstructed, and at least 44 inches of unobstructed public walkway space shall be maintained around the perimeter of all buildings, including the portion of the building where outdoor dining is provided.

Hours of operation shall be limited to no later than 10:00 p.m. unless waived by the Commission.

All portions of the dining area shall be separated by a distance equal to the required yard separating distances for structures for the zone in which the restaurant is located unless waived by the Commission.

If any structural or lighting changes are proposed, site plan approval shall be required.

If the service of alcoholic beverages is proposed, the applicant must demonstrate that the location is compatible with surrounding uses; offers maximum protection to the public health, safety, and welfare; and does not detract from neighboring property values.

Any change in the nature of a restaurant from one class to any other class shall be considered a change to a new use and shall be allowed only upon proper application for and issuance of such approvals, permits, or special exceptions as may be required by these regulations for such new use. In determining whether to issue such new approvals, permits, or special exceptions, the Commission or its lawful agent shall employ the standards and procedures set forth in these regulations as they may be amended and existing on the date of such application.

Section VI Commercial and industrial zones.

[12-14-2010; effective 12-22-2010; 6-28-2011; effective 7-6-2011; 7-15-2014; effective 7-23-2014; 1-12-2016; effective 2-11-2016; 11-15-2016, effective 11-23-2016; 5-23-2017(1), effective 6-1-2017; 3-27-2018, effective 4-4-2018; 4-11-2023(1), effective 5-11-2023]

Office Park.

Purpose. The purpose of the Office Park Zone is to establish a district for business and professional offices as a gradual transition between Commercial and Residential areas; to retain open space and natural features of the area; and to promote the construction of buildings that are architecturally compatible in type, scale, and exterior materials with the character of the area.

Permitted uses.

Business and professional offices;

Financial institutions;

Medical, dental and optical laboratories;

Class I restaurants.

Special exceptions.

Planned Residential Development (PRD) in accordance with Section IX.C.

Assisted living facilities; congregate living facilities; rehabilitation facilities; medical, diagnostic, and ambulatory services; nursing and convalescent homes including, without limitation, skilled nursing facilities, intermediate care facilities, and subacute facilities operated and maintained in accordance with the standards of the appropriate State agencies.

Conversion of an existing building to residential use for not more than five dwelling units provided that:

The building to be used for residential purposes is located on a lot containing at least 15,000 sf of office development.

The building to be used for residential purposes is of residential scale and character.

The dwelling units comply with the multifamily floor area requirements.

The general appearance and character of the building shall be in harmony with the surrounding neighborhood.

The applicant has demonstrated to the satisfaction of the Commission that:

There [Here] is an adequate amount of land area, not otherwise needed by office uses located on the same property to maintain compliance with the minimum standards of the OP Zone, to support the residential use, and;

The setting for the residential use is appropriate in terms of location and character.

Other uses similar to the permitted uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the relationship of the proposed use to the orderly development of the district and the aesthetic contribution of the proposed development to the character of the area.

Medical marijuana dispensary facilities: Subject to special exception and site plan approval.

No medical marijuana dispensary facility shall be permitted to be located closer than 300 feet measured closest point of the building housing the use to closest point, in a straight line, from a public or private school or an established place of worship.

Any proposed dispensary facility shall meet all criteria as established by any applicable Connecticut General Statute or any applicable regulation of the Department of Consumer Protection pertaining to such facilities.

Any dispensary facility which is permitted under this section or any Section of the Connecticut General Statutes existing at the time of approval may not be permitted to dispense marijuana for recreational purposes, regardless of any revision to the Connecticut General Statutes permitting such use without first seeking and obtaining a special permit from the Commission for such change of use.

Height and area requirements.

Minimum lot area	40,000 sq. ft.
Minimum lot width	150 ft.
Maximum lot coverage	10%
Minimum front yard	50 ft.
Minimum side/rear yard	25 ft., except that yards abutting a Residential Zone shall be 50 ft.
Minimum building footprint	1,500 sq. ft.
Maximum building height	35 ft.
Maximum number of stories	2 stories
Minimum landscaped area	50%

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Neighborhood Business.

Purpose. The purpose of the Neighborhood Business Zone is to establish a district for small specialty stores, offices, and other compatible land uses which furnish convenience goods and services for the daily needs of the residents of the neighborhood; do not generate large volumes of traffic; are compatible with the surrounding neighborhood; and which are located in buildings of residential design, scale, architecture, and exterior materials in order to preserve the residential character of the area.

Permitted uses.

Small, convenience goods stores (including drug, food, dairy, and bakery products); provided, that the major portion of any food products or goods manufactured is sold only at retail on the premises, and provided that the sale of alcoholic beverages is excluded completely;

Business and professional offices[;]

Personal services.

Special exceptions.

Class I restaurants;

One, single-family dwelling unit in association with a use permitted by right or by special exception. The Commission shall give special consideration to those proposals which include a connection between the resident of the dwelling unit and the permitted or special permitted use contained within the building. This may include an instance where the resident is the owner of the building or is an owner or employee of the business which occupies space within the building;

Emergency medical care facilities;

Sale of alcoholic liquors or beverages. The Commission shall carefully review the suitability of a site proposed for such use in relation to the purpose of the Neighborhood Business Zone and the special exception criteria;

Other uses similar to the permitted uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the size of the operation, the amount of traffic generated, and the aesthetic contribution of the proposed development to the existing character of the area, and shall find that the proposed use is in harmony with the purpose of the Neighborhood Business Zone.

Height and area requirements.

Minimum lot area	60,000 sq. ft.
Minimum lot width	200 ft.
Maximum lot coverage	10%
Minimum front yard	50 ft.
Minimum side/rear yards	25 ft., except that yards abutting a Residential Zone shall be a minimum of 50 ft.
Minimum building footprint	1,500 sq. ft.
Maximum building floor area	2,500 sq. ft. per building, except that the Commission may, by special exception, approve a greater floor area up to a maximum of 6,500 sq. ft. per building provided that the scale of the building is consistent with the purpose of this zoning district. An applicant must demonstrate compliance with the criteria set in Section VIII of these regulations.
Maximum building height	35 ft.
Maximum number of stories	2 stories
Minimum landscaped area	50%

In addition, the Commission will be guided by the following factors. These factors may assist in mitigating the increased size of the proposed structure(s):

Architecture. Building size, materials, colors, mass, scale, and details shall be chosen so as to be compatible with the surrounding neighborhood. The design shall reduce larger building volumes in smaller forms to lessen total building mass.

Neighborhood continuity. The proposed use for the structure shall be one which is compatible with the residential neighborhood and provide an appropriate transition between commercial and residential uses. The Commission will also give consideration to hours of operation for the proposed use, noise, traffic generation, lighting levels, lot coverage, and other issues which relate to the overall intensity of the use.

Landscaping. The Commission shall review the quality of the overall landscape design including plant quantities, sizes, and the reduction of on-site views from adjacent properties and public streets. Other amenities shall be considered which improve the appearance of the proposed building(s), its setting and features, which provide benefits to the public's welfare.

History. When appropriate, the building design should reflect local historic detailing related to the history of the Town and, in particular, Avon's colonial past.

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Commercial-Retail.

Purpose. The purpose of the Commercial-Retail Zone is to establish a central shopping district consisting of larger stores and satellite shops for the convenience of shoppers, to facilitate the construction of new access roads for the control of traffic, and to encourage the development of business by consolidating individual parcels of land into a total integrated plan.

Permitted uses.

Retail stores;

Business and professional offices;

Personal services;

Class I restaurants;

Class II restaurants;

Financial institutions.

Special exceptions. The following uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the relationship of the proposed use to the orderly development of the district, and aesthetic contribution of the proposed development to the attractiveness of the area, and shall find that the proposed use is in harmony with the purpose of the Commercial-Retail Zone:

New car sales, including the sale of used cars as an accessory use provided no motor vehicles, "for sale" are displayed or stored within the required front yard setback;

Class III restaurants;

Planned Residential Development (PRD) in accordance with Section IX.C.;

Other uses similar to the permitted uses.

The sale and service of Manufacturer Certified Pre-Owned Motor Vehicles, including the sale and service of other motor vehicles as an accessory use. Any such facility must comply with each of the following conditions:

(i)

The location must be an approved location by the automobile manufacturer;

(ii)

No motor vehicles "for sale" are displayed or stored within the required front yard setback;

(iii)

All vehicles displayed or stored on the site shall be parked only in parking spaces depicted on the site plan approved by the Commission; and

(iv)

There will be no flashing lights, video displays, banners, inflatables, balloons or other aerial displays, searchlights, noise makers, amplified sounds or signage except such signage as may be properly approved under Avon Zoning Regulations.

For the purpose of this section, the sale of pre-owned motor vehicles not made by the automobile manufacturer identified in subsection (i) above shall be considered an accessory use provided that it does not exceed 30 percent of total annual motor vehicle sales from the facility.

Purpose of work/live spaces or units:

a)	Provide for the appropriate development of buildings that incorporate both living and working areas;
b)	Provide flexibility for the development of work/live spaces and units, particularly within existing buildings;
c)	Provide locations where appropriate new businesses can start up;
d)	Provide opportunities for people to live in mixed use commercial and residential areas where compatible with existing uses;
e)	Protect existing and potential uses from conflicts with each other by application of applicable standards;
f)	Ensure that the exterior design of work/live buildings is compatible with the exterior design of other building in the area if appropriate while remaining consistent with the necessary function of the buildings.

Work/live units or work/live space as defined herein may be permitted provided they meet the requirements found in Section VIII of these regulations and the following:
i.	The use combines a commercial use or activity which is allowed in the zone with a residential living space or unit for the owner of the commercial business, or the owner's employee, and that person's household; and
ii.	The resident owner or employee of the business is responsible for the commercial activity performed; and
iii.	The commercial activity conducted takes place subject to a valid business license associated with the premise and the service provided.
iv.	The residential component of a work/live space or unit may not be located on the street level of a multi-floor building, such that if a work/live space or unit has two floors within it, the ground floor shall act as the commercial component, while the upper floor shall be the residential aspect. The residential use may not exceed 50 percent of the total floor area of such building. The number of residential units may not exceed the number of separate bona fide commercial uses. (i.e. 1:1) Work/live uses for multi-story buildings shall be reviewed and may be approved on a case by case basis by the Commission.
v.	Where such use is proposed for a single story building the street frontage of the commercial use shall make up at least 80 percent of the building's street frontage and street presentation.
vi.	Parking: Each work/live unit of less than 2,500 square feet must provide at least one parking space for the residential use. For work/live units greater than 2,500 square feet in size, required parking will be based on applicable parking standard for the nonresidential use or the closest similar use as determined by Planning Director.
vii.	At least one resident in each work/live unit shall maintain a formal connection such as owner or employee of the business and must be able to prove it upon request. Any inhabited residential unit without this required connection shall be deemed a zoning violation and will be subject to formal zoning enforcement procedures.
viii.	Any approval for a work/live unit shall automatically and immediately become void and cease upon the cessation of the commercial portion of the use. Continuation of the residential use when the commercial use has ceased or when the unit is no longer in compliance with the original approval shall be subject to all available zoning enforcement and legal procedures.

Medical marijuana dispensary facilities: Subject to special exception and site plan approval.

Any dispensary facility which is permitted under this Section or any Section of the Connecticut General Statutes existing at the time of approval may not be permitted to dispense marijuana for recreational purposes, regardless of any revision to the Connecticut General Statutes permitting such use without first seeking and obtaining a special permit from the Commission for such change of use.

Height and area requirements.

Minimum lot area	50,000 Sq. ft.
Minimum lot frontage	200 ft.
Maximum lot coverage	25%
Minimum front yard	40 ft.
Minimum side/rear yards	20 ft.
Minimum TOTAL building footprint	4,000 sq. ft.
Maximum building height	35 ft.
Maximum number of stories	2 stories
Minimum landscaped area	50%

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Commercial-Specialized.

Purpose. The purpose of the Commercial-Specialized Zone is to establish a district for specialty stores and other compatible land uses which do not generate large volumes of traffic, encourage the most appropriate use of land, and retain the present architectural and aesthetic character of the area for the purpose of conserving property values.

Permitted uses.

Retail specialty shops;

Business and professional offices;

Personal services;

Financial institutions;

Class I restaurants;

Class II restaurants.

Special exceptions.

Class III restaurants;

Other uses similar to the permitted uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the size and architectural design of the proposed building in relation to other buildings in the area, the amount of traffic generated, and the aesthetic contribution of the proposed development to the existing character of the area.

Purpose of work/live spaces or units:

a)	Provide for the appropriate development of buildings that incorporate both living and working areas;
b)	Provide flexibility for the development of work/live spaces and units, particularly within existing buildings;
c)	Provide locations where appropriate new businesses can start up;
d)	Provide opportunities for people to live in mixed use commercial and residential areas where compatible with existing uses;
e)	Protect existing and potential uses from conflicts with each other by application of applicable standards;
f)	Ensure that the exterior design of work/live buildings is compatible with the exterior design of other building in the area if appropriate while remaining consistent with the necessary function of the buildings.

Work/Live units or Work/live space as defined herein may be permitted provided they meet the requirements found in Section VIII of these regulations and the following:

i.	The use combines a commercial use or activity which is allowed in the zone with a residential living space or unit for the owner of the commercial business, or the owner's employee, and that person's household; and
ii.	The resident owner or employee of the business is responsible for the commercial activity performed; and
iii.	The commercial activity conducted takes place subject to a valid business license associated with the premise and the service provided.
iv.	The residential component of a work/live space or unit may not be located on the street level of a multi-floor building, such that if a work/live space or unit has two floors within it, the ground floor shall act as the commercial component, while the upper floor shall be the residential aspect. The residential use may not exceed 50 percent of the total floor area of such building. The number of residential units may not exceed the number of separate bona fide commercial uses. (i.e. 1:1) work/live uses for multi-story buildings shall be reviewed and may be approved on a case by case basis by the Commission.
v.	Where such use is proposed for a single story building the street frontage of the commercial use shall make up at least 80 percent of the building's street frontage and street presentation.
vi.	Parking: Each work/live unit of less than 2,500 square feet must provide at least one parking space for the residential use. For work/live units greater than 2,500 square feet in size, required parking will be based on applicable parking standard for the nonresidential use or the closest similar use as determined by Planning Director.
vii.	At least one resident in each work/live unit shall maintain a formal connection such as owner or employee of the business and must be able to prove it upon request. Any inhabited residential unit without this required connection shall be deemed a zoning violation and will be subject to formal zoning enforcement procedures.
viii.	Any approval for a work/live unit shall automatically and immediately become void and cease upon the cessation of the commercial portion of the use. Continuation of the residential use when the commercial use has ceased or when the unit is no longer in compliance with the original approval shall be subject to all available zoning enforcement and legal procedures.

Medical marijuana dispensary facilities: Subject to special exception and site plan approval.

Height and area requirements.

Minimum lot area	30,000 sq. ft.
Minimum lot width	150 ft.
Maximum lot coverage	25%
Minimum front yard	40 ft.
Minimum side/rear yards	20 ft.
Minimum building footprint	1,500 sq. ft.
Maximum building floor area	6,500 sq. ft. per building, except that the Commission may by special exception approve a greater building floor area provided that the scale of the building is consistent with the purpose of this zoning district. An applicant must demonstrate compliance with the criteria set in Section VIII of these regulations.
Maximum building height	35 ft.
Maximum number of stories	2 stories
Minimum landscaped area	50%

In addition, the Commission will be guided by the following factors. These factors may assist in mitigating the increased size of the proposed structure(s):

Architecture. Building size, materials, colors, mass, scale, and details shall be chosen to be compatible with the surrounding neighborhood. The design shall reduce larger building volumes in smaller forms to lessen total building mass.

Neighborhood continuity. The proposed use for the structure shall be one which is compatible with the surrounding area and provide an appropriate transition between commercial and residential uses where appropriate. The Commission will also give consideration to hours of operation for the proposed use, noise, traffic generation, lighting levels, lot coverage, and other issues which relate to the overall intensity of the use.

History. When appropriate, the building design should reflect local historic detailing related to the history of the Town and, in particular, Avon's colonial past.

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Commercial Park A.

Purpose. The purpose of the Commercial Park A Zone is to establish a district for office, commercial, light industrial, and other related uses; permit flexible site development; retain the natural features and open character of the area; and create a park type environment.

Permitted uses.

Business and professional offices;

Financial institutions;

Personal services;

Class I restaurants;

Class II restaurants;

Movie theaters;

Research and experimental laboratories;

Printing, publishing, and graphic arts establishments;

Hotels and motels;

Retail stores provided that the minimum landscaped area is at least 50% of the total lot area.

Special exceptions.

Class III restaurants;

Other uses similar to the permitted uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the size of the enterprise, the number of employees, the process employed, services rendered, and the relationship of the proposed use to the orderly development of the district.

Medical marijuana dispensary facilities: Subject to special exception and site plan approval.

Height and area requirements.

Minimum lot area	60,000 sq. ft.
Minimum lot width	150 ft.
Maximum lot coverage	20%
Minimum front yard	40 ft., except that yards abutting a state highway shall be 75 ft.
Minimum side/rear yards	20 ft. except that no building shall be closer than 100 ft. or parking closer than 50 ft. to any Residential Zone boundary.
Maximum building height	40 ft.
Maximum number of stories	3 stories
Minimum landscaped area	50%

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Commercial Park B.

Purpose. The purpose of the Commercial Park B Zone is to establish a district for compatible commercial and residential uses, and to permit flexible site development in order to retain natural site features and promote harmonious development.

Permitted uses.

Retail specialty shops;

Business and professional offices;

Printing and publishing establishments;

Sales and service of home equipment and furnishings;

Personal services;

Class I restaurants.

Special exceptions. The following uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the size of the enterprise, the number of employees, the process employed, services rendered and the relationship of the proposed use to the orderly development of the district.

Multiple dwelling development in accordance with Section IX.A. Density shall be calculated on the basis of that contiguous land designated exclusively for multifamily housing.

Wholesale and indoor storage use.

Other uses similar to the permitted uses.

Medical marijuana dispensary facilities: Subject to special exception and site plan approval.

Height and area requirements.

Minimum lot area	5 acres
Minimum lot width	200 ft.
Maximum lot coverage	20%
Minimum front yard	60 ft.
Maximum building height	40 ft.
Maximum number of stories	2½ stories
Minimum landscaped area	50%

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Industrial Park.

Purpose. The purpose of the Industrial Park Zone is to establish a district for industry and other suitable uses, to permit flexible site development in order to retain the natural features and open character of the area, and to produce a park-type environment for industry and other compatible uses.

Permitted uses.

Business and professional offices;

Financial institutions;

Warehouses, distribution plants, and storage uses;

Manufacturing, machining, and assembling;

Research and experimental laboratories;

Class I restaurants.

Special exceptions. The following uses may be authorized by the Commission as a special exception in accordance with the criteria established in Section VIII. The Commission shall consider the size of the enterprise, the number of employees, the process employed, and the relationship of the proposed use to the orderly development of the district:

Planned Residential Development (PRD) in accordance with Section IX.C.

Planned Elderly Residential Developments (PERD) in accordance with Section IX.D.

Other uses similar to the permitted uses.

Nursing and convalescent homes including, without limitation, skilled nursing facilities and intermediate care facilities operated and maintained in accordance with the standards of the State Health Department and the State Commission on Hospitals and Health Care.

Schools, not to exceed 480 students. In addition to the criteria established in Section VIII of these regulations, the applicant shall demonstrate that the site can safely accommodate playgrounds, parking, and stacking requirements; and that the location of the proposed site is a transition area between the more intense industrial uses of the IP Zone and adjacent, less intensely zoned, properties.

Medical marijuana dispensary or production facilities: Subject to special exception and site plan approval.

No medical marijuana dispensary or production facility shall be permitted to be located closer than 300 feet measured closest point of the building housing the use to closest point, in a straight line, from a public or private school or an established place of worship.

Any proposed dispensary or production facility shall meet all criteria as established by any applicable Connecticut General Statute or any applicable regulation of the Department of Consumer Protection pertaining to such facilities.

Height and area requirements.

Minimum lot area	40,000 sq. ft.
Minimum lot width	150 ft.
Maximum lot coverage	20%
Minimum front yard	60 ft.
Minimum side/rear yard	25 ft., except that no building or parking shall be closer than 100 ft. to a Residential Zone boundary.
Maximum building height	60 ft.
Minimum landscaped area	50%

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Industrial.

Purpose. The purpose of the Industrial Zone is to establish a district for light manufacturing and other suitable uses to encourage the most appropriate development of industrial land, in harmony with the neighborhood.

Permitted use.

Professional offices.

Mill working shop;

Contractors materials and equipment storage yards and buildings;

Wholesale business and warehouse storage, excluding bulk fuel storage;

Foundries limited to the use of electric, electronic, and induction heating of metals and manufacture and storage of chemicals or plastics;

Manufacturing, machining, and assembling;

Plants for the processing and distribution of milk, dairy, and food products for human consumption and for bottling or packing beverages, pharmaceuticals, toilet preparations, perfumes, and similar products;

Research and development laboratories;

Class I restaurants;

Automotive-related uses which operate under a General Repairer's License issued by the State;

Building material sales, storage yards, and buildings;

Other industrial and commercial uses similar to the permitted uses.

Medical marijuana dispensary or production facilities: Subject to special exception and site plan approval.

Height and area requirements.

Minimum lot area	40,000 sq. ft.
Minimum lot width	150 ft.
Maximum lot coverage	25%
Minimum front yard	60 ft.
Minimum side yard	25 ft.
Minimum rear yard	20 ft.
Maximum building height	60 ft.
Minimum landscaped area	50%

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage, and other requirements.

Avon Village Center.

Preamble. The Avon Village Center Zone was developed as part of a comprehensive Village Center planning process, reflecting existing conditions in the center of Avon within the context of the Town's historical past. Through this planning process, it was recognized that Avon Center differs from the traditional concept of the New England town center in that it represents a historical composite of development rather than a formally designed area centered around a formal public open space. The planning process has resulted in the development of the new Avon Village Center Zone with the intention to create a zone and associated regulations that permits flexibility in future development that will still adhere to design principles and standards that are supportive of Avon Center's unique history and development pattern.

Purpose. The purpose of the Avon Village Center Zone is to provide for village center-scale development that reflects the historic character of Avon Center while enabling flexibility in development styles and uses. When applying for any Special Permit use in the Avon Village Center Zone, the applicant must provide a comprehensive master plan that encompasses and plans for the entirety of all property owned by the applicant within the Avon Village Center Zone. Development within the Avon Village Center Zone is intended to meet the following criteria:

Promote the goals and objectives of the Town of Avon's Plan of Conservation and Development (POCD), including the Design Guidelines and Recommendations for the Avon Village Center Zone;

Maintain and enhance village center-style character through architectural design, building orientation, street design and layout, pedestrian and nonmotorized vehicular accommodations, landscaping and the provision of public open space;

Establishing controls that will facilitate development while protecting the public interest and will promote a range and balance of land uses;

Protect, preserve and promote the unique historic and environmental character of the Avon Village Center area;

Provide for uses and activities that complement and reinforce those uses and activities existing in areas adjacent to the Avon Village Center, thereby facilitating integrated physical design and encouraging interaction among activities;

Promote the development of housing types and forms that meet the needs of smaller households and families;

Promote low-impact development (LID) principles, techniques and best management practices;

Provide a system of roads and streets that connects with the surrounding transportation network in a cohesive manner, accommodates pedestrians and non-motorized vehicles; and

Be consistent with the principles, objectives and guidelines of G.S. § 8-2j of the Connecticut General Statutes, as amended and generally known as the "Village Districts Act."

Establishment as floating zone and identification of landing area.

The Avon Village Center Zone is established as a floating zone within the Town of Avon.

When an applicant requests a Zoning Map Amendment to "land" the AVC Zone, the zone map amendment application must be accompanied by a mixed use development plan (MUDP), as described in greater detail in Section VI.I.6. below.

Architectural review.

The Avon Village Center Zone is hereby designated as a Village District as authorized by G.S. § 8-2j, as amended.

All new construction and substantial reconstruction activities for buildings existing as of the effective date of the landing of an Avon Village Center Zone that are visible from public roadways and that have not previously received special permit and/or site plan approval from the Commission shall be reviewed by an architectural or design professional designated by the Commission. Those reconstruction activities that constitute substantial reconstruction shall be determined by the Town's director of planning. All such activities shall comply with the general design guidelines and principles contained in G.S. § 8-2j, as amended, as well as the specific design guidelines provided in Appendix A herein.

In all cases, the determination of compliance with said design guidelines and approval of construction and modification activities shall be governed by the regulations and conditions contained in G.S. § 8-2j, as amended.

Special permit uses. The following special permit uses may be permitted subject to the standards and requirements contained in Section VI.I.6. below and Section VIII of these regulations:

Mixed use development, within which the following uses may be permitted:

Retail stores;

Business and professional offices;

Medical offices;

Personal services;

Trade, business or commercial instruction services, such as martial arts studios and dance studios;

Hotels and other hospitality uses;

Financial institutions;

Municipal buildings and uses;

AVON CENTER DESIGN DISTRICT

Recreation facilities and youth centers;

(10)

Educational and civic buildings and uses;

(11)

Arts centers and performance venues;

(12)

Multifamily residential units;

(13)

Elderly housing units;

(14)

Class I, II and III restaurants;

(15)

Other uses that the Commission, in its sole discretion, may deem to be similar in nature and scale to those identified in this section.

Mixed use development plan (MUDP).

Intent. A mixed use development plan is intended to provide for a multistep process that permits development flexibility within the context of a unified general master plan. It is also intended to define mixed use development projects in terms of physical design, architectural character, public amenities, site improvements, traffic improvements, mitigation actions, categories of uses and the general location of buildings. MUDP applications that provide a balanced variety of different uses compatible with the intent of the AVC Zone are strongly encouraged.

Definitions.

An individual development block identified within an MUDP. After the approval of a MUDP, individual Avon Center Design Districts (ACDDs) plans may be submitted to the Commission as special permit and site plan applications. The requirements for the submittal of an individual ACDD plan are set forth in Section I.6.g. below.

Each ACDD plan shall define in detail the site, the site plan, the proposed uses, site improvements, traffic impacts and their mitigation, environmental impacts and their mitigation, future division of the property, and other information required for the public, the Commission and other municipal boards, agencies and departments. In order for an applicant to receive approval for any ACDD, the applicant must demonstrate, and the Commission must make a determination, that the application is in compliance with the MUDP.

MAIN STREET

The primary roadway bisecting an MUDP, whether public or private, along and around which the proposed land uses and buildings are designed in a manner that provides a traditional "village center" or "downtown" atmosphere. A "main street" is often a relatively short segment of minor arterial or collector roadway forming the spine of a network of local roads and accessways that support the compact, mixed use center of the MUDP. "Main streets" also generally include on-street parking, ample pedestrian infrastructure, buildings and uses directly oriented toward the street itself, and properties with either very limited front yard setbacks or no front yard setbacks at all.

MIXED USE DEVELOPMENT PLAN

MUDP.

MIXED USE DEVELOPMENT PLAN (MUDP)

A generalized plan of proposed development within the Avon Village Center Zone. The MUDP is a required submittal as part of a zone map amendment application to "land" the AVC Zone. The requirements for the submittal of a MUDP are set forth in Section I.6.c. below. The MUDP will become the formally adopted master plan for the Avon Village Center Zone upon approval of the zone map amendment by the Commission.

MUDP requirements. An MUDP must meet the following requirements:

Encompass and plan for the entirety of all property owned by the applicant or its successors in interest, as of the effective date of these regulations, within the proposed Avon Village Center Zone;

Provide for a direct traffic connection that links all ACDDs within the MUDP and is designed, in both physical form and function, in the manner of a traditional "main street," as further defined under Section VI.I.6.b. above;

Provide a general conceptual site development plan (prepared by a licensed landscape architect in collaboration with an architect and/or other pertinent design/engineering professionals) showing the location and size of footprints for all proposed buildings; architectural style; a site grading plan indicating spot grade elevations; a parking plan; a landscaping plan; a roadway and traffic circulation plan; a preliminary earth removal and filling plan; a sidewalk plan illustrating walkways and accessways; an open space plan; and a description and map identifying any environmental constraints within the MUDP;

Provide maps, plans and other graphic illustrations that identify the general layout and organization of individual development blocks, referred to as "Avon Center Design Districts," including building footprints, heights, scale and massing. The applicant shall include a building setback schedule for each ACDD, identifying the proposed front yard, side yard and rear yard setbacks. Where necessary, the building setback schedule shall differentiate between setbacks for the perimeter of each ACDD and setbacks along new public or private streets within the ACDD. In addition, the applicant shall provide a building height schedule for each ACDD, identifying both maximum and minimum building heights.

Provide a preliminary utilities plan showing the general location of wastewater collection facilities; the location and type of stormwater management facilities; and the water distribution system to be used on the site;

Provide a preliminary parking and traffic circulation plan that demonstrates both how the parking and traffic circulation system for the entire mixed use development will function cohesively and that each ACDD will have sufficient parking and traffic circulation to function independently during the course of a phased development. Such plan shall include a description of the proposed roads and streets within the mixed use development, including roadway classification, roadway ownership (private or public), typical sections and details for proposed roads and streets, and specific information regarding the integration of pedestrian connections and nonmotorized vehicular accommodations within the overall MUDP development plan;

Provide an ownership, maintenance and management plan for all internal streets and roads, both private and public; sidewalks and other pedestrian circulation elements; and other areas of public use and congregation. All streets and roads that remain in private ownership shall have dedicated public easements of travel;

Provide text-based narrative that lists and discusses:

The potential mix of uses in the proposed development;

Descriptions and estimates of the total square footage of each use;

Total number of dwelling units (where applicable);

Public and private amenities included as part of the proposed development;

Amount of open space acreage;

Discussion of traffic and environmental impacts resulting from the development;

Any mitigation actions that may be required; and

General information regarding site lighting, signage and other site furnishing and amenities.

All of these items must be addressed both in aggregate for the entire proposed development and for each individual development block (ACDD).

Provide reports or studies conducted by a qualified third-party professional firm or individual to address the following potential impacts from the proposed development in the areas of traffic, the environment, the provision for and utilization of public services, and surrounding property values.

MUDP review criteria. All MUDP applications shall be subject to the requirements and criteria set forth in these regulations and the following additional requirements:

The Commission shall determine that the MUDP either is in conformity with the purpose of the Avon Village Center Zone, the intent of the MUDP process, and the MUDP requirements under Section VI.I.6.c. above.

Peer review and professional studies. As part of the MUDP application review process, and in addition to the design professionals retained under the authority of G.S. § 8-2j as amended, the Commission may engage qualified peer reviewers to review all MUDP applications and subsequent ACDD applications. The applicant shall be required to pay for all peer review costs associated with the assessment of submitted data and analyses, in accordance with Ordinance #55 of the Town of Avon, effective March 31, 2010.

Individual ACDD Application submission procedure and approval process.

The application procedure for an individual ACDD application shall be the same as for other special permit and site plan applications as described in Section X of these regulations and Section VI.I, herein. In addition, the ACDD applications shall include sufficient information for the Commission to assess the proposed development's ability to meet the performance standards contained in Section VI.I.6.l. herein.

The application review and approval process for an individual ACDD application shall be the same as for other special permit and site plan as described in Section X of these regulations, and in conformance with the requirements of G.S. § 8-3, as amended.

All individual ACDD applications must comply with the table of uses, the dimensional requirements and the aggregate limits established in Section VI.I.6.j.5. herein, with the design guidelines established in Section VI.I.6.j., and with the performance standards established in Section VI.I.6.l. herein.

ACDD application submission requirements. All individual ACDD applications shall be subject to the requirements and criteria set forth in Section X.A.1.a. of these regulations and the following additional requirements:

Include a copy of the MUDP and accompanying text describing how the subject ACDD special permit and site plan applications provide the level of integration with other portions of the Avon Village Center Zone as envisioned in the MUDP;

Include a phasing schedule for construction of each component part of the project which ensures integration of residential, nonresidential and recreational uses;

Include a demolition and construction schedule, including a construction traffic management plan;

Provide a detailed site development plan (prepared by a licensed landscape architect in collaboration with other pertinent design/engineering professionals) showing the location and size of footprints for all proposed buildings; architectural style; a site grading plan with finished floor elevations; a parking plan; a landscaping plan; a roadway and traffic circulation plan; an earth removal and filling plan; a sidewalk plan illustrating walkways and accessways; an open space plan; and a description and map identifying any environmental constraints within the ACDD;

Provide a detailed narrative description outlining the proposed ACDD development plan and the manner in which it functions effectively within the previously approved MUDP.

Modifications to the MUDP. Amendments to, and modifications of, the MUDP may be permitted with the separate submission of a ACDD site plan—plan modification subject to the following restrictions:

Modifications to the mix of uses in an ACDD shall not consist of more than 20 percent of floor area changing from either a commercial use to a residential use or from a residential use to a commercial use.

Modifications to the gross floor area of all uses in an ACDD shall not consist of a change of more than 20 percent in the amount of gross floor area in the ACDD.

Modifications to the height (in feet) of any structure in an ACDD shall not change by more than 25 percent of the original base height of the subject structure.

Modifications in the amount of usable open space shall not reduce the allocation of open space with the site plan without compensation elsewhere within the development areas approved under the MUDP.

Modifications to roads and accessways shall not eliminate the direct traffic connection that links all ACDDs within the MUDP designed as a "main street."

In addition, any changes proposed to the individual ACDD plans that would clearly result in a significant alteration to the character, function and/or the composition of the MUDP, as determined by the Commission, shall require the submission of a new special permit application. The new special permit application must follow the same process as described in Section X of these regulations, and in conformance with the requirements of G.S. § 8-3c, as amended.

Additional development requirements.

Subdivision of ACDDs. If the subdivision of a ACDD into individual parcels is required for development purposes, the design guideline standards contained in this Section VI.I. will govern in place of the design guideline standards contained in the Subdivision Regulations of the Town of Avon.

Public gathering space. Any MUDP must include a centrally-located open space available for public use and congregation. Such open space must be a minimum of 4,000 square feet in size, and shall be composed of a mix of appropriate landscape and hardscape elements. The design and selected location for this open space must be appropriately and effectively integrated into the overall site design for the MUDP, with particular attention paid to its connection to pedestrian circulation systems and elements.

Development phasing—Land uses. The intent of the AVC Zone regulations is to encourage cohesive mixed use developments with a balance of uses designed in a walkable, village center style. As such, any AVC Zone should be developed in a balanced manner throughout its development phasing cycle.

The phasing plan for any MUDP must take into account the need for a balanced approach for the development of individual uses. It is the Town's intention and desire that any MUDP must be composed of a mix of land uses during all phases of its development, not just as an end product. Therefore, the following sequence of requirements for pro rating the development of specific uses shall apply to all MUDPs:

•	Zoning certification for up to but not exceeding 25 percent of the residential units proposed in a MUDP may be issued only if 20 percent of the total non-residential gross floor area proposed in the MUDP has also received zoning certification.
•	Zoning certification for up to but not exceeding 50 percent of the residential units proposed in a MUDP may be issued only if 40 percent of the total non-residential gross floor area proposed in the MUDP has also received zoning certification.
•	Zoning certification for up to but not exceeding 50 percent of the residential units proposed in a MUDP may be issued only if all of the parks, recreation and open space elements proposed in the MUDP also have been constructed and, when required, conveyed to the Town of Avon.
•	Zoning certification for the full number of residential units proposed in an MUDP may be issued only if 60 percent of the total nonresidential gross floor area proposed in the MUDP has also received zoning certification.

The Commission, in its discretion, may modify these percentage requirements by up to ten percentage points if the applicant can demonstrated, and the Commission determines, that doing so would still enable the proposed development to meet the purpose and intent of the AVC Zone and would result in a development that is generally consistent with the Town of Avon's Plan of Conservation and Development. It shall be the responsibility of the applicant to notify any future purchasers of property within the MUDP of these conditions.

Development phasing—Infrastructure. Given the intended unified nature of development within an MUDP, the construction phasing for infrastructure components that effectively link individual ACDDs together to form a complete MUDP is a critical element in the MUDP development process. Therefore, all MUDP applications must include a descriptive narrative and associated graphic illustration of the proposed phasing of infrastructure components. The Commission shall have the ability to modify the proposed infrastructure phasing plan, in its sole discretion, as a condition of approval of the MUDP.

Parking—Modified standards. In general, the standards for the required number of parking spaces for each land use as established under Section VII.B. of these Zoning Regulations shall apply in the Avon Village Center Zone. However, it is recognized that the Avon Village Center Zone encompasses a unique area of the Town that is envisioned as mixed use development, many of which uses may have shared and complementary off-street parking needs. Therefore, in cases where the required number of parking spaces for a particular land use under Section VII.B. is greater than an applicable standard for the number of parking spaces required for such use according to data from the Institute of Transportation Engineers (ITE) or the Urban Land Institute (ULI), the Commission in its sole discretion may allow the use of the lesser parking space requirement standard. The applicant must provide sufficient evidence indicating that such parking reduction will neither create a shortage of parking spaces nor create ancillary negative traffic circulation impacts.

Aggregate development. Total aggregate development within the AVC Zone shall adhere generally to the following guidelines:

The total residential development component within the AVC shall be composed of approximately 400 to 500 dwelling units for the entire mixed use development, of which no less than ten percent shall be situated in mixed use structures. All dwelling units generally shall have two bedrooms or fewer.

The total nonresidential development component within the AVC shall be composed of approximately 500,000 to 600,000 square feet of gross floor area.

Cul-de-sacs and dead end streets. Streets shall be laid out in a manner that promotes safe and logical traffic circulation. Unless specifically approved by the Commission, the use of cul-de-sacs and other types of dead end streets should be avoided in all ACDDs that have any nonresidential land uses. Within ACDDs consisting entirely of residential uses, cul-de-sacs and other types of dead end streets may be permitted at the Commission's discretion.

Earth removal and filling. In general, all earth removal, grading and filling activities shall be conducted in a manner such that these activities will result in no net change in the amount of earth material brought into or removed from within the MUDP. Within each individual ACDD, the applicant shall demonstrate a balance of cuts and fills, unless waived by the Commission. At the Commission's discretion, removal of earth material from the MUDP may be permitted if it can be demonstrated by the applicant that doing so would produce a better overall development design.

Utilities. All utility lines serving new construction shall be buried underground in any MUDP.

Design guidelines.

Introduction. The AVC Zone is intended to implement the policies, goals and urban design principles articulated in official Town documents, calling for preservation and development of a mixed use and pedestrian-friendly "Main Street" character for the Avon Village Center, including the development of new structures and uses with appropriate architectural designs and the conservation and enhancement of the character of existing buildings, sites, streetscapes and pedestrian environments. This is accomplished through compliance with the following design and use standards that apply to new and existing architectural facades, sites and buildings, applied under the review procedures of this district. These design guidelines are intended to preserve, restore and enhance resources, improve property values, promote and support a vibrant business and residential environment, and enhance the architectural character and attractiveness of the village center.

These design guidelines are intended to be implemented through the Avon Village Center Zone regulations. They are intended to be used during review of projects proposed within the approved redevelopment areas. These guidelines were created to assist both the Commission and the project proponents with direction to maintain the quality of character in Avon's village center.

Context. The Avon Village Center Zone is a subset of the larger Town Center of Avon, which includes architecture representative of a mix of periods and design styles. This variation contributes to the unique character of Avon's Village Center. These design guidelines seek to emulate the many positive elements of Avon's existing town center architectural landscape.

Notable village center buildings from historic periods are the complex of buildings associated with Ensign Bickford and the stores and offices situated on the north side of West Main Street between Ensign Drive and Woodford Avenue. While these buildings may not be assumed as models for improvements in village center buildings and properties, the unique design and construction of these buildings could be used as a comparison for new construction.

Notable contemporary buildings are also present in the Village Center area. While these buildings do not conform to older historic character, they define some of the more recent periods of architecture, and must be considered as to what contributions they may provide to the overall uniqueness and character of the Avon Village Center. However, changes in the buildings have not all contributed to the aesthetics of the architecture or the character of Avon's Village Center. Many of the single-story commercial buildings in the surrounding area are examples of contemporary commercial buildings which are effectively only distinguishable by their tenant signage.

Principles of Village Center design. These design guidelines are meant to apply to the "public realm;" those building facades and spaces that are subject to public view from public areas and in public use. Interior spaces and building code compliance are not the subject of these guidelines but may be considerations under these design standards.

Overall principles include:
•	Support the village center redevelopment with projects that support multiple modes of accessibility and transit.
•	Support village center vitality with uses and spaces that contribute to the commercial and entertainment aspects of the village center and promote attractiveness for visitors and patrons of the area.
•	Reinforce the village center as a civic place with spaces for small public gatherings and discourse.
•	Use examples of existing architecture and design in the AVC as models for renovation and new design.

MUDP dimensional requirements.

Minimum lot size for each ACDD: Five acres, unless waived by the Commission. In order for an applicant to receive a waiver of this requirement, the applicant must demonstrate, and the Commission must make a determination, that there are unique characteristics of the subject area (such as physical characteristics of the land, unique relationship to the balance of the MUDP, or other special circumstances) that warrant a waiver of the minimum lot size requirements and that providing a waiver would produce a better overall development design.

Maximum building height: To be determine by the Commission, but in no case higher than 40 feet as measured according to the definition of "building height" in Section II of these regulations.

Maximum overall MUDP impervious surface coverage: 50 percent

Maximum overall MUDP building coverage: 30 percent

Minimum overall MUDP usable open space: 15 percent

Setbacks for MUDP perimeter.

•	General setback requirement: Minimum of 20 feet, maximum of 40 feet, unless waived by the Commission.
•	Setback for MUDP boundaries adjacent to or across a public right-of-way from a residential use or residential zone: Minimum of 35 feet, maximum of 60 feet and landscaped and design in accordance with the "B Bufferyard" standards under Section VII.A. of these regulations.

Performance standards.

Usable open space. A minimum of 15 percent of developable land area within the AVC shall be usable open space. The determination of whether designated areas constitute usable open space shall be made at the sole discretion of the Planning Commission.

Pedestrian walkways, nonmotorized vehicular accommodations, accessibility and connectivity.

All MUDP developments must provide a cohesive and coherent system of pedestrian connections and nonmotorized vehicular accommodations linking together the various ACDDs.

All MUDP developments must integrate pedestrian connections and nonmotorized vehicular accommodations to the Farmington Valley Greenway trail as part of their overall design.

All MUDP developments must provide pedestrian connections between development within the Avon Village Center Zone and Route 44 and Route 10.

Truck traffic circulation and deliveries.

Truck traffic associated with pickups and deliveries for uses in the Avon Village Center Zone is allowed only during approved hours of operation, generally 6:00 a.m. to 7:00 p.m. unless otherwise designated by the Commission.

Truck traffic shall not impede general traffic circulation within the Avon Village Center Zone. As part of any proposed development, an applicant shall provide reasonable off-street accommodations for all expected truck traffic associated with such development.

As part of any ACDD application, an applicant shall submit information describing the expected number, size and frequency of delivery and pickup vehicles to service the proposed development in each ACDD.

Low impact development.

All MUDP developments shall implement low impact development (LID) and best management practices wherever and whenever feasible. When considering issues of overall site design, stormwater drainage and infrastructure design, developers within a MUDP shall first consider LID best management practices (BMPs). If such BMPs are shown to be inappropriate or infeasible for use in a particular area or areas of the MUDP, conventional development methods may be considered and utilized. LID BMP categories shall include, but not be limited to, the following:

•	Hydrologic design elements (infiltration, retention and detention, biofilters)
•	Permeable pavement elements and disconnected impervious surfaces
•	Roadway, parking lot, driveway and pedestrian circulation design elements
•	Structural design elements (green roofs, rain water harvesting, foundation planting)
•	Landscaping design elements (soil amendments, street trees, selection of appropriate plant species)

All stormwater runoff generated from land development and land use conversion activities shall not discharge untreated stormwater runoff directly to a wetland, local water body, municipal drainage system, or abutting property, without adequate treatment.

The implementation and use of any alternative energy infrastructure, including, but not limited to, solar panels, micro wind turbines and micro water turbines, shall be appropriately integrated within buildings and structures so as to minimize any visual impacts associated with such infrastructure.

Environmental impact. Any environmental impacts or potential environmental impacts identified as part of a report submitted by the applicant per Section VI.I.6.c.9. herein, or any environmental impacts or potential environmental impacts identified through the peer review process under Section VI.I.6.e. herein, must be addressed to the satisfaction of the Commission prior to the start of construction.

Signage in Avon Village Center Zone (AVC).

In addition to any other signage permitted by the Avon Zoning Regulations the following signage shall be allowed in the AVC zone and may be permitted by staff as follows:

After approval of a Master Plan, one detached sign, not exceeding 32 square feet in area, may be erected at or near each of the following locations:

The intersection of Route 10 and Fisher Drive.

The intersection of Fisher Drive and Ensign Drive.

The intersection of Ensign and Bickford Drive.

The intersection of Ensign Drive and Arts Center Lane.

The intersection of West Main Street and Climax Road.

The intersection of Climax Road and Bickford Drive.

Each sign may be one-sided or two-sided. Note: A two-sided sign must have the respective faces of the sign no further than one foot apart at any point.

Section VII Land use and site development regulations.

Any sign permitted to be erected under this regulation shall be considered temporary and eligible for renewal after one year. Renewal shall be based upon:

The continued need for the sign.

The condition of the sign. Signs not properly maintained or in poor condition, or with out of date information will not be renewed and will be required to be removed.

Multiple signs on the same parcel which are visible at the same time will not be permitted.

Restricted Industrial Zone.

Purpose. The purpose of the Restricted Industrial Zone is to establish a district for light manufacturing and other specific and suitable uses to encourage the most appropriate development of land which can be used for the permitted uses and for Special Exception uses which the Commission finds meet the applicable requirements and which will still remain in harmony with the neighborhood.

Process. Upon application for either the establishment of a Restricted Industrial Zone which requires a zone change application or for a change of use in and established Restricted Industrial Zone or for approval to establish a new or any substantial change in use in an Restricted Industrial Zone a complete site plan with a detailed narrative is required to be presented and approved by the Commission.

Permitted uses.

Professional offices;

Retail and wholesale businesses and related warehouse storage;

Plants for processing, marketing and distribution of milk, dairy and food products;

Bottling and/or packing of beverages, pharmaceuticals, toiletries, and similar products;

Research and development laboratories;

Class 1 restaurants;

Other uses similar to permitted uses as may be permitted by the Commission.

Special exception uses.

Other industrial, commercial and residential uses similar to permitted uses and/or which are found to be in keeping with the stated purpose of this regulation and which meet the standards of Section VIII criteria;

Class II and Class III restaurants which may be permitted by the Commission if found that they will meet the standards of Section VIII;

Planned Residential Development (PRD) in accordance with Section IX.C;

Planned Elderly Residential Development (PERD) in accordance with Section IX.D;

Nursing and convalescent homes including without limitation, skilled nursing facilities and intermediate care facilities operated and maintained in accordance with the standards of the State Health Department and the State Commission on Hospitals and Health Care;

Schools, not to exceed 480 students. In addition to the criteria established in Section VIII of these regulations, the applicant shall demonstrate that the site can safely accommodate playgrounds, parking and stacking requirements; and that the location of the proposed site is a transition area between the more intense industrial uses of the Restricted Industrial Zone and adjacent less intensely zoned properties.

Height and area requirements.

Minimum lot area	40,000 sq. ft.
Minimum lot width	150 ft.
Maximum lot coverage	20%
Minimum front yard*	60 ft.
Minimum side/rear yard*	25 ft. except that no building or parking shall be closer than 100 ft. to a Residential Zone boundary.
Maximum building height	60 ft.
Minimum landscaped area	50%

Notes:

*Unless existing buildings and parking are proposed to be used and are found acceptable.

Land use and site development requirements. See Section VII for additional regulations relating to landscaping, parking, signage and other requirements.

[6-3-2008(3), effective 7-3-2008; 5-21-2013, effective 6-20-2013; 7-15-2014(1); effective 7-23-2014; 9-9-2014, effective 9-17-2014; 5-23-2017(3), effective 6-1-2017; 6-12-2018, effective 6-20-2018; 10-17-2017(2), effective 10-25-2017; 9-15-2020(2), effective 10-5-2020; 9-21-2021, effective 10-21-2021; 4-11-2023(1), effective 5-11-2023]

Landscape regulations.

Purpose. These landscaping regulations are adopted for the purpose of protecting property values by preserving existing vegetation and planting of new materials; providing privacy from visual intrusion, light, dirt, and noise; preventing the erosion of soil; providing water recharge areas; and improving the quality of the environment and attractiveness of the Town of Avon.

Overall landscaped area requirements.

Any lot developed for business or industrial use shall provide landscaped areas on the site which are, in the aggregate, at least 50 percent of the total lot area.

In the CS, CR, CP-A, CP-B, and I Zones, the Commission may allow by special exception a reduction in the overall landscaped area to 40 percent in the case of redeveloped sites, when in the opinion of the Commission, improvements to building and landscaping will be an overall benefit to the community and where the special exception criteria as outlined in Section VIII have been met.

Perimeter landscaped area requirements.

Front yard. Any lot developed for commercial or industrial use shall provide a landscaped area adjacent to the street which is not less than the width specified in the table below:

Commercial Retail
Commercial Specialized
Commercial Park A	25 feet
Office Park
Neighborhood Business	50 feet
Commercial Park B
Industrial Park
Industrial	60 feet

The front yard landscaped area shall contain at least one shade tree at least three inches in caliper for each 50 feet or part thereof of street frontage.

Side/rear yards. Any lot developed for commercial or industrial use shall provide a landscaped area along side and rear lot lines at least ten feet wide with one shade tree at least three inches in caliper for each 50 feet or part thereof of such lines.

In addition, 50% of the landscaped side yards shall be in landscaped areas at least 25 feet wide. The Commission may modify this requirement for excellence in landscaping on other parts of the site.

Parking lot, landscaped area requirements.

Any lot which contains parking facilities for more than ten cars shall also provide landscaped areas within the parking lot equal to at least 20% of the gross parking lot area. This landscaped area requirement shall be provided by landscaped end islands and landscaped center islands within the parking area which are designed and located to minimize the unattractiveness of parking lots. Landscaped end islands shall be a minimum of 15 feet in width and landscaped center islands shall be a minimum of 18 feet in width. One deciduous shade tree at least three inches in caliper shall be planted within the landscaped area for each ten parking spaces.

No parking area or driveways shall be closer than ten feet from any portion of a building other than its garage entrance or loading area apron. This ten-foot area shall be used for walkways and/or landscaping and this ten-foot area shall not be counted as part of the 20% requirement in Section VII.A.4.a.

Landscaped buffer requirements.

Landscaped buffers shall be provided where required by this section and shall conform to the standards illustrated in the bufferyard graphic.

Canopy trees shall be deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet. Understory trees shall be deciduous shade or fruit trees planted at two inches in caliper with a mature height of at least 12 feet.

Evergreens shall be coniferous species planted at six feet in height. Shrubs shall be either deciduous species planted at 2½ feet in height with a mature height of at least six feet or coniferous species planted at 2½ feet in spread.

Front yards. A front yard landscaped buffer, meeting or exceeding the requirements of the A-1 Bufferyard, may be required by the Commission in the Industrial Zone and Industrial Park Zone where necessary to preserve and protect residential property values and privacy of residential lots.

Front yards. A front yard landscaped buffer, meeting or exceeding the requirements of the A-2 Bufferyard, may be required by the Commission in Commercial or Industrial Zones where deemed necessary to screen parking lot areas from the public street.

Side/rear yards. A landscaped buffer shall be provided along side and rear yards where Commercial Zones, Industrial Zones, or approved special exception uses within Residential Zones abut Residential Zones or uses.

A bufferyard along the property boundary shall be provided as follows:

Type of Required Bufferyard	Conditions
B Bufferyard	Between any Commercial Zone and a Residential Zone or use.
	Between any approved special exception use within a Residential Zone and a Residential use.
C Bufferyard	Between any Industrial Zone and a Residential Zone or use.

These side/rear yard buffer requirements may be reduced or waived at the discretion of the Commission when warranted by special conditions.

The Commission shall determine which type of bufferyard within each category shall be used upon a review of the site design, topography, existing vegetation and abutting land uses. The Commission may authorize the use of existing vegetation in lieu of part or all of the bufferyard requirements. Also, the Commission may require the substitution of the evergreen plant materials shown in the bufferyard graphic. The use of B1, B2, or B3 berms may also be required by the Commission where deemed appropriate in any bufferyard as an additional buffering mechanism.

Existing vegetation. Existing plant materials may be used to meet all or part of the landscape regulations. Existing trees in good condition over 12 inches in caliper shall be preserved unless approved for removal by the Zoning Enforcement Officer.

Variations to landscape requirements.

Additional landscaping. The Commission may require additional landscaping or more mature plantings when unusual conditions require more extensive screening, or for noise abatement to prevent the depreciation of adjoining residential properties.

Reduced landscaping. The Commission may reduce the landscape requirements by not more than 25% for excellence in building or space design. The Commission shall consider, among other features, the site characteristics, compatibility of proposed structures with surrounding architectural types, quality of building materials and the size and quality of landscape materials.

Completion of landscaping. In new construction, all landscaping shown on the approved plan shall be completed before issuance of a Certificate of Occupancy, or a bond in a form and amount satisfactory to the Commission assuring completion within a specific time (not to exceed one year) shall be filed with the Commission. Such bond shall be forfeited if the work shall not have been completed within such time limit.

In additions or changes of use to existing buildings, a bond in a form and amount satisfactory to the Commission assuring completion of all landscaping shown on the approved plan within a specific time limit (not to exceed one year) shall be filed with the Commission. Such bond shall be forfeited if the work shall not have been completed within such time limit.

Landscape plan requirements. Landscape plans shall include a plant list, with plant names, quantities, size at planting, and size when mature. Typical sections may be shown. Existing planting shall be identified on the plan.

Parking regulations.

Purpose. These parking regulations are adopted for the purpose of providing sufficient parking facilities off the street to serve all existing and proposed uses.

Number of parking spaces. Parking spaces shall be provided on the same lot in sufficient number to accommodate the motor vehicles of all occupants, employees, customers, and any others normally visiting the premises at any one time. Spaces shall be provided in not less than the number indicated on the following table:

Use	Parking Spaces
Retail Stores:
0-10,000 sq. ft.	5 spaces for 1,000 gross sq. ft.
10,000—20,000 sq. ft.	5 spaces for 1,000 gross sq. ft.
20—40,000 sq. ft.	5 spaces for 1,000 gross sq. ft.
40,000 sq. ft. plus	5 spaces for 1,000 gross sq. ft.
	Commission discretion to add ½ space per employee.
Financial institutions	6/1,000 gross sq. ft.
Personal services	6/1,000 gross sq. ft.
Gasoline stations:
a. Without convenience store	3/service bay and 1 per 2 employees
b. With convenience store	6 per 1,000 sq. ft.
Major grocery store	5/1,000 gross sq. ft.
Offices	4/1,000 gross sq. ft.
Class I restaurant	10/1,000 gross sq. ft.
Class II and Class III restaurants	½ seats plus ½ employees plus an additional 10/1,000 sq. ft. of gross floor area. The additional 10 spaces/1,000 square feet requirement may be temporarily or permanently deferred in whole or part by the Commission upon a finding that additional parking is not needed.
Hotels, motels	1/guest room plus ½ employees plus additional spaces for accessory uses.
Industrial uses	3.3/1,000 gross sq. ft. or at Commission discretion based upon use: ¾ space per employee on the 2 largest shifts combined. (employee basis)
Residential Uses	1 per studio or 1 BR unit. 2 per 2+BR unit. No parking on street.
Theaters, churches, public assembly, recreation, etc.	1 per 4 seats per max. as assigned by Fire Marshal
Shopping centers:
20,000—40,000 sq. ft.	5 spaces per 1,000 gross sq. ft.
40,000 sq. ft. plus	5 spaces per 1,000 gross sq. ft.

Notes:
(1)	The Commission shall determine the required number of parking spaces for all uses not included in the above table, based on those criteria.
(2)	The Commission may determine that part or all of an office building's atrium area, exclusive of stairwells, elevators, etc., does not require any parking spaces if the area primarily serves as an interior landscaped amenity.
(3)	The following rules shall apply when computing required parking for a shopping center:
	-If more than 25% of the gross building area of a shopping center is to be used for Class I, Class II, or Class III restaurant(s), that portion over 25% shall provide additional parking at the regular shopping center rate (either six or seven spaces/1,000 square feet of gross floor area) plus an additional ten spaces/1,000 square feet of gross floor area.
	-Any temporary or permanent reduction of parking requirements which may have been granted by past action of the Commission under Section VII.B.4. shall not be automatically applied to the shopping center rate. Proposed alterations, expansions, or other changes to a shopping center will only be permitted if compliance with these parking standards can be achieved, or if the Commission grants a temporary or permanent reduction in parking.
	-Any property meeting the definition of a shopping center or located within a shopping center must utilize the shopping center parking requirements. Parking may not be based on the composite of individual uses. For example, the office use rate of five spaces per 1,000 sq. ft. may not be applied to buildings or portions of buildings within a shopping center used as offices.
	-Any retail plaza which contains a major grocery store shall compute parking requirements based on the composite of individual uses.
	-Where property within a CP-A Zone would constitute a shopping center under Section II of these regulations, the parking rate shall be based on the composite of individual uses.
(4)	Basement areas occupied by a principal use shall be used to calculate parking requirements; otherwise they shall be used only for utility and storage purposes accessory to the principal use of the building.
(5)	Consolidated parcels which involve the combination of a hotel project larger than 50 rooms in size with a retail development shall provide parking at the following rates:
	Category 1: Retail development is 20,000-40,000 square feet in size.
	Use	Parking spaces
	Retail component	6/1,000 gross sq. ft.
	Hotel component	Regular rate (one/guest room plus 1/2 employees plus additional spaces for accessory uses)
	Category 2: Retail development in excess of 40,000 square feet
	Retail component	5.5/1,000 sq. ft.
	Hotel component	Regular rate (1/guest room plus 1/2 employees plus additional spaces for accessory uses)
(6)	*The Commission may, by special exception, reduce the required rate of parking for any industrial use based on the individual needs of the industrial occupant of the building. In making such a determination, the Commission shall be guided by the actual number of employees; the amount of space within the facility which is used to house equipment; and the ability of the applicant to demonstrate that future parking may be created should it become necessary for either the current occupant or a future occupant of the building.

Size of parking facilities.

The dimensions for parking spaces and drive aisles shall conform to the following table:

		Degrees
		90	60	45
A)	Double parking bay	60 ft.	58 ft.	53 ft.
B)	Depth of bay	18 ft.	20 ft.	19 ft.
C)	Aisle width	24 ft.*	18 ft.	15 ft.
D)	Width of space	9 ft.	9 ft.	9 ft.
E)	Depth of space	18 ft.	18 ft.	18 ft.

Notes:

*Aisles for single-loaded parking bays may be 22 ft. wide.

Aisles for 90-degree parking are for two-way circulation, and aisles for 60-degree and 45-degree parking are for one-way circulation.

Other standards.

The outside radius of parking lot end islands shall be ten feet minimum.

All other radii shall be five feet minimum.

All interior landscaped islands shall be a minimum width of 18 feet.

Where parking spaces overhang a concrete or bituminous walk (minimum six feet in width), the depth of the parking space may be reduced by two feet.

Reduction of parking facilities.

Permanent shared use reduction. The Commission may permit a reduction of up to 25% of the required parking spaces due to shared use of parking facilities when the parking needs of the joint users occur at different hours of the day.

Permanent compact space reduction. In parking lots in excess of 50 spaces in the I or IP-Zone, the Commission may allow the installation of compact spaces, not to exceed 25% of the total number of spaces installed, at eight feet by 16 feet. These spaces shall be clearly designated as compact car parking. This reduction may only be considered for single-tenant buildings where there is reasonable assurance of private control of these areas.

Temporary installation reduction. The Commission may waive the immediate installation of up to 25% of the required parking spaces where sufficient evidence has been presented, in the judgment of the Commission, to show that the reduced parking facilities will adequately serve the proposed use. Before approval of a waiver by the Commission, the applicant shall show upon the site development plan the complete layout for the full parking requirements. The owner shall file that plan in the Office of the Town Clerk, stipulating that the owner, or the successor and assigns of the owner, will install as many of the waived parking spaces as the Commission deems necessary within six months of the Commission's request, when, in the opinion of the Commission, such installation is needed.

Commercial Specialized Zone. Within the CS Zone, the Commission may permit up to a 30 percent reduction in the required rate of parking for large developments which meet the definition of a shopping center. The Commission shall consider the location of parking spaces in order to provide convenient access to storefronts, the unique characteristics of specialty retailers who as a result may have less than average demand for parking, and the ability of retailers to share parking in a complementary manner due to peak parking needs for retailers occurring at different hours of the day.

Parking lot and site design.

Except for residential uses, no lot shall have more than one driveway for each 150 feet of frontage. In order to protect the public safety where traffic volumes, patterns, or street geometry warrants, the Commission may require that only one driveway serve any lot regardless of the length of street frontage and may designate the location of any driveway. In the case of corner lots, driveways shall be located not less than 150 feet from the intersection of the street lines of the lot. In the case of a corner lot having frontage of less than 150 feet, the driveway shall be as far from the intersection as is practical. Driveways entering streets at a curve or at the crest of a hill shall be located to provide the maximum sight distances possible.

Driveways shall be designed to be as perpendicular to the street line as possible, and in no case may the angle between the street line and the driveway centerline be less than 60 degrees.

Parking lots designed for 90-degree parking are encouraged and may be required by the Commission; however, where a one-way circulation pattern is desired due to traffic safety considerations, the Commission may require angle parking.

Parking lot aisles longer than 45 feet may not be dead-ended and must provide continuous circulation; however, the Commission may modify this standard if turnaround areas and adequate overall site circulation is still provided.

Surface treatment. All parking spaces, loading facilities, and access roadways shall have at least six inches of process stone and 2½ inches of bituminous concrete as surface treatment unless waived by the Commission for other surface treatment which, in the opinion of the Commission, will provide an adequate all-weather surface.

Handicapped spaces. Parking spaces designed for handicapped persons shall be provided in all parking lots in excess of ten cars. Spaces shall be clearly delineated at 15 feet by 18 feet and shall be posted for use by handicapped persons only. Spaces shall be provided in not less than the number required by the General Statutes of the State of Connecticut.

Sign Regulations.

Purpose.

The general purposes of the Sign Regulations are to set forth standards to control the location, size, number, lighting, and character of signs located in all zones in order to further the purposes set forth in Section I of the Zoning Regulations, and to avoid conditions of clutter and unsightliness.

The specific purposes of the Sign Regulations are to:

-Preserve the public health and public safety by controlling a sign's size, location and character so it will not confuse, distract, mislead or obstruct the vision necessary for traffic safety; and

-Preserve the general welfare by controlling the aesthetics and attractiveness of signs in order to: protect the residential, business, industrial and historic character of each zone; mitigate any negative impacts on adjoining properties; assist in achieving a more desirable environment in order to maintain property values and to encourage economic growth; and to avoid negatively altering the essential characteristics of the area.

General regulations.

Sign. Any natural or artificial structure, object, device, light or display which is used to advertise, identify, or attract attention to any object, product, institution, organization, business, service, or location by any means, including but not limited to letter, number, banner, flag, insignia, device, designs, symbols, fixtures, colors, illumination or logo, and which is situated so that it can be seen from a street. One flag or any one insignia of any governmental agency shall not be considered a sign within the purpose of this regulation.

Sign area measurement. The sign area shall be the smallest area which encompasses all letters, designs, symbols, logos including the advertising surface. The sign area shall include any background material if such material is designed to be an integral part of the sign because of its texture, color or building material.

Minimum letter size on permanent detached signs. To ensure that the message on all signs can be safely read from adjoining public streets, all letters, numbers, and logos contained within the sign shall be a minimum of nine inches in height unless waived by the Commission upon a finding that the sign can be safely read by passing motorists driving on adjacent public roadways. In reviewing a request for such a waiver, the Commission shall base its decision on whether the letters are of adequate size to make it possible for the sign to be read and understood within a time frame consistent with safety and safe driving practices.

Sign illumination. No flashing, intermittent, intensity variations of light, or exposed neon lights are permitted. Signs may be externally illuminated provided that the source of light is shielded from the road and adjacent properties. Internally illuminated signs shall consist of a dark background with light lettering, unless waived by the Commission. No internally illuminated signs are permitted in the NB or CS Zone.

Sign motion. No sign or any part thereof shall be moving whether by mechanical or other means.

Sign review procedure.

Sign permits. All permanent signs shall have a building permit obtained from the Building Department before the sign is erected. Application shall include a plan of the sign and its location on the site.

Sign concept. As part of the review for site plan applications or modifications to site plan applications, the Commission shall review and approve a sign concept. A sign concept review shall include information on the size, shape, materials, lighting and location of signs. The purpose of this review is to ensure compliance to these regulations and compatibility to the building and surrounding properties. No permits shall be issued for signs which conflict with the approved sign concept.

Prior to obtaining a building permit for a sign, all new or replacement signs larger than 75 square feet shall be approved by the Commission. This may be submitted as part of the site plan application or application for sign review may be made at a later date on forms supplied by the Commission.

Temporary detached signs. Temporary detached signs may be displayed in accordance with the criteria specified below:

Real estate signs. One four-square-foot sign per road frontage may be displayed on the parcel in any zone advertising the sale, lease, or rental of the premises.

Construction sign. One sign not exceeding 32 square feet may be displayed in any zone designating the owner, contractor, or other pertinent data relating to a construction project. Such sign shall be removed within five days after the issuance of a Certificate of Occupancy.

Business promotions. One sign not illuminated and not exceeding 12 square feet may be displayed by every business in the CR, CS, CPA, CPB, OP, and NB zones not more than twice in the same calendar year, for up to two weeks each time, for sales, special promotions, or new business announcements. All businesses shall obtain permits from the Zoning Enforcement Officer prior to the sign being displayed.

Renovation signs. One four-square-foot sign may be displayed on a residential lot designating the contractor and the service being provided. Such sign shall be removed within five days after the completion of the renovation work.

Subdivision signs. One sign not exceeding 12 square feet may be displayed on an approved lot within a newly approved subdivision designating the subdivision name, owner and other pertinent data. Such signs shall obtain permits from the Zoning Enforcement Officer prior to being erected and shall be removed upon the issuance of certificates of occupancy for 75% of the homes constructed within the subdivision or upon approval of a permanent sign identifying the subdivision under Section VII.C.3.b.(3) of these regulations.

New business signs. One sign not illuminated and not exceeding 12 square feet may be displayed for any new business in a commercial zone for up to 30 consecutive days. A new business is defined as any business which moves into a new location subsequent to the adoption of this regulation. Any business which has met this definition and has received a certificate of occupancy within six months of adoption of this regulation shall also be permitted a new business sign for 30 consecutive days. A permit for such sign shall be obtained from the Zoning Enforcement Officer prior to display of the sign.

Nonconforming signs. Repairs or alterations to nonconforming signs are permitted provided that the cost of such repairs or alterations does not exceed 25% of the replacement cost, and provided that the nonconformity is not increased or enlarged.

Signs in Residential and Rural Zones.

Permitted signs.

Identification sign. One wall or detached sign not exceeding two square feet may be displayed designating the name and address of the occupants of the premises. Home occupations, major and minor, may also designate the occupation or business located on the premises.

Signs allowed by special exception.

One detached sign not exceeding 12 square feet for identification of an authorized special exception may be permitted by the Commission as a special exception in accordance with the criteria established in Section VII.C.5.

Governmental signs. One detached sign not exceeding 12 square feet for identification of public and government facilities may be permitted by the Commission as a special exception in accordance with the criteria established in Section VII.C.5.

One permanent detached residential development sign designating the name of a residential subdivision which meets the following criteria:

(a)	The sign shall be single sided and not exceed 12 square feet in area.
(b)	The sign and structure supporting the sign shall not exceed five feet in height.
(c)	Only materials requiring low maintenance such as stone and brick shall be utilized for the sign and structure.
(d)	The sign shall be located outside of the road right of way [right-of-way]. The applicant shall provide written documentation which demonstrates that appropriate instruments will be executed that guarantee the perpetual maintenance of the sign. This responsibility may be assigned to an individual lot owner or several lot owners and may include a homeowners' association. All appropriate documents shall be recorded in the Office of the Town Clerk prior to the issuance of a building permit to construct the sign.
(e)	Where a residential development has more than one entrance road intersecting with established roadways, the Commission may permit more than one sign meeting the criteria contained herein. Priority shall be given where new entrance roads intersect with existing collector or arterial streets and to larger developments such as those in excess of 20 lots.
One permanent detached residential development sign designating the name of the Multiple-Dwelling Development, Planned Residential Development, or Planned Elderly Residential Development which meets the following criteria:
(a)	The sign may be single or double sided and not exceed 12 square feet in area per side.
(b)	The sign and structure supporting the sign shall not exceed five feet in height.
(c)	Only materials allowed to be utilized for the sign shall be approved by the Commission.
(d)	The sign shall be located outside of the road right-of-way. The applicant shall provide written documentation which demonstrates that appropriate instruments will be executed that guarantee the perpetual maintenance of the sign. All appropriate documents shall be recorded in the office of the Town Clerk prior to the issuance of a building permit to construct the sign.
(e)	Where the residential development has more than one entrance road intersection with established roadways, the Commission may permit more than one sign meeting the criteria herein. Priority shall be given where new entrance roads intersect with existing collector or arterial streets.
(f)	The sign(s) may be externally illuminated provided that the source of illumination shall not be visible from any public road.

Reserved.

Off-premises signs for nonprofit organizations. Government, religious, fraternal, and other nonprofit organizations may erect one off-premises sign for the purposes of directing traffic to the location of the nonprofit organization. Such sign, if approved by the Commission, shall be placed on a Town street sign. The size, design, and materials used shall be consistent with the Unified Traffic Control Manual. In no case shall a sign exceed two square feet in area. All signs shall be made and installed by the Town of Avon Department of Public Works. The cost of manufacturing such signs shall be borne by the applicant. The Commission shall determine whether the location of the nonprofit organization warrants a directional sign for reasons relating to public safety.

Signs in Commercial, Avon Village Center, and Industrial Zones.

Window Signs.

(1)	Windows signs are defined as follows: A non-illuminated, non-flashing, non-moving sign, as defined elsewhere in these regulations, which is placed in a window(s) of a commercially zoned or commercially used building or establishment.
The types of window signs are:
	(a)	Window signs containing any text regarding the service or product sold, leased, used, or rented by the commercial establishment; or
	(b)	Window sign or window decoration not containing any text regarding any product or commercial product intended primarily to obstruct view from the exterior into the commercial establishment for a valid, lawful purpose.
The permitted maximum sizes or total area of the above types of window signs are:
	(a)	Window sign containing any text: maximum total size is eight square feet for one window; and
	(b)	Window sign not containing any text: maximum area of such signage is limited to 25% of the total window area of the specific commercial establishment; and
	(c)	Any text on a window sign must be contained within the smallest window area and may not be spread across multiple windows.

Signs allowed by special exception.

Detached identification signs. One sign per lot, or per consolidated parcel, not exceeding 12 square feet in area and not exceeding eight feet in height above the ground, for identification of an occupant, building or complex may be permitted by the Commission as a special exception in accordance with the criteria established in Section VII.C.5. To assist the public in identifying the street address of a place of business and as an aid to public safety, applicants seeking approval of a detached sign shall include a street number to be located on the top of the proposed sign. This number shall be flush-mounted with the top of the sign. An applicant shall utilize a street number as assigned by the Avon Tax Assessor. Numbers may not be depicted utilizing letters or Roman numerals. The number shall be housed in an area no larger than 12 inches in height and 24 inches in length and contain numbers which are a minimum of nine inches in height. To aid in public safety, the area used for the number shall be similar in design, construction, and color to the main portion of the sign.

The street number shall be exempt from the height and area requirements otherwise specified in this regulation.

Special exception criteria for signs. Before granting special exception approval for a sign, except for roof signs, the Commission must find that:

The location, size and other aspects of the proposed sign will be in harmony with the orderly development of the area and will not alter the essential characteristics of the area,

The landscaping, lighting, materials and design elements of the proposed sign are attractive and suitable in relation to site characteristics, the architecture of the building and the style of other buildings in the immediate area; and

One or more special circumstances or conditions, which are unique to the premises and not shared by other premises in the neighborhood, diminish recognition of the business conducted therein; limit easy identification of a commercial complex; or create a potential traffic hazard. Such special circumstances or conditions shall include, but not be limited to the location of the building on the lot; location of buildings on adjacent lots; topography; or the configuration of the lot.

Site development requirements for a coverage increase on certain commercial and industrial properties.

Purpose: To allow an increase in building coverage for certain commercial and industrial sites in exchange for certain specific on-site improvements or off-site arrangements related to sustainability and resilience.

The maximum site coverage for commercial sites is limited as shown in Column 1 below.

The coverage increases which may be applied for are shown in Column 2 and Column 3.

Zone: Maximum Permitted Lot Coverage	Stage 1: Up to 25% increase	Stage 2: Up to 50% Increase
Office Park: 10%	12.5%	15%
Neighborhood Business: 10%	12.5%	15%
Commercial Park A: 20%	25%	30%
Commercial Park B: 20%	25%	30%
Industrial Park: 20%	25%	30%
Commercial Retail: 25%	31.25%	N/A
Commercial Specialized: 25%	31.25%	N/A
Industrial: 25%	31.25%	N/A

An increase in building coverage over the permitted coverage may be applied for as follows:
1.	A special exception and site plan application is required to be filed showing existing and proposed conditions; and
2.	The Commission may grant the requested increase in coverage in stages as shown above or it may grant a maximum increase in coverage of up to 50 percent of the currently permitted maximum coverage as shown above; and
3.	As part of the application and in order to gain approval, the applicant shall show all other requirements of site development and special exception requirements of Section VIII, are met; and
4.	Coverage increases may only be applied for as follows: Stage 1 only or Stage 1 and 2 combined; and
5.	This coverage increase is a one-time only increase and may not be reapplied once a specific site has obtained the maximum applicable increase from the originally permitted coverage maximum as shown in the table above; and
6.	Possible sustainable design principles to consider: All items must be above and beyond any existing applicable Code requirements. A long term maintenance agreement is also required for each coverage increase item; and
7.	Rehabilitation or desirable expansion of existing structures using sustainable menu items herein is required; and
8.	Incorporation of appropriate low impact development (LID) strategies into the plan for the site/area is required.
Coverage increase items: An increase of up to 25 percent of the currently permitted maximum coverage of the site may be permitted by the applicant selecting and agreeing to properly design, install and maintain in perpetuity at least one item from each of the following categories. Items must be compatible but not redundant. Stage 1 items are to be used first and may not be bypassed. For Stage 2 application at least two compatible and coordinated items from each category must be selected. The Commission may, for good cause shown, adjust these requirements to gain a more desirable project for either a Stage 1 or Stage 2 application.
Commission determination on the acceptability of any coverage increase item is final.
(a)	Energy: Generation/conservation/efficiency.
	1.	Architecture of significant merit and including green building practices: Certification by Energy Star, National Green Building Standard, Green Globes, LEED, or other verified certification in excess of CT Building Code requirements. Peer review architect/sustainability consultant may be required to be paid for by applicant.
	2.	Use of properly designed and located solar arrays in parking lots as vehicle cover. Owner is responsible for any necessary easement acquisition. For Stage 1 coverage increase the minimum parking lot solar coverage is 15 percent. For a Stage 2 coverage increase minimum parking lot solar coverage must total 30 percent. In addition the provision of at least three public electric vehicle charging stations where public access is available and desirable is required for either Stage 1 or Stage 2.
	3.	The site development includes the design and construction of a qualified green roof on at least 50 percent of the entire existing structure and 100 percent of new structure and energy conservation/green energy use/production, green roofs/cool roofs, and exterior lighting with energy reduction specifics such a qualified energy saving lighting.
	4.	Building: (All required for this credit).
		a.	Orientation to be optimized for solar gain using passive or active techniques; and
		b.	Site organization and building orientation to minimize heat loss above code requirements; and
		c.	Architecture: Facades, (variety of features to break down mass and scale of large buildings as they appear.)
	5.	The building is designed and constructed to a very high level of energy efficiency (LEED gold or platinum level or other similar rating standard level.) This may include highly energy efficient building materials, windows and doors and items such as rooftop solar panel utilization.
(b)	Stormwater: Pervious cover/stormwater management. The total site impervious cover (building, parking and all walkways) may be increased by up to 15 percent in acknowledgement of a credit for site impervious cover reduction of 25 percent may be granted for 1—3 of the following:
	1.	Placement of pervious or replacement of existing impervious surface(s) with permeable materials. Pro rata percent of credit is to be coordinated with Town Engineer and based on valid design information of the material and technique to be used based on site and lab testing as may be required.
	2.	Use of low impact development (LID) techniques determined to be acceptable and desirable for the subject site by Commission staff and Town Engineer and as may be approved by the Commission. This may include a zero increase in the rate and zero increase in the total volume of stormwater runoff from the developed site.
	3.	Optimize parking design, location and screening, pervious parking and locate parking to side or rear of building so as to reduce visual impact, or construct low earthen berms, masonry or stone walls as may be appropriate for the site to screen parking from abutters or public roadways.
(c)	Water conservation.
	1.	High level of water conservation through the use of water conservation plumbing fixtures to be coordinated with FVHD and Building Official, including the use of greywater system(s), as permitted by applicable codes for either reuse or landscape watering.
	2.	Landscaping and stormwater facilities, to include the use of low water use and native plant materials. Incorporate stormwater design with required landscaping and planting of at least three overly large landscape specimen trees on the site. Maintenance plan required.
(d)	Site design and land use/agricultural preservation.
	1.	Connectivity, (to onsite or off site pedestrian, bicycle and "desirable" vehicular linkages. Possible sidewalk construction to town standard or better, if and where appropriate. Connectivity pathways to be constructed as appropriate to the specific application using pervious materials.
	2.	Building transition to surrounding uses, to provide transition in massing and height between existing/proposed building and abutting use(s).
	3.	A proper permanent development rights restriction as approved by the Commission and documentation approved by the Town Attorney, may be acquired and donated to the Town of Avon for a privately owned property/Open Space Parcel or Agricultural land property as identified in the Avon POCD Chapter 13 as may be approved by the Commission. Such a restriction shall be determined to be of acceptable, proportionate coordinated value with the proposed coverage increase, and is to be coordinated with all appropriate staff and Town Attorney.
(e)	Other significant sustainable principles and tactics as may be proposed by staff or applicant and which may be found acceptable to the staff and the Commission as technology advances and which may be found as appropriate can be included and proposed to be used for such a request.

Section VIII Special exception criteria.

In considering an application for special exception (except for signs), the Commission shall determine that the following specific conditions are met:

Suitable location for use. That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area and compatible with other existing uses.

Suitable structures for use. That the kind, size, location and height of structure and the nature and extent of landscaping on the lot are appropriate for the use and will not hinder or discourage the appropriate use of adjoining property or diminish the value thereof.

Neighborhood compatibility. That the design elements of the proposed development are attractive and suitable in relation to the site characteristics and style of other buildings in the immediate area, and that the proposed use will not alter the essential characteristics of the area or adversely affect property value in the neighborhood.

Adequate parking and access. That the parking and loading facilities are adequate and properly located and the entrance and exit driveways are laid out to achieve maximum safety.

Adequate streets for use. That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic generated by the proposed use, and the proposed use will not impede the implementation of the Traffic Circulation Plan.

Adequate emergency access. That the proposed use shall have easy accessibility for fire apparatus and police protection and is laid out and equipped to further the provision of emergency services.

Adequate public utilities. That the water supply, the sewage disposal, and the stormwater drainage shall conform with accepted engineering criteria; comply with all standards of the appropriate regulatory authority; and not unduly burden the capacity of such facilities.

Environmental protection and conservation. That the proposed plans have provided for the conservation of natural features, drainage basins, the protection of the environment of the area, and sustained maintenance of the development.

Consistent with purposes. That the proposed use will not have any detrimental effects upon the public health, safety, welfare, or property values, and that the proposed use will not conflict with the purposes of the regulations.

Section IX Special regulations.

[4-24-2007, effective 5-24-2007; 9-27-2016(1), effective 10-5-2016; 12-14-2021(2), effective 1-13-2022]

Multiple-Dwelling Development.

Purpose. It is the purpose of this section to permit variations in height, bulk, density, and residential use types which would not otherwise be possible; and permit flexible site design so that the development may be constructed in harmony with and preserve natural site features.

Procedure.

Multiple Dwelling Developments may only be permitted by the Commission as a special exception in certain zones where indicated. The Commission shall determine that all the specific conditions of Section VIII are met.

Before any building permits are issued for buildings in a given phase, a bond in a form and amount satisfactory to the Commission shall be posted by the developer to guarantee the construction of the site improvements and to cover erosion and sedimentation control.

In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of all improvements on the site.

Permitted uses.

Single and Multiple Dwelling Unit buildings[;]

Playgrounds, recreation areas, parks, open spaces and natural areas[;]

Accessory uses and structures; such as private garages, swimming pools, clubhouses, recreation facilities; and other structures and facilities which are customarily incidental and subordinate to the principal uses.

Area and height requirements.

Minimum parcel size	5 acres
Maximum lot coverage	15%
Maximum density	4 units/acre (See Section III.D.)
Minimum front yard	60 ft.
Minimum side/rear yards	30 ft. except that yards abutting a land use other than multiple dwellings shall be 60 ft.
Maximum building height	3 stories

Utility requirements.

Roads. Roads shall conform to the applicable section of the Subdivision Regulations of the Town of Avon except that the Commission may modify width of pavement and curbs upon recommendation of the Town Engineer.

Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.

Sewage. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.

Other utilities. All other utilities shall be located underground.

Land use and site development requirements.

Parking. Parking facilities shall be provided in accordance with Section VII.B. of these regulations. Spaces shall be provided with convenient access to the front entrances of the buildings.

Landscaping. A landscape buffer conforming to the requirements for a B Bufferyard as specified in Section VII.A.5., shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission.

However, where variations in topography, natural features, existing vegetation, or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.

The Commission may require suitable landscaping within a Multiple Dwelling Development to assure privacy of individual residential units.

Open space. Consolidated open space, totaling at least 15 percent of the site, shall be provided within the development. Open space shall be located so as to preserve significant natural site features and maximize the utility of the open space to the residents.

Building locations. All buildings erected in a Multiple Dwelling Development shall observe the following location requirements:

Principal buildings shall be separated at least:

Thirty feet or the height of the building, whichever is greater, from another principal building where either wall has openings; 15 feet or half the height of the building, whichever is greater, from another principal building where neither wall has openings;

Ten feet or the height of the accessory building, whichever is greater, from an accessory building; and

Twenty-five feet from the edge of pavement of any main road, cul-de-sac, or parking area.

Accessory buildings shall be located at least:

Twenty-five feet from the edge of pavement of any main road, and

Ten feet from the edge of pavement of any cul-de-sac, parking area, or other accessory building.

Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.

Porches and decks shall observe the above separation requirements.

The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, the public health, safety, and welfare are safeguarded.

Living area. Each unit in a Multiple Dwelling Unit building of any type shall contain at least 600 square feet of living area for a one-bedroom unit, plus, at least an additional 200 square feet of living area in the unit as a whole for each additional bedroom.

Maintenance. In Multiple Dwelling Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.

Cluster Development.

Purpose. It is the purpose of this section to permit variations in residential developments which would not otherwise be possible; permit flexible site design so that development may be constructed in harmony with and preserve natural site features; and permit residential developments which are sensitive to parcel configuration, topography, natural features, and the surrounding neighborhood.

Procedure.

Cluster Developments may only be permitted by the Commission in Residential Zones, except the R-15 Zone, as a special exception. The Commission shall determine that all specific conditions of Section VIII are met.

Applications which propose subdivision of the property shall submit plans of the proposed subdivision complying with the Subdivision Regulations of the Town of Avon.

Before any building permits are issued for buildings in a given phase, a bond in a form and amount satisfactory to the Commission shall be submitted by the developer to guarantee the construction of the site improvements and to cover erosion and sediment control.

In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of the improvements on the site.

Permitted uses.

Single-family dwellings.

Playgrounds, recreation areas, parks, open spaces, and natural areas.

Accessory uses and structures; such as private garages, swimming pools, clubhouses, recreation facilities, and other structures and facilities, which are customarily incidental and subordinate to the principal uses.

Area and height requirements.

Minimum parcel size	10 acres
Maximum lot coverage	15%
Maximum building height	35 feet
Maximum building height	2½ stories

Utility requirements.

Roads. Main roads within the development shall be public, but cul-de-sacs may be private. All roads shall be built to the structural specifications of the Subdivision Regulations of the Town of Avon, except that the Commission may modify the width of pavement, curbs, and drainage requirements for private cul-de-sacs upon recommendation of the Town Engineer.

Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.

Sewage. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.

Other utilities. All other utilities shall be underground.

Land use and site development requirements.

Density. Gross density shall not exceed that of the existing zone. (See Sections III.D and IV.A).

Landscaping. A landscape buffer conforming to the requirements for a B Bufferyard as specified in Section VII.A.5 shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission.

However, where variations in topography or natural features, existing vegetation or compatible land uses obviate the need for such buffer, the Commission may modify or waive this requirement.

The Commission may require suitable landscaping within a Cluster Development to assure privacy of individual residential units.

Open space. Consolidated open space shall be provided within a Cluster Development as much as possible. Areas not committed to residential use and containing significant natural features shall be preserved through the use of conservation easements or through dedication to either the Town of Avon, if requested, or suitable conservation organizations.

Building locations. All buildings erected in a Cluster Development shall observe the following location requirements:

All buildings adjacent to public streets shall observe the front yard setback requirements established in Section IV.A. of these regulations.

All buildings shall be set back at least ten feet from any property line within a Cluster Development.

Principal buildings shall also be separated at least:

Thirty feet or the height of the building, whichever is greater, from another principal building, or an accessory building on a separate lot;

Ten feet or the height of accessory building, whichever is greater, from an accessory building on the same lot; and 30 feet from the edge of pavement of any private street.

Accessory buildings shall be located at least 20 feet from the edge of pavement of any private street, or other accessory building.

Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length.

Porches and decks shall observe the above separation requirements.

The Commission may modify the requirements of this section provided that in the Commission's sole discretion, the public health, safety and welfare are safeguarded.

Living Area. The living area requirements of Section IV.A.7 shall apply.

Maintenance. In Cluster Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.

Planned Residential Development.

Purpose. It is the purpose of this section to permit variations in height, bulk, density, and residential use types which would not otherwise be possible; permit flexible site design so that development may be constructed in harmony with and preserve natural site features; and assist and provide for the orderly development and management of moderately priced housing for low-and moderate-income families.

Procedure.

Planned Residential Developments may only be permitted by the Commission as a special exception in certain zones where indicated. The Commission shall determine that all the specific conditions of Section VIII are met.

In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of all improvements on the site.

Requirements for PRDs which contain a moderately priced home component.

Occupancy of moderately priced homes. A moderately priced home shall be occupied by the initial purchaser until subsequent sale. Each purchaser of a moderately priced home and his/her attorney shall sign an acknowledgment in a form provided by the Town Planner stating that such attorney has explained this requirement to the prospective purchaser and that such purchaser acknowledges and intends to occupy said home for as long as he/she owns the home.

Initial sale price. To ensure that homes shall be purchased by families with moderate incomes, the applicant shall sell a minimum of 25 percent of all homes within the development in accordance with the following formula rounded to the nearest house:

1/3	Sale price not to exceed 2.75 times median family income as reported by the most recently available HUD figures for a family of four in Hartford County.
1/3	Sale price not to exceed 3.0 times median family income as reported by the most recently available HUD figures for a family of four in Hartford Country.
1/3	Sale price not to exceed 3.25 times median family income as reported by the most recently available HUD figures for a family of four in Hartford Country.

Unit sales. To ensure that, at the completion of the Planned Residential Development, at least 25% of all units are moderately priced housing units, the applicant shall obtain at least one Certificate of Occupancy for a moderately priced housing unit for every three Certificates of Occupancy for market rate units. In addition, the applicant shall provide an interim report to the Commission upon the sale of 50% of all units demonstrating compliance with this requirement. A final report shall be provided prior to the issuance of a final Certificate of Occupancy for the last unit.

Adherence to regulations. The Commission reserves the right, in its sole discretion, to take such actions or institute such proceedings as it deems necessary and appropriate to ensure adherence to these regulations.

Permitted uses.

Single-family and two-family dwellings. Two-family dwelling units shall not account for more than 10% of the total units.

Playgrounds, recreation areas, parks, open spaces, and natural areas.

Accessory uses and structures; such as private garages, swimming pools, clubhouses, recreation facilities and other structures and facilities; which are customarily incidental and subordinate to the principal uses.

Area and height requirements.

Single-family and two-family dwellings without a moderately-priced housing component.

Minimum parcel size	30 acres
Maximum lot coverage	15%
Maximum density	3 units/acre (See Section III.D.)
Minimum front yard	60 ft.
Minimum side/rear yards	30 ft. except that yards abutting a land use other than Planned Residential Development shall be 60 feet.
Maximum building height	2½ stories

Single-family and two-family dwellings with a moderately priced housing component.

Minimum parcel size	15 acres
Maximum lot coverage	15%
Maximum density	3.75 units/acre (See Section III.D.)
Minimum front yard	60 ft. Where variations in topography or natural features, existing vegetation, or compatible present or future land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.
Minimum side/rear yards	30 ft. except that yards abutting a land use other than PRD shall be 60 feet. Where variations in topography or natural features, existing vegetation, or compatible present or future land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.
Maximum building height	2½ stories

Utility requirements.

Roads. Roads shall conform to applicable design requirements of the Subdivision Regulations of the, except that the Commission may modify width of pavement, width of right-of-way, and curbs after considering the recommendation of the Town Engineer.

Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.

Sewage. Pubic sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.

Other utilities. All other utilities shall be underground.

Land use and site development requirements.

Parking. Parking facilities shall be provided in accordance with Section VII.B. of these regulations. Spaces shall be provided with convenient access to the front entrances of the buildings.

Landscaping. A landscape buffer conforming to the requirements for a B Bufferyard, as specified in Section VII.A.5, shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission.

However, where variations in topography or natural features, existing vegetation or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.

The Commission may require suitable landscaping within a Planned Residential Development to assure privacy of individual residential units.

Open space. Consolidated open space, totaling at least 15% of the site, shall be provided within the development. Open space shall be located so as to preserve significant natural site features and maximize the utility of the open space to the residents.

Building locations. All buildings erected in a Planned Residential Development shall observe the following location requirements:

Principal buildings shall be separated at least:

In developments without a moderately priced housing component, 30 feet, or the height of the building, whichever is greater, from another principal building where either wall has openings;

In developments which provide a moderately priced housing component as defined under Section VI.C.3.c., 20 feet from another principal building where either wall has openings;

Fifteen feet, or half the height of the building, whichever is greater, from another principal building where neither wall has openings;

Ten feet or the height of the accessory building, whichever is greater, from an accessory building; and

Twenty-five feet from the edge of pavement of any main road, cul-de-sac, or parking area.

Accessory buildings shall be located at least:

Twenty-five feet from the edge of pavement of any main road; and

Ten feet from the edge of pavement of any cul-de-sac, parking area, or other accessory building.

Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.

Porches and decks shall observe the above separation requirements.

The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, the public health, safety, and welfare are safeguarded.

Living area. Living area requirements shall be the same as for single-family dwellings (specified in Section IV.A.7.) except that in any planned residential development containing a moderately priced home component, dwellings more than one story in height shall contain at least 700 square feet of living area on the ground floor.

Maintenance. In Planned Residential Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also upon the recommendation of the Town Engineer and Director of Health.

Other utilities. All other utilities shall be located underground.

Planned Elderly Residential Development.

Purpose. It is the purpose of this section to permit variations in height, bulk, density, and residential use types which would not otherwise be possible in order to meet the special needs of the elderly and handicapped; and permit flexible site design so that development may be constructed in harmony with and preserve natural site features.

Procedure.

Planned Elderly Residential Developments may only be permitted by the Commission as a special exception in certain zones where indicated. The Commission shall determine that all the specific conditions of Section VIII are met.

In Planned Elderly Residential Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate restrictions have been placed on the property to limit occupancy to elderly and handicapped persons.

In addition, a separate bond shall be posted at the same time to guarantee the provision to the Town of as-built drawings of all improvements on the site.

Permitted uses.

Single detached and Multiple Dwelling Unit buildings[.]

Parks, open spaces and natural areas.

Accessory uses and structures; such as private garages, swimming pools, community buildings, and other structures and facilities; which are customarily incidental and subordinate to the principal residential use.

Area and height requirements.

Minimum parcel size	5 acres
Maximum lot coverage	15% except as may be otherwise allowed in Section IX.D.7.
Maximum density	8 units/acre (See Section III.D.)
Minimum front yard	60 ft.
Minimum side/rear yard	40 ft. except that yards abutting single family residential development shall be 80 feet.
Maximum building height	2 stories

Utility requirements.

Roads. Road shall conform to the applicable section of the subdivision regulations of the Town of Avon except that the Commission may modify width of pavement and curbs upon recommendation of the Town Engineer.

Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.

Sewage. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.

Other utilities. All other utilities shall be located underground.

Land use and site development requirements

Parking. Parking spaces shall be provided at the rate of one space per bedroom. Guest parking shall be provided at the rate of 0.25 spaces per bedroom. In accordance with Section VII.B.5. the Commission is authorized to waive the immediate installation of not more than 25% of the parking spaces if the applicant demonstrates that this will satisfy the parking needs for the development.

Landscaping. At least 50% of the parcel shall be devoted to natural and landscaped areas.

A landscape buffer conforming to the requirements for a B Bufferyard as specified in Section VII.A.5., shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission.

However, where variations in topography or natural features, existing vegetation or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.

The Commission may require suitable landscaping within a Planned Elderly Residential Development to assure privacy of individual residential units.

Building locations. All buildings erected in a Planned Elderly Residential Development shall observe the following location requirements:

Principal buildings shall be separated at least:

Thirty feet, or the height of the building, whichever is greater, from another principal building where either wall has openings;

Fifteen feet, or half the height of the building, whichever is greater, from another principal building where neither wall has openings;

Ten feet, or the height of the accessory building, whichever is greater, from an accessory building; and 25 feet from the edge of pavement of any main road.

Accessory buildings shall be located at least: Twenty-five feet from the edge of pavement of any main road; and ten feet from the edge of pavement of any cul-de-sac, parking area, or other accessory building.

Garages exiting directly onto cul-de-sacs shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.

Porches and decks shall observe the above separation requirements.

The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, the public health, safety, and welfare are safeguarded.

Living area. Each unit in a Planned Elderly Residential Development shall contain at least 550 square feet of living area for a one-bedroom unit and at least 700 square feet of living area for a two-bedroom unit. No unit shall have more than 900 square feet.

No individual dwelling unit shall have more than two bedrooms. Dwelling units with two bedrooms shall not exceed 50% of the total number of dwelling units, unless modified by the Commission.

Maintenance. In Planned Elderly Residential Developments, the applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.

Fire protection. An applicant shall be required to provide an automatic fire suppression system in all projects where more than one dwelling unit is contained within the same building.

Additional standards. Where a proposed project has a density of no more than four dwelling units per acre and meets the provisions of the U. S. Fair Housing Act as amended as it pertains to "Housing for Older Persons," the Commission may waive the requirements related to unit size and number of allowable bedrooms and increase maximum lot coverage where a proposal meets the following additional criteria:

Each dwelling unit shall be occupied by:

Persons who are 55 years of age or older.

A spouse of an occupant pursuant to 7.a.(1) above.

Occupant pursuant to 7.a.(2) above who survives his or her spouse.

Occupant pursuant to 7.a.(2) above whose spouse has entered into a long-term continuing care facility.

Children 21 years of age or older may reside with their parent(s).

Paid caregiver.

In no event may a dwelling unit be occupied by more than four residents.

The proposed development shall be a Common Interest Ownership Community as defined in Chapter 828 of the Connecticut General Statutes.

The Commission may increase the maximum allowable lot coverage up to 20% in the IP Zone where the Commission finds that the proposed plan is superior to a plan possible under the standards of the IP Zone with respect to the following additional criteria:

Landscaping which exceeds the minimum requirements.

Lower projected traffic volumes as compared with what would occur with other uses allowed as of right in the IP Zone.

Low intensity of site lighting.

Noise levels substantially less than standards required by the regulations and State Statutes.

VISUAL IMPACT OBSERVATION POINTS

At least 75% of the cumulative living area of all units shall be on the first floor.

Ridgeline protection overlay zone.

Purpose. The purpose of this section is to protect Traprock Ridges in order to preserve their unique environmental attributes, their groundwater recharge function, and the visual and historic assets of these distinctive ridgeline areas.

Definitions. For the purpose of applying the provisions of this section, the terms below shall be defined as follows:

ALTERATION

A change or rearrangement in the structural parts of a building, the movement of all or any part thereof, or the substantial reconstruction thereof, in order to produce a substantial change in appearance, character, or construction. It also means an enlargement, whether by increase in height, coverage, volume, or floor area.

BUILDING

Any structure other than (A) a "facility" as defined in Section 16-50i of the Connecticut General Statutes or (B) structures of a relatively slender nature compared to the buildings to which they are associated, including but not limited to chimneys, flagpoles, antennas, utility poles, and steeples, provided such structures are accessory to a building or use permitted by these regulations and not the principal use or structure on the lot.

CLEAR-CUTTING

The harvest of timber in a fashion which removes from any 200-square-foot or larger area all or substantially all trees measuring two inches or more in diameter at a height of four feet.

DEVELOPMENT

The construction, reconstruction, alteration, or expansion of a building equal to or greater than 100 square feet in area.

PASSIVE RECREATION

Nonmotorized recreation not requiring development as defined herein, nor requiring any clear-cutting or alteration of the existing topography, nor any activity regulated pursuant to this section. Such passive recreation shall include but not be limited to hiking, bicycling, picnicking, and bird-watching.

QUARRYING

The removal, excavation, processing, or grading of stone, fill, or other earth products, regardless of the methods utilized (e.g., blasting, crushing, excavation equipment). Earth which is to be removed as may be necessary to construct a basement for a single-family home or regrading which may be necessary to install an on-site subsurface sewage disposal system shall not be considered quarrying. Any other removal shall be subject to all other pertinent sections of this regulation.

RIDGELINE

The line on a traprock ridge created by all points at the top of a 50 percent or greater slope (two horizontal for each vertical unit of distance), which slope is maintained for a distance of at least 50 horizontal feet measured perpendicular to the contours of the slope, and which consists of surficial basalt geology. All slopes disturbed by human intervention shall be measured as they existed immediately prior to such disturbance, as best such pre-existing conditions can be determined by available topographic maps or other records.

RIDGELINE SETBACK AREA

The area bounded by (A) a line that parallels and is placed a horizontal distance of 150 feet off the more wooded side of all ridgelines as defined herein and (B) that lowest contour line created where less than a 50 percent slope (two horizontal for each vertical unit of distance) exists for a distance of 50 horizontal feet on the rockier side of all ridgelines as defined herein. This area is generally shown as an overlay to the Official Zoning Map.

SELECTIVE TIMBERING

The removal of no more than ten percent (10%) of the total number of living trees or no more than 10% of the total number of trees in excess of six inches in diameter within that portion of any ridgeline setback area located on the lot on which such removal is to occur. The ten percent limitation shall be cumulative from the effective date of these Ridgeline Protection Overlay Zone Regulations.

TRAPROCK RIDGE

Talcott Mountain and Pond Ledge Hill[.]

Off-site locations within the Town of Avon from which proposed activities within a ridgeline setback area may reasonably be expected to be visible.

Delineation of regulated areas. The Commission may prepare, for illustrative purposes, a map that generally and approximately delineates the ridgelines and ridgeline setback areas as defined herein. However, the precise location of the boundaries of ridgeline setback areas shall be determined and governed by measurements made on the affected properties in accordance with the definitions in Subsection 2. The actual presence and location of ridgeline setback areas as determined by qualified professionals shall govern the applicability of this regulation to a proposed development. "Qualified professionals" shall include, as relevant, licensed land surveyors and geologists. In cases where a landowner or applicant disputes the designation of any land as a regulated area, he or she shall have the burden of proving that designation inapplicable. The Zoning Enforcement Officer or any other agent of the Commission may make a determination based on mapping and field observation that the area in question does not meet the criteria required to be within the ridgeline setback area and, therefore, does not require a special permit from the Commission.

Special exception requirements. In addition to any other permit, special exception or other approval required under these regulations, a special exception shall be required for any development or clear-cutting activities proposed for or occurring within a ridgeline setback area, except that a special exception under this section shall not be required for the following activities:

Emergency work necessary to protect life or property.

Activities for which a complete zoning application was filed prior to the effective date of the Ridgeline Protection Overlay Zone Regulations, provided that such application was approved and the approval remains in effect.

Selective timbering.

Passive recreation.

Building additions that cumulatively do not exceed a building footprint of 1,500 square feet in area, measured from the date of adoption of this amendment, when added to homes which were in existence as of the effective date of this regulation. Clear-cutting shall be allowed without special permit only in the area required to accommodate the actual footprint of the proposed addition plus an area extending 15 feet from the outside walls of the addition. This exemption shall not apply to any homes which have been constructed as part of a prior subdivision approval granted by the Commission which contained conditions placing limits on tree clearing and/or requiring the preservation of trees.

Maintenance of property which may include tree trimming and/or the cutting of a select number of trees to maintain views which were in effect as of the date of the adoption of this regulation. In an effort to document existing views, a property owner may present photographic evidence or survey data to the Office of the Town Planner. This information along with any other data which a property owner may choose to provide shall be kept on file in the Office of the Town Planner. This documentation may be provided at the option of the property owner.

Standards for granting a special exception for activities within ridgeline setback areas. In addition to the requirements of Article VIII of the Zoning Regulations, the Commission shall require compliance with the following:

That adequate safeguards have been taken to minimize the visual impact of proposed activities as viewed from public highways, public parks, or other areas accessible to the general public. Visual impacts may include but are not limited to unnatural gaps, cuts, projections, or other obviously artificial alterations of existing natural tree lines, ridgelines, prominent topographic features, or rock formations; the use of materials which by their color, reflectiveness, finish, size, or orientation disrupt the natural or historic character of a ridgeline; the size, height, shape, and location of buildings; the height, intensity, coverage, and glare from proposed lights. Such safeguards may include but are not limited to:

Restricting the removal of trees and other vegetation;

Requiring supplemental landscaping;

Restricting structure colors and reflectivity of windows and roofs;

Requiring buffers and setbacks from ridgeline;

Restricting exterior lighting;

(f)

Limiting the height and mass of structures; and

(g)

Requiring utilities to be installed below ground.

The Commission may require that clear-cutting occur in a staggered or other pattern that reduces the visual impact of such cutting and may further require that clear-cutting be staged over a period of time to allow for regrowth of remaining vegetation. Additionally, the Commission may regulate the location, and require the relocation, of proposed buildings to reduce visual impact. Whenever possible, development and clear-cutting within 75 feet of any ridgeline, as defined in these Ridgeline Protection Overlay Zone Regulations, shall be avoided. The Commission may also require the installation of flags, balloons, or other on-site markers prior to a decision on any application in order to allow evaluation of visual impacts as seen from various vantage points.

That the viability of the area as a wildlife resource (habitat, breeding ground, foraging area, migratory pathway, etc.) is protected. Steps to protect these areas may include but are not limited to restricting the size of lawn areas or other clearings; restricting clear-cutting to certain seasons of the year or to certain areas, patterns, methods of removal; or applying other restrictions that it deems necessary to minimize the impact on wildlife and wildlife habitats. The Commission may require an analysis of the potential impacts of the proposed activity on wildlife, such analysis to be prepared by a qualified biologist.

That the groundwater quality and recharge potential of the area is preserved. The Commission may require an analysis of the possible impacts of the proposed activity on groundwater quality and recharge. In order to minimize such impacts, the Commission may require restrictions on the size or location of septic systems; the use of biofilters, detention ponds, retention ponds, and other methods of stormwater management that protect surface and subsurface waters; the regulation of the storage, handling or usage of hazardous materials or waste, including but not limited to fertilizers, pesticides and herbicides; and any other restrictions or limitations which the Commission may reasonably deem appropriate.

That areas of archaeological and historic importance have been identified and adequate steps have been taken to preserve and/or record these areas.

That the stability of the ridgeline is protected and that erosion potential is kept to a minimum by minimizing changes to the existing topography, preserving existing vegetation, requiring the revegetation of disturbed areas, and requiring the installation and maintenance of sedimentation and erosion control structures as needed. Steps to protect the stability of the ridgeline may include but are not limited to requiring retaining walls or other methods to minimize the cutting and filling of slopes; requiring reforestation or landscaping of quarries upon reaching finished grade or of other areas disturbed by development or clear-cutting; and requiring that driveways, roads, and other improvements requiring grading shall be approximately parallel to existing contours.

Site plan requirements. An application for any special exception required under subsection[s] 4 and 5, foregoing, shall be accompanied by the following site plan information. The Commission may waive the requirement for all or a portion of this information upon a finding that it is not essential to determining compliance with the special exception criteria contained in Section 5.

The applicant shall submit a plan showing the proposed or existing location of each structure, road, driveway, and other manmade feature on the lot. The plan shall show the maximum first-floor topographic elevation and the maximum elevation of the highest point of each building and structure.

The applicant, in consultation with the Town Planner, shall provide a list of visual impact observation points. These points shall be located through mapping and field observation. The applicant shall place aerial markers at points corresponding to the highest point of each proposed building and structure. The applicant shall provide photographs taken from visual impact observation points of the development site with aerial markers in place. The Commission shall verify the visual impact areas and may add other areas to be analyzed for visual impact in addition to proposed structure sites, including sites of proposed or existing roads, driveways, and other manmade features.

The applicant shall provide a map showing the location of all existing trees having a diameter of six inches or more at a height of four feet. The map shall be prepared by a licensed land surveyor and shall be certified to A-2 standards of accuracy.

Where existing vegetation is insufficient to provide, in the judgment of the Commission, adequate visual screening of visual impact areas on a particular lot, the applicant shall prepare a landscaping plan specifying the location, number, type, species, and size of plant and tree material that will be added to the lot. The plan shall be designed to screen those portions of the visual impact areas that will be observable from the visual impact observation points.

The applicant shall submit a plan with appropriate graphics and color renderings, specifying methods and mechanisms of minimizing the visual impacts of existing and proposed structures, roads, driveways, and other manmade features. Such methods and mechanisms shall include but are not limited to the following:

Restrictions on structure and roof colors to earth tones, which shall include a range of colors including brown and black, but shall not include bright or bold colors.

Restrictions on the height of structures whenever the height is expected to exceed the height of the existing or proposed vegetation screening it from the visual impact observation points at a point in time five years from the time of the installation of plant material.

Prohibited operations and uses in ridgeline setback areas. The following shall be prohibited in the ridgeline setback areas:

Quarrying.

Lighting poles ten feet or more in height. All lights shall be designed to prevent excessive glare off the property.

Air conditioning, heating, or ventilating equipment that projects above the plane of any roof surface, other than accessory chimneys.

Financial security. The Commission may require, as a condition of approval of any application for activities within a ridgeline setback area, that the permittee post a bond with surety, letter of credit, or other form of financial security acceptable to the Commission, in order to assure compliance with the provisions of these regulations and with the terms and conditions of the approval.

Transfer of Development Rights (TDR).

Purpose. The purpose of this section is to establish a regulation to enable the transfer of development rights in areas identified by the Commission as having a high priority for preservation (sending areas) to areas identified by the Commission as being appropriate for multi-family development (receiving areas). These areas are identified on the official Zoning Map and shall constitute overlay zones. The goal of this regulation is to preserve valuable natural resources and open spaces while directing development to the appropriate locations.

Transfer of Development Rights. Land owners in the receiving overlay zone may purchase development rights from land owners in the sending overlay zone. These development rights may then be transferred to the receiving area such that housing density may be increased. An applicant must accurately define the sending area by preparing a survey drawing meeting the requirements of a Class A-2 survey. A special exception application shall be filed with the Commission. An applicant must demonstrate that all special exception criteria contained in Section VIII of these regulations, as well as those contained in Item #5 of this section have been satisfied. In lieu of the actual ownership of land in either the receiving zone or the sending zone, an applicant may demonstrate to the Commission that he or she has an option to purchase such land or rights. In all instances, the owners of all properties in both the sending and receiving areas shall be required to sign all applications submitted to the Commission. The Transfer of Development Rights may only be used to increase the number of units permitted as a multiple dwelling unit development, as defined in Section II.

Permitted Density. The Transfer of Development Rights may be used to increase density up to eight units per acre. For purposes of this section, development rights are needed to increase density beyond four units per acre (the maximum density allowed under Section IX - Multiple Dwelling Development).

Transfer Formula. The following formula shall be applied in determining how density may be transferred:

[(A)	+	(B)]	x4 =	(C)
Total # of acres of parcel in the receiving area after application of the Developable Land Calculation	+	Total # of acres of parcel in the sending area after application of the Developable Land Calculation	x4 =	The maximum # of units which may be constructed in the receiving area*

Notes:

*The maximum # of units which may be transferred from the sending area to the receiving area shall be limited such that the maximum density on the parcel to be developed (sending area) does not exceed 8 units per acre after application of the Developable Land Calculation.

The following is an example of how the transfer of density may be accomplished:

(A)	Transfer In Parcel	=	13 acres in total
	(Receiving Area)		2 acres of wetland soils
			2 acres of steep slopes
			1 acre of flood plain
			8 Acres Total after Application of Developable Land
				Calculation
(B)	Transfer Out Parcel	=	12 acres total
	(Sending Area)		1 acre of wetland soils
			1 acre of steep slopes
			0 acres of flood plain
			10 Acres Total after Application of Developable Land
				Calculation

Number of units after density transfer:
[(13-5)+(12-2)]	x4	= C
(8+10)	x4	= C
18	x4	= 72

Special Exception Criteria. The Commission shall not approve an application for a TDR unless the applicant has successfully demonstrated compliance with Section VIII of these regulations, as well as the following:

Building Design. Building architecture, scale, mass, and design shall relate to the context of the sites surroundings. Design goals described in the Plan of Conservation and Development shall be met.

Landscape Design. The project shall include a significant program of landscaping which enhances the aesthetics of the project, provides an appropriate buffer to less dense adjoining residences if applicable, and contributes to the project in a way that provides the appearance of less density than that which is actually proposed. These goals may be met by design, the quantity and size of landscape plants, and other features such as the introduction of public spaces, gardens, and ornamental structures.

Area and Height Requirements.

Minimum Parcel Size	5 acres
Maximum Lot Coverage	20%
Maximum Density	8 units/acre (See Section III.D.)
Maximum Building Height	35 feet
Maximum Footprint of any Individual Building	6,000 square feet
Minimum Front Yard	*50 feet
Minimum Side/Rear Yard	30 feet except yards that abut a land use other than a TDR or Multiple Dwelling development shall be 60 feet.

Notes:

The Commission may increase or decrease the required front yard setback based on a review of how the proposed project relates to other existing structures which are proximate to the subject application.

Land Use and Site Development Requirements. An application for Site Development Plan approval shall be submitted simultaneously with a request for special exception to transfer density. This application shall meet all of the minimum requirements of Section X.

Utility Requirements.

Water. A public water supply is required. The Commission may waive this requirement in unusual situations upon recommendation of the Director of Health.

Sewage. Public sewers are required. The Commission may waive this requirement in unusual situations upon recommendation of the Town Engineer and Director of Health.

Other Utilities. All other utilities shall be located underground.

Land Use and Site Development Requirements.

Parking. Parking facilities shall be provided in accordance with Section VII.B. of these regulations. Spaces shall be provided with convenient access to the front entrances of the buildings.

Landscaping. A landscape buffer conforming to the requirements for a B BUFFERYARD as specified in Section VII.A.5., shall be provided around the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Commission.

However, where variations in topography, natural features, existing vegetation, or compatible land uses obviate the need for such a buffer, the Commission may modify or waive this requirement.

Building Locations. All buildings erected in a Multiple Dwelling Development shall observe the following location requirements: Buildings located adjacent to existing public roads must observe the setback requirements in Section IX. F. 6.

Principal buildings shall be separated at least:

30 feet or the height of the building, whichever is greater, from another principal building where either wall has openings; 15 feet or half the height of the building, whichever is greater, from another principal building where neither wall has openings;

Ten feet or the height of the accessory building, whichever is greater, from an accessory building; and

25 feet from the edge of pavement of any proposed main road, cul-de-sac, or parking area.

Accessory buildings shall be located at least:

25 feet from the edge of pavement of any proposed main road, and

Ten feet from the edge of pavement of any proposed cul-de-sac, parking area, or other accessory building.

Garages exiting directly onto culs-de-sac shall have driveways at least 20 feet in length. Garages shall not exit directly onto main roads.

Porches and decks shall observe the above separation requirements.

The Commission may modify the requirements of this section provided that, in the Commission's sole discretion, the public health, safety, and welfare are safeguarded.

Living Area. Each residential unit shall contain at least 600 square feet of living area for a one-bedroom unit, plus, at least an additional 200 square feet of living area in the unit as a whole for each additional bedroom.

Maintenance. The applicant shall present sufficient information to the Commission to demonstrate that adequate provisions have been made for the sustained maintenance of the development in general and also for the sustained maintenance of the roads and open space.

Recording Documentation in Avon Land Records. Prior to the recording of the special exception in accordance with Section 8-26e of the CT General Statutes, the applicant must record in the office of the Town Clerk, notice of restriction indicating that no development of the transfer out property is possible. Restrictions shall be established which prevent the future development of the property except that land in the transfer out area may be sold and utilized for agricultural purposes or open space. In addition, the owner may elect to retain rights to cut timber on the property consistent with a Forest Management Plan prepared by a licensed forester. This recorded notice shall be accompanied by the Survey Map described in Item #3, which accurately defines the area which is subject to the restriction. Such documents shall be reviewed and approved by the Town Attorney. Once recorded, these restrictions may not be modified.

Attainable Housing Overlay Zone (AHOZ).

Purpose. The Attainable Housing Overlay Zone (AHOZ) is intended to create additional housing opportunities within Avon while promoting the appropriate development and protection of Avon's historic areas and other areas of the community. It also provides an opportunity for the creation of mixed use development and housing. This AHOZ regulation is authorized under CGS Section 8-13 (m-x) as amended.

Nature of Zone.

The AHOZ exists in addition to the current (underlying) zone for the property.

The AHOZ enables a property owner to apply for approval of a housing or mixed use development using the provisions of this Section instead of those for the underlying zone.

The provisions of the AHOZ are an option for the property owner and such owner would voluntarily choose to comply with these provisions when or if new housing as authorized herein is proposed.

In the event any conflict between the provisions of this section and any other section of the regulations, the provisions of this section shall control. If the specific matter is not addressed by this section, then the other section(s) of the Regulations shall control, unless revised by the Commission.

Process.

The overall process for development within a AHOZ district includes:

Establishment of the AHOZ district (a zone change application to the Zoning Commission in accordance with Section X.A. of these regulations) including a declaration of the proposed type of sub-district(s) and plans and drawings depicting the proposed development;

Approval of a site plan by the Planning and Zoning Commission in accordance with Section X of these regulations;

Filing of approved plans; and

Issuance of building permits by the Town of Avon.

Pre-application meetings for any proposed development are strongly recommended.

Description of Sub-Districts. Due to the diversity of desired development patterns in different parts of Avon, the Attainable Housing Overlay Zone consists of six different sub-districts as described below:

Mixed Use (AHOZ-MXD): On arterial roads and other areas with potential for development with mixed use developments and/or buildings.

Mixed Housing (AHOZ-MXH): A development including a combination of housing types in the following paragraphs.

Multi-Family (AHOZ-MF): Existing buildings and other areas with potential for development with multi-family housing.

Townhouse (AHOZ-TH): Areas with potential for residential townhouse development (a residential building consisting of three or more attached units in which each unit shares a wall extending from foundation to roof with the adjacent unit(s) and has exterior walls on at least two sides).

Duplex (AHOZ-DX): Areas with potential for development with duplex housing units designed to be compatible with single-family units in adjacent residential neighborhoods.

Single Family (AHOZ-SF): Areas with potential for development with single-family units compatible with adjacent residential neighborhoods.

Permitted Principal Uses. The following uses are permitted in the various sub-districts subject to granting a detailed zone change by the Planning and Zoning Commission:

Mixed Use.

Mixed use development and/or mixed use buildings as defined in Section G.4.a. with a mix of residential and commercial uses, with a residential density at up to 20 units/acre of site area (not including any area designated as wetland, watercourse, pre-development slopes greater than 25 percent, or 100-year or 500-year floodplain).

Uses and structures accessory thereto.

Mixed Housing.

Two or more housing types at maximum densities for each as provided herein.

Uses and structures accessory thereto.

Multi-Family.

Multi-family residential development at up to 20 units/acre of site area (not including any area designated as wetland, watercourse, slopes greater than 25 percent, or 100-year or 500-year floodplain).

Uses and structures accessory thereto.

Townhouse.

Townhouse residential development at up to ten units/acre of site area (not including any area designated as wetland, watercourse, slopes greater than 25 percent, or 100-year or 500-year floodplain).

Uses and structures accessory thereto.

Duplex.

Duplex residential development (two-unit buildings) at up to ten units/acre of site area (not including any area designated as wetland, watercourse, slopes greater than 25 percent, or 100-year or 500-year floodplain).

Uses and structures accessory thereto.

Single Family.

Single family residential development at up to six units/acre of site area (not including any area designated as wetland, watercourse, pre-development slopes greater than 25 percent, or 100-year or 500-year floodplain).

Uses and structures accessory thereto.

Dimensional Standards. The dimensional standards including height and setback standards of the underlying zone shall continue to apply except that the Planning and Zoning Commission may, through granting of a separate special permit, modify any dimensional standard in order to:

Facilitate the creation of housing opportunities as provided in this section.

Address on-site constraints or protect important resources.

Enhance the design of the development and/or surrounding neighborhoods.

Be approximately consistent with the setbacks of nearby buildings in order to create a desirable streetscape.

Housing Affordability Requirements.

At least twenty percent of all dwelling units constructed in a development approved under this section of the regulations shall be deed-restricted to be affordable and attainable to and occupied by households earning 80 percent or less of the area median income for Avon, as determined and reported by the United States Department of Housing and Urban Development (HUD).

When a calculation performed under this subsection results in a number that includes a fraction, the fraction shall be rounded up to the next higher whole number.

Each such attainable unit shall be subject to a housing restriction acceptable to the Town Attorney and the Planning and Zoning Commission, which shall be recorded on the Avon Land Records and shall, at a minimum, include the following:

An identification of the affordable housing units within the development.

A requirement that such affordable unit shall only be occupied by a household earning 80 percent or less of the area median income for Avon, as determined and reported by the United States Department of Housing and Urban Development (HUD).

A statement of whether the affordable units will, at the time of initial occupancy, be rented or owner-occupied.

A detailed statement of the method for determining the rental rate or sale price or resale price of an affordable housing unit at any point in time.

A statement that the term of the deed restriction for each affordable unit shall be a minimum of 30 years from the date of first occupancy of that affordable unit.

The applicant shall prepare and submit a final "Housing Affordability Plan" in accordance with the requirements of CGS § 8-30g, section 8-30g-1 et seq. of the Regulations of Connecticut State Agencies and the "Housing Affordability Plan Requirements" as adopted by the policy of the Zoning Commission and as the same may be modified from time to time, including:

The name and address of the proposed administrator of the deed restricted affordable units.

Provision that the proposed administrator shall file an annual report to the Planning and Zoning Commission by January 31, in a form specified by the Zoning Commission, certifying compliance with the provisions of this section.

Additional Provisions.

Unless otherwise approved by the Planning and Zoning Commission, all developments approved under this Section shall be served by public water and public sewer.

Unless otherwise approved by the Commission, any development approved under this section shall provide for off-street parking as follows:

As provided in Section VII of the Zoning Regulations; or

At a ratio of 1.5 spaces per dwelling unit if shown by the applicant based on submitted credible evidence and accepted by the Commission to be adequate parking for the proposed development.

Any developments proposed under this section shall, unless modified by the Commission, construct or improve the sidewalks abutting the project site in order to enhance the pedestrian nature and character of the proposed development and the surrounding area.

Building Design and Construction Guidelines. Since design of buildings and sites is an important part of integrating housing at permissible densities into the community, all development in the AHOZ shall be designed to a high level of architectural character so that the quality of the overall design of any development will be an important positive addition to the area. This consideration will be an important consideration as part of the review and granting of any approval for such a development.

Overall Character.

Proposed development projects should enhance the general character and add to the architectural desirability of a historic New England community and where appropriate, complement the scale and architecture of adjacent buildings.

An overall design theme (including building placement, building massing, exterior treatments, signage and other design considerations) shall be established where harmony in textures, lines, and masses is provided and monotony is avoided.

The illustrative AHOZ design guidelines on the following pages shall be used by applicants and the Commission as a general reference for desirable characteristics of buildings and sites.

The design and site development provisions of the Avon Town Center Study shall also be used, when and where appropriate.

A desirable streetscape and attractive landscape transitions to adjoining properties shall be provided.

Landscape treatment shall be provided to enhance architectural features, shield unsightly areas, provide shade, and relate to the natural environment and topography.

Building Placement and Siting.

Buildings shall be organized in a coordinated and functional manner that is compatible with site features and the desirable characteristics of adjoining areas.

In general, new buildings shall be placed near to the public street and shall be oriented with the main façade parallel to the public street in order to strengthen the overall streetscape. The Commission may modify or waive this requirement when the applicant demonstrates that a greater setback or alternative orientation such as the main façade perpendicular to the street, will enhance the overall effect of a historic New England community and/or allow for the creation of a public amenity (such as a wider sidewalk, a public seating area, etc.).

Off-street parking and loading shall not be located between buildings and a public street unless approved by the Commission and any parking area visible from a public street or public sidewalk, shall be screened with landscaping, walls, fencing, or combination thereof.

Buildings shall be designed and located on the site so as to retain the existing topography and desirable natural features of the land to the extent feasible.

Building Mass.

Monolithic building forms shall be avoided through the use of variations in length of unbroken exterior walls, structure placement, color, texture and/or material and variations in the height of buildings or use of architectural features such as balconies, cornices, step-backs, or other articulating features.

The height and scale of each building shall be compatible with its site and the existing or planned character of the area.

Architectural features shall be evaluated based on the scale of the building(s), the quality of the design, and the relationship to surroundings.

Façades and rooflines shall be articulated and/or varied to reduce the appearance of inappropriate bulk and provide architectural interest.

Exterior Materials and Colors.

Exterior building materials and their placement on a building shall be consistent with the overall look of a historic New England community.

Building materials shall have durable quality and shall be selected for harmony or compatibility of the building with adjoining desirable materials.

Doorways and Windows.

In mixed use and multi-family developments, recessed doorways are preferred. Where a recessed doorway is not used, an awning or similar architectural overhang is encouraged. Adequate lighting for the doorway shall be incorporated into the design of the doorway.

Windows should be taller than they are wide and windows on upper floors should not be larger than windows on lower floors.

Windows should be inset from the exterior wall surface and shall have visually prominent sills, lintels, or other forms of architectural detailing to add visual relief to the wall.

Roofs and Mechanical Equipment.

Roof forms should be appropriate for a historic New England community and complement the principal building in terms of style, detailing, and materials.

Roof overhangs (eaves and cornices) should be a minimum of two feet or as appropriate to the proposed architecture.

Any mechanical equipment shall be screened from public view using landscaping, walls, fencing, parapets or other architectural elements, or combination thereof.

Section X Administration and enforcement.

Utility and service equipment areas shall be screened from public view with materials compatible with the building.

Housing Opportunity Zone (HOZ).

Purpose. The Housing Opportunity Zone (HOZ) is intended to allow the development of multi-family rental apartment units as "assisted housing" as defined in General Statutes § 8-30g(a) and to promote housing choice and economic diversity within the Town of Avon.

Eligible location. Land with the following characteristics may be rezoned to HOZ:

Lot size between nine and 12 acres; and

Lot must have frontage on Darling Drive.

Permitted uses. The following uses are permitted in the HOZ ZONE, subject to granting of site plan approval by the Planning and Zoning Commission:

Residential development that qualifies as "assisted housing" as defined in General Statutes § 8-30g(a) and does not exceed 200 total units.

Accessory uses as listed below in subsection (4) of this Section.

Accessory Uses. All accessory uses and structures that are customary in a multi-family residential zone and incidental to the above permitted use, as well as uses set forth in §§ IV.A.2a. and b. and IX.A.3, are permitted in the HOZ.

In addition, the following accessory uses are permitted in connection with multi-family residential use: playground, garden, basketball court, dog run, and pedestrian trail.

Dimensional standards. The dimensional standards including height and setback standards of the HOD zone are:

Minimum Lot Area	9 acres
Maximum Lot Area	12 acres
Minimum Lot Width	150 ft.
Minimum Street Frontage	50 ft.
Front Yard	60 ft.
Side Yard	25 ft.
Rear Yard	25 ft.
Maximum Building Height	60 ft.
Maximum Impervious Coverage	50%
Maximum Building Coverage	20%
Maximum Stories	4 stories
Maximum Residential Density Per Net Developable Acre	17 units

Buffers. All landscaped buffers shall be planted or preserved in a natural state in a mixture of evergreen and deciduous trees and shrubs and shall be maintained in proper order. A landscaped buffer shall not be required along driveways or roadways providing access to or from a HOZ development, or in any location that will create a traffic visibility or safety issue, or in any area requiring drainage runoff improvements, such as drainage swales or detention basins.

Landscaping.

Landscaping shall be provided, approved, and permanently maintained on the lot with an intent to reduce excessive heat, glare and dust, to provide privacy from noise and visual intrusion, to control erosion of soil and stormwater runoff, to enable recharge of groundwater and to avoid degradation of groundwater, wetlands and watercourses.

The use of native plant species, where feasible, is strongly encouraged.

The introduction of invasive plant species is prohibited and eradication of existing invasive species may be a required element of the landscaping plan.

All parking, service and storage areas adjacent to perimeter buffers shall be enhanced if necessary to provide screening from abutting properties.

Design standards:

Architectural and site designs shall comply with the area and dimensional standards in this section.

All developments shall comply with handicap accessibility requirements mandated by local, state and federal laws.

All site plans shall make adequate provision for facilities and access for fire, police, and other emergency protection.

Housing affordability requirement. The applicant shall prepare and submit an "Affordability Plan" in accordance with the requirements of CGS § 8-30g and shall, at a minimum, include the following:

An identification of the housing units to be initially preserved as affordable within the development.

A requirement that such affordable unit shall only be occupied by a household earning 80 percent or less of the area median income for the region in which Avon is located, as determined and reported by the United States Department of Housing and Urban Development (HUD).

A detailed statement of the method for determining the qualifying household income and rental rate of an affordable housing unit at any point in time.

A statement of the term of the preservation period for each affordable unit from the date of first occupancy of that affordable unit.

10.

Recreational areas. As stated in General Statute § 8-30g, open space shall not be required for an HOZ development, but is encouraged. Land designated for recreation shall not be used for the storage of equipment or the deposit of debris. Any physical improvements to open space/recreation areas approved as part of the HOZ development shall be completed prior to issuance of a certificate of zoning compliance.

11.

Parking requirements. Off-street parking shall be 1.0 spaces for each one-bedroom residential unit and 1.5 spaces for each two-bedroom residential unit, and parking spaces shall otherwise comply with § VII.B.

12.

Signs. Signage shall comply with § VII.C.

13.

Lighting. Lighting shall be provided for pedestrian safety; shall be outfitted with cut offs or similar shields to prevent glare on adjacent and neighboring properties; and shall be arranged to meet zero foot candles at the property line.

14.

Retaining walls. Retaining walls may be constructed as necessary to provided grading and stability for residential use, provided that no retaining wall shall exceed 12 feet in height; each wall shall be built with a guardrail or equivalent safety feature as required by code; and specifications of the wall material, appearance shall be stated on the site plan and approval by the Town Engineer as safely designed prior to issuance of a building permit.

15.

Stormwater management. All applications for an HOZ development shall include a stormwater management plan.

16.

Soil erosion and sediment control. Soil erosion and sediment control standards shall comply with § III.I.2.b.

17.

Earth excavation, removal and deposit:

Earth excavation, removal, including off-site removal, and/or fill, shall be permitted for any HOZ development without the need for additional special exception or special approval, provided that such excavation, removal and/or fill is conducted in connection with the construction or alteration of a building or other structure for which the Zoning Commission has issued a site plan approval.

All earth excavation, removal, and/or fill for an HOZ development shall comply with the substantive standards in § III.H.3.a. and c.

18.

Building design and construction guidelines. Since design of buildings and sites is an important part of integrating housing at permissible densities into the community, all development in the HOZ shall be designed to a high level of architectural character so that the quality of the overall design of any development will be an important positive addition to the area.

Overall character.

Overall design theme (including building placement, building massing, exterior treatments, signage and other design considerations) shall be established where harmony in textures, lines, and masses is provided and monotony is avoided.

A desirable streetscape and attractive landscape transitions to adjoining properties shall be provided.

Landscape treatment shall be provided to enhance architectural features, shield unsightly areas, provide shade, and relate to the natural environment and topography.

Building placement and siting.

Buildings shall be organized in a coordinated and functional manner that is compatible with site features and the desirable characteristics of adjoining areas.

Buildings shall be designed and located on the site so as to retain the existing topography and desirable natural features of the land to the extent feasible.

Building mass.

The height and scale of each building shall be compatible with its site and the existing or planned character of the area.

Architectural features shall be evaluated based on the scale of the building(s), the quality of the design, and the relationship to surroundings.

Exterior materials and colors.

Building materials shall have durable quality and shall be selected for harmony or compatibility of the building with adjoining desirable materials.

19.

Application procedure:

All applications for a HOZ development shall be subject to site development plan review, in accordance with Section X.A.1.a of these regulations.

No special exception or special permit shall be required.

Administration.

Planning and Zoning Commission.

Applications to the Planning and Zoning Commission shall be submitted to the Clerk of the Commission on forms prescribed by the Commission and with supporting plans, materials, and other information required by the Commission. Applications shall be accompanied by the appropriate fees as established by the Town Council.

The Commission shall hold a public hearing on all applications except site development plans. Proceedings on such applications shall be in accordance with the provisions of the Connecticut General Statutes.

Applications to the Planning and Zoning Commission shall be submitted in conformance with the following requirements:

Site development plan. Site development plan applications shall be submitted on forms supplied by the Commission for any development of Commercial or Industrial Land Uses, any special exception application, (except signs), and any development on the Educational Land or Recreation/Open Space Zones. Applications for site plan approval shall be accompanied by six copies of detailed site development plans at no less than 40 feet to the inch, showing each phase of development for review by the Commission. These plans shall show the following data unless specifically waived by the Town Planner:

Title block, developer, property owner, north point, scale, location map, and seals of the engineer, architect, landscape architect, or surveyor preparing the plan. Each plan shall be prepared by the appropriate design professional as authorized by State licensing authorities.

Boundaries of property certified to a State of Connecticut A-2 Survey Standard.

Grading plans showing existing and proposed contours at not more than two-foot vertical intervals, Certification by Registered Land Surveyor that above information is in accordance with National Map Accuracy Standards. Wetlands and all wetland regulated areas, flood plains, and soil type should be delineated.

Existing and proposed roads, pedestrian walkways, driveways, loading and parking areas.

Location and dimension of all existing and proposed buildings, structures, walls, and area fences. Approximate age of existing structures and sites of historical significance should be noted. Building setback lines shall be shown.

A zoning data schedule clearly showing the following minimum requirements in that zoning district and as proposed on that site development plan: zone designation, lot size, yard areas, building footprint, building gross floor area, percent of building coverage, building height, number of stories, parking spaces, percent of impervious area, percent of landscaped area, percent of landscaped area within parking lots.

Location, nature, and extent of watercourses and water bodies.

Utility plans showing location, size and design of existing and proposed storm drainage, sewage disposal, refuse containment, water supply facilities, and electric and telephone lines. Design calculations, soil types, deep test hole data and percolation test data shall be shown for on-site sewage disposal system.