In addition to any use-related sections noted within the Consolidated Use Table, all Commercial and Industrial Operations shall comply with the standards outlined in Section 4.3D (Commercial and Industrial Operation Standards). All development within a commercial or industrial district shall require Site Plan approval.

Attached to and within the existing principal single-family dwelling.

Detached, (including a garage conversion). A detached accessory dwelling unit, including the conversion of all, or a portion of, an existing garage or outbuilding shall be permitted as of right.

The minimum lot size for an ADU is the lot size that was deemed acceptable when the lot was originally created.

Accessory apartments may only be permitted on a lot that conforms to the various requirements for the zone in which it is located, and all proposed accessory structures, including the accessory apartment, must meet applicable setbacks.

The accessory apartment may not exceed 30% 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 area requirement 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 primary residence.

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

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

An 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.

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

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.

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

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.

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.

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

In addition, the following restrictions apply to any cafe permit issued by the Commission: Closing times are limited to the following:

No off-premises noise is permitted.

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

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 Permit which is found to meet the standards of Section 7. All abutting property owners within 500 feet shall be notified of the public hearing for such a Special Permit by the applicant. Proof of notification is required.

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 to keep noises from emanating from the buildings, except that in times of emergency, such as electrical failure, natural ventilation may be used.

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

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

The owner of each lot to be consolidated 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.

A Site Plan conforming to Section 7.1B, including detailed elevations of all existing towers, antennas, dishes, and other transmitting and receiving devices.

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 4.3E3e.

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.

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.

No employees shall be employed on a regular basis at the site and no office or broadcast studios shall be permitted.

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, or the State of Connecticut, whichever is more stringent.

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 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.

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:

The owner shall submit an annual report indicating that the facility is still in use. A facility not in use for more than one year or whose use is terminated shall be removed by the service facility owner. This removal shall be completed within 90 days of the end of the one-year period. Upon removal, the site shall be restored to its previous appearance.

Farming shall only be conducted on a property of at least 10 acres.

The commercial slaughtering of animals (as distinguished from fowl), fertilizer manufacturing, and commercial reduction of inedible animal matter is prohibited.

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.

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 10 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 Permit 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.

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.

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:

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.

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.

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 medical marijuana dispensary facility which is permitted under this section, or any Section of the Connecticut General Statutes may not be permitted to dispense marijuana for recreational purposes and further other cannabis establishments, as defined in C.G.S. § 21a-420, are not permitted in any Zone in Avon.

All of the requirements of the zone are met except floor area, lot area, and lot width.

The land is of sufficient area and width to protect public health, safety, and welfare.

The proposed use is compatible with existing development and the site development blends with the character of the area.

Plants generating power and plants disposing of sewage and/or garbage are not permitted in residential zones.

For all applications involving towers and/or antennas, information as required in Section 4.3E2 shall be provided; and the minimum standards and conditions in Section 4.3E3b, c, e through h).

These requirements shall not apply to standard utility distribution systems.

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.

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

Traffic generated by restaurant operations shall not adversely affect traffic flow, circulation patterns, or the level of service on adjacent or nearby streets. The Commission may require an applicant for approval of a Special Permit 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 Permit on roadway, signalization, intersection, drainage, or other improvements if the Commission deems such requirements to be necessary to assure compliance with these Regulations.

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 physical 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 Permit 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 Permit.

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 Permits, as may be required by these Regulations for such new use. In determining whether to issue such new approvals, permits, or Special Permits, 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.

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.

On an established commercial property within a Commercial District;

On an established industrial property within an Industrial or Office Park District;

On the property of a use which has been approved by Special Permit, such as a school, church, library, or golf course within any zoning district; or

On property owned by the Town of Avon.

The appropriate development of buildings that incorporate both living and working areas;

Flexibility for the development of work/live spaces and units, particularly within existing buildings;

Locations where appropriate new businesses can start up;

Opportunities for people to live in mixed-use commercial and residential areas where compatible with existing uses;

Protection for existing and potential uses from conflicts with each other by application of applicable standards; and

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.

A work/live space shall combine 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.

The resident owner or employee of the business is responsible for the commercial activity performed.

The commercial activity conducted takes place subject to a valid business license associated with the premise and the service provided.

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.

Where such use is proposed for a single story building the street frontage of the commercial use shall make up at least 80% of the building's street frontage and street presentation.

Work/live spaces shall not exceed 3,000 square feet in size.

Each work/live space of less than 2,500 square feet must provide at least one parking space for the residential use. For work/live spaces greater than 2,500 square feet in size (but less than 3,000 square feet), required parking will be based on applicable parking standard for the nonresidential use or the closest similar use as determined by the Zoning Enforcement Officer.