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Avon City Zoning Code

ARTICLE 5

Site Development Standards

§ 5.1 Accessory Structures.

[9-9-2025, eff. 10-23-2025]
The following section(s) will establish the accessory structures allowed within each zoning district and the associated criteria for each permitted accessory structure.
A. 
Agriculture District.
1. 
Applicability. The following accessory structures are permitted in the Agriculture District.
2. 
Permitted Accessory Structures and Requirements.
a. 
Structures customarily housing the principal use and those used for processing the products of farming, including cider mills.
b. 
Single-family dwellings in accordance with the height and area requirements dimensional standards for the R-40 Zone (see Section 3.2A3) occupied by the owner, members of the owner's family employed on the farm, or by permanent salaried employees.
B. 
Commercial and Industrial Districts.
1. 
Applicability. The following accessory structures are permitted in Commercial and Industrial Districts.
2. 
Permitted Accessory Structures and Requirements.
a. 
Buildings customarily incidental and subordinate to a permitted principal use.
b. 
Ground-mounted satellite dish antennas, subject to the following requirements:
(1) 
All yard setbacks shall be observed; however, no antenna shall be located closer than 100 feet to the front property line.
(2) 
No antenna shall be located within any required landscaped perimeter or landscape buffer as defined in Section 5.9E and Section 5.9F of these Regulations.
(3) 
No antenna shall exceed a height of 13 feet measured from ground level to the highest point of the antenna.
(4) 
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.
(5) 
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 Plan shall be prepared in accordance with Section 7.1B of these Regulations.
(6) 
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.
(7) 
A single ground-mounted satellite dish antenna which is under three and one-half feet in diameter shall be permitted by right. All yard setbacks shall be observed.
c. 
Roof-mounted satellite dish antennas may be permitted by Special Permit provided the following standards and conditions can be met:
(1) 
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.
(2) 
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.
(3) 
The height of the installation shall not exceed the maximum height restriction of the zone in which it will be located.
(4) 
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 Plan shall be prepared in accordance with Section 7.1B of these Regulations.
(5) 
The antenna shall meet all Special Permit criteria listed in Section 7.1C of these Regulations.
(6) 
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.
d. 
Solar Energy Structure (Parking Lot Canopy). These Regulations shall refer to and apply to a solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure, which is used in a parking lot or the top story of a parking structure to shade vehicles parked in such lot or structure.
(1) 
Size: A system shall not cover more than 50% of the parking lot or story of the parking structure in which it is located.
(2) 
Height. The system shall be between eight and 15 feet in height, so as to provide for parking underneath the system.
(3) 
Clearance. The minimum clearance between the lowest point of the system and the surface on which the system is mounted is seven and one-half feet.
(4) 
Location. Allowed in the interior side yard and interior rear yard only, if applicable. For any property designated as historic or located within a historic structure, such a system shall be located in the rear yard, if applicable.
(5) 
Setbacks. All parts of the freestanding system shall be set back a minimum of five feet from the interior side and interior rear property lines and shall not be located in a public utility easement.
(6) 
Appearance. Such a system must be gray, natural green, or beige in color, with the exception of the solar photovoltaic panels which are usually black, or system must be screened from view from surrounding residential properties. Signage or writing of any kind is not permitted on any portion of any parking lot canopy solar energy system, other than required manufacturer plates or safety labeling.
(7) 
Materials. Such a system shall not include any unfinished lumber.
e. 
Solar energy structures (building-mounted), in accordance with the requirements of Section 5.1E2l.
f. 
Solar energy structures (freestanding) in accordance with the requirements of Section 5.1E2m.
C. 
Educational Land District.
1. 
Applicability. The following accessory structures are permitted in the Educational Land District.
2. 
Permitted Accessory Structures and Requirements.
a. 
Residential structures accessory to the principal use.
D. 
Recreation/Open Space District.
1. 
Applicability. The following accessory structures are permitted in the Recreation/Open Space District.
2. 
Permitted Structures and Requirements.
a. 
Any building, structure, or use customarily incidental and subordinate to the principal use, not exceeding 600 square feet in area.
b. 
Buildings or structures in excess of 600 square feet in area are permitted provided that a Special Permit has been granted, in accordance with Section 7.1C of these Regulations, and that the following requirements are met:
(1) 
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.
(2) 
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" Buffer yard, as outlined in Section 5.9F.
E. 
Residential Districts.
1. 
Applicability. The following accessory structures are permitted in Residential Districts.
2. 
Permitted Accessory Structures and Requirements. The following accessory buildings and 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, or a maximum of 25 feet, whichever is less.
a. 
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.
b. 
Recreational vehicle storage is permitted in residential zones, provided that:
(1) 
The vehicle is owned by the owner or occupant of the premises.
(2) 
The vehicle is stored at least 10 feet from the side and rear lot lines and observes the front yard setback.
(3) 
The vehicle is not used as living quarters.
(4) 
The vehicle is buffered, or fenced where necessary, as determined by the Zoning Enforcement Officer, to protect property values in the neighborhood.
(5) 
Temporary storage (less than 48 hours in one month) is exempt from these Regulations.
c. 
Storage sheds, and similar outbuildings, including gazebos, conforming to all required yards in the applicable zone.
d. 
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 4.3G3.)
e. 
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).
f. 
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.
g. 
Other structures customarily incidental to a single-family dwelling shall be located at least 10 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.
h. 
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.
i. 
Satellite dish antennas subject to the following requirements:
(1) 
If the size of the satellite dish is less than or equal to 24 inches in diameter then it:
(a) 
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.
(b) 
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.
(c) 
Shall utilize colors that blend with the surroundings.
(2) 
If the size of the satellite dish is greater than 24 inches in diameter then it:
(a) 
Shall be ground mounted and shall not exceed a height of 10 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 Permit approval under this section.
(b) 
Shall observe all yard setbacks.
(c) 
Shall not be permitted within the front yard.
(d) 
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.
(3) 
Roof-mounted satellite dish antennas may be permitted for those uses receiving Special Permit approval provided that the applicant can 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.
j. 
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, subject to the following requirements:
(1) 
All POD units are prohibited from being placed within the street or in any right-of-way owned by the Town of Avon.
(2) 
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.
(3) 
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.
(4) 
The above regulations do not apply to open containers commonly known as "dumpsters" used for the removal of construction debris or other refuse.
k. 
A small wind energy system (windmill) may be permitted, by Special Permit, on a property located in any residential zone subject to the following location, dimensional, and other requirements listed below. All Special Permit criteria contained in Section 7.1C of these Regulations shall also be met. Any windmill proposed within the Ridgeline Protection Overlay Zone shall also require approval under Section 3.5A.
(1) 
Location and Dimensional Requirements.
(a) 
Small wind energy systems (windmills) shall only be allowed in association with a residential structure.
(b) 
The minimum lot size required for a small wind energy system shall be two acres.
(c) 
Only one windmill per parcel is permitted.
(d) 
The maximum height (including blades) of any small wind energy system shall be 120 feet.
(e) 
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.
(f) 
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.
(g) 
Windmills shall be sited in a manner that minimizes shadow and flicker impacts to adjacent properties and properties below the ridgeline.
(2) 
System Specifications.
(a) 
The maximum rated nameplate capacity, as specified by the manufacturer, shall be not more than 20 kW.
(b) 
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.
(c) 
Decibel levels shall not exceed 60 dBA, as certified by the manufacturer.
(d) 
Documentation of wind readings shall be presented to the Commission to demonstrate that the proposed location provides Class 2-3 winds.
(3) 
Additional Requirements.
(a) 
No tower is permitted that requires any lighting under federal, state, or local law.
(b) 
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.
(c) 
No wind facility shall cause interference with radio or television reception.
(d) 
Applicant shall demonstrate to the Commission that property security measures have been installed to protect the wind facility from unlawful entry or trespass.
(e) 
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.
l. 
Solar Energy Structures (Building Mounted). These Regulations shall refer to and apply to a solar energy system that is affixed to or an integral part of a principal or accessory building, including, but not limited to, photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings.
(1) 
Quantity. The total square footage may not exceed the total area of roof surface of the structure to which the system is attached.
(2) 
Flush-Mounted System. Systems should be less than four inches from the roof surface whenever possible.
(3) 
Height. Systems shall not extend beyond three feet parallel to the roof surface of a pitched roof, four feet parallel to the roof surface of a flat roof, or five feet above the highest peak of a pitched roof.
(4) 
Location on Structure. Such a system may be allowed on the principal and accessory structures, any roof face, and side and rear building facades.
(5) 
Projection. The system may project off a roof edge or building facade laterally from a building facade or roof edge a maximum of three and one-half feet or into an interior side or interior rear setback but shall be no closer than five feet to the interior side or interior rear property line.
(6) 
Signs. Signage or writing of any kind is not permitted on any portion of the system, other than required manufacturer plates and safety labeling.
m. 
Solar Energy Structures (Freestanding). These Regulations shall refer to and apply to a solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure other than parking lot canopy solar energy systems described in Section 5.1B2d.
(1) 
Output. The system shall produce less than one megawatt of electricity.
(2) 
Height. The system shall be as close to the ground as practicable, and not taller than 12 feet on lots of at least five acres and six feet on all other lots, all measured from the grade at the base of the pole to the highest edge of the system.
(3) 
Clearance. Minimum clearance between the lowest point of the system and the surface on which the system is mounted is three feet.
(4) 
Location. Allowed in the interior side yard and interior rear yard only. For any property designated as historic or located within a historic structure, such system shall be located in the rear yard.
(5) 
Setbacks. All parts of the freestanding system shall be set back a minimum of five feet from the interior side and interior rear property lines and shall not be located in a public utility easement.
(6) 
Appearance. Such a system must be gray, natural green, or beige in color, with the exception of the solar photovoltaic panels which are usually black, or system must be screened from view from surrounding residential properties.
(7) 
Materials. Such a system shall not include any unfinished lumber.

§ 5.2 Conversion to a New Use.

[9-9-2025, eff. 10-23-2025]
A. 
Conversion to (or Expansion of) Office Use.
1. 
Applicability. The conversion to, or expansion of, an office use is permitted in Residential Districts, provided that a Special Permit has been granted, in accordance with Section 7.1C of these Regulations, and that the requirements of Section 5.2A2, below, are met.
2. 
Site Development Requirements.
a. 
The lot contains at least 60,000 square feet or the minimum lot area required in the applicable zone (whichever is greater) and meets the minimum frontage required, including those on a State highway.
b. 
Front yard shall be a minimum of 60 feet in depth. Side and rear yards shall be a minimum of 50 feet in depth when abutting a residential zone.
c. 
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.
d. 
All parking requirements for office use are met, in accordance with Section 5.11. No parking shall be permitted in any required yard.
e. 
At least 65% 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 5.9.
f. 
The external appearance, details, scale, materials and general character of the building shall be in harmony with the surrounding neighborhood.
B. 
Conversion to a Residential Use.
1. 
Applicability. The conversion to a residential use is permitted in certain zoning districts, provided that a Special Permit has been granted, in accordance with Section 7.1C of these Regulations, and that the requirements of Section 5.2B2 or Section 5.2B3, below, are met.
2. 
Conversion within a Residential District. The conversion of existing buildings to residential use for not more than two dwelling units may be permitted, provided that:
a. 
The lot contains the minimum frontage and lot area required in the applicable zone.
b. 
The gross ground floor area after conversion does not exceed the maximum lot coverage regulation of the zone.
c. 
The dwelling units comply with the multifamily floor area requirements.
d. 
All applicable sanitary requirements for the additional families are met.
e. 
The external appearance and general character of the building as a single-family dwelling shall be preserved.
f. 
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:
(1) 
External design and appearance, including entrances,
(2) 
Exterior materials,
(3) 
Size of the home before and after conversion,
(4) 
Parking,
(5) 
Landscaping and buffering,
(6) 
Building and lot coverage before and after conversion,
(7) 
Undeveloped property in the area and relevant recommendations contained in the Plan of Conservation and Development.
g. 
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.
3. 
Conversion within the Office Park District. The conversion of existing buildings to residential use for not more than five dwelling units may be permitted, provided that:
a. 
The building to be used for residential purposes is located on a lot containing at least 15,000 square feet of office development.
b. 
The building to be used for residential purposes is of residential scale and character.
c. 
The dwelling units comply with the multifamily floor area requirements.
d. 
The general appearance and character of the building shall be in harmony with the surrounding neighborhood.
e. 
The applicant has demonstrated to the satisfaction of the Commission that:
(1) 
There 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
(2) 
The setting for the residential use is appropriate in terms of location and character.

§ 5.3 Corner Visibility.

[9-9-2025, eff. 10-23-2025]
On a corner lot in any district no planting, structure, fence, wall, or obstruction to vision more than three feet in height from the pavement shall be placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting points on said street lines, each point being 25 feet distant from the point of intersection.
APPENDIX_D Corner Visibility.tif

§ 5.4 Developable Land Calculation.

[9-9-2025, eff. 10-23-2025]
Land designated as Floodplain, Inland/Wetlands, Watercourse, or with slopes in excess of 25% shall not be used to calculate density for any use. Developable Land shall be calculated as follows:
Developable Land =Acreage of Total Site — Acreage of Floodplain, Wetlands, Watercourse, and Slopes > 25%
The Commission may modify or waive this requirement when, in the opinion of the Commission, the location and configuration of such lands in relation to the buildable area on the site may warrant such use and the applicable Special Permit criteria established in Section 7.1C are satisfied.

§ 5.5 Earth Alterations.

[9-9-2025, eff. 10-23-2025]
A. 
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 alteration operations which affect the value and enjoyment of neighboring properties, and control earth removal operations in order to protect the public health and safety. Earth alterations shall consist of removal, fill, and grading of earth materials on any lot.
B. 
Permits and Applications Required.
1. 
Earth alterations consisting of the removal or fill of earth material requires Special Permit approval, in accordance with the criteria established in Section 7.1C and this section, except as provided below:
a. 
Earth alterations of 100 cubic yards or less of earth materials to or from any lot or parcel is permitted.
b. 
Earth alterations between 100 to 1,000 cubic yards of earth materials to or from any lot or parcel is permitted, provided such removal occurs in conjunction with a construction operation which has a valid approval from the Commission, or which has a valid building permit from the Building Official. Earth alterations shall be conducted such that the requirements of subsection C, below, are observed.
2. 
A permit granted for the alteration of earth shall be valid for a period established by the Commission, but which shall not exceed two years in any event from the date of approval. Application for Special Permit shall be accompanied by a written report indicating:
a. 
The purpose of the earth alteration operation;
b. 
The period of operation;
c. 
The proposed dates of completion (removal, fill, rough grading, finish grading, stabilization, restoration);
d. 
A statement from a registered professional engineer of the amount of material to be altered; and
e. 
Proof that such operations comply with the Town's engineering standards. Proof may consist of a written statement provided by the Town Engineer certifying that such standards have been met.
3. 
Before any earth alterations occur, 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.
C. 
Site Development Requirements. All permitted and approved earth alteration operations shall adhere to the following standards:
1. 
Earth alteration operations may be conducted between the hours of 7:00 a.m. and 5:00 p.m. on weekdays only. No earth alterations shall be conducted on weekends or holidays.
2. 
The Commission may specify that area which may be under earth alteration at any one time, and the timetable for completion of all earth alteration operations.
3. 
Compliance with the provisions of Section 5.7 of these Regulations is required at all times during the earth alteration operation.
4. 
Earth alterations shall not take place within 35 feet of any property line unless modified by the Commission. Natural vegetation in this setback shall be preserved. In addition, the Commission may require a landscape buffer be provided around the earth alteration prior to the initiation of such operation, conforming to the requirements of a B Bufferyard, as specified in Section 5.9F of these Regulations.
5. 
In order to alleviate the danger of erosion hazards, to minimize the excesses of large earth alteration operations, and to encourage that newly developed sites are compatible to the existing natural features, the maximum slopes permitted for any residential, commercial, or industrial site shall be limited to the slopes outlined below. The Commission may modify this requirement upon the recommendation of the Town Engineer in unusual conditions where the use of retaining walls is necessary to develop the site most appropriately, 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.
a. 
For any filled slope, the maximum shall be 3:1.
b. 
For any cut slope, the maximum shall be 2:1.
D. 
Site Development Standards for Retaining Walls.
Maximum Height above lower grade
Process
Specifics
Up to 4 feet
No permit required E&S plan to ZEO
No setback required from property line
4.1 to 8 feet
ZEO approval and admin permit required
1-foot setback required. Signed and sealed PE plans required, pre and post
8.1 to 10 feet
Site Plan to P&Z
3-foot setback and signed and sealed PE plans required
10.1 to 16 feet and over
Site plan and special permit required
Minimum 5-foot setback, signed and sealed PE plans required

§ 5.6 Exceptions to Dimensional Standard Requirements.

[9-9-2025, eff. 10-23-2025]
A. 
Open or closed porches or vestibules may extend into any required front yard provided that such extension shall not project more than five feet into the front yard, nor contain more than 50 square feet of floor area computed on exterior dimensions.
B. 
Other usual projections such as chimneys, window sills, cornices, and bay windows may extend into any required yard not more than two feet.
C. 
The Commission may, by Special Permit, increase the maximum height provisions of these Regulations for church steeples, belfries, towers, cupolas and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures; and radio and television towers and antennas, and similar telecommunication structures giving consideration to the impact and safety of such increase in height on surrounding properties.
D. 
The height provisions of these Regulations shall not prevent the erection of a school, public library, or public museum to a height not exceeding 40 feet in a residential zone.

§ 5.7 Erosion and Sediment Control.

[9-9-2025, eff. 10-23-2025]
A. 
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.
B. 
Applicability. 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. When the disturbed area is one acre or more, a CT DEEP Construction Stormwater General Permit may also be required prior to the commencement of construction.
C. 
Minimum Standards. The most recent publishment of the Connecticut Guidelines for Soil Erosion and Sediment Control, as may be 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.
D. 
Soil Erosion and Sediment Control Plan. A soil erosion and sediment control plan, prepared by a professional engineer or landscape architect, shall contain proper provisions to adequately control accelerated erosion and sedimentation on a site, using the minimum standards as outlined in the latest version of the Connecticut Guidelines for Soil Erosion and Sediment Control, as may be amended, and published by CT DEEP. Such plan shall include, but is not limited to, the following content:
1. 
A narrative describing the development;
2. 
The schedule of major activities on the land including start and completion dates;
3. 
The sequence of grading and construction activities, sequence for installation of erosion and sediment control measures, and sequence for final stabilization measures;
4. 
The design criteria, construction details, and ongoing maintenance program for erosion and sediment control measures and the stormwater management system;
5. 
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 installation 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 this section 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. Following certification, the estimated costs of measures required to control soil erosion and sedimentation 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.
E. 
Installation, Maintenance, and Restoration.
1. 
Installation. Required erosion and sediment control procedures shall be installed at the earliest possible date relative to the normal sequencing of construction operations.
2. 
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.
3. 
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.

§ 5.8 Impervious Coverage Increase Allowances.

[9-9-2025, eff. 10-23-2025]
A. 
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.
B. 
Applicability. The provisions of this section may only be applied to commercial and/or industrial properties in which the applicant selects and agrees to properly design, install and maintain in perpetuity at least one item from each of the categories listed in Section 5.8D, below.
C. 
Approval Required. An increase in impervious coverage over the permitted allowance may be approved as a Special Permit. In order to be granted approval, the applicant shall provide for all Special Permit and Site Plan requirements of Section 7.1C.
D. 
General Requirements. The Commission may grant the requested increase in coverage in accordance with this section. An approved 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. An approved coverage increase must incorporate low impact development (LID) strategies, outlined in subsection E, into its site design. Each strategy incorporated into the site's design shall be above and beyond any existing applicable Code requirements and have a long-term maintenance agreement. Coverage increases are permitted as either:
1. 
Stage 1: An increase of up to 25% of the currently permitted maximum coverage of the site may be permitted. For a Stage 1 increase, the applicant shall select at least one item from each of the categories listed in subsections E1 through E4. Items selected must be compatible but not redundant. Commission determination on the acceptability of any coverage increase item is final.
2. 
Stage 2: An increase of up to 50% of the currently permitted maximum coverage of the site may be permitted. For a Stage 2 increase, the applicant shall select at least two compatible and coordinated items from each category.
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. Other significant sustainable principles and tactics may be considered for meeting the requirements of this section, as may be proposed by staff or applicant and which may be found acceptable to the staff and the Commission as technology advances.
E. 
Coverage Increase Items for Consideration.
1. 
Energy Generation, Conservation, and Efficiency.
a. 
Architecture: 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.
b. 
Solar Arrays: The use of properly designed and located solar arrays in parking lots as vehicle cover. The owner is responsible for any necessary easement acquisition.
(1) 
Stage 1 Requirements:
(a) 
The minimum parking lot solar coverage shall be 15%.
(b) 
The provision of at least three public electric vehicle charging stations, where public access is available and desirable.
(2) 
Stage 2 Requirements:
(a) 
The minimum parking lot solar coverage shall be 30%.
(b) 
The provision of at least three public electric vehicle charging stations, where public access is available and desirable.
c. 
Green Roofs: Site development includes the design and construction of a qualified green roof on at least 50% of the entire existing structure and 100% of new structures. Energy conservation/green energy use/production, green roofs/cool roofs, and exterior lighting with energy reduction specifics such as a qualified energy saving lighting, may be considered under this item.
d. 
Building and Site Design: The building is oriented for optimal solar gain using passive or active techniques, and site organization and building orientation is designed to minimize heat loss above code requirements. Building facades consist of a variety of features to break down mass and scale of large buildings.
e. 
Building Construction: The building is 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.
2. 
Stormwater Management. The total site impervious cover (building, parking, and all walkways) may be increased by up to 15% in acknowledgement of a credit for site impervious cover reduction of 25% may be granted for one to three of the following:
a. 
Pervious Surfaces: Placement of pervious or replacement of existing impervious surface(s) with permeable materials. The 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.
b. 
Low Impact Development Techniques: The use of Low Impact Development (LID) techniques, as 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 storm water runoff from the developed site.
c. 
Parking Design: Optimized parking design, location and screening, pervious parking and parking located to the 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.
3. 
Water Conservation.
a. 
Plumbing Fixtures: 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.
b. 
Landscaping and Stormwater Facilities: To include the use of low water use and native plant materials. Incorporate storm water design with required landscaping and planting of at least three overly large landscape specimen trees on the site. Maintenance plan required.
4. 
Site Design and Land Use/Agricultural Preservation.
a. 
Pedestrian Connectivity: Connectivity to on-site 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.
b. 
Building Transitions: Building transition to surrounding uses, to provide transition in massing and height between existing/proposed building and abutting use(s).
c. 
Development Rights Restrictions: 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.

§ 5.9 Landscaping.

[9-9-2025, eff. 10-23-2025]
A. 
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.
B. 
Applicability. The standards of this section shall apply to all commercial and industrial districts within the Town of Avon. The requirements of this section shall not apply to Residential Districts, except that any use requiring a Special Permit approval within the "R Districts" shall be required to meet the standards outlined in Section 5.9D, below.
C. 
Landscaping Plan Requirements. Landscape plans, prepared by a licensed landscape architect, shall include a plant list, with plant names, quantities, size at planting, and size when mature. Typical sections may be shown. Existing plantings shall be identified on the plan. When developing a landscape plan, the following shall be considered:
1. 
Native plants, as listed in CT DEEP's Stormwater Quality Manual (Appendix A: Plant List), shall be used in all landscaped plans, to the greatest extent possible.
2. 
Non-native invasive and invasive plant species listed on UCONN's Connecticut Invasive Plan List shall not be used in a landscaping plan for any new development or redevelopment of a property under these Regulations.
3. 
The most recent Connecticut Native Plant and Sustainable Landscaping Guide for guidance on site landscaping.
4. 
The most recent Connecticut Native Tree, Shrub, and Perennial Availability List regarding landscaping plant and tree selection.
D. 
General Landscaped Area Requirements.
1. 
Any lot developed for business or industrial use shall provide landscaped areas on the site which are, in the aggregate, at least 50% of the total lot area.
a. 
In the CS, CR, CPA, CPB, and I Districts, the Commission may allow, by Special Permit, a reduction in the overall landscaped area to 40% 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 Permit criteria as outlined in Section 7.1C have been met.
2. 
For any lot developed within a Residential District, for a use requiring a Special Permit, a minimum of 65% of the total lot area shall be landscaped area. No more than 50% of the required landscaped area shall be comprised of steep slopes, floodplain, or wetland soils. Where less than 25% of the minimum landscaped area requirement is met utilizing steep slopes, floodplain, or wetland soils, the Commission may, by a 2/3 vote of all of its members, permit a reduction in the minimum landscaped area to 55%. The Commission shall make a determination of no adverse impact on any other property and a finding that all Special Permit criteria in Section 7.1C are met.
E. 
Perimeter and Yard Requirements. Any lot developed for commercial or industrial use shall provide landscaped areas in accordance with the following standards:
District
Yards
Front1
Side3
Rear2
Commercial Retail
25 ft
25 ft
10 ft
Commercial Specialized
25 ft
25 ft
10 ft
Commercial Park A
25 ft
25 ft
10 ft
Commercial Park B
60 ft
25 ft
10 ft
Office Park
50 ft
25 ft
10 ft
Neighborhood Business
50 ft
25 ft
10 ft
Industrial
60 ft
25 ft
10 ft
Industrial Park
60 ft
25 ft
10 ft
Notes:
1
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.
2
Rear lot lines shall have one shade tree at least three inches in caliper for each 50 feet or part thereof of such lines.
3
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.
APPENDIX_D Landscape Requirements.tif
F. 
Buffer Requirements. Landscaped buffers shall be provided, where required by this section, and shall conform to the standards illustrated in the buffer yard graphic herein:
1. 
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.
2. 
Evergreens shall be coniferous species planted at six feet in height. Shrubs shall be either deciduous species planted at two and one-half feet in height with a mature height of at least six feet or coniferous species planted at two and one-half feet in spread.
3. 
The Commission shall determine which type of buffer yard 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 buffer yard requirements. Also, the Commission may require the substitution of the evergreen plant materials shown in the buffer yard graphic. The use of B1, B2, or B3 berms may also be required by the Commission where deemed appropriate in any buffer yard as an additional buffering mechanism.
4. 
A front yard landscaped buffer, meeting or exceeding the requirements of the A-1 Buffer yard, 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.
5. 
A front yard landscaped buffer, meeting or exceeding the requirements of the A-2 Buffer yard, may be required by the Commission in Commercial or Industrial Zones where deemed necessary to screen parking lot areas from the public street.
6. 
A landscaped buffer shall be provided alongside and rear yards where Commercial Zones, Industrial Zones, or approved Special Permit uses within Residential Zones, abut a Residential Zones or uses. These side/rear yard buffer requirements may be reduced or modified at the discretion of the Commission when warranted by special conditions.
a. 
The B Buffer yard shall be provided between any Commercial Zone and a Residential Zone or use.
b. 
The B Buffer yard shall be provided between any approved Special Permit use within a Residential Zone and a Residential use.
c. 
The C Buffer yard shall be provided between any Industrial Zone and a Residential Zone or use.
G. 
Parking Area Requirements. Any lot which contains parking facilities for more than 10 cars shall also provide landscaped areas within the parking, in accordance with the following requirements:
1. 
The landscaped area must equal to at least 20% of the gross parking lot area.
2. 
This landscaped area shall be provided using landscaped end islands and landscaped center islands within the parking area, which are designed and located to minimize the unattractiveness of parking lots.
a. 
Landscaped end islands shall be a minimum of 15 feet in width.
b. 
Landscaped center islands shall be a minimum of 18 feet in width.
3. 
One deciduous shade tree at least three inches in caliper shall be planted within the landscaped area for each 10 parking spaces.
4. 
In addition to the above requirements, no parking area or driveway shall be closer than 10 feet from any portion of a building other than its garage entrance or loading area apron. This 10-foot area shall be used for walkways and/or landscaping and this 10-foot area shall not be counted as part of the 20% requirement discussed above.
H. 
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.
I. 
Variations. 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.
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.
J. 
Completion. In new construction, all landscaping shown on the approved plan shall be completed before issuance of a Certificate of Occupancy.
All landscaping within the public right-of-way, shown on the approved plans, shall be completed before the issuance of a Certificate of Occupancy. Incomplete landscaping within the public right-of-way may be bonded 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.

§ 5.10 Outdoor Lighting.

[9-9-2025, eff. 10-23-2025]
A. 
Purpose. The purpose of this regulation is to set lighting standards for the Town of Avon that reduce glare, avoid light trespass onto adjacent properties and public streets, reduce light pollution and avoid sky glow caused by upward illumination.
B. 
Applicability. The standards of this section shall apply to the installation or replacement of outdoor lighting fixtures at commercial and industrial properties.
C. 
Definitions.
FIXTURE
A gas-powered, battery-powered, solar-powered, or electrically powered device that is secured to a wall, ceiling, pole, or post that is used to hold one or more lamps (or jets) and is intended to emit light.
GLARE
The effect of visual discomfort resulting from insufficiently shielded light sources shining horizontally in the field of view; intense and sometimes blinding light that reduces visibility.
LIGHT POLLUTION
A form of excessive nighttime light that can cause adverse effects and degrade environmental quality.
LIGHT TRESPASS
Light that strays from the intended purpose and becomes an annoyance, a nuisance, or a deterrent to visual performance.
LIGHT, DIRECT
Light that is visible from either the light source or reflected off the fixture's housing.
LIGHT, FULL CUTOFF
A light fixture that is fully shielded or emitting no light above the lowest light-emitting horizontal plane of the fixture.
LUMINAIRE
The complete lighting unit designed to distribute the light, position, and protect the light sources, and connect the light sources to the power supply. A light fixture consists of a lamp, a ballast, and a lens. Another word for a "light fixture."
MOUNTED FIXTURE HEIGHT
The height of a complete fixture from the top point of any part of the fixture to the ground directly below where the supporting pole or wall or other support structure meets the ground surface.
D. 
General Requirements. All exterior lighting must comply with the requirements of the Connecticut State Building Code, which incorporates the Light Pollution Controls amendment to the International Building Code (§ 2703), requiring all exterior luminaires to be full cutoff with limited exceptions, and the 2021 International Energy Conservation Code rules on exterior lighting controls (C405.2.7). Outdoor lighting regulated by this section shall meet the standards outlined below.
1. 
Light Trespass. Outdoor lighting shall not be located or directed in such a way as to produce glare or discomfort on public streets or a neighboring property. Luminaires shall be located and optically cutoff so that the light source shall not be visible from an adjacent property or the public right-of-way. When mounted, the light emitting part of the luminaire must emit the light exclusively downward. Lighting fixtures for building security shall be top downward (not upward or sideways), and fully cut off or fully recessed (flush-mounted).
2. 
Illumination. At its brightest illumination level, as depicted on the manufacturer's specification sheet, no outdoor light shall exceed the level of illumination as contained in the Recommended Practices of the Illuminating Engineering Society.
3. 
Light Controls. All outdoor lighting shall be controlled with a timer or motion sensor that automatically:
a. 
Turns lights off from 11:00 p.m. to 6:00 a.m.; or
b. 
Turns lights off after 15 minutes of no activity; or
c. 
Reduces the power output by 75% after 15 minutes of no detected activity.
All outdoor light fixtures necessary for security purposes or off-hour access shall be activated by motion-sensor devices that turn the light off after 15 minutes of no activity.
4. 
Other Requirements.
a. 
All new or replacement sign lighting shall use light fixtures positioned above the sign and pointed downwards. Uplighting of signs and internal illumination of signs is prohibited. Sign lighting requirements apply to both a freestanding and a sign attached to a building. These requirements do not apply to temporary signs of 30 days or less.
b. 
Parking lots, sidewalks, and other areas accessible to pedestrians and automobiles on properties with four or more units, mixed-use development, and non-residential development shall be illuminated with uniform and adequate intensity.
c. 
Large expanses of internally illuminated windows or wall openings visible from the property boundary are to be avoided. Interior light fixtures at buildings with a window-to-wall ratio greater than 35% shall be controlled by:
(1) 
An occupant sensor control to automatically turn off within 20 minutes after all occupants have left the space; or
(2) 
Time-switch controls that automatically turn off within one hour of close of business or no later than 12:00 a.m. (midnight), whichever is earlier. The control must feature a minimum seven-day clock, backup capability in the event of power interruption, and "holiday" programming.
Exceptions to this requirement include locations where patient care is directly provided, where an automatic shutoff would directly endanger occupant safety or security, and instructional shops and laboratory classrooms.
E. 
Site Plan Requirements. Any application before the Planning and Zoning Commission that is subject to these outdoor lighting standards shall provide the following information in addition to the material required by the Site Plan or Special Permit application:
1. 
A Site Plan indicating the location of all outdoor lighting fixtures;
2. 
Photometric plans, prepared, stamped and signed by a licensed professional engineer qualified in outdoor lighting, depicting the location of all outdoor lighting fixtures and building-mounted lighting fixtures and a maximum 10-foot by 10-foot grid of both the initial and maintained lighting levels on the site, including any impact on adjacent properties;
3. 
A lighting plan indicating how the lighting complies with the requirements set out in the Connecticut State Building Code for outdoor lighting and how the lighting has been coordinated with any associated landscaping plan to prevent site planning conflicts; and
4. 
A description of each lighting fixture. This description includes, but may not be limited to, manufacturer's catalog cuts and drawings (including sections if requested), lamp types, lamp color ratings and lumen output ratings.
F. 
Enforcement. These regulations shall be enforced by the Zoning Enforcement Officer or Building Inspector empowered to inspect any exterior lighting and, for any violation of these Regulations, issue an order in writing for violations to be corrected or terminated.

§ 5.11 Parking and Loading.

[9-9-2025, eff. 10-23-2025]
A. 
Purpose. These parking regulations are adopted for the purpose of providing sufficient parking facilities off the street to serve all existing and proposed uses and are intended to ensure that off-street parking and loading associated with new development or modifications to existing uses or property will be met without adversely affecting other nearby land and surrounding uses.
B. 
Applicability. These parking regulations shall apply to any proposed use or development activity that requires a Site Plan or Special Permit. A change of an existing use to a new use that requires more parking or loading than provided by the existing use shall meet the parking and loading requirements of the new use.
C. 
Required 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
SPACES
Retail Stores
1 per 200 gross sq. ft
Commission discretion to add 0.5 spaces per employee
Financial Institutions
1 per 165 gross sq. ft
Personal Services
1 per 165 gross sq. ft
Gasoline Stations:
Without Convenience Store:
3 per service bay and 0.5 per employee
With Convenience Store:
1 per 165 gross sq. ft
Major Grocery Store
1 per 200 gross sq. ft
Offices
1 per 250 gross sq. ft
Class I Restaurant
1 per 100 gross sq. ft
Class II and Class III Restaurants
1 per 100 gross sq. ft. and 0.5 per seat and 0.5 per employee
*The 1 per 100 gross sf 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 per guest room and 0.5 per employees and additional spaces for any accessory uses
Industrial Uses
1 per 300 gross sf or Commission discretion based upon use: 0.75 space per employee on the 2 largest shifts combined (employee basis)
Single-Family Dwelling
1 per unit
No parking on street
Multifamily Dwellings
1 per studio or 1 bedroom unit
2 per 2+ bedroom unit
No parking on street
Theaters, Churches, Public Assembly, Recreation, etc.
1 per 4 seats, per max as assigned by Fire Marshal
Shopping Centers
1 per 200 gross sq. ft.
1. 
Additional Requirements for Parking Space Calculation. In addition to the requirements of the table above, the following additional requirements shall be considered in the calculation of total required spaces:
a. 
In the event that a use is not considered in the table above, the Commission shall determine the required number of parking spaces for such use giving consideration to the recommendations from the Institute of Transportation Engineers.
b. 
On-street parking shall not be considered in the parking calculation for residential uses.
c. 
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.
d. 
The following additional rules shall apply when computing required parking for a shopping center:
(1) 
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 10 spaces/1,000 square feet of gross floor area.
(2) 
Any temporary or permanent reduction of parking requirements which may have been granted by past action of the Commission under Section 5.11.D, below, 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.
(3) 
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 square feet may not be applied to buildings or portions of buildings within a shopping center used as offices.
(4) 
Any retail plaza which contains a major grocery store shall compute parking requirements based on the composite of individual uses.
(5) 
Where property within a CPA District would constitute a shopping center under Section 2.3 of these Regulations, the parking rate shall be based on the composite of individual uses.
e. 
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.
f. 
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:
Use
Spaces
Category 1
(Retail Component is 20,000-40,000 sq. ft.)
Retail Component
1 per 165 gross sq. ft.
Hotel Component
1 per guest room and 0.5 per employees and additional spaces for any accessory uses
Category 2
(Retail Component is greater than 40,000 sq. ft.)
Retail Component
1 per 180 gross sq. ft.
Hotel Component
1 per guest room and 0.5 per employees and additional spaces for any accessory uses
D. 
Reduction of Required Parking Spaces. The number of required parking spaces may be reduced according to the following provisions:
1. 
The Commission may, by Special Permit, 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.
2. 
In the case of shared parking, the Commission may permit a permanent 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.
3. 
In parking lots in excess of 50 spaces in the I or IP District, 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.
4. 
The Commission may defer 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 deferment 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.
E. 
Parking Spaces, Lot Design, and Surface Treatment.
1. 
Parking Space Dimensions. The dimensions for parking spaces and drive aisles shall conform to the following table:
Degree of Parking Angle
Dimensions
Double Parking Bay
Depth of Bay
Aisle Width1,2
Width of Spaces
Depth of Spaces3
90°
60 ft
18 ft
24 ft
9 ft
18 ft
60°
58 ft
20 ft
18 ft
9 ft
18 ft
45°
53 ft
19 ft
15 ft
9 ft
18 ft
Notes:
1
Aisles for 90-degree parking are for two-way circulation, and aisles for 60-degree and 45-degree parking are for one-way circulation.
2
Aisles for single-loaded parking bays may be 22 feet wide.
3
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.
insert diagram
2. 
Parking Lot Design Standards.
a. 
The outside radius of parking lot end islands shall be 10 feet minimum. All other radii shall be five feet minimum.
b. 
All interior landscaped islands shall be a minimum width of 18 feet.
c. 
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 a 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.
d. 
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.
e. 
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.
f. 
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.
g. 
Parking spaces designed for handicapped persons shall be provided in all parking lots in excess of 10 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.
h. 
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.
3. 
Parking Lot Surface Treatment. All parking spaces, loading facilities, and access roadways shall have at least six inches of process stone and two and one-half 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 and adequate all-weather surface.
4. 
Electric Vehicle Charging Infrastructure. Any new construction of a commercial or multiunit residential building with 30 or more designated parking spaces for cars or light duty trucks must include electric vehicle charging infrastructure that is capable of supporting level two electric vehicle charging stations or direct current fast charging stations in accordance with the following:
a. 
At least 10% of parking spaces shall support such infrastructure.
b. 
An electric vehicle charging station installed pursuant to this section shall meet all applicable health and safety standards and requirements under any state or federal law or municipal ordinance.
F. 
Loading Areas. 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.

§ 5.12 Rear Lots.

[9-9-2025, eff. 10-23-2025]
A. 
Purpose. The purpose of this section is to regulate the development standards for rear lots, for residential purposes only.
B. 
Applicability. The development of rear lots shall be permitted provided that the standards of this section are met. In addition, the Commission must determine that the development of such rear lot will provide the most suitable use of the land considering such factors as drainage, configuration, accessibility, and topography.
C. 
Site Development Requirements.
1. 
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:
a. 
The Commission approves more than one 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
b. 
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.
2. 
Rear lots shall conform to all dimensional standards prescribed for the district 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 district. 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.
a. 
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.
3. 
Driveways serving a rear lot 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 driveway to be paved. Common driveways may serve up to a maximum of two rear lots and, where appropriate, the two adjacent front lots, and shall adhere to the following:
a. 
The common portion must be paved;
b. 
Pavement width shall be a minimum of 12 feet;
c. 
Pavement specifications shall comply to Town standards;
d. 
If part of a subdivision, the common portion of the driveway shall be installed as part of the street system;
e. 
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 Permit approval.
4. 
A landscape buffer shall be 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.
5. 
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.
6. 
When a Commission waiver of any regulation requirement is allowed by regulation and requested in writing, such waiver may only be granted by majority vote of all sitting members of the Commission for that application.

§ 5.13 Signage.

[9-9-2025, eff. 10-23-2025]
A. 
Purpose. The general purposes of these Sign Regulations are to set forth standards to control the location, size, number, lighting, and character of signs located in all zoning districts in order to further the purposes set forth in Section 1 of the Zoning Regulations, and to avoid conditions of clutter and unsightliness. The specific purposes of the Sign Regulations are to:
1. 
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
2. 
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.
B. 
Prohibited Signs. Signs listed within this section are expressly prohibited in all districts.
1. 
Off-premises signs;
2. 
Signs with flashing, intermittent, or intense variations of light, or exposed neon lights;
3. 
Flags or banners for the purposes of commercial advertising;
4. 
Any sign not permitted by subsections C, D, or E.
C. 
Temporary Signs. Temporary detached signs may be displayed in accordance with the criteria specified below. All such signs are limited to one per property (or business), unless otherwise noted.
Sign
Sign Area
Location
Other Requirements
Real Estate
4 sq. ft.
All districts
One sign is permitted per road frontage.
Construction
32 sq. ft.
All districts
Sign shall be removed within 5 days after the issuance of a Certificate of Occupancy.
Business Promotion
12 sq. ft.
CR, CS, CPA, CPB, OP, NB Districts
Sign may not be illuminated and shall not be permitted more than twice in the same calendar year, for up to 2 weeks each time. All businesses shall obtain permits from the Zoning Enforcement Officer prior to the sign being displayed.
Renovation
4 sq. ft.
Residential lots
Sign shall be removed within 5 days of the completion of work.
Subdivisions
12 sq. ft.
On an approved lot within a newly approved subdivision
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 5.13E of these Regulations.
New Business
12 sq. ft.
Commercial Districts
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 6 months of adoption of this regulation shall also be permitted a new business sign for 30 consecutive days. Said sign shall not be illuminated. A permit for such sign shall be obtained from the Zoning Enforcement Officer prior to the display of the sign.
D. 
Permitted and Exempt Signs. The signs listed below are permitted and exempt from the sign review procedures, provided the requirements listed within this section are met/satisfied.
Residential and Rural Districts
Sign
Quantity
Max. Size
Other
Identification, Wall or Detached
Per P&Z Approval
Per P&Z Approval
Per P&Z Approval
Commercial, Industrial, and Avon Village Center Districts
Sign
Quantity
Max. Size
Other
Identification, Wall
1 per occupant in a multi-tenant building. In a single-tenant building, occupant may display a maximum of one wall sign per building elevation.
See the "Maximum Size for Identification Signs in Commercial, Industrial, and AVC Districts" table below.
All signs should be similar in design, color, and content.
Window
With Text: 8 sq. ft. per window Without Text: 25% of the total window area of the specific commercial establishment.
Text must be contained within the smallest window area and may not be spread across multiple windows.
Maximum Size for Identification Signs in Commercial, Industrial, and AVC Districts
District(s)
Distance from Right-of-Way
< 150 ft
150 - 250 ft
> 250 ft
CR, AVC
1 sq. ft. per linear foot
of building frontage
(Max. of 100 sq. ft.)
1.5 sq. ft. per linear foot of building frontage (Max. of 200 sq. ft.)
2 sq. ft. per linear foot of building frontage (Max. of 300 sq. ft.)
CS, CPA, CPB, IP, I
1 sq. ft. per linear foot of building frontage (Max. of 100 sq. ft.)
E. 
Signs Permitted By Special Permit. The signs listed below are subject to additional standards and require Special Permit approval from the Commission, in accordance with the procedures and criteria outlined in Subsections F & G.
Residential and Rural Districts
Sign
Quantity
Max. Size
Max. Height
Other
Identification, Detached
1
12 sq. ft.
For identification of an authorized Special Permit use only.
Government, Detached
1
12 sq. ft.
Residential Development, Detached
1
12 sq. ft.
5 ft. including support structure
See Subsection E.1 below for more information.
1. 
Additional Requirements for Residential Development Signs.
a. 
For a subdivision, the sign shall be single-sided. For planned residential developments, planned elderly residential development, and multiple dwelling developments, the sign may be single- or double-sided.
b. 
Materials: Only materials requiring low maintenance such as stone and brick shall be utilized for the sign and structure.
c. 
Location: The sign shall be located outside of the road right-of-way.
d. 
Lighting: For planned residential developments, planned elderly residential development, and multiple dwelling developments the sign(s) may be externally illuminated provided that the source of illumination shall not be visible from any public road.
e. 
Maintenance: The applicant shall provide written documentation which demonstrates that appropriate instruments will be executed that guarantee the perpetual maintenance of the sign. In the case of a subdivision, 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.
f. 
Other: 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, in the case of a subdivision, to larger developments such as those in excess of 20 lots.
Commercial, Industrial, and the Avon Village Center Districts
Sign
Quantity
Max. Size
Max. Height
Other
Identification, Detached
1 per lot or consolidated parcel
12 sq. ft.
8 ft.
See Subsection E.2 below for more information.
Identification, Monument
1 per lot
24 sq. ft.
5 ft.
See Subsection E.3 below for more information.
Identification, Wall (OP District Only)
One sign per building not to exceed 32 square feet. The Commission may approve more than one wall sign for a building which is not part of a larger office complex, and which is occupied by multiple tenants. In such an instance, each tenant shall be permitted a maximum of one wall sign and the total area of all signs shall not exceed 32 square feet.
Identification, Wall (NB District Only)
Each building is allowed one square foot of sign area per lineal foot of building frontage. The location, materials, color, individual sign sizes, content, and lighting shall be subject to approval.
Identification, Wall (CR District Only)
A second wall sign on the same building elevation may be permitted, provided that the retail building is in excess of 50,000 square feet, has two main points of egress, and the frontage is in excess of 300 feet.
The two wall signs shall be similar in design and comply with the approved sign theme. The total square footage of both signs shall adhere to the total square footage permitted for a single sign per Section 5.13D.
Roof
Roof signs not exceeding the sign area for wall signs under Section 5.13D may be permitted where roof signs are, in the opinion of the Commission, more architecturally and aesthetically attractive because of building design. Any tenant utilizing roof signs will not be permitted to use wall signs.
Park Entrance
Each Commercial Park and Industrial Park may maintain one sign identifying the Park at each major entrance. The location, materials, color, size, content, and lighting shall be subject to approval by the Commission. Signs in CPA, CPB, and IP Districts shall conform to themes approved by the Commission for materials, color, size, shape, and content and shall be compatible with other existing signs in the area.
Emergency Medical Care
An approved emergency medical care facility, as defined in Section 2.3, may be permitted one sign not to exceed 12 square feet in area or five feet in height which identifies the type of available medical treatment services, and which indicates the hours the facility will be open. This sign, if approved, shall be in addition to any other sign which may be allowed by these Regulations.
Gas Price
One sign not exceeding 12 square feet indicating the price of gasoline being sold on the premises may be approved provided that the letters/numbers do not exceed 15 inches in height, the sign is mounted on pump island or main identification sign and the sign height does not exceed eight feet.
2. 
Second Detached Identification Sign within Certain Districts. Within the CR, CS, OP, CPA, and CPB Districts, a second permanent detached identification sign, with removable advertising panels, may be permitted for businesses within a multitenant plaza having five or more tenants. Such signs shall be designed in a manner that allows for small advertising panels to be readily changed on a frequent basis. These panels may be used to advertise individual businesses with an emphasis on those businesses that have limited or no visibility to a public street, and may also be used to advertise products, services, or special sales promotions. The following additional design standards and criteria shall apply:
a. 
Signs may be freestanding or attached to the primary low-profile detached sign. Where possible, the sign shall be located near the entrance drive in order to aid in public safety.
b. 
The framing and support for the sign shall be minimal in design. The sign shall be similar architecturally and utilize complementary materials and colors to the primary detached identification sign.
c. 
A multitenant plaza with five to 10 businesses is permitted up to 12 square feet in area. A multitenant plaza with more than 10 businesses is permitted up to 24 square feet in area.
d. 
A property with a minimum of 100,000 square feet (of approved and developed buildings) and 750 feet linear frontage may be permitted to increase total signage area, up to 48 square feet.
e. 
Properties receiving approval under this section shall continue to have rights to a 30-day new business sign under Section 5.13C.
f. 
Only external illumination is permitted. The source of light shall be shielded from the road and adjacent properties.
g. 
The property owner shall be responsible for:
(1) 
Designing a system/schedule which provides equity to all tenants who may have an interest in placing a panel on this sign. It shall be the property owner's responsibility to manage and enforce the rules.
(2) 
Submitting a plan to the Commission, designed by a licensed architect or sign manufacturer, for approval. This plan shall be an actual construction drawing with details on how panels may be readily interchanged.
(3) 
Failure by the property owner, or any subsequent owner, to follow the responsibilities indicated and approved by the Commission, may result in the termination by the Commission of any Special Permit approval which has been granted. Should the permit be terminated, the owner shall remove the sign within 30 days of such termination.
3. 
Additional Requirements for Identification (Monument) Signs.
a. 
No monument identification signs are allowed in the NB District.
b. 
The Commission may allow two smaller, one-sided, monument identification signs per lot as a Special Permit where it finds that:
(1) 
Both signs are similar in content and design;
(2) 
The combined area of both signs shall not exceed 24 square feet;
(3) 
Signs will be spaced at intervals such that only one sign will be legible at any time from any traveling direction on the adjacent street; and
(4) 
The proposed design and its incorporation into the landscape is more attractive on the particular site.
c. 
The Commission may allow two smaller, two-sided, monument identification signs per lot as a Special Permit where it finds that:
(1) 
The combined area of both signs shall not exceed 24 square feet, and both are similar in content and design;
(2) 
The building for which the signs are requested is in excess of 20,000 square feet in area;
(3) 
The building is served by two or more main driveways;
(4) 
Signs will be spaced at intervals such that only one sign will be legible at any time from any traveling direction on the adjacent street; and
(5) 
The approval of two signs will aid the public and improve traffic safety.
4. 
A second detached sign may be allowed when there are two separate buildings on a single lot which house two separate businesses.
a. 
The sign size in total for the site may be no larger than 35 square feet.
b. 
The second sign will need to apply for a special permit as usual and is subject to all special permit standards.
F. 
General Sign Standards.
1. 
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.
2. 
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 Districts.
3. 
No sign or any part thereof shall be moving whether by mechanical or other means.
4. 
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.
5. 
For signs in the Commercial Districts, 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.
6. 
Where more than one occupant exists in a building, all signs shall be of compatible shape, lettering, materials, and placement on the building.
G. 
Sign Review Procedures.
1. 
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.
2. 
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 with these Regulations and compatibility with the building and surrounding properties. No permits shall be issued for signs which conflict with the approved sign concept.
3. 
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.
4. 
For signs that require a Special Permit approval, except for roof signs, the Commission must find that:
a. 
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,
b. 
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
c. 
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.