Avon City Zoning Code
ARTICLE 7
Administration, Procedures, and Enforcement
§ 7.1 Planning and Zoning Commission.
[9-9-2025, eff. 10-23-2025]
A.
Applications and Procedures. Applications to the Commission shall be submitted to the Clerk of the Commission on forms prescribed by the Commission and with supporting plans, materials, and other information required by the Commission and as outlined within this section. Applications shall be accompanied by the appropriate fees as established by the Town Council.
The Commission shall hold a public hearing on all applications except Site Plan approvals. The Commission may, but shall not be required to, hold a public hearing on Site Plan approvals. Proceedings on such applications shall be in accordance with the provisions of the Connecticut General Statutes. Applications to the Commission shall be submitted in conformance with the requirements outlined in this section. The following table outlines the general procedures associated with Planning and Zoning Commission applications:
Application Type | Section | Public Hearing Required | Notification Required1 |
|---|---|---|---|
Site Plan Approval | § 7.1B | The Commission may decide to hold a public hearing on a Site Plan application. If a public hearing is required, notifications are also required. | |
Special Permit | § 7.1C | Yes | Yes |
Zone Change | § 7.1D | Yes | Yes |
Amendments to Zoning Regulations | § 7.1E | Yes | Yes |
Note: | |
|---|---|
1 | Notification to abutting property owners (Section 7.4A), notification by newspaper (Section 7.4B), and posting of a sign on the property (Section 7.4F) are required for all applications involving a public hearing. Notifications to water companies, the regional planning agency, and abutting municipalities are required in some instances. See Section 7.4 for more information. |
B.
Site Plan Approval.
1.
Applicability. Site Plan approval shall be required for:
a.
Any development of Commercial or Industrial Land Uses;
b.
Any Special Permit application (except signs); and
c.
Any development on the Educational Land or Recreation/Open Space Zones.
Site Plan approval applications shall be submitted on forms provided by the Commission and meet all standards outlined within this section.
2.
Application Requirements. Applications for Site Plan approval shall be accompanied by eight copies of detailed site development plans at no less than 40 feet to the inch, showing each phase of development for review by the Commission. Each plan shall be prepared by the appropriate design professional as authorized by the CT Department of Consumer Protection. These plans shall show the following data, unless specifically modified by the Town Planner:
a.
Title block, developer, property owner, north point, scale, location map, and seals of the engineer, architect, landscape architect, or surveyor preparing the plan.
b.
Property boundaries, certified to a State of Connecticut A-2 Survey Standard.
c.
Existing and proposed grading, showing contours at not more than two-foot vertical intervals. A licensed land surveyor shall provide certification that the existing topography meets the T-2 accuracy standards as specified by the CT Department of Consumer Protection.
d.
Existing and proposed roads, pedestrian walkways, driveways, loading and parking areas.
e.
Existing and proposed buildings, structures, walls, and area fences, including location, dimensions, setbacks, elevations, floor plans, and other information considered necessary by the Commission for adequate study of the proposal. The approximate age of existing structures and sites of historical significance should be noted.
f.
Delineation of all wetlands and all wetland regulated areas, flood plains, and soil type and the location, nature, and extent of all watercourses and water bodies.
g.
Utility plans showing location, size, and design of existing and proposed storm drainage, sewage disposal, refuse containment, water supply facilities, and electric and telephone lines. Design calculations, soil types, deep test hole data and percolation test data shall be shown for on-site sewage disposal system.
h.
Landscape plans showing location, size (at time of planting and maturity) species and type of proposed landscaping including all existing trees of 12 or more inches in diameter, measured at a trunk height of three feet above the ground. Heavily wooded areas shall be shown by foliage lines.
i.
Proposed exterior signage including location, dimensions, areas, type, color, materials, and illumination.
j.
Proposed exterior lighting including, location, design and intensity. In accordance with the requirements of Section 5.10E.
l.
A plan showing the location of buildings, streets, driveways, and other facilities on the subject land and adjoining properties within 500 feet.
m.
A zoning data schedule clearly showing the following minimum requirements in that zoning district and as proposed on that site development plan including zone designation, lot size, yard areas, building footprint, building gross floor area, percent of building coverage, building height, number of stories, parking spaces, percent of impervious area, percent of landscaped area, percent of landscaped area within parking lots.
3.
Approval Procedures.
a.
Before the Commission approves a Site Plan application, the Commission shall determine that the data shown on the Plan meets all of the requirements of these Regulations.
b.
The Commission may require that a bond be posted by the applicant, in an amount and form acceptable to the Commission, to ensure that the improvements in the public right-of-way shown on the plan are implemented.
c.
A Mylar copy of the approved site development plan shall be signed by the Chairman of the Commission and filed in the Office of the Building Official before any building permits are issued for the activities shown on the approved plan.
d.
Building permits and certificates of occupancy shall be issued only in conformance with the approved plans on file in the Office of the Building Official.
4.
Validity. A Site Plan approval work must start within one year from date of approval and be completed within five years. If construction of buildings is in progress, an extension of time may be granted by the Commission. Requests for extensions shall be made a minimum of 30 days before the expiration of such approval.
5.
Modifications.
a.
Minor Modifications: When minor changes to approved site development plans are requested which: (1) do not require additional parking spaces; (2) do not impact on necessary landscaping; or (3) which may be required by field conditions, administrative approval may be granted by the Town Planner, Building Official, and Town Engineer. An application, fee, and plans shall be filed in the Planning Office.
b.
Major Modifications: Where a judgment is made by the Town Planner that such changes are more significant and do not meet the foregoing standards, a Site Plan application shall be required. One mylar copy of the approved plan must be filed by the applicant unless waived by the Town Planner.
C.
Special Permit Applications.
1.
Applicability. Special Permit applications shall be required for any development of buildings, structures, activities or uses designated in the Regulations as a Special Permit. Special Permit applications shall be submitted on forms provided by the Commission and meet all standards outlined within this section.
2.
Application Requirements. Applications for a Special Permit (except for signs) shall be accompanied by an overall plan of development at no less than 100-scale for the entire parcel. Such plan of development shall include the following:
a.
The layout and location of proposed buildings, structures, roads, utilities, parking areas, landscaped areas, landscape buffers, and other improvements;
b.
A Site Plan approval application complying with the requirements of Section 7.1B.
c.
Any other information that the Commission deems necessary.
3.
Approval Procedures. In considering an application for Special Permit (except for signs), the Commission shall determine that the following specific conditions are met:
a.
Suitable Location for Use. That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area and compatible with other existing uses.
b.
Suitable Structures for Use. That the kind, size, location and height of structure and the nature and extent of landscaping on the lot are appropriate for the use and will not hinder or discourage the appropriate use of adjoining property or diminish the value thereof.
c.
Neighborhood Compatibility. That the design elements of the proposed development are attractive and suitable in relation to the site characteristics and style of other buildings in the immediate area, and that the proposed use will not alter the essential characteristics of the area or adversely affect property value in the neighborhood.
d.
Adequate Parking and Access. That the parking and loading facilities are adequate and properly located and the entrance and exit driveways are laid out to achieve maximum safety.
e.
Adequate Streets for Use. That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic generated by the proposed use, and the proposed use will not impede the implementation of the Traffic Circulation Plan.
f.
Adequate Emergency Access. That the proposed use shall have easy accessibility for fire apparatus and police protection and is laid out and equipped to further the provision of emergency services.
g.
Adequate Public Utilities. That the water supply, the sewage disposal, and the stormwater drainage shall conform with accepted engineering criteria; comply with all standards of the appropriate regulatory authority; and not unduly burden the capacity of such facilities.
h.
Environmental Protection and Conservation. That the proposed plans have provided for the conservation of natural features, drainage basins, the protection of the environment of the area, and sustained maintenance of the development.
i.
Consistent with Purposes. That the proposed use will not have any detrimental effects upon the public health, safety, welfare, or property values, and that the proposed use will not conflict with the purposes of these Regulations.
Before the Commission approves a Special Permit, the Commission shall determine that the application is in conformance with the general criteria established in this section, and the specified criteria of any subsection of these Regulations. In approving an application, the Commission may impose conditions deemed necessary to protect the public health, safety, welfare, convenience, and property values.
4.
Validity. Special Permit approval granted by the Commission shall expire and/or be extended in accordance with C.G.S. § 8-3(i).
D.
Zone Change.
1.
Applicability. Zone Change applications shall be required for any proposal to alter the zoning designation of any parcel or parcels of land in the Town of Avon. Zone Change applications shall be submitted on forms provided by the Commission and meet all standards outlined within this section.
2.
Application Requirements. Applications for Zone Change shall be accompanied by an overall plan at no less than 200 scale for the entire parcel. Such plan shall show include the following:
3.
Approval Procedures. Before the Commission approves a Zone Change request, the Commission shall determine that the proposed Zone Change will be in conformance with the plan of development and the purposes of these Regulations and that the uses permitted in the proposed zone will not adversely affect the public health, safety, welfare, and property value.
4.
Effective Date. When the Commission votes to approve a Zone Change, the effective date of the change(s) shall be 30 days from the date that the vote was taken unless an alternate effective date is chosen by the Commission.
E.
Amendments to Zoning Regulations.
1.
Applicability. Applications for amendments to the Zoning Regulations shall be required for any proposal to amend, change, or repeal these Regulations. Applications for an amendment to the Zoning Regulations shall be submitted on forms provided by the Commission and meet the standards outlined within this section.
2.
Approval Procedures Public Hearing. Before the Commission approves any amendment to these Regulations, the Commission shall determine that the proposed amendment will not hinder the attainment of the purposes of these Regulations and that the public health, safety, welfare and property values will not be adversely affected and will conduct a properly noticed public hearing.
3.
Effective Date. When the Commission votes to amend any section of these Regulations, the effective date of the change(s) shall be 30 days from the date that the vote was taken unless an alternate effective date is chosen by the Commission.
§ 7.2 Building Department Applications.
[9-9-2025, eff. 10-23-2025]
A.
Building Permits. The Building Official shall require that an application for a building permit be accompanied by adequate supporting plans, materials, and other information necessary to determine that the proposed building, structure, alteration, activity, or use complies with all the provisions of these Regulations, and any requirements or conditions applied by the Commission or other agency or is a valid nonconforming use under these Regulations.
To ensure compliance with building height requirements, an applicant shall calculate the average grade around the proposed structure and the building height as it relates to this average grade and submit this data at the time of application for a permit. The requirement for this calculation may be waived by a majority vote of the Commission at a meeting of the Commission.
No building permit shall be issued until the Building Official has certified that the proposed building, structure, alteration, activity, or use complies with all the provisions of these Regulations and any requirements or conditions applied by the Commission or other agency or is a valid nonconforming use under these Regulations.
B.
Certification of Plan Compliance.
1.
During the process of construction, the following certifications shall be submitted to the Building Official by a Registered Land Surveyor:
a.
Certification as to elevation and location of top of foundation prior to framing of building or construction of wall.
b.
Certification as to elevation and location of all utilities and sub-grade of all paved areas prior to paving.
c.
Certification as to as-built conditions of all improvements shown on the site development plan prior to the issuance of the Certificate of Occupancy or temporary Certificate of Occupancy.
2.
Certifications for subsection B1a and B1b may be in the form of a letter or mylar map, as determined by the Town Engineer, and may be modified at the discretion of the Town Engineer or by the Commission. The as-built conditions map described in Subsection B1c shall be on photographic mylar and a computerized map in digital format, acceptable to the Town Engineer, shall be submitted. The as-built conditions map shall include the following information:
a.
Title block, developer, property owner, north point, scale, and seal of the surveyor preparing the plan.
b.
Boundaries of property certified to a State of Connecticut A-2 Map Survey Standard.
c.
Pedestrian walkways, driveways, loading, parking areas, parking lot striping, and limits of all paved surfaces.
d.
Location distance to property lines and dimensions of all buildings, structures, walls, fences, exterior lighting and refuse containment areas.
e.
Utility plans showing location/elevation of storm drainage, sewage disposal, water supply facilities, and electric and telephone lines.
f.
The zoning data schedule included as part of the approved record plan clearly showing the minimum requirements of the zoning district, those approved on the site development plan and as-built conditions. This table is to be included on the as-built map. A sample data schedule is provided at the end of this section.
g.
A detailed statement on the Mylar map which lists all as-built conditions that differ from the record plan approved by the Commission. If an as-built map is being prepared in connection with a request for a temporary Certificate of Occupancy, a second statement shall be included on the Mylar map which details required site improvements not completed to date. A cash bond shall be required for all improvements within the public right-of-way which have not been completed.
h.
A written statement prepared by the landscape contractor which provides a detailed comparison between the approved landscape plan and all plants which were installed so as to demonstrate compliance with the approved landscape plan.
i.
Should special or unique conditions exist, additional information may be required.
C.
Certificate of occupancy. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose, until a Certificate of Occupancy shall have been issued by the Building Official, stating that the premises or building complies with all the provisions of these Regulations and CT Building Code. Such a certificate is also required for any change, extension, or alteration in a use.
A Certificate of Occupancy shall be applied for at the same time that the building permit is applied for and, if approved by the Building Official, shall be issued within 10 days after notification from the permittee that the premises are ready for occupancy.
No Certificate of Occupancy shall be issued for any dwelling unit until the public right-of-way to such building is made accessible to vehicular traffic including emergency service vehicles on a year-round basis.
SAMPLE ZONING DATA TABLE: | |||
|---|---|---|---|
Zoning Data | Required/Allowed | Approved | As-Built Conditions |
ZONE: CS | |||
Min. lot area | 30,000 sq. ft. | 84,795 sq. ft. | 84,795 sq. ft. |
Min. lot width | 150' | 293.85' | 293.85' |
Max. lot coverage | 25% | 11% | 10.97% |
Max. front yard | 40' | 96' | 96' |
Min. side yard | 20' | 25' | 25' |
Min. rear yard | 20' | 20' | 20' |
Max. building height | 2 st/35' | 2 st/29' | 2 st/29' |
Min. building footprint | 1,500 sq. ft. | 9,115 sq. ft. | 9,119 sq. ft. |
Bldg. gross floor area | 17,600 sq. ft. | 17,672 sq. ft. | |
Min. landscaped area | 50% | 51.45% | 52.6% |
Parking | |||
Ratio | 5/1,000 sq. ft. | 5/1,000 sq. ft. | 5/1,000 sq. ft. |
Total parking | 88 sp | 88 sp | 88 sp |
Total reserve parking spaces | 0 sp | 0 sp | 0 sp |
Percent of landscape planting within parking lot | 20% | 34% | 33.8% |
§ 7.3 Zoning Board of Appeals.
[9-9-2025, eff. 10-23-2025]
A.
Powers and Duties. The Board of Appeals shall have the following powers and duties, which shall only be exercised in harmony with the purpose and intent of these Regulations and in accordance with the public interest and the development of the neighborhood:
1.
To hear and decide appeals where it is alleged that there is an error in any order, requirement, or decision made by the Zoning Enforcement Officer; and
2.
To vary the application of the Zoning Regulations in harmony with their general purpose and intent and with due consideration for conserving the public health, convenience, welfare, and property values.
B.
Procedures.
1.
All appeals and applications made to the Board of Appeals shall be submitted to the Clerk of the Board on forms prescribed by the Board and with supporting plans, materials, and other information required by the Board. Applications shall be accompanied by the appropriate fee as established by the Town Council.
2.
The Board of Appeals shall hold a public hearing on all applications and appeals. All proceedings shall be in accordance with the applicable provisions of the Connecticut General Statutes.
3.
Any action required by the appellant as a result of decisions or orders made by the Board must be taken within the time affixed by said Board.
4.
Any action required by the appellant as a result of variances granted by the Board must be taken within one year from the effective date or the variance shall become null and void.
5.
The Board of Appeals shall not be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision to deny the application by the Board or by a court on an earlier such application.
Application Type | Section | Public Hearing Required | Notification Required1 |
|---|---|---|---|
Variance | 7.3.C | Yes | Yes |
Note: | |
|---|---|
1 | Notification to abutting property owners (Section 7.4A), notification by newspaper (Section 7.4B), and posting of a sign on the property (Section 7.4F) are required for all applications involving a public hearing. Notifications to water companies, the regional planning agency, and abutting municipalities are required in some instances. See Section 7.4 for more information. |
C.
Variances.
1.
No variance in the strict application of any provisions of these Regulations shall be granted by the Board of Appeals unless it finds all of the following:
a.
That there are special circumstances or conditions applying to the land or building for which the variance is sought, which are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, or in the zoning district at large, and have not resulted from any act subsequent to the adoption of these Regulations whether in violation of the provisions hereof or not;
b.
That the aforesaid circumstances or conditions are such that the literal enforcement or strict application of the provisions of the Regulations would result in exceptional difficulty, unusual hardship, or deprive the applicant of the reasonable use of such land;
c.
That the granting of the variance is necessary for the reasonable use of the land or buildings, and that the variance granted by the Board is the minimum variance that will accomplish this purpose; and
d.
That the granting of the variance will be in harmony with the purposes and intent of these Regulations; will accomplish substantial justice; and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety, and welfare.
2.
These findings shall be fully described in the record of the Board.
3.
The term "site characteristics" when used to discuss or decide any application it means only the physical site characteristics as is in keeping with C.G.S. § 8-2, as amended.
§ 7.4 Notification Procedures.
[9-9-2025, eff. 10-23-2025]
All applications submitted to the Planning and Zoning Commission or the Zoning Board of Appeals shall be required to adhere to the notification procedures of this section, when applicable.
A.
Notification to Abutting Property Owners. For any application involving a public hearing, the applicant shall be responsible for notifying the owners of all parcels of land that are subject of the application and all persons owning property in which any portion of such property is within 100 feet of the land that is subject of the application. Such notification shall include, at a minimum:
1.
The date, time, and location of the public hearing;
2.
The street address of all parcels that are subject of the application or, if such parcels do not have a street address, adequate geographical information to allow the recipient of the notice to determine the location of the parcels with respect to the nearest street intersection;
3.
The nature of the application (type); and
4.
Submission of a completed affidavit of mailing notice to be submitted on a form provided by the Land Use Department prior to the start of the required public hearing.
The applicant shall provide a list of all addresses to which this notification has been sent in their application package. This notification shall be sent by mail at least 14 calendar days prior to the date of the public hearing. A certificate of mailing from the U.S. Post Office of said written notice shall be provided to the Planning and Zoning Office as evidence of compliance with this section. Failure to mail such notice shall constitute an incomplete application.
B.
Notification to Water Companies. For any application concerning land within an aquifer protection area or the watershed of a water company, the applicant shall be responsible for notifying the afflicted water company in accordance with C.G.S. § 8-3i. This notice shall be made by certified mail, return receipt requested, no later than seven calendar days after the day of submission to the Commission. The applicant shall be responsible for submitting proof of mailing and a copy of all notices and documentation sent to the afflicted water company. Failure to provide the documentation shall constitute an incomplete application.
C.
Notice by Newspaper. For any application involving a public hearing, the Town of Avon's Planning and Zoning Office shall publish notice of a public hearing in a newspaper having general availability within Avon, Such notice shall be published at least twice at intervals of not less than two calendar days, the first not more than 15 calendar days, nor less than 10 calendar days, and the last not less than two calendar days before the date of the hearing. This fee shall be paid by the applicant.
D.
Notification to Regional Planning Agency. For any application proposing to change a zoning designation within 500 feet of an abutting municipality, the Commission shall provide notice, in accordance with C.G.S. § 8-3b, to the regional planning agency. If any report from such agency is not submitted at or before the hearing, it shall be presumed that such agency does not disapprove of the proposal. The report of such agency is purely advisory.
E.
Notification to Abutting Municipalities. The Town of Avon Planning and Zoning Office may notify the clerk of an adjoining municipality for any application in which:
1.
Any portion of the property affected by a decision is within 500 feet of the boundary of the adjoining municipality;
2.
A significant portion of the traffic to the completed project shall use streets within the adjoining municipality to enter or exit the site;
3.
A significant portion of the sewer or water drainage from the project shall flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
4.
Water runoff from the improved site shall impact streets or other municipal or private property within the adjoining municipality.
Such notice shall be made by certificate of mailing requested and shall be mailed within seven calendar days of the day of the submission to the Commission of the application, petition, request or plan.
F.
Posting of Sign on Property. For any land use application on a Planning and Zoning Commission or Zoning Board of Appeals agenda, the applicant shall be responsible for posting a sign on the property subject of the public hearing, 14 calendar days in advance of said hearing. Such sign shall be displayed in a highly visible place on the site, where the property line abuts a public or private street, or at a visible location nearest the site. The sign shall be provided by the Planning and Zoning Office and paid for by the applicant.
§ 7.5 Nonconforming Uses, Structures, and Lots.
[9-9-2025, eff. 10-23-2025]
A.
Nothing in this section shall require any changes in the plans, construction, or designated use of any building for which a building permit has been issued, of which construction was commenced prior to the adoption of these Regulations or of any amendments hereto, and which construction shall be initiated within one year of the adoption of same.
B.
Any nonconforming use of buildings or land lawfully existing at the time of adoption of these Regulations or any amendments hereto, may be continued.
C.
No nonconforming use may be changed except to a conforming use or, with the approval of the Zoning Board of Appeals, to another nonconforming use of a less objectionable character. No nonconforming use shall, if once changed into a conforming use, be changed back into a nonconforming use.
D.
No nonconforming use, and no building containing a nonconforming use, shall be extended, or expanded.
E.
Structural alterations which do not materially alter the characteristics or exterior appearance of a building containing a nonconforming use may be made, providing the total costs of such alterations do not exceed 50% of the assessed valuation of such building at the time it becomes nonconforming unless the use thereof is changed to a conforming use.
F.
Nonconforming buildings may be altered, or enlarged, provided that such additions or enlargements conform to the applicable provisions of these Regulations, and the total added floor area does not exceed 50% of the floor area of the original building.
G.
Where a part of a nonconforming building extends into a required yard, any additions shall have the required yards, except that the Zoning Board of Appeals may approve a variance in yard requirements to a yard size not less than presently exists, where such smaller yards will not have a detrimental effect on adjoining property.
H.
Any nonconforming building which has been damaged by fire, explosion or accident, may be repaired, rebuilt, or replaced within one year of such damage, provided that such repairs, rebuilding, or replacement does not extend nor expand the previously existing nonconforming building. This time may be extended by the Commission.
I.
Where safe and adequate disposal of sewage and a safe water supply, as required by the Public Health Code, can be provided without endangering the health and safety of adjoining residents, nothing in these Regulations shall prevent the construction of a permitted building or the establishment of a permitted use on a lot containing less than the prescribed area or width which at the time of adoption hereof or any pertinent amendment hereto was:
J.
Where two or more nonconforming adjoining lots are or come to be under the same ownership on or after the effective date of these Regulations, then such lots shall be considered merged under operation of law.
§ 7.6 Enforcement.
[9-9-2025, eff. 10-23-2025]
A.
Authority. These Regulations shall be administered and enforced by the Commission. The Commission shall appoint a Zoning Enforcement Officer and may appoint Assistant Zoning Enforcement Officers who shall be confirmed by the Town Manager. Once appointed and confirmed, the Enforcement Officers shall be the Commission's duly authorized agents.
The Zoning Enforcement Officer shall administer the zoning enforcement program; and may delegate responsibilities as appropriate to such Assistant Zoning Enforcement Officers as may exist. The Zoning Enforcement Officer and assistants are hereby authorized to inspect and examine any building, structure, place, or premises and to order in writing the remedying of any condition found to exist there in violation of any provision of these Regulations.
B.
Penalties. The owner or agent of a building or premises where a violation of any provisions of these Regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any such violation shall exist shall be subject to the remedies and sanctions provided by Connecticut General Statutes, in addition to any other remedies provided by law.