Loading...
TC Ord. 18-19 Approving Amendments to Sections of Titles 7, 10, and 15 of the Avon Municipal CodeTOWN OF AVON ORDINANCE 18-19 APPROVING AMENDMENTS TO SECTIONS OF TITLE 7, TITLE 10, AND TITLE 15 OF THE AVON MUNICIPAL CODE RECITALS WHEREAS, the Avon Town Council initiated a code text amendment application ("Application") to amend the text of the Avon Development Code ("ADC") in accordance with ADC §7.16.040; and WHEREAS, the Avon Planning & Zoning Commission ("PZC") held public hearings on September 4, 2018, October 2, 2018, and October 16, 2018, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to formulating a recommendation; and WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval of the Application to the Avon Town Council; and WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that the Code Text Amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions, and promotes the health, safety and general welfare of the Avon community; and WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, pursuant to the home rule powers of the Town of Avon ("Town"), the Avon Town Council has the power to adopt Health and Safety, and Building and Construction Codes, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants; and WHEREAS, the Avon Town Council finds that electronic assisted bicycle regulations are necessary to respond to changed conditions and new mobility options; and WHEREAS, the Avon Town Council finds that changes to the Sign Code provide clearer instruction for staff and applicants, and help modernize the sign plan requirements in line with current aesthetic and safety standards; and WHEREAS, the Avon Town Council held public hearings on January 8, 2019 and January 22, 2019after posting notice as required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff reports provided by staff prior to taking action on the Application; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Avon Town Council desires to comply with state law, the Avon home rule charter and the ADC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Avon Town Council, or any member of the Avon Town Council, supports, approves, rejects, or denies the proposed Application. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 1 of 25 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 7.04.110 - Transitions to Avon Development Code is amended to represent the elapsed time since the original Chapter 7 was codified, to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: "(a) Purpose. The purpose of this Section is to clarify the status of properties with ponding apph .bons orTeeen+ appfovals, athese tefms are used belew, and ei4ies with outstanding violations, at the time of the adoption of the Development Code. (b) Effective Date. The provisions of the Development Code became effective on November 16, 2010. Development plans approved under previous regulations that received vested property rights by approval of the Town Council by ordinance shall be valid for the duration of that vested property right, provided that all terms and conditions of such vested right approval are followed. Existing legal uses that may become nonconforming by adoption of this Development Code shall become legal nonconforming uses subject to the provisions of this Section. (c) Violations Continue. Any violation of the previous Titles 16, Subdivision, and 17, Zoning, shall continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Chapter. (d) Pr-eliminai-y Subdivision and PUP Appr-evals. Pr-eliminai-y subdivision and pFelimifial:y P! appr-evals granted prior- to the eff-eetive date of the Development Gode shall be eonsidered as appFeved pursuant to the Development Code. Pr-eliminai-y subdivision and PUD appr-ovals gFanted under- the pr-evietis r-egulatiens shall be valid for- twe (2) yeaFs ffem the date of apprevai tin4ess a vested right b a longeperiod was gfanted by the Town Getineil by or-dinanee. Extensions of preliminaiFy stibdivision plats a prelifr,4naf�, PUD plans may be gfanted in aeeer-dafieewith Subseetion 7.16.020(h). Failtife to obtain a final plat or- final plat*ied unit development plan approval in the allowed time shall result in the e"iration of the pr-eliminai:y plan. Appheations for- final subdivision plat and final planned unit develop.--... ,!-- sha4 follow application s4mittal requirements and r-eview preeedefes in this Development Code and shall be subj eet to the standar-ds and review er-itefia in this Development Code, pr-ovided that this DeveloptnepA Code shall not be so applied as to f s f etheF,ixise delay the development or- use of a site speeific develepmei# plan with vested pr-operty rights -as defined and appr-eved by the Town. (e d) Future Subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for resubdivision into smaller tracts, lots or building sites when originally approved shall eomply wito be required to meet all provisions of the Development Code. building(f) Projects With Final Appr-eval. Development pr-ejeets with final appr-eval that are valid on November- 16, 2010, shall r-emainvalid tipAil their- tennination da4e. Pfejeets with valid appfevals or- peffilits may be eempleted in eenfefmanee to the developmei-A standards in effeet at the time of appr-oval. (g) Aetive Building Pennits. Any s i shall be allowed to pr-oeeed to eenstfuetionander- the regulations in place when the buildin pemiit was isstied. If the development for- whieh the building pefffiit is issued pr-ioF to fails to eemply �vith the time fFames for development established for- the e e building pennit, the building pemiit shall expire, and fliture development shall eomply with the r -e Development Code. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 2 of 25 (h) Violations, Enforcement and Penalties. A use, structure or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful and conforming as of the effective date of the Development Code if it conforms to all of the requirements of the Development Code. Payment shall be required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under the Development Code." Section 3. Amendment to Chapter 7.08 - Definitions. The definition of Family is amended and the definition of Retail -Ready and Transparency is added to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: "Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship and not more than one (1) additional person; or (b) Any unrelated group of persons eens�".or subject to the occupancy limitations of two (2) adults per bedroom, for a maximum of eight (8) adults and their children; or (1) additional person, if any; e (c) 3-. Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Retail -Ready means space constructed at a minimum interior height of twelve (12) feet may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail -ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/ commercial uses accordingly. Such considerations for determining if a space is retail -ready include but are not limited to: independent ventilation; a concrete pad above the space; placement of utilities; integrated trash storage facilities; and architectural features including terracing, stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base. Transparency means the use of doors and windows to establish scale, variation, and patterns on building facades to provide visual interest and reflect the uses within the building." Section 4. Amendment to Table 7.16-1- Development Review Procedures and Review Authority is amended to include notice requirements and addition of the Sign Plan process as follows, with stri-ke- eut indicating language to be deleted and underline indicating language to be adopted: Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 3 of 25 Notice Procedure Director PZC TC Requirements* Comprehensive Plan Amendment (§7.16.030) R H -R H -D Code Text Amendment (§7.16.040) R H -R H -D Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 3 of 25 Rezoning (§7.16.050) M R H -R H -D Administrative PUD D A Minor PUD Amendment M R H -R H -D Planned Unit Lot Split PUD Amendment for M_ R H -R H -D Development (§7.16.060) Wildridge PUD Major PUD Amendment M R H -R H -D Preliminary PUD M R H -R H -D Final PUD M R H H -D Administrative Subdivision D A Subdivision (§7.16.070) Minor Subdivision D A Preliminary Plan M R H -R H -D Final Plan M R H -D Minor D or R H -D A Major R H -D A Development Plan (§7.16.080) Major in Town Core R H -R H -D Design Review (§7.16.090) D or R H -R or H -D H -D or A Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 4 of 25 Special Review Use (§7.16.100) M R H-D A Variance (§7.16.110) M R H-D A Alternative Equivalent Compliance (§7.16.120) R R-D or R A or R- D Right-of-way Vacation (§7.16.130) M R H-D Vested Property Right (§7.16.040) M R H-R H-D Location, Character and Extent (§7.16.150) R H-D A Sign Plan (§7.16.160) Minor D or R H-D A Major R H-D A n,,,,exatie (§7.36) R H-R f1$ Appeal (§7.16.16-70) H-D Annexation (§7.36) M R H-R H-D 1041 Permit (§7.40) R H-R H-D Historic and/or Cultural Preservation Designated (§7.50) H-D *All Public Hearings require published notice, per 7.16.020(d) R = Review/Recommendations H = Public Hearing D = Decision A = Appeal M=Mailed Notice Section 5. Amendment to Section 7.16.020 - General procedures and requirements subsection (d) Step 4: Notice (2) Mailed Notice, is amended to read as follows, with strike indicating language to be deleted and underline indicating language to be adopted: "(2) Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant's expense, including a reasonable allocation of labor expense. The Eagle County Assessor's records may be used to determine the addresses of real property owners. The Town shall include a certificate of mailing in Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 5 of 25 the public record. Mailed notice shall be required for annexation, major- subdivision, planned unit develepfneR4, speeial review use, rezoning, fight of way vaeatten, varianee and vested pr-opefty right applications as noted in Table 7.16-1." Section 6. Amendment to Section 7.16.080 — Development plan. subsection (e) Review Authority (2) Minor Development Plan is hereby amended to clarify the appeal process and to enact new Sign Plans to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: "Minor Development Plan. The Director shall review and render decisions on all minor development plan and minor sign plan applications. The decision of the Director may be appealed to the Town Council PAG pursuant to Section 7.16.1670, Appeal. The Director may refer to the PZC any development plan application that the Director determines warrants review by the PZC." Section 7. Amendment to Section 7.16.160 — Appeal. is amended to be the last section of 7.16, to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted. "7.16.170f60 - Appeal." Section 8. Amendment to Section 7.16.170 — Appeal., sub -section (e) Decision. is amended to read as follows, with strike indicating language to be deleted: "The Town Council shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Town Council that results in action modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the modification or reversal. Action of the Town Council shall become final immediately. Failure of the Town Getineil to aetwithin the foi4y(40) additional days shall be deemed aetion b unless the deeision the pli. apA a epAs to ., additional time extensio " Section 9. Amendment to Section 7.16.160 — Sign Code to read as follows, with underline indicating language to be added: "7.16.160 — Sign Plan. The purpose of the sign plan review process is to ensure compliance with the sign standards and provisions of this Development Code It is designed to encourage quality signs reflective of the goals policies and objectives of the Comprehensive Plan. (aa) Applicability. A sign plan shall be required for all new signs and any modification to an existing sign or comprehensive sign pro rg am. (b) Sign Plan Categories. Categories of sign plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Master Sign 1 Program. i Major sign plans include all new master sign programs and modifications to master sign programs that substantially change the location size, or other critical elements of allowed signs on the property. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 6 of 25 ii. Minor Sign Program Plans include modifications to a master sign program that do not substantially change the location, size, or other critical elements of allowed signs on the property, as determined by the director. (2) Minor sign plans include the following: i. New tenant signs. ii. Residential entrance signs and wall signs. iii. All other sign types requiring administrative review. (c) Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. Specific additions and modifications to the general review procedures are identified below. (d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development plan application after conducting a public hearing. Notice of the public hearing shall be published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.170, Appeal. The Director shall not conduct a public hearing for administrative review and decision on development plan applications. (e) Review Authority. The review authority for a development plan application shall be determined by the category. (1) Major Master Sign Plan. The Director shall review and provide a recommendation to the PZC on all major master sign plan applications. The PZC shall render the final decision on a major sign plan. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.170, Appeal. (2) Minor Sign Plan. The Director shall review and render decisions on all minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.170, Appeal. The Director may refer to the PZC any sign plan application that the Director determines warrants review by the PZC. (f) Review Criteria. The following review criteria shall be considered as the basis for a decision on sign plan applications: 1. Evidence of substantial compliance with the purpose of the Sign Code as specified in Section 7.32(A) Sign Code Purposes; 2. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; 3. The nature of adjacent and neighboring improvements; 4. The quality of the materials to be utilized in anyproposed improvement; 5. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property 6. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 7 of 25 7. Whether the tvpe, height, size and/or civantity of signs generally complies with the siQ,n code or sign program, and are appropriate for the project; 8. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. (g) Expiration. A sign plan approval expires pursuant to Subsection 7.16.020(h). (h) Revocation. Approved sign plan documents shall be binding upon the applicants and their successors and assigns. No sign production shall take place that is not in accord with the approved documents or any approved modifications thereto. No other element of approved sign review documents shall be eliminated, altered or provided in another manner unless an amended sign plan is approved. Any deviation from the approved sign plan as approved shall be grounds for revocation of the sign plan approval." Section 10. Amendment to Table 7.20-2 — Dimensions for the Residential Duplex District. is amended to include notice requirements and addition of the Sign Plan process follows, with strike out indicating language to be deleted and underline indicating language to be adopted. Min. Min. Min. i Min. Max. Max. Min. Lot ? Max. Lot Min. Y Max. Densi Size Lot Front Side 1 Rear ; Buildin i Widt Coverag Units/ Landscap Setbac Setbac , Setbac E g j 1 (units/ (acres h e e k k k Height Buildin acre) or sq. ft.) (%) Area (%) g (feet) � � � (feet) (feet) � (feet) � (feet) 44,9911,61 6 sq. ft. 2 7.5 (5-44-5 5808 40 50 25 25 7.5 10 35 principal per [t] unit) [1] Accessory dwelling units are permitted on lots with a single-family structure as a special review use pursuant to Section 7.16. 100, Special Review Use. Section 11. Amendment to Section 7.28.090 — Design Standards. subsection (e) Design Standards for the Wildridge Subdivision (2) Building Height on Steep Slopes is amended to clarify building height regulations in Wildridge to read as follows, with underline indicating language to be adopted: "(2) Building Height on Steep Slopes. Determining building height on steep slopes has frequently resulted in three-story walls on the downhill side that create an overbearing presence on properties below. Therefore, the visual impact of building height and massing on lots with steep slopes shall be reduced by articulating the building facades and creating proportional stories in a multi -story building. (aBuilding height will be reduced for buildings or portions of buildings with flat roofs as follows: (A) Four -to -twelve (4:12) roof slopes or greater: thirty-five (35) feet. (B) Less than a four -to -twelve (4:12) roof slope: thirty (30) feet." Section 12. Amendment to Section 7.28.090 — Design Standards. subsection 69 Single -Family and Duplex Design Standards in all other Subdivisions is amended to include all subdivisions in the standards, including Wildridge, to read as follows, with str-ilie-out indicating language to be deleted: (f) Single -Family and Duplex Design Standards i Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 8 of 25 Section 13. Amendment to Section 7.28.090 Design Standards. subsection (j) Mixed -Use and Nonresidential Design Standards subsection (4) Building Layout and Design (iv) Mixed -Use Buildings in Town Core is amended to require more form -based development to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: "To encourage appropriate commercial and mixed-use development in the Town Core, any all portions of a new mixed -used building with street frontage floor area located on E. Beaver Creek Boulevard, Lettuce Shed Lane, Benchmark Road or Main Street must be determined to be retail-rea L-eeeupied by retail, personal sen4ee and r-estaufapA uses, as listed in Table 7.24 1. All ground floor- eenuaer-eial spaee must at least twelve (12) feet in height as fneasufed fFem finished fleer- elevation to finished eeiling.-" Section 14. Adoption of the Sin Code as Section 7.34 added to read as follows, with underline indicating language to be adopted (a) "Statement of Purpose The purpose of this Sign Code is to: (1) Coordinate the type, placement, and physical dimensions of signs. (2) Preserve the right of constitutionally protected free expression, which may be displayed on signs. (3) Encourage the innovative use of design (4) Promote high quality and weather resistant signs that are properly maintained over time and renovated when necessary. (5) Maintain the mountain town character of the community through the use of signs that are aesthetically pleasing, of appropriate scale, and harmonious with the built scale. (6) Guarantee equal treatment through accurate record keeping and fair and consistent enforcement. (7) Provide a reasonable balance between the right of an individual to identify a business or express a message, and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices. (8) Permit signage that advances and conforms with the policies of the Comprehensive Plan. (b) Definitions. As used in this Chapter, the following terms shall have the meanings indicated: Ag��re atg�e sign area means the total sum of the area of all signs on the building or property, except those signs that are exempt from the review requirements of this Chapter. Animated sign means signs that use movement or change of lightingto o depict action or create a special effect or scene. Awning sign means a sign painted on, printed on, or attached flat against the surface of a shelter, which projects from and is supported by the exterior wall of a building, and which is constructed of non- rigid materials. Banner means a sign made of fabric or any non -rigid material, typically having no enclosing or supporting framework. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 9 of 25 Building Facade means the entire outer surface of an exterior wall of a building, including windows and parapets. Building front means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a primary entrance to the building. For the purposes of this Chapter, a building shall be considered to have up to two (2) building fronts as the property upon which it is situated has lot fronts. Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet. Canopv sign means a sign that is mounted on a permanently roofed shelter covering a sidewalk, building entrance or other similar area, which shelter may be wholly or partially supported by a building, columns, poles, or braces extended from the ground. Changeable copy sign means a sign on which the copy can be changed manually, or by electronic or mechanical devices, such as electrical or electronic time and temperature units, or digital displays. Changeable copy signs shall be classified as permanent si ss. Clearance Lf a sign) means the smallest vertical distance between the grade of the adjacent street or sidewalk, and the lowest point of any sign, including framework and embellishments, extending over the grade. Community Development Department means that department designated by the Town Council responsible for approving applications for sign installations and who is responsible for enforcement of the provisions of this Chapter. Construction sign means a temporary sign located on a parcel of property, on which construction activities of any type are being actively_ performed. Copy means the wordingon n a sign surface in either permanent or removable letter form. Digital Display or Electronic Message Center means a sign that contains changing messages or images composed of electronically illuminated segments and/or a series ofirg d lights, including cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology. Directional/informational sign means a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot. Double-faced sign means a sign with two (2) faces, if not parallel then with an interior angle of not greater than ninety degrees90°2 Drive-through sign means a permanent sign located along a drive-through lane. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 10 of 25 Event sign means a temporary sign allowed as part of an approved event permit, on a parcel subject to the terms of such event permit. Exempt sign means a sign expressly designated as exempt from the sign approval requirements under this Chapter. Flag means any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. Flashinysign means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs or signs that, through reflection or other means, create an illusion of flashing or intermittent light. Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from the ground and detached from a building. The term includes pole sign, pedestal sign, monument sign, and ground sign. Government sign means a sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. Height (of a sign) means the vertical distance measured from the existing grade (at the time of sign application) below the sign to the uppermost point of the sign or sign structure, whichever is higher. Illegal sign means a sign which does not meet the requirements of this Code, and which has not been designated as "legally nonconforming". Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminatingthe he si rg_i. Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians passing alongthe he adjacent sidewalk. Legal Nonconforminiz sign means a nonconforming sign designated as "legally nonconforming" under Section (K) of this Chapter. Maintenance means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design, location, or structure of the sign. Marquee means a permanent roof -like structure or canopygid materials supported by, and extending from, the facade of a building. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 11 of 25 Marquee sign means any sign attached to or supported by a marquee structure. Master Sign program means a comprehensive, narrative description of allowed sign types, and scaled drawings of any building lot parcel, collection of parcels or other premises, showing the number, size description color, materials and location of all signs thereon. It is used to create standard sign design guidelines for projects with multiple buildings or tenants. Multi -faced means any sign having more than two (2) faces. Multiple business building means a building designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own entrance, either exterior or interior. Off -premises sign means a commercial sign that does not pertain to the use of the premises on which it is located. On premises sign means a sign that pertains to the use of the premises on which it is located Owner means the owner of the property on which a sign is located. The property owner is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Community Development Department. Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall. Permanent sign means any sign that is permanently affixed or attached to the ground or to any structure. Portable sign means any sign designed to be moved easily, and not permanently affixed to the ground or to a structure or building. Private warning sign means an owner -erected sigdesigned to warn others of specific dangers or prohibitions on the property. Project development sign means a temporary sign located at the site of a development project that has received Development Plan approval from the Town. Projectingsign means a sign other than a wall sign, which is attached to and projects perpendicularly from a building wall a distance of twelve (12) inches or more, or is attached to any other structure in like manner, which structure was not designed for the sole support of the sign. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchli hg t, Day-Glo, glass beads and luminous paint. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 12 of 25 Roof sign means a sign that is erected upon, over, or on top of any portion of the roof of a building. Rotating sign means a sign in which the sign itself, or any portion of the sign, moves in a revolving manner. Such motion does not refer to methods of changing copy. Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting; also knows as `A -frame sign'. Sign means anyobject, device, display, structure, or fixture involving graphics, colors, symbols, written copy, or illumination designed for the purpose of advertising, identifying, or providing information about an establishment, a business, a service, an activity, or an organization. Sign, area of means the entire surface area of a sign, as determined by the Town, including its facing, copy, symbols, electronic displays, background, and borders, but not including the supporting structure or decorative roofing= provided that there is no written copy on such structures. Sign backing, means an�sign that is displayed upon, against, or through any material, color surface, or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure, or similar character, orrg_ow thereof, that is neither backed by, incorporated in, nor otherwise made a part of any larger display area. Sign structure means any structure that supports, has supported, or is capable of supporting a sign. Single business building means a structure or lot containing one (1) business or several related businesses under any form of ownership. If two (2) or more businesses are located in a structure or on a_lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of this Article. Snipe sign means a sign or poster affixed to a tree, fence or any object within a public street or rit-of- way. Statuary sign means any sign that is a three-dimensional, sculptured, or molded representation of an animate or inanimate object. Temporary sign means a sign or display that is designed for short-term use, and that is not intended to be permanently attached to a building wall or permanently installed in the ground. Temporar Sim are signs allowed for a limited time under this Article. Under canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee. Vehicular sign means a sign directly placed, affixed, or painted on a motor vehicle or trailer. Walking sign means a commercial sign that is, or is intended to be, held by, attached, or affixed on a person. Wall sign means a sign attached parallel to and extending not more than twelve (12) inches from the wall of a building. This definition includes painted, individual letter, cabinet situs, and signs on a marquee or canopy. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 13 of 25 Wind -driven sign means a sign consisting of one (1) or a series of two (2) or more banners, flags pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze. Window sign means a sign applied, attached to a window or door, or located within thirty-six (36) inches of the interior surface of a window that is visible and/or legible from the outside. (c) Sign Area Calculation. (1) Measuring Sign Area. When the surface area of a sign consists of a conventional geometric shape, such as a rectangle or an oval, the accepted mathematical formula for calculating area shall be used in determiningthe he si n (2) Irregular Geometric Shapes. If a sign consists of a geometric shape without an accepted mathematical formula for calculating area, the sign area shall be calculated by enclosing the sign within a rectangle or the closest conventional geometric shape, with a maximum of three (3) enclosing shapes. (3) Projecting and Freestanding signs. The area of such signs shall have only one (1) face (the larger one) counted of each double-faced sign in calculating the area, provided that any one (1) interior angle formed by of the sign faces does not exceed ninet�de degrees (90'). The sib of a multi -faced sign shall be calculated by adding the area of all sign faces excepting one (1 the area of the sign faces differs, the smallest sign face will be the one excluded from the calculation. The area shall be the sum of the areas of each module or cabinet, including any framing, trim, or molding. (4) Individual Letters or Symbols. If a sign is composed of individual letters or symbols using the wall as the backmound and (signs without backing), the sign area shall be calculated by enclosing each word and/or symbol within a rectangle, or the closest conventional geometric shape, with a maximum of three (3) enclosing shapes. The combined area of the shapes shall be considered the total si,m area. (d) Permitted Signs Generally, The following signs are permitted subject to obtainingtquired sign plan approvals, unless it is specifically stated below that the sign is exempt from review requirements: (1) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet (exempt). (2) Construction Signs, which must be removed on or before the date of issuance of a certificate of occupancy for the project (exempt). (3) Directional/informational signs of six (6) square feet or less each or as indicated on an approved Master Sign Program (exempt). (4) Event signs, .part of an approved event permit. (5) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty-five (35) feet in all zone districts except residential zones, in which the maximum height shall be twenty- five (25) feet (exempt). A maximum of two (2) flags per property. (6) Freestanding signs. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 14 of 25 (7) Government signs (exempt). (8) Gravestones (exempt). (9) Holiday displays and decorations (exempt). (10) Private warning signs (exempt). (11) Signs showing underground or public utilities (exempt). (12) Wall Signs. (13) Window Signs (exempt). (14) Required street address signs6) square feet and smaller are exempt from the aggregate sign area. (15) Project development signs: The sign administrator may issue approval for a development sign meeting these criteria: i. Not exceed an aggregate of sixteen (16)square feet and eight (8) feet in height. ii. Not exceed two (2) signs per development project. iii. Shall be removed if a construction sign is erected or if the project is no longer in the planning approval process. iv. In no case shall a sign be retained for more than two (2) years. (e) General requirements. (1) No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractor license issued by the Town. (2) Maintenance, installation, and placement standards. i. All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the Town, its officers, agents, and emplo e�gainst any and all claims of negligence resulting from such work insofar as the Chapter has not specifically directed the placement of a sign. ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and placement of signs on a building shall comply with the adopted International Building (IBC) Codes and local amendments. iii. Wall signs, marquee signs, and canopy signs may be placed on any wall as appropriate. In no case, other than as part of an approved Master Sign Program, shall any more than two (2) wall -mounted signs be placed on any one (1) building facade. Wall signs may not interrupt any architectural feature. iv. Signs are not subiect to the setback requirements of the zone district where thev are located provided that no sign, or part of the sign, shall project beyond a property line. No freestanding sign may be located where it impairs the visibility for motor vehicles. A sight triangle shall be established in which no sign is erected in a manner that limits or obstructs the sight distance of motorists. Adjacent parcel owners may request to erect a common sign structure on their common lot lines if written agreement is presented as evidence to the Town, Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 15 of 25 and the Town further agrees to such plan. No sign shall interfere with or obstruct sidewalks, multi -use trails, utilities, snow storage areas, or drainage facilities. Projecting signs shall not project over six (6) feet from the face of the building Vi. All signs shall be properly maintained. Exposed surfaces shall be clean and painted as paint is required. Defective parts shall be replaced. Faded plastics shall be replaced. The sign code administrator shall have the authority to order repairs or repainting as necessary. vii. Permanent signs and sign structures shall be constructed by professional sign manufacturer or be of similar professional quality. Metal sign components shall be noncorrosive or coated with suitable paint to prevent corrosion. Permanent signs shall be fabricated on materials that are of good quality, durable, and weather- resistant. viii. Temporary signs shall be durable, weather -resistant, and fastened or anchored adequately. Temporary signs employing plywood as a substrate shall be of medium -density overlay plywood and shall show no signs of cracking or peeling on the painted surfaces. Lightweight fabrics or similar materials shall be mounted securelyto surface. ix. A freestanding sign erected at the edge of a parking area or adjacent to a traffic lane shall have a barrier at the base to prevent collision between motor vehicles and the sign. X. No wall -mounted, projecting, marquee, awning, or canopy sign shall be located above the ceiling of the second story of a building. xi. Signs shall be readable, with letters large enough to be legible, and with adequate contrast between the letters and the background. (3) Sign Materials. Signs shall use quality materials, including but not limited to natural stone, anodized metal, routed or sandblasted wood, such as rough cedar or redwood; interior -lit, individual Plexiglas -faced letters, or three-dimensional individual letters with or without indirect lighting. (4) Landscaping. Landscapin is 's required for all freestanding signs, and should be designed to enhance the signage and surrounding building landscaping (5) Lighting. Lighting shall be of no greater wattage than is necessary to make the sign visible at night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed in such a manner that direct light does not shine in a disturbing manner. Internally signs shall not be illuminated when the business is closed. (6) Location. On multi -story buildings, individual business signs shall be limited to the ground level. (7) Vehicular signs. Vehicular signs are exempt from review and are allowed if all of the following criteria are satisfied: The vehicle is operable and has a current valid registration; Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 16 of 25 ii. The sign is permanently or directlyqpphed to the vehicle itself; iii. Vehicles with signs permanently or directly pplied must be normally and regularly used for the transport of persons, goods or services, or be in the service of a municipal, county, state, or federal agency; and iv. Vehicles with signs must be parked or stored in areas designated for parking or vehicle storage, and must not obstruct site circulation. (8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto - oriented electronic messages, images, and/or changeable copy signs are permitted along arterial streets, provided that they meet the following criteria: i. Such signs shall be equipped with automatic dimmers, which shall be programmed to not exceed three tenths (.3) footcandles over ambient light levels. ii. Signs shall not cause distractions to drivers with moving images or similar effects. (9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone district, subject to the following regulations: i. Interactive storefronts must be designed, installed, and maintained to function as a computer-generated interactive display that responds to the physical activity of engaged pedestrians passing along the adjacent sidewalk. ii. Signs shall be placed on the interior of a pedestrian oriented display window. iii. Messages displayed on interactive storefronts must be oriented towards pedestrians, and not passing motorists. iv. Interactive storefront signs count towards the calculation of maximum allowable window display area, Section (g)(3)(iii). V. The dimensional maximum of an interactive sign is three square feet or a 28 -inch monitor. (f) Regulations in Residential Zoned Districts. (1) Residential project entrance signs. Residential project entrance signs are permitted as follows: One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32)square feet in area and eight (88) feet in height, ii. One 1) sign per secondary entrance, not to exceed sixteen (16)square feet in area and eight (8) feet in height. iii. One (1) wall sign is permitted per street frontage in the RH district. Total aggregate signn area of wall signs for shall not exceed twelve (12) square feet per front, or twenty-four (24) square feet per development. (2) One (1) construction sign shall be permitted for singley and duplex residences not to exceed six (6) square feet. Multi -family developments shall be permitted a maximum of two (2) construction signs per development site, not to exceed an aggregate sign area of twelve (12) square feet. (3) Each property shall be allowed an additional aggregate to sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced b s�parcel's listing in a multiple listing service or other real estate listing service. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 17 of 25 (g) Regulations in Mixed-use and Commercial Lots. (1) Individual business lot sign. Sign or signs shall not exceed one (1)square foot of sign area per lineal foot of building front. (2) Multiple business lot signs. Total sign area shall not exceed one (1) square foot per lineal foot of building front for the first thirty-two (32) feet and one-third (1/3) square foot per lineal foot of building front in excess of thirty-two (32)square feet. Total building or project identification sign area shall not exceed a maximum of sixty-four (64) square feet per lot front. (3) Generallygp_plicable sign requirements i. Multiple sip -ns. More than one (1) sien is be permitted, provided the total sign area does not exceed the total allowed for the lot or building. ii. Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, a maximum of four (4) signs per property at any one time, and a time period not to exceed forty-five (45) dqys per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service. iii. Window Signs shall not exceed twenty-five (25%) of the area of the window onto which they are attached. All window signs must be on the interior surface of the window. Window signs are exempt from the approval requirements, and do not count towards the aggregate sign area. iv. A maximum of two (2) construction signs shall be permitted for each construction project not to exceed an aggregate sign area of sixteen (16) square feet. V. Portable sandwich board signs are permitted only in the Town Core, provided that all of the following criteria are met: (A) Sandwich board signs must have a well-maintained appearance, and shall not exceed three (3) feet in width or three (3) feet in height. (B) Only one (1) sandwich board sign is permitted per business or organization. (C) Sandwich board signs must be located within five (5) feet of the building entrance, or the building area occupied by the entity posting the sandwich board sign. (D) Sandwich board signs shall only be posted during business hours, or the operating hours of the entity postingthe he sign. (E) Sandwich board signs shall not obstruct pedestrian walkways or parking areas, and shall not result in non-compliance with the Americans with Disabilities Act (ADA). (h) Master Sign Programs. (1) The purpose of a Master Sign Program is to establish a common theme amongst signs on a building or development project to create visual harmony between the signs, and other design elements on the property. (2) Master Sign Programs are encouraged for all properties and are required as a part of the design review process for all proposed projects. The owner, builder, or developer of a building designed for single use shall present to the Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 18 of 25 Community Development Department a Master Sign Program showing_ proposed locations of all signs. ii. Multi -business buildings. The owner, builder, or developer of a building designed for occupation by two (2) or more businesses under separate ownership shall present to the Community Development Department a Master Sign Program showing proposed sign locations, types, and methods of allocating sign area allowances to tenants' use. (3) Master Sign Programs shall be in accordance with: The Master Sign Program will demonstrate coordinated signage by maintaining a certain uniformity of appearance through the consistent application of three (3) out of the six (6) following elements: color, size, shape, materials, mounting, or lighting. All proposed locations of freestanding signs and building directories shall be shown. ii. Master Sign Program changes or proposals may not be made without HOA or owner !qpproval. iii. All Master Sign Programs shall be in written and plan form. (A) Program Statement shall include: height off the ground, the locations, types, (freestanding, projecting, etc.) illumination, sizes (square footage) of each sign according to the corresponding building face, and any additional information as determined by the sign administrator. (B) Drawn plans shall include: (1) Site plan showing dimensions, colors, materials, copy, illumination, and required landscaping for all freestanding signs. (2) Program elevation showing locations, overall and letter/figure dimensions, colors, materials, proposed copy, illumination, and anchorins of each sien on the building. (3) Perspective, Sketch -up, or other type of rendering. (4) Any additional information as determined by the sign code administrator. iv. Master Sign Programs may include sign examples with wording, colors, materials, etc. to further define the program requirements. V. Master SignPrograms may include limitations on wording, colors, design_ lighting, materials, and other restrictions. vi. Proposed signs, not in accordance with the property' approved Master Sign Program, will only be considered by the Planning and Zoning Commission upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners' association. Non -complying signs must: (A) Demonstrate compliance with purpose statements of this Chapter; and (B) Be found to enhance andeg nay modernize the site. (i) Prohibited signs. The following signs, unless otherwise stated herein, are prohibited: Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 19 of 25 (1) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person. (2) Sims imitating or resembling official traffic or government signs or signals, or signs creating an unsafe distraction for motor vehicle operators. (3) Sims that are in disrgpair, damaged, dilapidated, inadequately maintained, or components of signs which do not function as intended — as determined by the sign code administrator. (4) Moving, animated, revolving, rotating, or reflective signs. (5) Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking area service drive private driveway, alley, or other thoroughfare; or which obstruct free ingress to or egress from a required entrance or exit way. (6) Nonconforming Signs, except legal nonconforming signs. (7) Neon, other gas-filled, or LED light tubes. (8) Banners, except as described below: i. Temporary banners as allowed as part of an approved event permit. ii. Temporary banners allowed under the following procedure: the owner or operator of a business or organization may apply to the Town for a temporary banner for display up to thirteen (13) weeks per calendar year, for two (2) week intervals. Maximum banner size is thirty-two (32) square feet. Banners shall be in good condition, without rips or tears, and all corners shall be attached to a building or a projection of a building. A business or organization may hang no more than one (1) banner at a time. (9) Signs erected on public rights-of-way, except government signs. (10)Wind-driven signs, air -activated graphics, or inflatable signs. (11)Signs that utilize or incorporate searchlights. (12)Signs mounted on the roof of a building, above canopies or eaves, or extending above the uppermost edge of a parapet wall. (13)Walking signs, human signs, signs incorporating live animals, or sign spinners. (14)Signs with auditory messages or sounds. (15)Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches, streetlights, or placed on any public propertypublic right-of-way. (16)Portable wheeled signsportable message center signs. (17)Billboards or Off Premises signs. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 20 of 25 (18)Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape. (19)StatuM signs, except those proposed as part of a building sign, and whose area does not exceed fifty percent (50%) of the area of the sign. (20)Projected image signs or signs with projected copy. (21)Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or yM i color. (22)Freestanding signs supported by a singular pole or post. (23)Under-canopyohanging signs that extend beyond the edge of the canopy or roof from which they are suspended. (24)Back-lit awning signs. (25)Intemally illuminated cabinet signsprohibited except for those which use a non-opaque material and punch -through letters so only the letters are illuminated. Not Allowed 0) Safety standards. Allowed (1) Freestanding or projecting signs and sign structures shall be engineered to withstand the minimum wind and snow load requirements of the adopted building codes. A building permit and associated engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted for signs over ten (10) feet in height and/or fortv (40) sauare feet in area. (2) Signs in danger of falling down, or which become insecure, or otherwise represent an unsafe condition shall constitute a violation under the provisions of this Chapter, and shall be removed or corrected by the sign owner. (3) Electrical wiring for energizing an electrical sign shall be underground in the case of freestanding and behind the sign cabinet in the case of wall or projectingsigns. (4) All freestanding signs shall be self-supporting, erected on or permanently attached to a concrete foundation. Signs mounted on marquees or projecting signs shall be engineered such that no guy wires are needed for support, other than the sign structure itself. Wall signs shall be mounted on the wall of the building. Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 21 of 25 (5) Anchors and supports shall be guarded and protected when near driveways, parking lots, or similar locations where they could be damaged by moving vehicles. Signs attached to masonry concrete, or steel shall be safely and securely fastened thereto by means of metal anchors bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall. (k) Legal nonconforming signs. (1) An existing sign which does not conform to the provisions of this Chapter may be eligible for the designation of legal nonconforming, provided that the sign code administrator determines that such sign is properly maintained according to all applicable legal requirements, does not in any wayendanger the public, and was covered by a valid permit or variance or complied with all previously pplicable laws. (2) A sign 1 may lose this designation if the sign is relocated or replaced, or the structure or size of the sign is altered in any way, other than normal maintenance. If the sign suffers more than fifty percent (50%)appraised damage or deterioration from fire, wind or other cause except vandalism it must be brought into compliance with this Chapter. If the sign is remodeled, moved or copy or text is changed under new ownership, or was never erected in accordance with any code in force at the time, the sign shall be removed or brought into compliance with this Chapter. (3) The Town Council may condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning and Zoning Commission; (4) By amortization. The right to continue to use or operate a nonconforming sign shall terminate five (5) years after the effective date of the ordinance codified in this Chapter or the annexation of the area in which the sign is located to the Town." Section 15. Amendment to Section 9.04.050 — Restrictions on uses and activities. is amended to read as follows, with underline indicating language to be adopted: "Motorized vehicles. No person shall drive, ride or operate at any time any motorized vehicle or motorized device of any type within any park or special event area except upon public roadways or designated parking areas running through or adjoining any park or special event area. This prohibition shall not apply to Town -owned vehicles, motorized wheelchairs, Class 1 or Class 2 electronic assisted bicycles as defined in chapter 10.08.010, or mobility devices for disabled persons. All persons operating a motorized vehicle or device within a park or special event area shall obey all traffic control signs." Section 16. Amendment to Section 10.08.010 — Definitions. is amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: "For the purposes of this Chapter, the words and phrases set forth in this Section shall have the following meanings: Electronic Assisted Bicycle means a vehicle having three wheels or less, fully perable pedals, and an electrical motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of three classes as follows: Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 22 of 25 A. "Class 1 electrical assisted bicvcle" means an electrical assisted bicvcle eauipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicvcle reaches a speed of twenty (20) miles per hour. C. "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. Motorized vehicle means any device, except for electrical assisted bicycles, which by means of any motor or engine, whether assisted by human effort or not, operates or is capable of being operated in such a manner as to propel itself and/or its operator across or upon land, water, ice or snow, and includes, but is not limited to: all trucks, vans, automobiles, cars, dune buggies, motorcycles, motorscooters, mopeds, snowmobiles, boats, jet -skis, airboats or hydrofoils. Restricted use area means all land and property, however owned, for which persons cited under the terms and provisions of this Chapter have not received permission from the owner or agent for the owner of said property, to engage in the act or acts for which said person was cited, and such permission, in order to constitute a defense to said citation, must have been given prior to the date on which such property owner or agent complained of such acts. Further, all property belonging to the Town shall also be considered restricted use area and all land zoned OLD, PRIW, SP or-GPE14 according to the official zone district map of the Town, regardless of ownership, shall be considered restricted use area. Roads, streets, alleys, highways, parking lots and parking structures, regardless of ownership, shall not be considered restricted use area." Section 17. Amendment to Section 10.08.020. — Prohibited Acts. is amended to read as follows, with underline indicating language to be adopted: "No person shall park, drive, pilot or in any manner operate any motorized vehicle, as defined in Section 10.08.010, upon or across any restricted use area within the Town. Neither shall any person be a passenger upon, on or in any motorized vehicle or upon, on or in any conveyance parked, drawn, pulled, pushed or otherwise propelled by any motorized vehicle within the Town. Bicycle and Pedestrian Paths: A person may operate a Class 1 or Class 2 electrical assisted bicvcle, with the motor activated, on any bicvcle and pedestrian path in the Town other than a bicycle and pedestrian path, in any of the prohibited areas set forth below. Class 3 electrical assisted bicycles are prohibited on all bicycle and pedestrian paths. Prohibited Areas: It is unlawful for a person to operate any class of electrical assisted bicycle with the motor activated in or on the following: 1. Children's plgygrounds; 2. Turf areas or soft -surface trails; 3. Natural/unimproved areas; 4. Sidewalks that are not part of a designated recreation trail for both bicycle and pedestrian use, or 5. West Avon Preserve" Section 18. Amendment to Section 10.32.060 — Motorized bicycles. is amended to read as follows, with stere -out indicating language to be deleted and underline indicating language to be adopted: "10.32.060 - Mopeds"'�zedbiey", Ord. 18-19 — Amending Avon Municipal Code SECOND READING — January 22, 2019 Page 23 of 25 An operator of a moped m^*^rized b eyele shall possess a valid driver's license. Mopeds metered bids may be operated in bicycle lanes included within roadways. No moped meterized b e ele may be operated on any sidewalk, pathway or upon any public lands unless such operation is specifically designated." Section 19. Section 15.28 - Sign Code. This Chapter is hereby repealed in its entirety and removed from Chapter 15: Buildings and Construction. Section 20. Amendment to Section 15.30.010 - Intent and Purpose. is amended to read as follows, with strike out indicating language to be deleted: "(e) In order- to detefmine the effeetiveness of this Chapter-, staff shall develop and implemen4 the "Avo Dark Sky Pr-esen,atiea Lnifiative" pregfam to ineasure ebsei=vable lumen eettpAs at fixed points on th valley fleen Baseline monitoring shall take plaee on an annual basis, and five (5) year -s after- the implementation of the or-dinanee eedified herein, the findings shall be presented to the Plafming and - Zoning Commission and the Town Gooneil to deteFmine whether- or- not the ipAePA and goals of this - Section 21. Amendment to Section 15.30.030 - Applicability. is amended to read as follows, with strike -out indicating language to be deleted: "The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All exterior lighting installed after the effective date of the ordinance codified herein shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of the ordinance codified herein shall be 1...^, ght into eenf furan conform with this Chapter. With:., five (" years ffem the date of adeption of the oFdinanee eedified hefeift, Of by November- , Section 22. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 23. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 25. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of Ord. 18-19 - Amending Avon Municipal Code SECOND READING - January 22, 2019 Page 24 of 25 health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 26. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 13, 2018 and setting such public hearing for January 8, 2019, and January 22, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. B ATTEST: f s E A SaraK Smith Hymes, Mayo Brenda Torres, Deputy Town Clerk cU i�RAD ADOPTED ON SECOND AND FINAL READING on January 22, 2019. Y. ATTEST: C'SE � f� f'►�/SSarah Smith Hymes, a or Bren a Torres, Deputy Town ClAS TO FO441 Erico.H ' n A-tfb<ey Ord. 18-19 - Amending Avon Municipal Code SECOND READING - January 22, 2019 Page 25 of 25