TC Ord. No. 21-09 Approving Code Text Amendments to Chapter 7A
Avon
COLORADO
ORDINANCE NO.21-09
APPROVING CODE TEXT AMENDMENTS TO CHAPTER 7 OF THE AVON
MUNICIPAL CODE
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Town Council initiated a code text amendment application for changes to sections
of Chapter 7 including: Violations - §7.04.160; Development Review Procedures and Review
Authority - Table 7.16-1; General procedures and requirements - §7.16.020(c)(2); Design
Review and Development Plan - §7.16.080 and §7.16.090; Review Procedures - §7.16.150;
Dimensions for the Town Center District - Table 7.20-9; Public Facilities (PF)- §7.20.080(e);
Light Industrial and Commercial Employment District - Table §7.20-13; Employee housing
mitigation - §7.20.100; Restaurant - §7.24.060(g)(1); Off -Street Parking - Table §7.28-2; Electric
Vehicle Parking - §7.28.020(g)(iv); Alternate Screening - 7.28.060(d)(4); Fence Design
Standards - §7.28.080(b); Exterior Lighting - §7.28.090(c)(6); Definitions - §7.34.010(b);
Permitted Signs Generally - §7.34.010(d); Lighting - §7.34.010(e)(5); Master Sign Programs -
§7.34.010(h)(2); Prohibited signs - §7.34.010(i); and
WHEREAS, the code text amendments are in conformance with Avon Comprehensive Plan
Goals A.1 and 3.4, and Policies F.1.8 and G.3.2; and
WHEREAS, the code text amendments will help implement the Avon Community Housing
Plan; and
WHEREAS, the Town Council finds that the code text amendments will promote the health,
safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
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.
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 1 of 17
Section 2. Amendment to Chanter 7.04.160 - Violations. Chapter 7.04.160 is hereby
amended to read as follows with str-ilre out indicating language to be deleted and underline
indicating language to be adopted:
(c) Transfer or Sale of Interest Prior to Final Subdivision Approval. It is unlawful for any
person to transfer or sell or agree to sell any lot, tract, parcel, site, separate interest (including
a leasehold interest), condominium interest, timeshare estate or any other division within a
subdivision within the Town until such subdivision has been approved in writing by the
Town Council and a plat thereof recorded in the office of the Eagle County Clerk and
Recorder. A written agreement to sell a condominium unit prior to final subdivision approval
shall not constitute a violation of this Section if. the written agreement is expressly
conditioned upon approval of the Town Council of the final subdivision plat and all related
documents, the preliminary plan has been approved by the Town Council, the building or
property to be subdivided has received design Feview development plan approval (if
applicable), the written agreement provides that the prospective buyer or purchaser is entitled
to terminate the written agreement and is entitled to receive the full amount of any monies
deposited and the form of the written agreement has received approval by the Town Attorney
prior to using the form of such written agreement with a prospective purchaser or buyer.
Section 3. Amendment to Table 7.16-1 - Development Review Procedures and Review
Authority. Table 7.16-1 is hereby amended to read as follows with strike u indicating
language to be deleted:
Procedure
Notice
Director
PZC
TC
Requirements*
Comprehensive Plan Amendment
R
H-R
H-D
(§7.16.030)
Code Text Amendment (§7.16.040)
R
H-R
H-D
Rezoning (§7.16.050)
M
R
H-R
H-D
Planned Unit
Administrative PUD
D
A
Development
Minor PUD
M
R
H-R
H-D
(§7.16.060)
Amendment
Lot Split PUD
M
R
H-R
H-D
Amendment for
Wildridge PUD
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 2 of 17
Major PUD
Amendment
M
R
H-R
H-D
Preliminary PUD
M
R
H-R
H-D
Final PUD
M
R
H
H-D
Subdivision
(§7.16.070)
Administrative
Subdivision
D
A
Minor Subdivision
D
A
Preliminary Plan
M
R
H-R
H-D
Final Plan
M
R
H-D
Development
Plan
(§7.16.080)
Minor
D or R
H-D
A
Major
R
H-D
A
Major in Town Core
R
H-R
H-D
Design Review �-". 0404
P OF
14 R of
14 D i
of
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
Appeal (§7.16.160)
H-D
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 3 of 17
Annexation (§7.36)
M
R
H-R
H-D
1041 Permit (§7.40)
R
H-R
I I-D
Historic and/or Cultural Preservation
Designated (§7.50)
H-D
Section 4. Amendment to Chapter 7.16.020(c)(2) — General procedures and
requirements. ..
Chapter 7.16.020(c)(2) is hereby amended to read as follows with st.out
indicating language to be deleted:
Referral to Other Agencies. Development applications may be referred to other agencies for
review and comment. The Director shall attempt to identify appropriate referral agencies and
shall consider the comments from referral agencies as part of the staff review and report. The
Planning and Zoning Commission and Town Council may determine that referral of a
development application to an agency for review and comment is appropriate where such
referral agencies may provide comments relevant to evaluating the development application
for compliance with the review criteria. Referral of development applications to other
agencies shall provide a minimum time frame for review and comment of fourteen (14) days
for development plans, designew, variances, amendments to text of the Development
Code and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned
unit development, planned unit development amendments, rezoning and 1041 permits;
however, the time frame for review and comment may be extended if the development
application presents technical issues which require additional review, if additional
information is provided by the applicant or the application is modified. Referral agencies
may include, but are not limited to:
Section 5. Amendment to Chapter 7.16.080 - Development plan. Chapter 7.16.080 is
hereby amended to read as follows with stFike on indicating language to be deleted and
underline indicating language to be adopted:
..
►7is�d�
(a) Purpose. The general purpose of the development plan review process is to ensure
compliance with the development and design standards of the Development Code prior to
the issuance of a building permit or concurrent with other required permits and to
encourage quality development reflective of the goals and objectives of the Avon
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 4 of 17
Comprehensive Plan. Specific purposes of development plan review include, but are not
limited to the following:
(1) To prevent excessive or unsightly grading of property that could cause disruption of
natural watercourses or scar natural landforms;
(2) To ensure that the location and configuration of structures, including signs
signage, are visually harmonious with their sites and with surrounding sites and
structures and that there shall be conformance to the Comprehensive Plan of the Town,
(3) To ensure that the architectural design of structures and their materials and colors are
visually harmonious with the Town's overall appearance, with natural and existing
landforms and with officially pproved development plans, if any, for the areas in
which the structures are proposed to be located; and
(4) To ensure that plans for the landscaping of propegy and open spaces conform with
adopted rules and regulations and to provide visually pleasingsettings ettings for structures on
the same site and on adjoining and nearby sites.
(ab) Applicability. A development plan shall be required for all new development and any
modification to an existing development or development plan.
(bc) Development Plan Categories. Categories of development plans are established and
defined as follows for the purpose of determining the appropriate development plan review
procedure:
(1) Major Development Plan. Major development plans include all new building
construction over six hundred (600) square feet;
(2) Minor Development Plan. Minor development plans include the following:
(i) All new building construction six hundred (600) square feet or less;
(ii) Modifications to Dumpster locations;
(iii) Screen wall modifications;
(iv) Landscape modifications, including but not limited to removal of existing
vegetation and addition of new vegetation;
(v) Deck modifications, including but not limited to additions, new construction and
materials or color modifications;
(vi) Mechanical equipment modifications;
(vii) Modifications to the exterior of an existing building, including but not limited to
windows, doors, minor architectural details, colors and materials;
(viii) Modifications to approved development plans which result in a ten -percent or
less increase to lot coverage; ten -percent or less increase to building height; ten -
percent or less increase to the amount of square footage of a land use or structure
and does not result in a change in the types of uses in the project;
(ix) Modifications to approved development plans which do not change the character
of the approved design; and
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 5 of 17
(x) Other similar changes to a structure or property that do not significantly impact
the site layout or design of a building.
(ed) Review Procedures. The general review procedures described in Section 7.16.020,
General procedures and requirements, shall apply to development plan applications. A11
review.develapmepA plan applieations shall also eemply with the proeedur-es listed in Seetion
7.16.090, Design Specific additions and modifications to the general review
procedures are identified below.
(de) Notice and Hearing. PZC shall review and render a decision or recommendation on the
development plan application after conducting a public hearing. Town Council shall conduct
a public hearing when reviewing a Development Plan applicable in the Town Core. 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 7.16.160, Appeal. The Director shall not conduct a
public hearing for administrative review and decision on development plan applications.
(e fl Review Authority. The review authority for a development plan application shall be
determined by the subdivision category.
(1) Major Development Plan. The Director shall review and provide a recommendation to
the PZC on all major development plan applications. The PZC shall render the final
decision on a major development plan, unless the application is located within the Town
Core. The decision of the PZC may be appealed to the Town Council pursuant to
Section 7.16.160, Appeal. If an application is located within the Town Core, the
Director shall review and provide a recommendation to the PZC. The PZC shall review
and provide a recommendation to the Town Council. The Town Council shall render the
final decision on a major development plan within the Town Core.
(2) 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 pursuant to Section 7.16.170, Appeal. The Director may
refer to the PZC any plan application that the Director determines warrants review by
the PZC.
(€g) Review Criteria. The following review criteria shall be considered as the basis for a
decision on development plan applications:
(1) Evidence of substantial compliance with the purpose of the Development Code as
specified in Section 7.04.030, Purposes;
(2) Evidenee of substantial eomplianee with Seetion 7.16.090, Design f-
(3) Gonsisten withthe Avon r fflpfehensive Plan The design conforms with the Avon
Comprehensive Plan and other applicable, adopted plan documents;
(4) Consistency with any previously approved and not revoked subdivision plat, planned
development or any other precedent plan or land use approval for the property as
applicable;
(5) Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 6 of 17
Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development
Standards; and
(6) That the development can be adequately served by city services, including but not
limited to roads, water, wastewater, fire protection and emergency medical services -.--
and
(7) The development design conforms with the character of the surrounding community;
or, where redevelopment is anticipated, relates the development to the character of
Avon as a whole.
(gh) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h).
(lei) Revocation. Approved site plan documents shall be binding upon the applicants and their
successors and assigns. No permit shall be issued for any building or structure or use that is
not in accord with the approved documents or any approved modifications thereto. The
construction, location, use or operation of all land and structures within the site shall
conform to all conditions and limitations set forth in the documents. No structure, use or
other element of approved design review documents shall be eliminated, altered or provided
in another manner unless an amended site plan is approved. Any deviation from the
approved development plan as approved shall be grounds for revocation of the development
plan approval.
Section 6. Amendment to Chapter 7.16.090 - Design review. Chapter 7.16.090 is hereby
deleted in its entirety.
Section 7. Amendment to Chapter 7.16.150(b) — Review procedures. Chapter
7.16.150(b) is hereby amended to read as follows with strike out indicating language to be
deleted:
Applications for location, character and extent shall follow the general review procedures set
forth in Section 7.16.020, General Procedures and Requirements. Applications for location,
character and extent may be initiated by the owner or the governmental body having
jurisdiction over the public facility. Applications for location, character and extent may be
combined with other application procedures and submittal requirements, including but not
limited to development plan, design -evi ,., and subdivision. The failure of the PZC and
Council to act within sixty (60) days from and after the date of official submission of a
complete application to the Town shall be deemed approval of such application.
Section 8. Amendment to Table 7.20-9 Dimensions for the Town Center District. Table
7.20-9 is hereby amended to read as follows with strike-eu-t indicating language to be deleted
and underline indicating language to be adopted:
Table 7.20-9
Dimensions for the Town Center District
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 7 of 17
Min. Lot
Size
(acres or
sq. ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min. Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
n/a
n/aj
50 f-5}
20
0 [1, 4]
7.5 [2]
10 [3]
80
[1] Infill development shall match the smallest setback of existing, adjacent structures.
[2] TC abutting a residential district shall match the side yard setback standards of that district.
[3] When abutting a public street, alley or public right-of-way. The rear setback for TC abutting a
residential district shall be 20 feet, regardless of the location of any street, alley or ROW.
[4] Nonresidential development that incorporates public space such as a plaza or courtyard into the
building design may increase the front setback by up to 20 feet to accommodate that area up to 40%
of the front building line.
0 if housing is in Seefief,,
employee pr-evided aeeoi:daneewith
Section 9. Amendment to Chanter 7.20.080(e) - Public Facilities (PF). Chapter
7.20.080(e) is hereby amended to read as follows with str-'�e-oil indicating language to be
deleted and underline indicating language to be adopted:
Public Facilities (PF). The PF district is intended to provide sites for public uses such as
community centers, police and fire stationsLal—governmental facilities, government
employee housing, and Community Housing. The uses permitted in this district are
identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the
Avon Comprehensive Plan, the following dimensional requirements shall apply for the
Public Facility (PF) zone district:
Section 10. Amendment to Table 7.20-13 Dimensions for the Light Industrial and
Commercial Employment District. Table 7.20-13 is hereby amended to read as follows with
stAke-out indicating language to be deleted and underline indicating language to be adopted:
Table 7.20-13
Dimensions for the Light Industrial and Commercial EmploymeH District
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 8 of 17
Min.
Lot
Min.
Max. Lot
Min.
Min.
Min.
Min.
Max.
Max.
USE TYPE
Size
Lot
Coverage
Landscape
Front
Side
Rear
Building
Density
(acres
Width
o
(/o)
o
Area (/o)
Setback
Setback
Setback
Height
Residential
or sq.
(feet)
(feet)
(feet)
(feet)
(feet)
ft.
Mixed Use
21,780
100
50
20
25
7.5
10
48
See
footnote
or IC
sq. ft.
[1]
Community
219780
100
50
20
25
7.5
10
48
10 du/acre
Housing
sq. ft.
[2]
[1] Aeeessei-f dDwelling units which are accessory to the commercial use are permitted as a special review
use pursuant to Section 7.16.100. The maximum density residential in a mixed use project shall be no more
than four (4) ADU per acre; provided, however, on lots wee less than one (1) acre in size, the
Maximum Residential shall be four (4) ADU per lot.
[2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a
condition to approval of development which exceeds the meter size assigned to the property. The Town may
accept cash -in -lieu of dedication in accordance with a water rights dedication impact fee schedule adopted
by ordinance if the Town has adequate availability of surplus water rights as determined by the Town
Council in its sole discretion.
Section 11. Amendment to 7.20.100 - Employee housing mitigation. Chapter 7.20.100 is
hereby amended to read as follows with underline indicating language to be adopted:
(b)Applicability. This Section shall apply to new multi -family residential (3 or more
units), commercial, accommodation units, industrial and other non-residential
development within the Town. This Section applies to all entities, including private and
non-profit entities. All Employee housing mitigation dwelling units required in Table
7.20-14 below are applied to the maximum residential density of the development.
Section 12. Amendment to Chapter 7.24.060(g)(1) - Restaurant. Chapter 7.24.060(g)(1) is
hereby amended to read as follows with strike -eat indicating language to be deleted and
underline indicating language to be adopted:
An eating and drinking establishment allowed under this Code may provide outdoor
seating areas for customers following design feview development plan approval and
issuance of a liquor license. The approval of outdoor seating shall be reviewed against the
following criteria:
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 9 of 17
Section 13. Amendment to Table 7.28-2 - Off -Street Parking. Table 7.28-2 is hereby
amended to read as follows with ctAke out indicating language to be deleted and underline
indicating language to be adopted:
Use Category
Use Type
Parking Requirement
Residential Uses
Residential a*d
Dwelling, Single -Family, Duplex
2 per unit; 3 per unit for units over
n ,.,.,,,,.,..,,,da4i .,,
2,500 sq. ft.
�S
Dwelling, Multi -Family
Studio/ Lock off/ ^ ,,,,affl a 4ion
-1 per unit
1 bedroom — 1.5 per unit
/PU ,99-it
ever- sq.
All others- 2 per unit
Dwelling, Multi -Family (Short -Term
1 per unit, plus Guest Parking
Rental Overlay) with Parking
Management Plan
Guest Parking for Multi -Family
3-5 units - 2 spaces
5-10 units - 3 spaces
11-15 units - 4 spaces
16-20 units - 5 spaces
21-25 units - 6 spaces
Over 25 units - 7 spaces plus 1 space
for each 5 units in excess of 25 up to
a maximum of 10 additional spaces.
Group Living
Group Homes
1 per bed plus 1 per 100 sq. ft. of
GFA
Retirement home, nursing home or
1 per 4 beds and 1 per employee with
assisted living facility
consideration to the number of shifts
worked.
Use Category
Use Type
Parking Requirement
Public and Institutional Uses
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 10 of 17
Community
Services
Art gallery or museum
4 per 1,000 sq. ft. GFA
Community centers
4 per 1,000 sq. ft. GFA
Government services, offices and
facilities
4 per 1,000 sq. ft. GFA
Library
4 per 1,000 sq. ft. GFA
Religious assembly
4 per 1,000 sq. ft. GFA
Day Care
Child care center
2 per 1,000 sq. ft. GFA
Preschool, nursery school
2 per 1,000 sq. ft. GFA
Educational
Facilities
College or university (non-exempt)
4 per 1,000 sq. ft. GFA
School, K-12 (public and private)
4 per 1,000 sq. ft. GFA
School, vocational -technical and
trade
4 per 1,000 sq. ft. GFA
Health Care
Facilities
Medical center/ hospital
4 per 1,000 sq. ft. GFA
Medical and dental clinics and
offices
4 per 1,000 sq. ft. GFA
Urgent care facility
4 per 1,000 sq. ft. GFA
Parks and Open
Space
Golf course
4 per green
Commercial Uses
General Commercial Uses unless otherwise stated
4 per 1,000 sq. ft. GFA
Food and
Beverage
Services
Restaurants, bars and taverns
1 per 60 sq. ft. of indoor seating area.
Office
Administrative and professional
offices
3 per 1,000 sq. ft. GFA
Recreation and
Entertainment,
Outdoor commercial recreation/
Determined by the Director
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 11 of 17
Outdoor
entertainment
Recreation and
Entertainment,
Indoor
Indoor commercial recreation/
entertainment
Determined by the Director
Accommodation
Lodging
1 per unit
Wholesale
Business
Wholesale business
1 per 800 sq. ft. GFA
Industrial Service
General Industrial Uses unless otherwise stated
1 per 800 sq. ft. GFA
Section 14. Amendment to 7.28.020(g)(iv) Electric Vehicle Parkin. Chapter
7.28.020(g)(iv) is hereby amended to read as follows with strike indicating language to be
deleted and underline indicating language to be adopted:
Electric Vehicle Parking. As required by Section 15.28, Electrical Vehicle Charging
Standards, Avon Buildings and Construction, the quantity and location of EV parking spaces
must be demonstrated at designr-eviewdevelopment plan.
Section 15. Amendment to 7.28.060(d)(4) Alternate Screening. Chapter 7.28.060(d)(4) is
hereby amended to read as follows with strike o rt indicating language to be deleted and
underline indicating language to be adopted:
Alternate Screening. Mechanical equipment that is not screened in full compliance with
the screening standards of this Section shall be reviewed in accordance with Section
7.16.09080, Design Revs .„ Development plan. Alternate screening methods may
include, but shall not be limited to, increased setbacks, increased landscaping, grouping
the equipment on specific portions of a site, architectural features and painting.
Section 16. Amendment to 7.28.080(b) Fence Design Standards. Chapter 7.28.080(b) is
hereby amended to read as follows with strike out indicating language to be deleted and
underline indicating language to be adopted:
Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval
from the Avon Planniny- and Zoniny- Commission. Although discouraged in
Wildridge and Wildwood, in all insi n fences should complement the property and
landscape rather than contain the property. Fenees that delineate pr-eper-ty betin afies
demenstr-ated by the applieant that the design is eensistent with _The following review
criteria apply for the review of fence applications:
Ord 21-1
Page 12 of 17 v
(i) Fence material shall be wood and no more than four (4) feet in height
(ii) Fences shall be constructed using a split rail design with no more than two (2)
horizontal rails;
(iii) Fences shall not delinea4e be located closer than 7.5 feet from the property lines;
(iv) Fences shall not enclose an area of one thousand two
hundred (1,200) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the
proposed fence design;
(vi) If a fence is part of a multi -family project, approval shall be received from the
association and the fence design shall be integrated with the overall landscape
design of the property; and
(vii) If a fence is located on a duplex property, written approval shall be received
from the adjoining property owner and the fence design must be integrated with
the overall landscape design.
(viii) If a fence is intended to enclose an area containing more than fifty percent
(50%) edible food crops, the design must be consistent with the following
criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet;
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
(E) Fences enclosed on the top and greenhouses are considered accessory
structures.
Section 17. Amendment to 7.28.090(c)(6) Exterior Lighting. Chapter 7.28.090(c)(6) is
hereby amended to read as follows with underline indicating language to be adopted:
Exterior Lighting;
(1) The location and design of exterior lighting shall comply with Section 15.30, Outdoor
Lighting Standards, Avon Buildings and Construction.
Section 18. Amendment to 7.34.010(b) - Definitions. Chapter 7.34.010(b) is hereby
amended to read as follows with underline indicating language to be adopted:
Foot-candle means a unit of incident light (on a surface) stated in lumens per square foot
and measurable with an illuminance meter, a.k.a. footcandle or light meter. One (1)
footcandle is equal to one (1) lumen per square foot.
Town o Avon sign means a sign erected, installed, or maintained by the Town of Avon for
any public purpose, or a sign located on a building owned by the Town.
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 13 of 17
Section 19. Amendment to 7.34.010(d) — Permitted Signs Generally. Chapter 7.34.010(d)
is hereby amended to read as follows with c*'-�c ilie-out indicating language to be deleted and
underline indicating language to be adopted:
(7) Town of Avon went signs (exempt, including M digitalplays).
(13) Window Signs (exempt, as long as square footage and type requirements are met).
Section 20. Amendment to 7.34.010(e)(5) — Lighting. Chapter 7.34.010(e)(5) is hereby
amended to read as follows with strike-ou indicating language to be deleted and underline
indicating language to be adopted:
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.l14effially
Lit signs shall not be illuminated when the business is closed.
(8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs.
Auto -oriented electronic messages, images, and/or changeable copy signs are permitted
al,,,,g ai4efial streets only for gasoline pricing, parking garage stall counter displays,
drive-thru menu boards, drive-thru lane informational si nage, 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.
iii. Individual letters are limited to 17 inches in height.
iv. Digital sip?ns are included in sign area calculations.
v. Drive-thru signs shall be oriented to face the interior of the lot and include adequate
screening to not impact the view of neighboring properties or the adjacent street.
Section 21. Amendment to 7.34.010(h)(2) — Master Sign Programs. Chapter 7.34.010(h)(2)
is hereby amended to read as follows with stAlie out indicating language to be deleted and
underline indicating language to be adopted:
Master Sign Programs are encouraged for all properties and are required as a part of the
design review development plan process for all proposed projects.
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 14 of 17
Section 22. Amendment to 7.34.010(i) — Prohibited signs. Chapter 7.34.010(i) is hereby
amended to read as follows with strike out indicating language to be deleted and underline
indicating language to be adopted:
(9) Signs erected on public rights -of -way, except gevenffnen4 Town of Avon signs.
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 days after the date of final
passage 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 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. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 27. 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
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 15 of 17
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 28. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 16 of 17
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on June 22, 2021 and setting such public hearing for August 10, 2021 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY:
CR.
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Sarah Smith Hymes, Mayo
ATTEST:
N OF q
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Brenda Torres, Town C1
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C�LCRA�O�
ADOPTED ON SECOND AND FINAL READING on August 10, 2021.
BY: ATTEST: �O`NN OF A�0N
SEAL:
Sarah Smith Hymes, 4or Brenda Torres, Town Cle
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•C'C1LC(� a0��
APPRO
Wisor, Town Attorney
Ord 21-09 Chapter 7 Amendments August 10, 2021
Page 17 of 17