PZC Packet 062325AVON PLANNING & ZONING COMMISSION
MEETING AGENDA
MONDAY, DUNE 23, 2025 ` ,O
PUBLIC MEETING BEGINS AT 5:30 PM V
ZOOM LINK: HTTPS://us02WEB.ZOOM.us/i/87239106371 C 0 L O R A D O
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) - 5:30 PM
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT — COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA PUBLIC
COMMENTS ARE LIMITED TO THREE (3) MINUTES. THE SPEAKER MAY BE GIVEN ONE (1) ADDITIONAL MINUTE SUBJECT TO
PLANNING AND ZONING COMMISSION APPROVAL.
5. JOINT WORK SESSION WITH AVON TOWN COUNCIL MEMBERS
5.1 SLOPESIDE COMMUNITY HOUSING: DESIGN CONCEPT — PATTI LIERMANN, HOUSING PLANNER
6. PUBLIC HEARING
6.1. CTA24002 AVON MUNICIPAL CODE UPDATES TO TITLE 7 DEVELOPMENT CODE (CONTINUED FROM APRIL
21ST) — PLANNING MANAGER, JENA SKINNER
7. CONSENT AGENDA
7.1. RECORD OF DECISION — CTA25002 AVON MUNICIPAL CODE AMENDMENTS TO REGULATE NATURAL
MEDICINE
7.2. JUNE 9, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES
8. FUTURE MEETINGS
8.1. JULY 7, 2025
8.2. JULY 21, 2025
9. STAFF UPDATES
10. ADJOURN
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
TO: Planning and Zoning Commission and Town Council
FROM: Patti Liermann, Community Development Housing Planner Avon
RE: Slopeside Community Housing Project
DATE: June 16, 2025
SUMMARY: This report presents to Avon Planning and Zoning Commission ("PZC") and members of Town
Council ("Council") who may be attendance for this meeting, the preliminary conceptual designs by Ulysses
Development Group ("Ulysses") and their team. PZC will review the massing and scale of these plans for
consideration of the project's density. More evolved conceptual plans that reflect density recommendations by
PZC, complete with floor plans, will be reviewed at a later meeting.
BACKGROUND: The Property is part of the original Benchmark at Beaver Creek Subdivision, and was zoned
for Open Space, Landscaping, Drainage ("OLD"), since at least 1991, and prior to Avon rezoning Parcel 1
(Benchmark at Beaver Creek Tract Y) in 2024 to Community Housing High Density-1 ("CHHD-1 "). The smaller
Parcel 2, to the east was rezoned for "public use" and is part of the 1997 Swift Gulch Addition subdivision creating
the public works/transit/fleet campus. Parcel 2 is described as Lot 2: Swift Gulch Addition. Both parcels are
owned by the Town of Avon. Parcel 1 is approximately 3.41 acres.
Property location
The Property also contains a portion of the pedestrian/bike trail that runs between Avon Road and Post Blvd, and
the existing Nottingham Puder Ditch.
The Community Housing project, currently known as "Slopeside", will primarily be located within Parcel 1 and may
have signage or other limited uses on Parcel 2.
(970) 748-4091 piiermann@avon.org
The Zoning on this parcel is as follows:
Community Housing High Density —1. The CHHD-1 district is established to accommodate multi-
family development in cost effective configuration, construction type, and density that permits a high
number of residential units with a maximum of four (4) stories of residential or three (3) stories of
residential above one (1) level of at grade parking.
Table 7.20-7
Community Housing High Density -1
Dwelling
Max.
Max.
Min.
Max. Lot
Min. Front
Min. Side
Min. Rear
Max.
Type
Density
Units Per
Landscape
Coverage
Setback
Setback
Setback
Building
(units/
Building
Area
(%)
(feet)
(feet)
(feet)
Height
acre)
(feet)
Multi-
25 du/
N/a
10%
80
10
7.5
10
48
family / TH
acre
At the May 12th joint meeting with PZC and Council, Staff, Ulysses, PZC, and Council worked through Step 1 of
the Conceptual Design phase. This included team introductions, site visit, discussion of opportunities and
challenges, and a preliminary building design discussion. The Ulysses team provided an overview of the site's
potential, and Staff reviewed the Project Goals. Avon PZC and Council members provided questions, comments,
priorities, and feedback on those goals. The work session refined the Project Goals and preliminary design
elements iteratively so Ulysses and their team can return to PZC and Council with initial conceptual designs.
CONCEPTUAL DESIGN PHASE: The Conceptual Design agreement outlines a process with four steps. The
second step will review density and parking. The entire conceptual design process will include the following:
Introductory joint work session with Avon PZC and Council to review project goals, discuss site
challenges and opportunities, and discuss optimizing density balanced with appearance of entry to Town.
Initial presentation of at least 2 conceptual designs to Avon PZC and Council. Avon PZC and
Council will provide direction and comment on conceptual designs.
Prepare revised and preferred conceptual design for presentation to Avon PZC and Council. Avon PZC
and Council will provide direction and comment to finalize the preferred conceptual design.
Present the revised conceptual design to Avon PZC and Council.
COMMUNITY HOUSING DEVELOPMENT STEPS: The development of Community Housing involves
several steps, which are described as follows:
1. Identification of land suitable for a Community Housing Project. COMPLETE
2. Zoning (or Rezoning) COMPLETE
3. Determination of Ownership and Initial Partners (i.e. public or private). PENDING
4. Determining whether to proceed as public development project or post Request for Proposal for private
developers. COMPLETE
5. Apply for Grant Funding for design, infrastructure and/or construction. ON GOING
6. Conceptual Design of housing project to determine density, layout, and feasibility.
7. Determination of specific housing type and goals (rent versus own, unit size, target AMI levels)
8. Establishing development team (architect, owners representative, contract — if a public project, or
selecting developer if private project).
"Slopeside" Community Housing Project
June 23, 2025
Page 2 of 3
9. Securing financing and finalizing development agreements and deed restrictions.
10. Overseeing or administering construction of project.
11. Construction completion and sale or leasing per Avon Community Housing Policies or per terms with
private developer.
CONCEPTUAL DESIGN PHASE STEP 2: The two conceptual designs include one with 83 residential
units (25 units per acre x 3.41 acres) and one with 111 residential units (additional density permitted by
Development Bonus process). The purpose of these two conceptual designs is to illustrate the bulk and
massing of different quantities of development on this site. They also illustrate parking density options and
potential locations for snow storage, trash, storage, and common areas.
REQUESTED DIRECTION: Your direction at this stage of the process will move the project into the next phase.
Please review the attached conceptual design materials and arrive at the meeting prepared to share your ideas.
This meeting will be used to review the density and massing of the development and parking options.
Thank you, Patti
ATTACHMENT: Conceptual Design Options
"Slopeside" Community Housing Project
June 23, 2025
Page 3 of 3
AD25004 AERIAL SIDE -BY -SIDE
AVON SLOPESIDE HOUSING
27 MAY 202
Avon, CO
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STUDIOS: 8
STUDIOS:
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STUDIOS:
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STUDIOS: 4
STUDIOS:
24
1 BED: 16
1 BED:
23
1 BED:
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1 BED: 12
1 BED:
55
2 BED: 8
2 BED:
8
2 BED:
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2 BED: 8
2 BED:
32
VARIOUS PARKING REQUIREMENTS:
1 SPOT / STUDIO, 1.5 SPOT / 1 BED,
2 SPOT / 2 BED + GUESTS (10):
1 SPOT / BEDROOM + GUESTS (10):
SPOTS PROVIDED: 136
NEED 181 SPOTS
NEED 138 SPOTS
GARBAGE
RETAINING WALL HEIGHT
160sf STORAGE / -
UTIL. PER FLOOR
111 UNITS PULLED APART SITE PLAN
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OUTDOOR SPACE UTIL. PER FLOOR
NOT FOR CONSTRUCTION
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AVON SLOPESIDE HOUSING
27 MAY 2025
Avon, CO
NOT FOR CONSTRUCTION
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architecture: engineering: planning
ADDITIONAL FLOOR AND TALLER
STONE BASE AT "MAJOR EVENT"
RAISED ROOF AND STONE BASE AT
"MINOR EVENT"
2 83 UNITS PUSHED TOGETHER SOUTH
1 " = 60'-0"
RAISED ROOF AND STONE BASE AT
"MINOR EVENT"
"PUSHED" BLDG. 1
"PUSHED" BLDG. 2
"PUSHED"
BLDG. 3
UNIT MIX:
83
STUDIOS: 4
STUDIOS: 4
STUDIOS:
4
STUDIOS:
12
1 BED: 8
1 BED: 28
1 BED:
12
1 BED:
47
2 BED: 8
2 BED: 8
2 BED:
8
2 BED:
24
VARIOUS PARKING REQUIREMENTS:
1 SPOT / STUDIO, 1.5 SPOT / 1 BED, 2 SPOT / 2 BED + GUESTS (10):
1 SPOT / BEDROOM + GUESTS (10):
SPOTS PROVIDED: 130
NEED 141 SPOTS
NEED 105 SPOTS
GARBAGE
= RETAINING WALL HEIGHT
/_ VARIES FROM 0' - 7'
-----------------
P+9N
36 POTENETIAL ON -STREET PARALLEL
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1 UTIL. PER FLOOR SNOW REMOVAL -- --
1" = 80'-0" 160sf STORAGE /- 1,000 sf COMMON
UTIL. PER FLOOR OUTDOOR SPACE
NOT FOR CONSTRUCTION
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NOT FOR CONSTRUCTION
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1" UNITS
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UNIT MIX:
111
STUDIOS: 8
STUDIOS:
8
STUDIOS:
4
STUDIOS:
4
STUDIOS:
24
1 BED: 16
1 BED:
23
1 BED:
4
1 BED:
12
1 BED:
55
2 BED: 8
2 BED:
8
2 BED:
8
2 BED:
8
2 BED:
32
VARIOUS PARKING REQUIREMENTS:
1 SPOT / STUDIO, 1.5 SPOT / 1 BED, 2 SPOT / 2 BED + GUESTS (10):
1 SPOT / BEDROOM + GUESTS (10):
SPOTS PROVIDED: 144
NEED 181 SPOTS
NEED 138 SPOTS
ANGLED PARKING OPTION
AVON SLOPESIDE HOUSING
27 MAY 2025
Avon, CO
NOT FOR CONSTRUCTION
EVstu(AIOSD75
architecture: engineering: planning
A
T0: Planning and Zoning Commission Avon
FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING C O L O R A D O
CTA-24002 Code Text Amendments
DATE: June 18, 2025
SUMMARY: This report presents to the Planning and Zoning Commission ("PZC") a Code Text Amendment
application to modify and or update certain provisions throughout the Avon Municipal Code ("Code"). In late
February 9, 2023, Staff presented a list of items that warranted updates to Town Council ("Council') for their
consideration and approval to pursue modifications. This package reflects those items recognized by Council
as necessitating action.
OVERVIEW: The following sections contain modifications:
• 7.08.010 General Definitions
• 7.16 Development Review Procedures
• New section: 7.20.085 Mixed -use and Commercial District Encroachments
• 7.24.040 Table of Allowed Uses
• 7.24.050 Use Specific Regulations
• 7.24.060 Special Review Uses
• 7.28.090 Design Standards — Roof Pitch
• 7.34.010 Sign Code
• 8.24.065 Driveways Must Be Paved
• New section: Appendix C — Plat Certificates
GOALS: The main goal of the proposed Code Text Amendments is to ensure our Code provisions are
relevant, to close "holes" where ambiguity may be found within these provisions, and/or to clarify language,
which results in a greater understanding by the public and an increased level of equity within the Code.
Older language in regulatory codes has been found to be a barrier in communicating land use with the
public who are not familiar with often used "specialized" language derived from the legal world.
A secondary goal for Staff in these provisions is to prepare Avon for infill development and redevelopment.
As underdeveloped properties are retrofitted using new construction practices, technology, and design
standards and methods that differ from 20 - even 10 years ago, it is important to keep our codes relevant to
these practices. Constant requests for variations to design standards (i.e. 2/12 roof pitches), or the need to
allow for encroachments into setbacks for electrical or mechanical equipment such as solar batteries, are
important considerations in pursuing our sustainability goals.
A third goal is to add language needed to decrease ambiguity for some of our provisions like improved use
requirements that will eliminate conflicts between implementation of a use not previously contemplated on
properties now built out and conflicts more frequent. This clarity will help the public understand
expectations resulting from application approvals.
PROCESS: Town Council directed Staff to submit an application to PZC with these amendments in fall of
2023. Between this time and this application, Staff has been working on assembling and analyzing all
sections throughout this timeframe, in addition to managing other applications taking precedent.
970-748-4023 jskinner@avon.org
Page 1 of 6
TOWN COUNCIL STAFF PZC TOWN COUNCIL \
INITIATION ANALYSIS & PUBLIC HEARING ORDINANCE &
October 24, 2023 REPORT RECOMMENDATION PUBLIC HEARING
4121125 TBD
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 10, 2025, and was
continued on record to June 23rd. No public comments have been received outside of additional internal
reviews.
OPTIONS: PZC has the following options with the Application:
• Recommend Approval of the application as drafted
• Recommend Approval of the application with changes
• Continue the public hearing to a specific date
• Recommend Denial, with findings
DISCUSSION: This Code Text Amendment package is significant, and Staff expects the PZC and Council
to take multiple meetings to discuss and consider. Staff also anticipates that additional modifications may
be necessary during this process, as how Staff perceives Code and how the public understands Code may
still need improvement in language as Staffs familiarity is more significant due to training and administration
using this profession "language field." Improving communication between all users of a regulatory code is
now recognized as a form of equity within our community systems. Staff continually strives to clarify the
Code for this reason.
The AMC has not been "overhauled" in its entirety but has been amended and updated in various locations,
where necessary. Several titles and chapters are inconsistent in language use, writing style, references,
and formatting. Staff's goal is to have those portions of the Code affecting development (planning and
building) consistent in presenting information and requirements. This consistency is especially important in
sections related to application processes. Language, primarily in Title 7, must be understandable, clear,
and digestible for both the public and internal communication in analyzing applications- particularly those
quasi-judicial applications.
Staff has added a recent amendment regarding Family Child Care Home to Section 7.24.050 in response to
a revision to the State of Colorado statutes, ensuring that this use is in alignment with this State
modification. This obligation has not been previously assessed by Town Council.
PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for
CTA24002 (Code Text Amendment).
CODE TEXT AMENDMENT: REVIEW CRITERIA: The Planning and Zoning Commission and Town
Council must consider a set of review criteria when reviewing code changes. The review criteria for
Code Text Amendments are governed by Avon Municipal Code ("AMC") §7.16.040, Code Text
Amendments. Staff responses to each review criterion are provided below.
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
CTA24002 Code Text Amendments
April 16, 2025
Page 2 of 6
Staff Response: This update aims to improve the health, safety, and general welfare of the Avon
community by increasing the understanding of these regulations for users of this Code and modifying
outdated provisions that may add communication difficulty for community members because the
provisions are unclear. Clarifying expectations for implementing uses and standards is an essential
function of increasing equity and relationships between the Town and the public within our town.
Further, ensuring this Code is relevant to our culture and other communities is also vital to the welfare of
Avon as design standards, technology, cultural elements (equity/equality), Town practices, and goals
evolve.
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: This amendment attempts to improve the Code to support new developments pending
redeveloping areas like Sun Road or clarifying processes for the public wishing to modify land use opportunities
Many of the proposed modifications indirectly support the Town by removing communication barriers to assist
Staff in administrating these land uses. Per the Comprehensive Plan, Policy C.1.1: Regularly update and
enhance the Avon land use regulations and District Master Plans for innovative design approaches and
positive development outcomes.
Over the last year, several shifts have occurred within Avon and nationwide when discussing land uses,
processes, and technology. To that point, this code amendment could go much further in its
modifications, knowing that redevelopment is inevitable in Avon. The proposed changes have all been
discussed with Town Council prior to formally presenting this application, and this package reflects their
direction as well as the State's recommendation' to ensure the relevance of the Code as it pertains to
land use and development, especially Community Housing.
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals
and purposes for the Avon community that support Staffs efforts to enhance the Avon Municipal
Code. The most relevant goals that may be applied include the following:
• Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town
• Including the Avon Housing Plan, and the pending Sun Road Redevelopment (Sub
Area) Plan
• Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the municipality
• Achieve innovation and advancement in design of the built environment to improve efficiency,
reduce energy consumption, reduce emission of pollutants, reduce consumption of non-
renewable natural resources and attain sustainability
I DOLA, Updatinq Land Use Policies & Processes, 2024
CTA24002 Code Text Amendments
April 16, 2025
Page 3 of 6
• For example, the simple addition of encroachments into the Code allows existing
residential homes to implement or increase electrification by permitting exterior
equipment to be placed in these presently prohibited areas.
Prevent the inefficient use of land, avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high -quality provision of
all public services and public facilities, including but not limited to water, sewage, schools,
libraries, police, parks, recreation, open space and medical facilities.
• Clarifying processes and expectations of applications to the public helps avoid lengthy
back and forth between Staff and applicants when applying for development
applications.
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: Most of these Code Text Amendments help clarify and improve the affected
provisions' usability and reflect standard land use practices. An example is updating provisions
affecting design standards, many of which do not necessarily reflect more modern architectural designs,
like the litany of Alternative Designs issued in 2023-2024 for roofs that are less pitched than the more
traditional designs. Another premise within these amendments focuses on changing some language to
reflect social change, particularly the term "master." Current practice is to remove the use of "master"
where possible, replacing this term with an alternative. E.g., Master Sign Plan with Sign Program.
Because the term "master" has been used to describe a dominant or authoritative position, it assumes a
subordinate position also exists. Its removal aligns with supporting a more inclusive and neutral
environment. Alternatives to "master" may include Primary, Main, Original, Comprehensive, Parent,
and Municipal.
In summary, these proposed amendments neither remove nor modify the intentions or purposes of the
Avon Municipal Code; instead, their overall theme is to bring consistency and modernization of
language and to simplify, clarify, and promote a practical Code that all users feel comfortable using.
GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review
Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all
development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
CTA24002 Code Text Amendments
April 16, 2025
Page 4 of 6
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This Code Text Amendment is complete. Staff believes sufficient information exists to
allow Council to review this application with the applicable review criteria This Amendment application will
not impact demands for public services or infrastructure because it is not a development application.
Specific to (iv), the General Review Criteria provisions are geared toward development applications
to ensure that a new development plan will neither injure nor cause significant disruptions to existing
development. This Code Text Amendment will not result in construction activities and, as such,
does not affect impacts to services or infrastructure; however, the amendment should clarify
processes and requirements for future developers and assist in promoting best practices in
increasing the communication of the Avon Development Code and to users thereof.
RECOMMENDED FINDINGS:
CTA24002:
1. The text amendment promotes the health, safety and general welfare of the Avon community by
focusing on simplification and or making the language used with in the affected sections more
linear and straight forward, increasing the equitability for all users;
2. This text amendment promotes and strengthens the implementation of the updated goals and
policies of the Avon Comprehensive Plan and supporting plans;
3. The text amendment consistently promotes or implements the purposes stated in this
Development Code with the new language pertaining to future redevelopment; and
4. The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts or other social or economic conditions, as being forward thinking is a priority for Avon.
GENERAL CRITERIA FINDINGS:
1. The development application is complete;
2. The development application provides sufficient information to allow the reviewing authority to
determine if it complies with the relevant review criteria;
3. The development application complies with the goals and policies of the Avon Comprehensive Plan;
and
4. The demand for public services or infrastructure exceeding current capacity does not require
mitigation as there is no development application accompanying the Code Text Amendment that
results in a physical project that utilizes public services or infrastructure.
RECOMMENDATION: Approval of this Code Text Amendment package/application.
CTA24002 Code Text Amendments
April 16, 2025
Page 5 of 6
PROPOSED MOTION: "I move to recommend approval of the proposed Avon Municipal Code
Amendments, based on the findings in Sections §7.16.040, Code Text Amendments, and §7.16.01 O ftl )
General Criteria (for an application), as presented and outlined in the Staff report."
Thank you, Jena
ATTACHMENT A: Proposed Code Text Amendments
CTA24002 Code Text Amendments
April 16, 2025
Page 6 of 6
ATTACHMENT A
CTA24002 — Code Text Amendments
Staff received direction from Town Council to amend several provisions within the Avon Municipal Code in
2023. The following is a summary table of the proposed (general) amendments, and which Title and
Chapters are being affected by this application:
TITLE 7
Development Code
CHAPTER 7.08 Definitions
The proposed amendments to this section add definitions absent
within the code, modernizes certain definitions, or updates definitions
clarifying the intention and purpose of these terms.
CHAPTER 7.16 Development
The proposed amendments to this section help clarify processes,
Review Procedures
brings consistency to the terms and language used within this
section, updates language reflecting modern best practices, and adds
new or missing processes like the amendment of the Town Core
Boundary Map to Title 7. Additional revisions update and bring
consistency to the language used in findings or adds "missing"
information for amendments to the Comp Plan Subdivision Plats, and
Special Review Uses. Staff is also modifying Alternative Design
Equivalent Compliance to become simply Alternative Design.
CHAPTER 7.20 - Zone Districts
This section is being amended to address objects that are commonly
and Official Zoning Map
permitted in setbacks in all jurisdictions and or are commonly found
on Avon properties as a customary installation (e.g. air conditioning
units), but it is not clear what the placement parameters include. As
properties redevelop, they will typically max out square footage,
leaving little room for things like mechanical equipment. This is
especially important with technological changes including battery
storage for EV chargers, and clarifies that certain landscaping
features like patios, are now being acknowledged with clarity.
CHAPTER 7.24 - Use
This section is being amended to clarify permit parameters and the
Regulations
clarification of certain uses that necessitate a greater level of review
pursuant to the Table of Allowed Uses. Specifically, this section is
being amended to accommodate Family Child Care Home, as State
statutes have changed demanding this use be a permitted use in all
applicable zone districts.
CHAPTER 7.28 - Development
This section is being amended to update references to exterior
Standards
equipment and objects requiring screening, and an outdated
requirement for wind speeds affecting fences. Additionally, due to a
litany of requests for roof pitch proposals requiring an AEC,
modification to roof pitches.
CHAPTER 7.32 - Engineering
This section is being amended to remove the term Paved, as it is a
Improvement Standards
misnomer.
CHAPTER 7.34 - Sign Code
This section is being amended to clarify, reorganize information in a
logical fashion, and to ensure Avon visually remains relevant.
TITLE 8
Health and Safety
CHAPTER 8.24 - Public
This section is being amended as the term "paved" was misleading,
Nuisances
much like in Chapter 7.32
ATTACHMENT A
7.24.040 TABLE OF
This section is being amended to update and modernize common
ALLOWED USES
uses (includes reorganization and the expansion of where some uses
are permitted), language, and simplification of types of uses. Also for
review, removal of certain uses not yet established in Avon, thought
not to be in the best interest of the Town moving forward with
consideration of sustainable design e.. retail drive thru use).
APPENDIX 7-C Plat
New section providing Surveyors with the appropriate and consistent
Certificates NEW
verbiage for plat notes.
ATTACHMENT A
Proposed Amendments — TABLE OF CONTENTS
CHAPTER 7.08 DEFINITIONS......................................................................................................................1
7.08.010 General Definitions.......................................................................................................................1
CHAPTER 7.16 DEVELOPMENT REVIEW PROCEDURES......................................................................26
7.16.010 Purpose.......................................................................................................................................26
Table 7.16-1: Development Review Procedures and Review Authority ................................................
27
7.16.020 General Procedures And Requirements...................................................................................28
7.16.030 Comprehensive Plan Amendment.............................................................................................
34
7.16.040 Code Text Amendment...............................................................................................................
35
7.16.045 Town Core Boundary Overlay (NEW)........................................................................................35
7.16.050 Rezonings....................................................................................................................................36
7.16.060 Planned Unit Development(PUD)..............................................................................................38
7.16.070 Subdivisions...............................................................................................................................47
7.16.080 Development Plan.......................................................................................................................
54
7.16.100 Special Review Use....................................................................................................................
57
7.16.110 Variance.......................................................................................................................................59
7.16.120 Alternative Design equivalent nnMplianGe...............................................................................60
7.16.130 Right -Of -Way Vacation...............................................................................................................61
7.16.140 Vested Property Right................................................................................................................
62
7.16.150 Location, Character And Extent................................................................................................
66
7.16.160 Sign Plan.....................................................................................................................................
67
CHAPTER 7.20 - ZONE DISTRICTS AND OFFICIAL ZONING MAP........................................................69
7.20.085 Mixed -Use and Commercial Districts Encroachment Provisions (NEW)...............................69
CHAPTER 7.24 - USE REGULATIONS......................................................................................................72
7.24.050 - Use -specific Regulations..........................................................................................................72
7.24.060 Special Review Uses..................................................................................................................
73
CHAPTER 7.28 - DEVELOPMENT STANDARDS......................................................................................78
7.28.030 Access Drive Requirements......................................................................................................78
7.28.060 Screening....................................................................................................................................81
ATTACHMENT A
7.28.080 Fences......................................................................................................................................... 83
7.28.090 Design Standards.......................................................................................................................83
CHAPTER 7.32 - ENGINEERING IMPROVEMENT STANDARDS............................................................85
7.32.040 — Raved tTrail design.................................................................................................................. 85
CHAPTER 7.34 - SIGN CODE....................................................................................................................85
7.34.010 Sign Code....................................................................................................................................85
CHAPTER 8.24 - PUBLIC NUISANCES...................................................................................................101
8.24.065 Driveways must he r,a„erl Surface..........................................................................................101
7.24.040 Table of Allowed Uses..............................................................................................................103
APPENDIX 7-C PLAT CERTIFICATES (NEW).........................................................................................109
ATTACHMENT A
CHAPTER 7.08 Definitions
The proposed amendments to this section add definitions absent within the code, modernizes certain
definitions, or updates definitions clarifying the intention and purpose of these terms.
7.08.010 General Definitions
The terms in this Section shall be defined as stated in this Section. The rules of interpretation stated in
Section 7.04.040, Interpretation, shall apply to the interpretation and application of the definitions in this
Section.
Access means the place- or pathway, means or way by which pedestrians and vehicles shall
have adequate, usable and legal ingress and egress to property, use or parking space.
Access grade means the slope of a road, street, driveway or other means of access, as measured
from the edge of asphalt along the centerline of the means of access.
Accessory building means a subordinate building or structure, the use of which is customarily
incidental to that of the main building or to the main use of the land, which is located on the same lot (or on
a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only
permitted when they are incidental or accessory to an existing and permitted principal or conditional use.
Accessory structure means a subordinate building that is located on the same lot on which the main
building is situated, and which is reasonably necessary and incidental to the conduct of the primary use of
such building or main use.
Accessory uses are uses of land that are found on the same parcel as the principal use but are
subordinate and incidental.
Accommodation or accommodation unit means any room or group of rooms used primarily for
transient lodging and accessible from common corridors, walks or balconies without passing through
another accommodation unit and shall be no larger than six hundred (600) square feet. For the purposes of
calculating allowable units per acre or density, each accommodation unit shall be counted as one-third of a
dwelling unit, except as set forth in the definition of dwelling unit herein.
Adjacent means meeting or touching at some point or separated from a lot or parcel by one (1) of the
following: a street, alley or other right-of-way, lake, stream or open space.
Adjacent property owner means an owner of record of any estate, right or interest in real property
abutting and within three hundred (300) feet of the subject property.
Alley means a minor or secondary way which is used primarily for vehicular service access to the
back or side of properties otherwise abutting on a street.
Alteration means any change, addition or modification in construction, occupancy or use or change in
the exterior materials or design which is inconsistent with an approved design.
Animal boarding means the operation of an establishment in which domesticated animals other than
household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the
operation of a kennel.
Annual high watermark means the visible line on the edge of a river, stream, lake, pond, spring or
seep up to which the presence and action of water are so usual and long conditions (with a recurrence
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ATTACHMENT A
interval of one [1 ] year or less) so as to create a distinct character with respect to vegetation and the nature
of the soil.
Applicant means an owner of real property, the owner's representative or owner of an option to
acquire the property or portion thereof, who is authorized to represent and/or act upon any application or
submittal.
Appurtenances are the visible, functional or ornamental objects accessory to and part of a building.
Arcade is a series of arches supported on piers or columns.
Architectural projection means a building element (i.e., chimney, cupola) which physically projects
beyond the plane of a required limitation (i.e., height).
Automobile repair shop, major means an establishment primarily engaged in the repair or
maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical
equipment, including paint, body and fender and major engine and engine part overhaul, provided that it is
conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or
petroleum products.
Automobile repair shop, minor means an establishment primarily engaged in the repair or
maintenance of passenger and light truck oriented motor vehicles, trailers and similar mechanical
equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and
transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a
completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.
Awning means a roof -like cover of canvas or other material extending in front of a doorway or window
or over a deck, to provide protection from the sun or rain.
Balcony means that portion of a structure that is essentially open and outward from the main building
with a floor and a railing, with or without a ceiling and over four (4) feet above the existing ground level.
Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for
Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1430 and VE that indicates the
water surface elevation resulting from a flood that has a one -percent chance of equaling or exceeding that
level in any given year.
Basement means the definition of basement as set forth in the most recent version of the International
Building Code adopted by the Town.
Bed and breakfast means an establishment operated in a private residence or portion thereof, which
provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of
such establishment.
Berm means a mound of earth used to screen or separate one (1) area from another to reduce visual,
noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound.
Best Management Practice (BMP) means schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or reduce the discharge of pollutants
to waters of the United States. BMPs also include treatment requirements, operating procedures and
practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw
material storage.
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ATTACHMENT A
Blank wall means an exterior building wall with no openings and a single material and uniform texture
on a single plane.
Block means a unit of land or a group of lots, bounded by streets or by a combination of streets and
public lands or other rights -of -way other than an alley, waterways or any barrier to the continuity of
development or land which is designated as a block on any recorded subdivision plat.
Boarding means
Buildable area means the area of any site, lot, parcel or any portion thereof which does not contain
land under water, public rights -of -way, areas in excess of forty percent (40%) slope or other constraints
which restrict the physical ability or legal right to build on the property.
Building means any permanent structure built for the shelter or enclosure of persons, animals,
chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and
a roof.
Building Code means the building codes adopted in Title 15 of this Municipal Code, as may be
amended.
Building envelopes means portions of a lot within which all buildings are confined and is delineated on
a plat; a specified area that does not alter or otherwise affect existing setbacks or easements.
Building frontage 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.
Building height means the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof
or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard
roof or sloping roof to the existing grade or finished grade directly below said point.
This area intentionally left blank
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ATTACHMENT A
Maximum Building Height
Interior Section
*Not to scale Maximum
Building
E
D
E
X
Maximum Building Height
Exterior Section Showing Envelope
Imaginary line runs *Not to scale
parallel to existing grade
limiting building height ` ��
Area exceeding height
limitation when measured to
finished exterior grade
measurements
.11
inal /
ting
ide
Proposed
Grade
Original /
i
Existing
Grade
7].:L[:LjJ Proposed
R Grade at walkout
Bus shelter means a facility or area which provides protection from the weather to persons who are
waiting to board a publicly owned or franchised bus.
Bus stop means a facility for the loading and discharging of bus passengers.
Caliper means the American Association of Nurserymen standard for trunk measurement of nursery
stock, as measured at six (6) inches above the ground for trees up to and including four -inch caliper size
and as measured at twelve (12) inches above the ground for larger sizes.
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Carport means a structure attached or made a part of the main structure and that is open to the
outside on at least two (2) sides for the purpose of sheltering motor -driven vehicles used by occupants of
the main structure.
Cash -in -lieu (also known as fee -in -lieu) means that the payment of funds to the Town instead of the
dedication of real property interest when the Council determines that the dedication of real property interest
is not practical or as beneficial as payment of cash -in -lieu of land dedication. Payment of cash -in -lieu shall
comply with the following requirements unless otherwise provided for by this Code:
(a) Payment shall be based on the fair market value of the entire property based on the per square
foot value of the property with the requested development approval that requires dedication of
land or cash -in -lieu.
(b) The value of the land shall be based upon an amount negotiated between the Town and the
applicant taking into consideration sales of comparable properties. In the event that the Town
and the applicant are not able to negotiate a mutually acceptable per square foot value for cash -
in -lieu of dedication of land, the applicant shall provide an appraisal to the Town at the
applicant's cost for consideration by the Council. The Council may accept the applicant's
proposed appraised value or may reject the applicant's proposed appraised value and
commission an independent appraisal which shall be paid by the applicant. The Council shall
then use the appraised value as set forth by the appraisal commission by the Town.
(c) Combination of dedication and cash -in -lieu:
(1) The applicant, at the option of the Council, may meet the dedication requirements through
a combination of cash -in -lieu and land dedication in those cases where a portion of the
dedication of land is not desired.
(2) The value of the combination of both the land dedication and the cash -in -lieu of land shall
not exceed the full market value of the total required dedication of sites and land areas.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within
the boundaries of, such cemetery.
Child care center means a facility, by whatever name known, which is maintained for the whole or part
of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to
the owner, operator or manager, whether such facility is operated with or without compensation for such
care and with or without stated education purposes. The term includes, but is not limited to, facilities
commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day
camps, summer camps, centers for developmentally disabled children and those facilities which give
twenty -four -hour -per -day care for dependent and neglected children, but specifically excludes any family
care home as defined in this Code. Child care centers are also those facilities for children under the age of
six (6) years with stated educational purposes which are operated in conjunction with a public, private or
parochial college or a private or parochial school, except that the term shall not apply to a kindergarten
maintained in connection with a public, private or parochial elementary school system of at least six (6)
grades so long as the school system is not also providing extended day services.
Church or place of worship and assembly means a building containing a hall, auditorium or other
suitable room or rooms used for the purpose of conducting religious or other services or meetings of the
occupants of such structure. Church or place of worship and assembly shall include churches, synagogues
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ATTACHMENT A
or the like, but shall not include buildings used for commercial endeavors, including but not limited to
commercial motion picture houses or stage productions.
Common element means that portion of a condominium project held in common ownership by the
owners or the condominium association or that portion of a project other than a condominium project which
is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the
project.
Common open space means open space designed and intended primarily for the use or enjoyment of
residents, occupants and owners of a specific property or development.
Community facility means a publicly owned facility or office building which is primarily intended to
serve the recreational, educational, cultural, administrative or entertainment needs of the community as a
whole.
Community Housing means the definition of Community Housing as set forth in Avon Municipal Code
Section 3.14.020.
Compatibility means the characteristics of different uses or activities or design which allow them to be
located near or adjacent to each other in harmony. Some elements affecting compatibility include height,
scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation,
access and parking impacts. Other important characteristics that affect compatibility are landscaping,
lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility
refers to the sensitivity of development proposals in maintaining the character of existing development.
Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District
Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the
2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any
other document adopted as a supplement or sub -area plan of the Avon Comprehensive Plan, as all such
documents may be amended from time to time, provided that such amendments or supplemental
documents are adopted by ordinance.
Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project which
does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.
Condominium means an individual airspace unit together with the interest in the common elements
appurtenant to such unit.
Connecting walkway means:
(a) Any street sidewalk; or
(b) Any walkway that directly connects a building entrance to the street sidewalk and connects other
origins and destinations for pedestrians, including but not limited to commercial establishments,
schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk
across parking lots or driveways, around buildings or following parking lot outlines which are not
aligned to a logical route.
Conservation easement means an interest in real property that provides the owner of the easement
the right to prohibit certain users or acts with respect to the property in order to maintain the property in a
manner that will preserve its value for recreation, education, habitat, open space or historical importance.
See also Section 38-30.5-102, C.R.S.
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Construction (activity) means work done on a job site that alters the existing conditions of a property.
Construction staging plan means a site plan submitted with final design and building permit plans
showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance,
snow storage, refuse storage, sanitation facilities, project signage and construction trailer location, as
applicable. The staging plan may be combined on the same plan sheet as the pollution control plan.
Convenience retail store means a retail store containing less than five thousand (5,000) square feet of
gross floor area, which sells everyday goods and services which may include, without limitation, ready -to -
eat food products, groceries, over-the-counter drugs and sundries.
Council means the governing board of the Town of Avon.
Covenants means private written agreements outlining regulations specific to a development. As
private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and
this Code, this Code controls.
Critical facility means a structure or related infrastructure, but not the land on which it is situated, as
defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources,
Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010,
that, if flooded, may result in significant hazards to public health and safety or interrupt essential services
and operations for the community at any time before, during and after a flood.
Sign r Critical wildlife habitat and migration corridors means areas designated by the Colorado
Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that
provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce.
Crosswalk means a pathway delineated on a street for pedestrians to cross.
Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of
traffic movement.
Dedicated real property interest means real property interest transferred to the Town by platting, title,
deed or other legal method approved by the Town Attorney.
Dedication means any grant by the owner of a right to use real property for the public in general,
involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public
agency.
Density, dwelling units per acre, means the overall average number of dwelling units located on the
gross or net residential acreage (as applicable) contained within the development and calculated on a per -
acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net
density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated
land].
Design standard means any standard that sets forth specific requirements for development
improvements.
Detention basin means a man-made or natural water collector facility designed to collect surface and
sub -surface water in order to impede its flow and to release the same gradually at a rate not greater than
that prior to the development of property, into natural or manmade outlets.
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Developer means any person, partnership, joint venture, limited liability company, association or
corporation who participates as owner, promoter, developer or sales agent in the planning, platting,
development, promotion, sale or lease of a development.
Development means the grading or clearing of land, the erection, construction or alteration of
structures, the change of use of a property or the division of property to create two (2) or more separate
ownership interests.
(a) Development shall also include:
(1) Any construction, placement, reconstruction, alteration of the size or material change in the
external appearance of a structure on land;
(2) Any change in the intensity of use of land, such as an increase in the number of dwelling
units in a structure or on a tract of land or a material increase in the intensity and impacts of
the development;
(3) Any change in use of land or a structure;
(4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond,
reservoir or wetland;
(5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of
equipment or materials, filling or excavation on a parcel of land;
(6) The demolition of a structure;
(7) The clearing of land as an adjunct of construction;
(8) The deposit of refuse, solid or liquid waste or fill on a parcel of land;
(9) The installation of landscaping within the public right-of-way, when installed in connection
with the development of adjacent property; and
(10) The construction of a roadway through or adjoining an area that qualifies for protection as a
wildlife or natural area.
(b) Development shall not include:
(1) Work by a highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within the
boundaries of the right -of way;
(2) Work by any public utility for the purpose of inspecting, repairing, renewing or constructing,
on established rights -of -way, any mains, pipes, cables, utility tunnels, power lines, towers,
poles or the like; provided, however, that this exemption shall not include work by a public
entity in constructing or enlarging mass transit or fixed guide way mass transit depots or
terminals or any similar traffic generating activity;
(3) The maintenance, renewal, improvement or alteration of any structure, if the work affects
only the interior or the color of the structure or the decoration of the exterior of the structure;
(4) The use of any land for an agricultural activity;
(5) A change in the ownership or form of ownership of any parcel or structure; or
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(6) The creation or termination of rights of access, easements, covenants concerning
development of land or other rights in land.
Development plan, major means all new building construction over six hundred (600) square feet and
as further defined in Section 7.16.080.
Development plan, minor means all new building construction six hundred (600) square feet or less
and as further defined in Section 7.16.080.
Development plan, PUD means the written and graphical documents that detail the provisions for
development of a PUD development. These provisions may include and need not be limited to easements,
covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of
use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas and
parking facilities; and common open space and other public facilities as further defined in Section 7.16.060.
Director means the Director of the Community Development Department of the Town of Avon, as
such person is designated by the Town Manager.
District means a section or sections of the incorporated area of the Town for which the regulations
and provisions governing the use of building and land are uniform for each class of use permitted therein.
Drainage (system) means a built system of pipes, channels or trenches or finished grades utilized to
convey stormwater runoff.
Drive aisle means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the
parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer
service.
Drive-in use means an establishment which, by design, physical facilities, service or packaging
procedures, encourages or permits customers to receive services, obtain goods or be entertained while
remaining in their motor vehicles.
Driveway means a constructed vehicular access serving one (1) or more properties and abutting a
public or private road.
Dwelling means a building or portion thereof, used exclusively for residential occupancy, including
single-family dwellings, duplex and multi -family dwellings.
Dwelling, apartment means a room or suite of rooms in a multi -family structure that is arranged,
designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only.
Dwelling, duplex means a building occupied by two (2) families living independently of each other.
Dwelling, live/work means an attached dwelling unit that contains a commercial component of not
more than a specified percentage of the unit's gross floor area.
Dwelling, multi -family means a dwelling containing three (3) or more dwelling units, not including
hotels, motels, fraternity houses and sorority houses and similar group accommodations.
Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not
including mobile home, otherwise provided herein.
Dwelling, timeshare, interval ownership or fractional fee ownership means any parcel or lot of land or
condominium unit, whether fee interest, leasehold or contractual right, whereby more than four (4) persons
(ownership of an interest in joint tenancy by two [2] persons being considered one [1] person for the
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purpose of this Section) are entitled to the use, occupancy or possession of such lot, parcel or unit
according to a fixed or floating time schedule occurring periodically over any period of time (the use,
occupancy or possession by each person being exclusive of that by the others). Timesharing unit includes,
but is not limited to, a timeshare estate as defined in Section 38-33-110, C.R.S.
Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom
designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family
for living, cooking and sanitary purposes, located in a single-family, duplex or multi -family dwelling or
mixed -use building.
Eagle Valley means the area between Vail, Redcliff, and Dotsero; not including Burns, Bond, or
McCoy.
Easement means an ownership interest in real property entitling the holder thereof to use, but not
possession, of that real property for one (1) or more specific purposes, public or private.
Efficiency kitchen means a portion of a room within an accommodation unit or dwelling that may
contain a sink, refrigerator, dishwasher, microwave oven, cooktop, wet bar or similar facility but expressly
not a stove or oven. Stub -outs for natural gas, propane or 220-V electric hookups are not allowed.
Elevation means the external vertical plane of a building. Elevations are considered different if they
have different roof lines, building materials, details, color and overall stylistic expression.
Employee means a person employed in a building or on a property during normal periods of use.
Employee housing means that housing used exclusively for persons employed in Eagle County.
Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration
corridors, unique vegetation and critical plant communities and ridge lines.
EV means a vehicle that can be powered by an electric motor that draws electricity from a battery and
is capable of being charged from an external source or charger.
EVSE or electric vehicle supply equipment means the equipment or hardware used to supply
electricity to electric vehicles for the purpose of recharging their batteries (also known as electric vehicle
chargers, charging stations, or electric vehicle ports)
Family— see Household means an individual living alone or either of the fnllnuinn nrnnnc living
together as a single housekeeping unit and sharing GOmmon living, sleeping, Gooking and eatiing
faGI+ties:
(a) Any number group of related persons by blood, marriage, adoption, guardianship or other
duly authorized GUstodial relationship group of persons and not more than ene-M
additional personi
(b) Any unrelated group of persons subjeGt tO the OGGUpanGy limitations of two (2) adults per
bedroom, for a maximum of eight (8) adults and their nhildren e • or
(C) Not more than eight (8) developmentally disabled persons and appropriate st
OGGUpy*ng a dwelling unit and living as a single, nonprofit housekeeping U
Family child care home means a private residence in a single unit dwelling or dwelling unit in a
multiple unit dwelling for the purpose of providing care for not more than twelve (12) children, and operated
by a person who resides in the same dwelling unit, where the care is provided for periods of less than
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twenty-four hours of care per day fac#ity for child care in a place of residence of a family or person for
the purpose of providing lees than twenty -four-hour care for childrren under the age of eighteen (18)
homes,years who are not related to the head of suGh home. Family child care home may
homes,
other types of family Ghild Gare homes designated by rules of the State Department of So
. .
Farm animal means animals commonly raised or kept in an agricultural, rather than an urban,
environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus,
ostriches, donkeys and mules.
FEMA means Federal Emergency Management Agency.
Fence means enclosing framework for exterior areas, such as yards or gardens.
FHA means Federal Housing Administration.
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(a) The overflow of water from channels and reservoir spillways;
(b) The unusual and rapid accumulation or runoff of surface waters from any source; or
(c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other
debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as
earth carried by a current of water and deposited along the path of the current.
Flood Insurance Rate Map (FIRM) means an official map of a community on which the Federal
Emergency Management Agency has delineated both the Special Flood Hazard Areas and risk premium
zones applicable to the community.
Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the
FIRM as well as flood profiles for studied flooding courses that can be used to determine BFE for some
areas.
Floodplain or flood prone area means any land area susceptible to being inundated as the result of a
flood, including the area of land over which floodwater would flow from the spillway of a reservoir.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than a designated height. The statewide standard for the designated height used for all newly studied
reaches shall be one-half (0.5) foot.
Footprint, also called ground level footprint, means the outline of the total area which is covered by a
building's perimeter at ground level.
Foster care home means a facility that is certified by the County Department of Social Services or a
child placement agency for child care in a place of residence of a family or person for the purpose of
providing twenty -four-hour family care for a child under the age of eighteen (18) years who is not related to
the head of such home, except in the case of relative care.
Frontage means the portion of a lot that fronts on a public or private street.
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Functional open space means open space which is large enough to serve a practical purpose such as
recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance,
and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from
oil and gas wells or their appurtenances or other hazards to the public.
Garage, parking means a building or portion thereof, either public or private, used only for the parking
of motor vehicles.
Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock
falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features
unfavorable to development.
Government services, offices and facilities means an office or building of a governmental agency that
provides administrative and/or direct services to the public, such as, but not limited to employment offices,
public assistance offices or motor vehicle licensing and registration services.
Grade, existing means the existing topography of a site prior to construction and may include natural
or man-made conditions.
Grade, finished means the final elevation of the ground surface after development.
Grade, natural means the elevation of the ground surface in its natural state, before man-made
alterations.
Greenspace means a ground area or terrace area on a lot which is graded, developed, landscaped,
and equipped and intended and maintained for either active or passive recreation or both, available and
accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their
guests.
Grocery store, large means a retail establishment which primarily sells food, but also may sell other
convenience and household goods and which occupies a space greater than twenty-five thousand (25,000)
square feet. The term large grocery store is synonymous with supermarket.
Grocery store, small means a retail establishment primarily selling food, as well as other convenience
and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet.
Gross residential floor area (GRFA) means the total square footage of all horizontal areas in
residential structures existing on all levels of a structure, as measured to the outside face of the sheathing
of the exterior walls (i.e., not including exterior wall finishes) for single family, duplexes, and townhomes,
but not those residential units that have been condominiumized with common area being considered as the
exterior of these units. Floor area shall include, but not be limited to, stairwells at each level, lofts; storage
areas, basements and crawl spaces with a ceiling height of 5 feet or greater, and other similar areas. Non -
habitable garages; attics; ceilings vaulted or open to below spaces; storage areas, basements and crawl
spaces with a ceiling height of less than 5 feet; and roofed or covered decks, porches, terraces or patios
shall not be included as floor area.
Gross floor area (GSFJ means the total floor area designed for occupancy and use,
including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and
measured from the centerline of joint partitions and from outside wall faces.
Group home, developmentally disabled means a group home, licensed by the State, for the exclusive
use of not more than eight (8) developmentally disabled persons and the appropriate staff.
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Group home, elderly means an owner -occupied or nonprofit group home for the exclusive use of not
more than eight (8) persons sixty (60) years of age or older and the appropriate staff.
(a) Nonprofit group home means a group home for the aged which is owned and operated by a
person or organization as provided by 31-23-303, C.R.S., 1973.
(b) Owner -occupied group home means a group home for the aged which is owned and operated by
an individual or individuals who actually reside at and maintain their primary place of residence in
the group home.
Group home, mentally ill means a group home, licensed by the State, for the exclusive use of not
more than eight (8) mentally ill persons and the appropriate staff.
Guest house means an accessory structure which is physically detached from a single-family dwelling
unit, is serviced through the same utility meters or connections as the principal use and is intended for
temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking
facilities.
Habitable means any area designed for sleeping, living, cooking, dining, meeting or recreation as
applied to floor area.
Hard line drawing means an architectural or engineering drawing produced by the use of computer -
aided graphics or other mechanical implement, that does not represent free -hand drawing.
Highway corridor means the area within one thousand five hundred (1,500) feet of the rights -of -way of
the state highway.
Historic and/or cultural landmark means a site and/or structure designated as a historic landmark by
the Historic Preservation Committee and approved by the Town Council within the Town.
Historic Preservation Advisory Committee means a five -person advisory committee appointed by the
Council to make recommendations and findings regarding historic sites, structures or features in the Town.
Home occupation means an occupation or business activity which results in a product or service and
is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling
unit.
Home office means any occupation, profession or other activity that takes place in a dwelling unit and
is meant to produce income or revenue or any activity associated with a nonprofit group which:
(a) Does not produce noise audible outside the dwelling unit where such activity is taking place;
(b) Does not cause or require customers, delivery persons, employees or any person to enter the
property on which the dwelling unit is located;
(c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes or
county health regulations;
(d) Does not require or allow any signs to be visible from the outside of the property; and
(e) Does not change the appearance or residential character of the structure.
HomeoOwners association means the association set up to enforce the covenants and maintain all
common areas and buildings for a residential or commercial development (also known as ^,^,n L
oocnnia inn, coo also Drooeily QKnnro noonniagon) (Note: will be moved "0" upon approval)
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Hospital means an institution providing health services primarily for human inpatient medical or
surgical care for the sick or injured and including related facilities such as laboratories, out -patient
departments, training and central services facilities and staff offices.
Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group
of rooms used primarily for short-term transient lodging for a total continuous duration of less than thirty
(30) days and which may include accessory uses, such as offices, laundry facilities, recreational facilities,
lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses
commonly associated with hotels, motels and lodges.
Household means an individual living alone or any group of persons living together as a single
housekeeping unit and sharing common living, sleeping, cooking, ooking, and eating facilities, and includes:
(a) One or more persons who are or are not related by blood, marriage, adoption, or legal
quardianship that are living together in a dwelling unit;
(b) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a
dwellinq unit and livin as s a single, nonprofit housekeeping unit.
Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and
avoid overwatering.
Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials or a use engaged in storage of or manufacturing
processes using flammable or explosive materials or storage or manufacturing processes that potentially
involve hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation,
parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid
waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminals,
public works yard, container storage).
Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as
the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing,
research and scientific laboratories or the like. Light industrial shall not include uses such as mining and
extracting industries, petro-chemical industries, rubber refining, primary metal or related industries.
Infrastructure means those man-made structures which serve the common needs of the population,
such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention
areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails;
pedestrian sidewalks, paths or trails; and transit stops.
rable vehicle means a condition of beina iunked. wrecked. whollv or Dartiallv dismantled
discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally
built.
Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs and
shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent
parts function cooperatively.
Inter -neighborhood connection means connections (such as trails and roads) between
neighborhoods.
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Intra-neighborhood connection means connections (such as trails and roads) within the same
neighborhood.
Irrigation ditch or canal means a channel or pipeline designed to transport irrigation water.
Junk means any waste, scrap, surplus, or discarded material other than that classified by the State of
Colorado as sewage.
Junk vehicle, see "Inoperable".
Junk yard means a parcel of land, or portion thereof, used for the collecting, storage or sale of junk, or
for the dismantling or "wrecking" of automobiles or other vehicles or machinery, regardless, if such uses are
conducted as a business for profit or otherwise, but not including agricultural machinery or equipment
located on a property, for (agricultural) use on the same property.
Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming,
breeding, boarding, training or selling of animals is conducted as business.
Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person
or a family living independently of any other family, which contains a sink and a stove, cooktop or oven
powered by either natural gas, propane or 220-V electric hook-up.
Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking
food.
Landowner means any owner of a legal or equitable interest in real property and includes the heirs,
successors and assign of such ownership interests.
Landscape area means that portion of a parcel of land with any combination of living plants, such as
trees, shrubs, vines, ground cover, native grasses, flowers or lawns; natural features and nonliving ground
cover, such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works,
screen walls, fences and benches; but shall not include paved walkways or parking areas.
Landscaping means the treatment of land (other than buildings) for the purpose of enhancing or
protecting the amenities of the site and the area in which i+ is situated and innli i -, using vegetative
materials. stone. walls. fences. or similar.
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Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a
secondary means of access to the abutting lots and not intended for general traffic circulation.
Large retail establishment means a retail establishment or any combination of retail establishments in
a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area,
except that no supermarket shall be deemed to be a large retail establishment.
Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or Flood
Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of
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physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result
in the modification of the existing regulatory floodway, the effective BFEs or SFHA.
Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA shown on
the FIRM based on placement of fill outside the existing regulatory floodway.
Livestock means farm animals kept or raised for use, pleasure and/or profit.
Loading space means an off-street space or berth on the same lot with a building or contiguous
thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or
materials and which abuts upon a street, alley or other appropriate means of access.
Long-term care facility means any of the following:
(a) Convalescent center means a health institution that is planned, organized, operated and
maintained to offer facilities and services to inpatients requiring restorative care and treatment
and that is either an integral patient care unit of a general hospital or a facility physically
separated from, but maintaining an affiliation with, all services in a general hospital.
(b) Intermediate health care facility means a health -related institution planned, organized, operated
and maintained to provide facilities and services which are supportive, restorative or preventive
in nature, with related social care, to individuals who, because of a physical or mental condition
or both, require care in an institutional environment but who do not have an illness, injury or
disability for which regular medical care and twenty -four -hour -per -day nursing services are
required.
(c) Nursing care facility means a health institution planned, organized, operated and maintained to
provide facilities and health services with related social care to inpatients that require regular
medical care and twenty -four -hour -per -day nursing services for illness, injury or disability. Each
patient shall be under the care of a physician licensed to practice medicine in the State of
Colorado. The nursing services shall be organized and maintained to provide twenty -four -hour -
per -day nursing services under the direction of a registered professional nurse employed full
time.
Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat
recorded with the County Clerk and Recorder or when not so platted in a recorded subdivision, a parcel of
real property abutting upon at least one (1) public street and held under separate ownership.
Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean
waterline of a body of water.
Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings
compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage.
Lot depth means the average distance between the front lot line and the rear lot line.
Lot, double frontage means lots which front on one (1) public street and back on another.
Lot, flag means a lot so shaped and designed that the main building site area is set back from the
street on which it fronts and includes an access strip connecting the main building site with the frontage
street.
Lot line, front means the property line dividing a lot from a street.
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Lot line, rear means the line opposite the front lot line.
Lot line, side means any lot lines other than the front lot line or rear lot line.
Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot.
Lot width means the distance parallel to the front lot line, measured at the front building setback line.
Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the
building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped
lot as they are measured at different points on the lot.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used
for living purposes which includes working, storage, sleeping, cooking and eating or recreation, or any
combination thereof. This includes any floor that could be converted to such a use, such as a basement or
crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or
business. An unfinished or flood -resistance enclosure usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered a building's lowest floor; provided that
such enclosure is not built so as to render the structure in violation of the applicable non -elevation design
requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured home means a single-family dwelling which:
(a) Is partially or entirely manufactured in a factory;
(b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long;
(c) Is permanently affixed to and installed on an engineered permanent foundation;
(d) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and
(e) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent
requirements and performance engineering standards.
Marijuana club means an establishment that is not open to the general public and permits members of
the establishment to consume marijuana at the establishment.
Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a
marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such
facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i).
Medical marijuana business means the use of a property, or portion thereof, for the cultivation,
manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for medical
marijuana centers, manufacturing of medical marijuana -infused products, or optional premises, as such
terms are defined by Section 12-43.3-104, C.R.S., regardless of whether any such use described herein is
for profit or not for profit.
Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built
on a permanent chassis and which is designed to be transported on streets to the place where it is to be
occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards:
(a) Is at least twenty-four (24) feet wide and thirty-six (36) feet long;
(b) Is permanently affixed to and installed on an engineered, permanent perimeter foundation;
(c) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and
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(d) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements
and performance engineering standards.
Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique
natural features, environmental constraints and peripheral open space areas.
Native plant means an indigenous terrestrial and aquatic species that occurs naturally in a�au�ar
Avon's montane region, ecosystem, and habitat.
Natural areas means floodplains and flood ways, natural drainage and water ways, significant native
trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting,
breeding or feeding areas for birds; fox and coyote dens and any wetland area.
Non -developable means a delineated area as established by the Town where no development shall
occur without approval from the Town of Avon. Areas are physically undisturbed and in their present or
natural state. Exceptions to this provision may include access, utility, and drainage easements or similar
encumbrances, and wildfire or geologic hazard mitigation. (See also Development)
Nonconforming building means a building or structure, or portion thereof, that does not conform to the
regulations of this Code, but that was lawfully constructed under the regulations in force at the time of
construction.
Nonconforming use means a use that does not conform to the use regulations of this Code, but that
was lawfully established under the regulations in force at the time the use was established and has been in
regular use since that time.
Occupancy limitation means the maximum number of persons nnni Ipying eonh dwelling unit, net
eXG8ed'nq one person for a dwellin i M with between 150 and 250 square feet of habitable snare -,Plus
ene additional person fer-e_arh gdditlenal 100-square feet ef habitable spaGe-abeve 2_50 square feet, or, net
eXGeed'nq the maximum permitted by e annlinahle adopted Building Gode er safetY Gede er by any
housing nolir+ies or deed restrir++inns annlirahle to the dwellinn unit. who may occupy a dwelling unit shall
be calculated in accordance with Table 1004.5 of the Town's adopted International Building Code (IBC),
based on an occupant load factor of one (1) occupant per 200 gross square feet of finished floor area.
Gross square footage shall include all enclosed and conditioned residential living space within the unit,
excluding garages, crawl spaces, and unfinished basements.
Nothing in this section prohibits a property owner or landlord from establishing more restrictive
occupancy limits by private lease agreement, provided such limits comply with all applicable fair housing
laws.
Off-street parking area means all off-street areas and spaces designed, used, required or intended to
be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to
such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or
truck storage" use, storage areas for landscaping and other bulk items or public streets and rights -of -way.
Open space means any land or water area with its surface open to the sky, which serves specific
uses of: providing park and recreation opportunities, conserving natural areas and environmental
resources, structuring urban development form and protecting areas of agricultural, archeological or
historical significance. Open space shall not be considered synonymous with vacant or unused land but
serves important urban functions. Usable open space shall exclude areas used for off-street parking, off -
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street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other
hazards to the public.
Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material,
merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi-
trailers may not be used for residential or storage uses, except on construction sites.
Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial
land, that is subordinate to the larger parcel for access, parking and drainage purposes.
Owner means the owner of a real property interest which is the subject of and which would be
benefitted by a proposed development application. Owner shall include the fee title owner of record
according to the office of the Eagle County Assessor, by a legal title opinion or by a title insurance
commitment. Owner shall also include other persons who, by partnership, joint venture, contractual
relationship or other association, have a ten percent (10%) or greater equity interest in the property or in
the owner of record, or who have a contractual right to receive or obtain a defined portion of the property
upon approval of a development application by the Town.
Parcel means a tract or plot of land.
Park means an area open to the general public and reserved for recreational, educational or scenic
purposes.
Parking, commercial means a parking lot, structure or garage that does not provide accessory parking
to a specific building or use, is available for parking by the general public for a fee, may include reserved
parking spaces and which is owned by a private, nongovernmental entity.
Parking, public means a parking lot, structure or garage that is available for parking by the general
public and which is owned by the Town or a quasi -governmental entity approved by the Town or approved
by Eagle County.
P.E. stamped design means a design that is stamped, signed and dated by a Colorado registered
professional engineer.
Pedestrian scale (human scale) means the proportional relationship between the dimensions of a
building or building element, street, outdoor space or streetscape element and the average dimensions of
the human body, taking into account the perceptions and walking speed of a typical pedestrian.
Person means a natural person, association, firm, limited liability company, partnership or corporation
trust or other legal entity.
Personal services means establishments that orovide nonmedically related services, includina beau
and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic
readers; shoe repair shops; tanning salons. These uses maV also include accessory retail sales of products
related to the services provided
Phase means a portion of property that is being platted and engineered for development at the same
time.
Phasinq plan means a graphic and narrative document that displays the sequence and/or timing of
intended development.
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Plan means the map and supporting documentation for a development which includes, but is not
limited to, lots, blocks, easements, rights -of -way, pedestrian ways, park and school sites, open space areas
and conservation areas in accordance with the requirements of this Code.
Planned unit development (PUD) means an area of land, controlled by one (1) or more landowners, to
be developed under unified control or a unified plan and is developed as a whole in a single development
operation or programmed series of development stages. The development may include dwelling units,
commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for
which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other
restrictions to the existing land use regulations.
Planning and Zoning Commission or PZC means the Planning and Zoning Commission formed and
appointed by the Council in accordance with Chapter 7.12 of the Development Code.
Planning area boundary means the area surrounding the Town that the Town will consider annexing
and developing. The planning area boundary is delineated on the Land Use Map in the Town
Comprehensive Plan.
Plat means a map of certain described land prepared by a licensed surveyor in accordance with the
requirements of this Code and Section 38-5- 06, Title 38, Article 51 C.R.S. as amended, as an instrument
for the recording of real estate interests with the County Clerk and Recorder (also known as a subdivision
plat or condominium map, depending on the intent of the process).
Principal use means the main use of land or of a structure as distinguished from a subordinate or
accessory use.
Private property right means the rights of a property owner within the Town to use on their property
within the legal parameters set forth in this Code and subject to applicable state, federal and constitutional
law. Nothing herein guarantees any private property rights to develop in a particular manner except
pursuant to a valid vested right.
Proof of ownership means ownership as specified in a current title insurance commitment or policy or
certification of title, issued by a title insurance company licensed by the State of Colorado.
Property means all real property subject to land use regulation by the Town.
Property line means the boundary of any lot, parcel or tract as the same is described in the
conveyance of such property to the owner; and does not include the streets or alleys upon which the said
lot, parcel or tract abuts.
Property Management is a land use category for development that is a hybrid of a condominium and
hotel, by being operated as a commercial hotel even though the units are individually owned.
Public area means streets, parks, open spaces and other property designated or described as for
public use on a map or plat of the Town and fee title is vested in the Town, other public body or a special
district as defined in Section 32-1-103 C.R.S.
Public benefit means a benefit which promotes a goal, intent or policy of the Avon Comprehensive
Plan, a benefit which implements a public improvement identified in the Avon Capital Improvements Plan or
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a benefit which is realized by superior or innovative site design, building design or architecture which
substantially exceeds the Town's minimum design and development standards; and, which means a benefit
that is realized by the general public of the Avon Community.
Public facility means those constructed facilities, including but not limited to transportation systems or
facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities,
fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities and
publicly owned buildings or facilities.
Public hearing means a meeting called by a public body for which public notice has been given and
which is held in a place at which the general public may attend to hear issues and to express their opinions.
Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree
lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the
public.
Public open space means an open space area conveyed or otherwise dedicated to the municipality,
state or county or other public body for recreational or conservation uses. Public open spaces are to be
unencumbered by oil and gas wells, as well as their appurtenances or other hazards to the public.
Public school means a free, tax -supported school that is controlled and operated by the school district
of the State of Colorado
Public use means uses which are owned by and operated for the public by the Town, County, state or
federal governments or by school districts.
Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water,
wastewater or storm water service or similar public services, but shall not include railroads or other forms of
rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities.
Quasi -public means having the nature or characteristics of being public, but owned by a private,
nongovernmental or not -for -profit entity.
Recreational vehicle (RV) means a vehicular type unit primarily designed as temporary living quarters
for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by
another vehicle. The following shall be considered a recreational vehicle:
(a) Camping trailer or tent trailer means a folding structure, constructed of canvas plastic or similar
water repellent material designed to be mounted on wheels and designed for travel and
recreation.
(b) Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle
consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses
and constructed as an integral part of a self-propelled vehicle.
(c) Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck
chassis for use as a temporary dwelling for travel and recreation.
(d) Tent means a portable or temporary cover or shelter, with or without side panels, which is
supported by poles and is made of canvas, plastic or similar materials.
(e) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation.
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(f) Travel trailer, self-contained means a trailer which can operate independently of connections to
sewer, water and electric systems. It contains a water -flushed toilet, lavatory, shower or bath and
kitchen sink, all of which are connected to water storage and sewage holding tanks located within
the trailer.
Recycling facility, drop-off means a facility used for the collection and temporary storage of empty
beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes
conducted totally within an enclosed structure or container. This definition does not include processing
except for "can banks" that crush cans as they are deposited.
Recycling facility, indoor means the same definition as recycling facility, drop-off, but is entirely
located within a building or structure and may include sorting, crushing, separating, or similar.
Reflective surface means any material or device that has the effect of intensifying reflected light, such
as Scotchlight, Day-Glo, glass beads, untreated metal, and luminous paint.
Residential use means the use of a building or other structure as a dwelling.
Restaurant, drive -through means any establishment in which the principal business is the sale of
foods and beverages to the customer in a ready -to -consume state and in which the design or principal
method of operation of all or any portion of the business is to allow food or beverages to be served directly
to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.
Restaurant, fast food means any establishment in which the principal business is the sale of food and
beverages to the customer in a ready -to -consume state and in which the design or principal method of
operation includes the following characteristics:
(a) Food and beverages are usually served in paper, plastic or other disposable containers;
(b) The consumption of food and beverages is encouraged or permitted within the restaurant
building, within a motor vehicle parked upon the premises or at other facilities on the premises
outside the restaurant building or for carry -out; and
(c) Drive -through facilities are allowed, subject to review of traffic patterns, vehicle stacking areas
and entrance and exit locations.
Restaurant, standard means any establishment in which the principal business is the sale of food and
beverages to customers in a ready -to -consume state; where fermented malt beverages and/or malt, special
malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where
the design or principal method of operation includes one (1) or both of the following characteristics:
(a) Customers are served their food and/or beverages by a restaurant employee at the same table
or counter at which the items are consumed; or
(b) Customers are served their food and/or beverages by means of a cafeteria type operation where
the food or beverages are consumed within the restaurant building.
Re -subdivision means the changing of any existing lot or lots, street rights -of -way or easements of a
subdivision plat previously recorded with the County Clerk and Recorder.
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
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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.
Retention basin means a pond, pool or basin used for permanent storage of water runoff.
Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk,
railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for
another special use. The usage of the term right-of-way for land platting purposes shall mean that every
right -of way established and shown on a final plat is to be separate and distinct from the lots or parcels
adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights -of -way
intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving
maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is
established.
Sanitary facility means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the
service buildings containing these units.
Setback means the required unoccupied open space between the nearest projection of a structure
and the property line of the lot on which the structure is located, except on properties where the street
extends beyond the property line. In these instances the setback shall be measured from the edge of
asphalt or walkway, whichever is more restrictive.
Setback, front yard means the distance a building or structure must be placed from the front lot line.
Setback, rear yard means the distance a building or structure must be placed from the rear lot line.
Setback, side yard means the distance a building or structure must be placed from the side lot line.
Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by
pedestrians and/or bicyclists.
Sight distance triangle means the area at an intersection to be kept free of shrubs, ground covers,
berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall
not be planted in the triangular area.
Signiftan(w#dfife habitat and migration Gorr4dors means areas designated by the Colorado
Division of Wildlife andlor the Colorado Natural Diversity Information SourGe as areas of landSGape
that provide food, Gover and water SUffiGient to meet the needs of a given speGies to survive and
reprodUGe.
Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of
any existing or proposed buildings, the location of the lot in relation to abutting streets and other details
such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building
heights, floor areas, densities, utility locations and easements.
Site specific development plan means the final plat of a subdivision or final development plan of a
PUD (planned unit development) when approved by the Council pursuant to all applicable sections of this
Development Code.
Slope means the relationship of elevation or vertical measure as divided by the horizontal
measurement shall be expressed as a percentage as a means of quantifying the term slope.
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Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a
one -percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
Street means a public thoroughfare which affords the principal means of access to abutting property.
Streetscape means the distinguishing character of a particular street, within or adjacent to the public
right-of-way, including paved materials and the adjacent space extending along both sides of a street,
including landscaping, sidewalks, medians, lighting, street furniture and signage.
Self -storage means a building or group of buildings consisting of individual, self-contained units
leased to individuals, organizations, or businesses for self-service storage of personal property.
Storage, warehouse means facilities characterized by extensive warehousing, frequent heavy trucking
activity, open storage of material, and may be affiliated with nuisances such as dust, noise, and odors, but
not involved in manufacturing or production.
Structure means a combination of materials to form a construction for use, occupancy or
ornamentation, whether installed on, above or below the surface of land or water.
Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or
more lots, plots, sites or airspace units.
Subsidence means a local mass movement that involves the downward settling or sinking of the solid
earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal
mining.
Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before
start of construction of the improvement. The value of the structure shall be determined by the local
jurisdiction having land use authority in the area of interest. This includes structures which have incurred
substantial damage, regardless of the actual repair work performed. The term does not, however, include
either:
(a) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing
topographic contour intervals depicted at an engineering scale.
Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right
in front of the other and the front car cannot move until the back car is moved.
Temporary use means a prospective use intended for limited duration, is to be located in a zoning
district not permitting such use and shall not include continuing a nonconforming use or building.
Town Core means the central commercial core area of Town, including the areas zoned Town Center
(TC) and the adjacent parcels zoned Mixed -Use Commercial (MC), Neighborhood Commercial (NC),
Shopping Center (SC) and PUD, including certain residential parcels as shown. See the Town Core Map.
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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.
Trip, vehicle means a single or one-way vehicle movement to or from a property or study area. "Trips"
can be added together to calculate the total number of vehicles expected to enter and leave a specific land
use or site over a designated period of time.
Use means the purpose for which land or a building is designated, arranged or intended or for which it
either is or may be occupied or maintained.
USGS datum means United States Geological Survey basis of elevations.
Vacation club means a partnership, corporation, limited liability company or other legal entity that is
the record owner, as reflected in the records of the County Tax Assessor, of a building containing one (1) or
more units which meet the definition of dwelling, timeshare, interval ownership or fractional fee ownership,
and it permits possession of such dwelling by its members and/or guests of its members on a periodic basis
in consideration of such member's fractional ownership interest in the building or property or membership in
the entity.
Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses
and groundcover.
Vehicle major repair, servicing and maintenance means any building or portion thereof, where heavy
maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding
or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products.
Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises
or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor
cleaning, brake repair, car washing, detailing, polishing or the like are conducted.
Vested property right means the right to undertake and complete the development and use of property
under the terms and conditions of a site specific development plan, pursuant to Section 7.16.140, Vested
Property Right.
Walkable means a distance of one -quarter ('/4) mile or within a five- to ten-minute walk.
Walkway means:
(a) A right-of-way or easement dedicated to public use that is not within a street right -of way, to
facilitate pedestrian access through a property by means of a hard surface path.
(b) Any portion of a parking area restricted to the exclusive use of pedestrian travel.
Wholesale business means an establishment or place of business primarily engaged in selling and/or
distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users,
or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies. This is not considered a general commercial or retail use.
Wireless telecommunication equipment means any equipment used to provide wireless
telecommunication service, but which is not affixed to or contained within a wireless telecommunication
facility, but is instead affixed to or mounted on an existing building or structure that is used for some other
purpose. Wireless telecommunication equipment also includes a ground -mounted base station used as an
accessory structure that is connected to an antenna mounted on or affixed to an existing building.
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Wireless telecommunication facility means any freestanding facility, building, pole, tower or structure
used to provide only wireless telecommunication services and which consists of, without limitation,
antennae, equipment and storage and other accessory structures used to provide wireless
telecommunication services.
Wireless telecommunication service means services providing for the transmission of wireless
communications utilizing frequencies authorized by the Federal Communications Commission for paging
systems, enhanced specialized wireless telecommunication, personal communication services or cellular
telephone.
Zone district means a zone district of the Town as established in Chapter 7.20 of this Code, unless
the term is used in a context that clearly indicates that the term is meant to include both the zone districts of
the Town and the zone districts of an adjoining governmental jurisdiction, also referred to as zoning district.
Zoning Map means the official zoning map adopted by the Town by ordinance, as amended.
CHAPTER 7.16 Development Review Procedures
The proposed amendments to this section help clarify processes, brings consistency to the terms and
language used within this section, updates language reflecting modern best practices, and adds new or
missing processes like the amendment of the Town Core Boundary Map to Title 7.
7.16.010 Purpose
This Chapter contains regulations and the procedures for development applications. Section 7.16.020
below contains regulations that are generally applicable to all development application review procedures,
described in a series of sequential steps. The purpose is to establish uniform procedures for application
types to the extent possible. Subsequent sections identify the applicability of the common steps to specific
procedures, noting any differences between the common procedures and those for the specific procedure.
Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the
provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the
specific review and approval procedures of this Chapter, with Section references.
This area intentionally left blank
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Table 7.16-1: Development Review Procedures and Review Authority
R = Review/Recommendations; H = Public Hearing; D = Decision; A = Appeal; M = Mailed Notice
Procedure
Notice
Requirements*
Director
PZC
TC
Comprehensive Plan Amendment (§7.16.030)
R
H-R
H-D
Code Text Amendment 7.16.040
R
H-R
H-D
Town Core Bounda Map Amendment LkL16.0451
M
i=
i�
#
Rezoning 7.16.050
M
R
H-R
H-D
Planned Unit
Development
Administrative PUD
D
A
Minor PUD Amendment
M
R
H-R
H-D
(§7.16.060)
Lot Split PUD Amendment for
Wildrid e PUD
M
R
H-R
H-D
Major PUD Amendment
M
R
H-R
H-D
Preliminary PUD
M
R
H-R
H-D
Final PUD
M
R
H
H-D
Revocation
H C
Subdivision
(§7.16.070)
n4m;
Minor Subdivision
8
A
Preliminary Plan
I M
R
H-R
H-D
Final Plan
M
R
H-D
Development
Plan
Minor
D or R
H-D
A
Major
R
H-D
A
(§7.16.080)
Major in Town Core
R
H-R
H-D
Special Review Use 7.16.100
M
R
H-D
A
Temporary Use (67.24.080
H-D
Variance (§7.16.110)
M
R
H-D
A
Alternative Equivalent Gem 4a-PGe Design §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
Minor
D or R
H-D
A
(§7.16.160)
Major
R
H-D
A
Development Bonus 7.16.170
M
R
H-R
H-D
Appeal 7.16.180
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)
(Ord. 22-15 , § 2(Exh. A), Ord. 21-09 §3; Ord. 18-19 , §4; Ord. 17-05 §4; Ord. 2015-11 §2; Ord. 14-09 §2 ; Ord. 13-14 §2; Ord.
13-09 §2)
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7.16.020 General Procedures And Requirements
The following procedures shall apply to all development applications which are reviewed under this
Chapter.
(a) Step 1: Pre -application Conference. A pre -application conference is required for all development
applications unless waived by the Director. The pre -application conference serves to assist the
applicant with (1) identifying information which must be provided for a complete development
application, (2) understanding the development application review process, (3) identifying appropriate
referral agencies for review and comment, (4) achieving compliance with development standards,
understanding relevant planning issues and (5) determining appropriate fees. The Director may include
other Town representatives in the pre -application conference as deemed appropriate.
(1) The applicant shall provide sufficient information to the Director at least five (5) business days prior
to a scheduled pre -application conference, unless such time frame is waived by the Director.
(1) Minimum information shall include applicant information, property description, description of
the proposed development or nature of the development application and conceptual site plans
or drawings which illustrate the nature of the development application.
'ii The Director may determine that the information provided is insufficient and request additional
information.
If the applicant fails to provide sufficient information for a pre -application meeting and seeks to
proceed with the application process, the Director may notify the PZC and Council of the lack
of adequate information submitted at the pre -application conference.
The Director may provide a written letter after the pre -application conference summarizing
application submittal requirements, review procedures, development standards, planning
issues and required fees. The informal evaluation of the Director and staff provided at the pre -
application conference are not binding upon the applicant or the Town. Critical issues relevant
to a development application may not be apparent at the pre -application conference and may
require additional review, submissions or studies later in the application process.
(b) Step 2: Application Submittal.
(1) Applicant. The owner of real property or authorized representative of the owner with a properly
acknowledged power of attorney, may submit a development application. No development
application shall be received for processing or approved and no application for a building permit
shall be granted, when the applicant is in default under any related or unrelated agreement or
obligation to the Town.
(2) Application Submittal Requirements. The applicant shall submit the application to the Director.
Application submittal requirements for every application type shall be available establisher! hi +he
DoreGtor on submittal forms available On the Administrative Manual from the Department Gf
Community Development-Gr on the Town's website.
i} The Director may adopt standards and requirements for three-dimensional electronic and
graphic information for application submittal requirements.
The Director may waive submission requirements where appropriate to specific applications;
however, the waiver of any submission requirement shall not preclude the Planning and
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Zoning Commission or Town Council from requiring such information where deemed
necessary for evaluation of the development application with the applicable review criteria.
The minimum submittal requirements for all applications shall include:
(WA. Completed application forms;
O+g. Owner's signature or an acknowledged power of attorney if the owner has authorized
an agent or representative to act as the applicant;
WC. An electronic Title ,ns ec GCommitment which has been updated dated
within sixty (60) days of the application. If the Title Commitment does not contain live
document links, a copy of the Commitment submittal shall be accompanied ak g with
copies of all documents listed in the Exceptions;
(4Q. Legal description of the property subject to the development application;
( E. Development application review fees; and
WF. Recent Survey executed no more than three (3) years eW (r stamped by a surveyor
licensed in the State of Colorado. The preferred survey type (minimum) includes a plat,
Information Location Certificate (ILC), or Alta. Survey must reflect current conditions of
the subject property.
G. For Subdivision applications: Closing calculations, as supplied by the applicant surveyor.
(3) Required Studies and Reports. Reports or studies may be necessary to adequately evaluate the
development application for compliance with the review criteria. Such reports include but are not
limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts
and/or environmental impacts. The applicant shall furnish the reports or studies needed at the
applicant's sole expense. The Town may require independent peer review of any report or study
provided by the applicant.
La. The applicant and the Town may agree to retain a mutually acceptable consultant to prepare a
report or study, which cost shall be paid by the applicant. All required reports or studies shall
be executed by professionals or other persons qualified to provide the requested reports. The
form and content of reports or studies may be established by the Director and set forth in the
Administrative Manual.
(4) Concurrent Review Permitted. Where multiple development applications concern the same
property, the Director may permit concurrent review of the development applications for efficiency
and practicality.
(5) Multiple Applications. A single property shall not be permitted to have more than one (1) application
of the same type being processed concurrently.
(6) Fees. Fees shall be paid in accordance with Section 7.04.100, Fees.
(c) Step 3: Application Processing.
(1) Determination of Completeness. A development application shall be reviewed for completeness by
the Director within ten (10) business days after r,eGeipt acceptance of an application. If the
application is determined to not be complete, then a written communication shall be promptly
provided to the applicant indicating the specific deficiencies in the application. The determination
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that an application is complete or the failure to determine an application is incomplete within ten
(10) days shall not preclude the Town from requiring information which is necessary and relevant
to evaluate the development application for compliance with the review criteria. A determination by
the Director that the application is incomplete may be appealed to the Town Council in accordance
with the procedures in Section 7.16.180, Appeal.
(2) Referral to Other Agencies. Development applications may be referred to other agencies for review
and comment.
i; 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.
(i''), Referral of development applications to other agencies shall provide a minimum time frame for
review and comment of fourteen (14) days for development plans, 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:
R .Any utility, local improvement or service district or ditch company, when applicable;
R13. The Colorado Department of Transportation when the proposed development is adjacent
to or in sufficient proximity to affect a right-of-way, interchange or other facility;
(a+i 1I.
The Colorado Geological Survey for findings and recommendations pertaining to
geologic factors, including geologic hazards, mineralized areas and sand and gravel
areas that would have a significant impact on the proposed use of the land; and
Mp, Any other agency concerned with a matter or area of local interest that could be affected
by the application.
(3) Staff Review and Report. The Director shall review the application in accordance with the criteria
established in this Chapter and shall prepare written findings of fact. If authorized as the decision -
making authority, the Director shall inform the applicant in writing of the findings and determination.
If not authorized as the decision -making authority, the Director shall prepare a recommendation
and submit the recommendation and findings to the appropriate review and decision -making
authority.
(4) Required Processing. Applicants shall be required to continuously and diligently pursue their
development applications, which shall include responding in a timely manner to staff comments
and requests. An applicant which fails to respond to staff comments or requests for a period of four
(4) months shall be administratively withdrawn by the Director unless the Director determines that
good cause exists to extend the application time frame and approves such extension in writing.
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(d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning and Zoning
Commission and Town Council.
(1) Published and Posted Notice. Notice shall be published in a newspaper of general circulation
within the Town and posted in the designated official places of posting by the Town at least eleven
(11) days prior to the hearing date.
(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 -for
development applications including preliminary subdivision, planned unit
development, major planned unit development amendments, rezoning, and 1041 permits, as
measured from the boundary of the property; or
(ii) For procedures that require mailed notice, notice shall be sent by first-class mail to all real
property owners within one hundred 000) feet of the property wReh is the s hieGt of ale&&
einnifor development applications including special review use, temporary use, variance,
minor planned unit development amendments, or Wildridge Lot Split Amendments, as
measured from the boundary of the property.
iii If a property within the applicable mailing radius three hundred (400feet thatreguiringes
notification is a commercial condominium project or similar, notice may be mailed to the
managing agent, registered agent, owner's association, or any member of the board of
directors of the project.
iv Mailed notice shall be postmarked at least eleven (11) days prior to the meeting.
M 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 -ion of mailing
affidaO in the public record. Mailed notice shall be required for applications as noted in Table
7.16-1.
(3) Notice Content. Every required form of notice shall state the time and place of the hearing, the
name of the applicant, a general description of the subject property indicating its location (which
shall be shown by map within mailed notices only, made available upon request by Director), a
brief summary of the subject matter of the hearing, a description of the proposed development, a
statement that the application or information relating to the proposed change or amendment is
available in the Director's office during regular business hours for review or inspection by the
public, and, a statement that written comments may be submitted to the Community Development
Department or the Town Clerk. All required notices shall be approved by the Director prior to
posting or distributing.
(4) Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable
notice requirements. Minor defects in notice shall be limited to errors in a legal description or
typographical or grammatical errors that do not impede communication of the notice to affected
parties. In all cases, however, the requirements for the timing of the notice and for specifying the
time, date and place of a hearing shall be strictly construed. Any person who appears at a public
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hearing is deemed to have received constructive notice and waived any grounds to challenge
defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing
or decision -making body shall make a formal finding as to whether there was substantial
compliance with the notice requirements of this Code. When the records of the Town document the
publication, mailing and posting of notices as required by this Section, it shall be presumed that
notice was given as required by this Section. If the reviewing or decision -making body takes action
to continue a hearing to a future specified date, time and location, then constructive notice is
deemed to have been provided for such continued hearing date and additional notices shall not be
required.
(e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town
Council after a complete application has been received, and Town staff has completed Town staff
review and referral agencies have had an opportunity to provide comments.
(1) The Director may delay the scheduling of a public hearing to a subsequent meeting where an
agenda of the PZC or Town Council is full.
A complete application shall be scheduled for an initial public hearing within seventy-five (75) days
after the date that the application is determined to be complete unless the applicant consents to
scheduling the public hearing on a later date.
The PZC or Town Council may continue a public hearing on its own initiative for a maximum of
sixty-five (65) days after the date of the initial public hearing without the consent of the applicant.
The PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the
consent of the applicant.
The reviewing authority shall have thirty-five (35) days after the close of a public hearing to issue
written findings in accordance with Paragraph 7.16.020(f)(3) and adopt a written final record of
decision.
(f) Step 6: Review and Decision. The following rules shall apply to review, recommendations and
decisions conducted at public hearings:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to
administratively approve a development application. The reviewing authority shall be the PZC
and/or Town Council for all development applications which are subject to public hearing. The
reviewing authority shall review development applications for compliance with all relevant
standards and criteria as set forth in the specific procedures for the particular application in this
Development Code, as well as the following general criteria which shall apply to all development
applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority
to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated by
the development application.
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(2) Authority to Require Additional Studies. If the reviewing authority finds that the submittal
materials are not adequate to evaluate the development against the review criteria, it may
require additional studies as necessary. In doing so, the reviewing authority shall indicate the
specific consequences or concerns for which the standard submittal requirements fail to provide
adequate means of evaluation and the data or information needed for proper evaluation. The
results of any study or analysis shall not dictate either approval or disapproval of the proposed
project.
(3) Findings. The reviewing authority shall adopt written findings which document that a
recommendation or decision is based upon a determination of whether the development
application complies with the applicable review criteria. The written findings shall state the
conditions or mitigation.
(4) Conditions. The reviewing authority may recommend approval or may approve a development
application with conditions where such conditions are deemed necessary to ensure compliance
with the applicable review criteria and the purpose and intent of this Development Code.
Conditions shall be in written form and attached to the approved plan, plat or permit. Conditions
may include specific time limits for performance of any condition. Conditions may include
financial performance guarantees from the applicant where the condition requires improvements
for mitigation, where deemed necessary to public health, safety or welfare or where deemed
necessary to protect adjacent property or public infrastructure. Financial performance
guarantees shall be in the form of an agreement which is acceptable to the Town and shall be
executed by the applicant.
(5) Final Decision. A decision by the Director or the PZC shall become final unless a written appeal
is timely submitted to the Town in accordance with Section 7.16.180, Appeal. The date of the
decision shall be the date that the reviewing authority renders a decision. The Town shall man!
the written findings and notifiGation of deGision to the appliGant within five (5) working
days of the derision of the reviewing authority. The Town Council reserves the authority to
render a final decision on all decisions rendered under this Development Code, and only a
decision of the Town Council may be subject to legal challenge. The failure to timely submit a
written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any
right to legally challenge such decision.
(g) Termination of Approval. All development approvals shall expire and become void two (2) years after
the date of the approval if a building permit has not been issued prior to the expiration date, except
when a different duration is specified in the development approval, a different duration is specified in
the specific procedures for the development approval or a request for extension is approved by the
reviewing authority which granted the original development approval. The owner shall submit a written
request for an extension to the Director prior to the expiration date and shall state the reasons and
circumstances for such extension request. The Director and the PZC may provide one (1) extension
for a maximum of one (1) year. The Town Council may provide multiple extensions and may provide
extensions greater than one (1) year.
(Ord. 21-09 §4; Ord. 18-19 , §5; Ord. 13-14 §2; Ord. 13-09 §2; Ord. 11-04 §4; Ord. 10-14 §3)
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7.16.030 Comprehensive Plan Amendment
This Section sets forth procedures for reviewing proposed amendments to the texts and maps of the
Avon Comprehensive Plan, or when adopting sub -area or related/specific area plans that contain
recommendations or guidance in more detail than offered in the generalized Comprehensive Plan. The
amendment process is established in order to provide flexibility in response to changing circumstances, to
reflect changes in public policy and to advance the general welfare of the Town.
(a) Review Procedures. Applications to amend the Avon Comprehensive Plan shall follow the general
review procedures set forth in Section 7.16.020, General procedures and requirements. Applications
to amend the Comprehensive Plan may be initiated by the Town Council, any registered voter of 'in
the Town, or any property owner in the Town.
(b) Review Authority. The PZC shall review applications for amendments to the Avon Comprehensive
Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The
Town Council shall render the final decision on an application to amend the Avon Comprehensive
Plan after conducting a public hearing. Amendments to the Avon Comprehensive Plan shall be
approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall _use the following review criteria to review a
Comprehensive Plan Amendment. While these considerations are not definitive criteria, they can
serve as the basis for recommendations and decisions on applications to amend the Avon
Comprehensive Development Plan:
(1) The surrounding area is compatible with the land use proposed an the plan amendment of
the proposed land use provides an essential publiG benefit and other locations are not
feasible or praGtiGal•
f
The land use as proposed in the Plan amendment is compatible with the surrounding area;
(2) Transportation services and infrastructure have adequate current capacity or planned capacity,
to serve potential traffic demands of the land use proposed in the plan amendment, if applicable;
(3) Public services and facilities have adequate current capacity or planned capacity to serve the
land use proposed in the plan amendment, if applicable;
(4) The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered appropriate;
(5) Strict adherence to the current plan would result in a situation neither intended nor in keeping
with other key elements and policies of the plan and current planning and community trends;
(6) The proposed plan amendment will aligns or is in conformance with the applicable
purposes stated in this Development Code;
(7) The proposed plan amendment will consistentlV promote the health, safety or welfare of the
Avon Community and will he Gonsistent with the general goals and policies of the Avon
Comprehensive Plan,_
(8) The proposed amendment provides a proposed land use that offers an essential or effective
public benefit; and
(9) The proposed land use is more suitable in the proposed location than elsewhere in Avon.
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(Ord. 13-09 §2; Ord. 10-14 §3)
7.16.040 Code Text Amendment
The Town Council may amend the text of the Development Code, including the adoption, modification
or replacement of appendices to the Development Code, pursuant to this Section. The purpose of a code
text amendment is to address changed conditions, unintended consequences or changes in public policy,
to advance the general welfare of the Town.
(a) Review Procedures. Applications to amend the text of the Development Code shall follow the general
review procedures set forth in Section 7.16.020, General procedures and requirements. Applications
to amend the text of the Development Code may be initiated by the Town Council, any property owner
within the Town or any registered elector within the Town.
(b) Review Authority. The PZC shall review applications to amend the text of the Development Code and
shall provide a recommendation to the Town Council after conducting a public hearing. The Town
Council shall render the final decision on an application to amend the text of the Development Code
after conducting a public hearing. Amendments to the text of the Development Code shall be
approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for
recommendations and decisions on applications to amend the text of the Development Code:
(1) The text amendment promotes or supports the health, safety and general welfare of the Avon
community;
(2) The text amendment promotes, supports, or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes, supports, or implements the purposes stated in this
Development Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts or other social or economic conditions.
(Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3)
7.16.045 Town Core Boundary Overlay (NEW)
This Section sets forth Drocedures for reviewina Droaosed amendments to the official Town Core
boundary n4ap overlay zone district. The amendment process is established to provide flexibility in
response to changing circumstances or rezonings, changes affecting Short Term Rental areas, or to reflect
changes in public policy.
(a) Review Processdures. Applications to amend the Town Core boundary overlay shall follow the
general review procedures set forth in Section 7.16.020, General procedures and requirements and
7.16.050 Rezoning procedures and Review Criteria. Applications to amend the Town Core boundary
overlav may be initiated by the Town Council. or any DroDerty owner with contiauous DroDerty to the
Town Core
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(e b) Town Core Map Boundary. A mop ne larnnr than 8.5 inGhes v 11 innhes delineatinn +hn The Town
Core boundary shall be adopted by the Town Council as the official boundary for this area of Avon.
This map boundary shall consistently show all properties within this area, and those outside of this
area within the limits of the Town of Avon. The neap- boundary shall be readily available for public
viewing online or available for the public, upon reque,&t.
(1) Administrative updates to the official Town Core boundary in response to the rezoning of
properties that are not within Town Core are allowable by the Community Development Director
at any time.
7.16.050 Rezonings
The boundaries of any zone district may be changed or the zone classification of any parcel of land
may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer
special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are
necessary in light of changed conditions or changes in public policy or that are necessary to advance the
general welfare of the Town.
(a) Review Procedures. Applications for a rezoning shall follow the general review procedures set forth in
Section 7.16.020, General procedures and requirements. Applications for rezonings may be initiated
by the Town Council or the property owner and may not be initiated by any other person.
(b) Review Authority. The PZC shall review applications for rezonings and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town Council shall
render the final decision on an application for rezonings after conducting a public hearing. Rezonings
shall be approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for
recommendations and decisions on applications for rezonings:
(1) EvidenGe The proposed rezoning is in substantial compliance with the applicable purpose
statements of the Development Code;
(2) Consistency With the Avon COMPFelhensive Plan;
The proposed rezoning is in substantial conformance with the goals, policies, and intents of the
Avon Comprehensive Plan;
(3) The Rphysical suitability of the land for the proposed development or subdivision is sufficient, if
rezoned;
(4) The rezoning is Cornpatibilaty compatible with surrounding land uses;
(5) Whether the proposed rezoning is justified addresses by changed or changing conditions in the
character of the area proposed to be rezoned;
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(6) Whether there are adequate fac;ilities available to serve development for the type and
sc;ope suggested by the proposed zone Gompared to the existing zoning, whole Maintain
adequate levels of service to existing development,
Whether the public facilities available to serve development permitted by the new zoning or the
proposed development for the type and scope suggested by the change in zoning remains
adequate wok-maintaininn s, iffi6ent and does not decrease the levels of service to neighboring or
existing development, as GeMpared t„ the exis inn znnigg
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon
the natural environment, including air, water, noise, stormwater management, wildlife and
vegetation, or, such impacts will be substantially mitigated;
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
(10) IF i0thin an existing PUD, consistenGy with the relevant PUD Master Plan as
reflerterl in the approval of the applicable DI Ill• and
,
(10) The proposed rezoning addresses a demonstrated community need or otherwise results in one or
more public benefits that offset potential development impacts, including, but not limited to,
Community Housing, childcare facilities, transportation or public infrastructure improvements...; and
(11) Adequate mitigation is required for rezoning appliGations whiGh result on greater intensity
of land use or OnGreased demands on publoG faGilities and infrastruOure.
11 The proposed rezoning is suitable within the Wildfire Urban Interface (WUI) and does not increase
the hazard potential of in an areas or on properties„ with sinnificant wildfire potential
with or without mitigation.
(d) Mitigation. Rezoning applications which propose a greater intensity of land use or increased demands
on public services or infrastructure, or affect property with potential geologic hazards. shall be
required to provide adequate mitigation of such impacts. Greater intensity of land use or increased
demands on public facilities and infrastructure shall include, but are not limited to: transportation,
water, sewer, schools, emergency services, police, parks and recreation, medical and library.
Adequate mitigation may include providing dedications of land or cash -in -lieu for the proportionate
share of capital investment in public facilities and infrastructure related to the potential incremental
increase of demand created from the existing zoning classification to the proposed zoning
classification.
(Ord. 13-14 §2; Ord. 10-14 §3)
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7.16.060 Planned Unit Development (PUD)
(a) Purpose. This Section is intended to allow flexible development patterns that permit customization of
the standards or requirements, or land uses that are not specifically provided for in this Development
Code resulting in a unique development benefitting Avon. It is the purpose of this Section:
(1) To promote and permit flexibility that will encourage innovative and imaginative approaches in
land development and renewal that will result in a more efficient, aesthetic, desirable and
economic use of land while maintaining density and intensity of use consistent with the
applicable adopted plans, regulations and policies of the Town;
(2) To promote development within the Town that can be conveniently, efficiently and economically
served by existing local utilities and services or by their logical extension;
(3) To promote design flexibility, including placement of buildings, use of open space, pedestrian
and vehicular circulation systems to and through the site and off-street parking areas in a
manner that will best utilize potential on -site characteristics such as, topography, geology,
geography, size and proximity;
(4) To provide for the preservation of historic or natural features where they are shown to be in the
public interest, including but not limited to such features as: drainage ways, floodplains, existing
topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures;
(5) To provide for increase the compatibility with the area surrounding the project site;
(6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths,
playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating
areas, outdoor picnic areas and similar open space;
(7) To minimize adverse geologic hazards or environmental impacts of development;
(8) To improve the design, quality and character of new development; and
(9) To provide compensating community benefits to offset any impacts of the development and in
recognition of design flexibility.
(b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply for PUD
approval.
(1) Property Eligible. All properties within the Town are eligible to apply for PUD approval.
(2) Consistency With Comprehensive Plan. The proposed development shall be consistent with the
Avon Comprehensive Plan.
(3) Consistent With PUD Intent. The proposed development shall be consistent with the intent and
spirit of the PUD purpose statement in Subsection 7.16.060(a).
(4) Compatibility With Existing Uses. The proposed development shall not impede the continued
use or development of surrounding properties for uses that are permitted in the Development
Code or planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future residents
and the Town as a whole through the establishment of a PUD, where such benefit would
otherwise be infeasible or unlikely.
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(6) Preservation of Site Features. Long-term conservation of natural, historical, architectural or other
significant features or open space will be achieved, where such features would otherwise be
destroyed or degraded by development as permitted by the underlying zoning district.
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with
all applicable regulations of the Development Code, to adequately serve the needs of all
permitted uses in the PUD projects and to ensure compatibility between uses and the
surrounding neighborhood.
(c) Dimensional and Development Standards. The following dimensional and development standards
shall apply to all PUDs.
(1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone
district. If there is no underlying zone district, one shall be established prior to or concurrently
with a PUD approval. The rezoning process set forth in Section 7.16.050 shall be used to
establish the underlying zone district.
(2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted, accessory or
special review uses in the underlying zone district.
(3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD projects.
(d) General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and 2) the
final PUD. The final PUD can only be filed with the Town for review and processing after the
preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a
PUD in the office of Community Development shall not constitute the effective dedication of
easements, rights -of -way or access control, nor shall the filed PUD plan neither be the equivalent of
nor substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are
outlined below.
Coordination With Subdivision Review
property,Garroed out c;onrurrently with the review of PUD development plans under this Sec;tion. if
subdivision approvall is required for the subjec;t
Code, the PUD plans required under
this Sec;toon shall be submitted an a form that satisfies the requirements for preliminary
and final subdivision plat -a. . . .1 1 . . . ; of this SeGtiOn G0nfIiGt with the
the more restriGtive or
detailed requirements shall be met, unless speGffifffic;ally altered by the Town Counc;ffil.
Where subdivision approval will be required to implement development in a proposed PUD, the
applicant shall file a single preliminary PUD plan incorporating the application requirements of
both the PUD and subdivision preliminary plans. G^n^t-sSubdivision review as required
under Section 7.16.070 should be carried out concurrently with the review of PUD development
plans, under this Section. Application materials shall be submitted in a form that satisfies the
requirements for preliminary and final subdivision plat approvals. If any provisions of this Section
conflict with the subdivision procedures or standards of this Development Code, the more
restrictive or detailed requirements shall be met unless specifically altered by the Town Council.
(e) Procedures for Preliminary Planned Unit Development. The general procedures set forth in Section
7.16.020 shall apply to preliminary PUD applications. Where subdivision approval will be requk-ed
to implement development in a proposed PUD, the appliGant shall file a single preliminary PUD
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ATTACHMENT A
plan the appliGation requirements of both the PUD and subdivision prelimina-r-y
"lam The provisions and procedures for public notice, hearing and review for a PUD as prescribed
in this Section shall apply to the complete application.
(1) Preliminary PUD Master Plan and Guide Required. The application for PUD rezoning shall
include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD
plan to provide an opportunity for the approving bodies to make informed decisions and evaluate
compliance with the applicable approval criteria. The plan shall include, at a minimum:
(i) A quantitative summary of existing conditions on the subject property;
(ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a
special review use permit and a list of temporary uses;
(iii) Parking analysis based on proposed uses;
(iv) Density of uses proposed;
(v) Location of public and private open space;
(vi) Location of existing and proposed buildings on the site;
(vii) Road, street and pedestrian networks proposed;
(viii) Drainage facilities;
(ix) Existing or proposed utilities and public services;
(x) If development is to be phased, a description of the phase components and timing;
(xi) A statement that development on the site will meet applicable standards of the underlying
zoning district and this Development Code or a statement specifying the standards of the
underlying district and this Development Code to which modifications are proposed and the
justification for such modifications; and
(xii) A statement specifying the public benefits to be contained in or associated with the PUD.
xiii Identification of any geologic hazards that maV require mitigation.
(2) Notice. Where subdivision approval will be required to implement development in a proposed
PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be
combined and shall run concurrently with the PUD public notice and hearing requirements.
(3) Reviewing Authority. The PZC shall review -a preliminary PUD applications and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town Council shall
review and render a final decision on a preliminary PUD application after conducting a public
hearing. Unless otherwise approved by the Town Council, approval of a preliminary PUD
application shall vest no rights to the applicant other than the right to submit a final PUD
development plan.
(4) Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for
a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD
plan or nrenecc a PUD amen dmer.t:
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(i) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or
incorporates creative site design such that it achieves the purposes of this Development
Code and represents an improvement in quality over what could have been accomplished
through strict application of the otherwise applicable district or development standards.
Such improvements in quality may include, but are not limited to: improvements in open
space provision and access; environmental protection; tree/ vegetation preservation;
efficient provision of streets, roads and other utilities and services; or increased choice of
living and housing environments;
(ii) The PUD rezoning will promote the public health, safety and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code and the eligibility criteria outlined in Subsection 7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and
fire protection and sewage and waste disposal, as applicable) will be available to serve the
subject property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future
uses on other properties in the vicinity of the subject tract.
(5) Submission Deadline for Final PUD Master Plan. Within six (6) months following approval of the
preliminary PUD plan, the applicant shall initiate the second stage of the application process by
filing with the Director a final PUD plan and subdivision plat if necessary applicable, containing
in final form all the information required in the preliminary PUD plan, along with such other
documents as may be necessary to implement the plan or to comply with all applicable
requirements of this Development Code. Upon written request by the applicant prior to the
application lapsing, the Planning and Zoning Commission, for good cause, may extend the
period for filing the final PUD plan for a period not to exceed six (6) months.
(f) Procedures for Final Planned Unit Development Plan Approval. The general procedures set forth in
Section 7.16.020, General procedures and requirements, shall apply to final Planned Unit
Development Plan applications subject to the following exceptions and additions:
(1) Pre -Application Conference. A pre -application conference shall be required, unless waived by
the Director.
(2) Contents of the Final PUD Master Plan. The final PUD master Plan shall contain all of the
materials included in the preliminary PUD development plan, together with revisions, if any, that
may be approved by the Planning and Zoning Commission without an additional public hearing,
as described in Subparagraph b. below. In addition to the materials required in the
administration manual, the final PUD master plan shall include the following:
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(i) Phasing Program. A document describing any proposed phasing program of the
development for all structures, recreational and other common facilities and open space
improvements, including time schedule for commencement and completion dates of
construction of each phase. Intermediate phases shall not exceed overall project density,
and a pro rata allocation of common open space shall be made as each phase is
developed.
(ii) Common Open Space Agreement. A copy of the formal agreement with a public agency or
private association for the ownership and maintenance of the common open space is
required.
(iii) Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of vacation
that may be a necessary part of the PUD rezening is required.
(iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting
development or construction upon the tract as a whole to such development and
construction as shall comply with the final PUD development plan as approved by the
Town Council, which document shall include a provision granting the Town a right to
enforce the same. Covenant examples may include, Development Agreements, Public
Improvement Agreements, plat notes, or similar type documents.
(3) Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the location,
siting and height of structures, streets, driveways and open spaces may be authorized by the
PZC to be included in the final PUD master plan in accordance with the following procedure
without additional public hearings, if such changes are required by engineering or other
circumstances not foreseen at the time the preliminary PUD development plan is approved. No
change authorized by this Subsection may cause any of the following:
(i) A change in the use or character of the development;
(ii) An increase by more than one percent (1 %) in the overall coverage of structures;
(iii) An increase in the density or intensity of use;
(iv) An increase in the impacts on traffic circulation and public utilities;
(v) A reduction of not more than one percent (1%) in approved common open space.
(4) Reviewing Authority. The PZC shall review all final PUD Plan applications and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town Council shall
review and render a final decision on a final PUD Plan application after conducting a public
hearing.
(5) Review Criteria. The PZC and the Town Council shall review the final PUD deyelopmen+, aid
plan, and PUD rezoning applications according to the same approval criteria listed above for
preliminary PUD development plans.
(g) Recordation. The applicant shall record the approved final PUD Plan, as approved, in the office of the
Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD
Plan is not recorded, the approval of the Town Council shall be deemed to have been withdrawn and
the approval shall be null and void.
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(h) Amendments to a Final PUD Plan. Unless a final PUD plan contains different amendment procedures,
amendments to a final PUD Ilan are governed by this subsection. The PUD amendment process is
dependent on the type of amendment A PUD amendment may be initiated by the Town Council; or,
the PUD developer, declarant, or orooerty owner(s) authorized to act under the oovernina PUD
agreement, covenants, or other recorded instruments, including any entity that retains amendment
rights or development control pursuant to such documents.
(1) PUD Amendment Categories. Categories of PUD amendments are established and defined as
follows for the purpose of determining the appropriate review procedure:
(i) Administrative Amendment. A proposed PUD amendment is considered administratively if
it provides for the correction of any errors caused by mistakes that do not materially alter
the substance of the final PUD development plan as represented to the Town Council.
(ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the
following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of
nonresidential land use or significantly alter any approved building scale and mass of
development.
(B) The PUD amendment does not change the character of the development and
maintains the intent and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space
or result in a change in character of any of the open space proposed within the PUD.
The PUD Amendment does not increase the level of any potential geologic hazard for
the development.
(iii) Lot Split Amendment to Wildridge PUD. A proposed PUD Amendment to the Wildridge
PUD to permit a lot split of a duplex lot into two (2) lots is considered a Lot Split Wildridge
PUD amendment if it meets the following criteria for decision and has been determined as
such by the Director:
(A) The proposed duplex lot split is located in the Wildridge PUD Subdivision on a
YaGant, undeveloped lot.
(B) The proposed PUD amendment meets the criteria for a Minor Amendment in Section
7.16.060(h)(1)(ii).
(C) The PUD amendment proposes to split one (1) lot permitting a residential duplex
dwelling into two (2) lots permitting one (1) detached single -family -residential dwelling
on each lot.
The PUD Amendment maintains or decreases the level of any potential geologic
hazard for the development.
(iv) Major Amendment. A PUD amendment that is not classified as an administrative
amendment, minor amendment or Lot Split PUD amendment to Wildridge PUD is considered
a major amendment.
(2) Reviewing Authority.
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(i) Administrative Amendments. The Director shall review and render decisions on
Administrative Amendments. A decision of the Director may be appealed to the Council
pursuant to Section 7.16.180, Appeal.
(ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General
procedures and requirements, shall apply to minor PUD amendment applications. The PZC
shall review all minor PUD amendment applications and shall provide a recommendation to
the Town Council after conducting a public hearing. The Town Council shall review and
render a final decision, through a resolution, on a minor PUD amendment application after
conducting a public hearing.
(iii) Lot Split Amendments to Wildridge PUD. The general procedures set forth in Section
7.16.020, General procedures and requirements, shall apply to Lot Split Amendments to
Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge
PUD amendment applications and shall provide a recommendation to the Town Council
after conducting a public hearing. The Town Council shall review and render a final
decision, through a resolution, on a Lot Split Amendments to Wildridge PUD amendment
application after conducting a public hearing.
(iv) Major Amendments. The general procedures set forth in Section 7.16.020 shall apply to
major PUD amendment applications. All major PUD amendment applications shall be
processed as preliminary PUD and final PUD Plan applications. RevieW nrIt8ria r nnrorninn
Applications for a major PUD amendment requiring rezoning of property outside of the
existing PUD shall also utilize the review criteria for 7.16.050 Rezonings if RGt-be
annlirable to an amendment appka+inn i inl000 an expansion of the PUD boundary is
proposed..
(3) Review Criteria —Minor Amendments. The PZC and Council shall review a minor PUD amendment
according to the following criteria same approval nriteria listed above for a preliminary PUD
developm in.
The minor PUD amendment is consistent with the intention and character of the approved
development of the Planned Unit Development being amended;
ii The minor PUD amendment will promote the public health, safety and general welfare;
The minor PUD amendment is consistent with the Avon Comprehensive Plan. the purposes
of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b);
iv) The minor PUD amendment will not impact public Facilities and services (including roads and
transportation. water. aas. electric. Dolice and fire protection and sewaae and waste disposal.
as applicable;
(v) The minor PUD amendment is not likely to result in significant adverse impacts upon the
natural environment, including air, water, noise, storm water management, wildlife and
vegetation; and
(vi) The minor PUD amendment will not result in significant adverse impacts upon other property in
the vicinity of the subject tract.
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k�q Th@- Miner PUD amendme-R�d%s-net affeGi, in a substantially adverse manner, either the
W
enioYment of land immediately. • or • ■ from the ■
lannedJJPA
Development or to the ne;qhberhood
011) The PUD Amendment is netwanted solely to Gonfer a speg'al benefit upon any one person
er entity, but is neG8ssary for maintaininq .. asPeGtS er lanquaqe..
of the ■ ■
Amendment of the underlying ■ ■ plan shall not have the effec-t of extendinq
pere.. .. .- ..
(4) Additional ■•view Criteria — Lot SplitAmendments.PZC shall review a LotSplit
Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD
that 2nc;lude a Lot Split according • the following criteria On addition to the revieW Griteria for
r ■
(i) The application results in less total site coverage improved GGRGel residential design
including, but not limited to: building sites with less site disturbance than what a possible
duplex structure could yield, improved drainage, decreased wildfire impacts, or improved
access or connection to roadways. and GOntaffins use of restriGtions „n The application
of building envelopes restricting development impacts when deemed appropriat shall
be used to minimize site coverage and in providing predictable building sites-,
ites;
(ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible
and when a shared driveway curb cut would reduce site disturbance;
(iii) Areas not appropriate for development are designated on the RIB plan associated
subdivision plat as non -developable;
(iv) The proposed development of the site avoids disturbance of slopes greater than thirty
percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%)
compared to th�,;cdesignawhat a possible duplex structure may cause
efcti➢.; and,
(v) The PUD plan incorporates requirements and/or restrictions as deemed appropriate to
minimize or mitigate impacts to properties in the vicinity, including but not limited to:
(A) enhanced landscaping in accordance to Section 7.28.050(f) Landscaping;
(B) increased building setbacks (i.e. minimum twenty (20) feet separation between
buildings and a minimum ten (10) feet setback between properties);
(C) designated building footprints through use of building envelopes or similar restrictive
limitations;
(D) building height restrictions or reductions; -and or,
(E) designated architectural massing, including building square footage designation or
restrictions.
Review Criteria -Major Amendments. The PZC and Council shall review a PUD amendment
according to the same approval criteria listed above for a preliminary PUD plan.
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(i) Lapse. Unless otherwise provided by the Town Council, development of an approved final PUD �Iar�
shall commence within twelve (12) months from the approval date of the final PUD plan. If
development has not commenced within twelve (12) months, the Director shall initiate a public hearing
process for the purpose of considering whether to rezone the property back to its prior zoning
classification or, in light of other conditions, to another zoning classification and revocation of all
permits issued and action taken.
(j) Revocation of a Final PUD Plan. A final PUD Ilan may be revoked pursuant to the procedures and
criteria set forth in this Section. Revocations may be initiated by the landowner, majority of owners
within the PUD, or by Town Council.
(1) Initiation of Revocation Proceedings. Revocation of a PUD may occur if:
(i) The landowner or a majority of the owners of property within the subject PUD, petition for
revocation of such PUD plan in whole or in part;
(ii) The project falls more than three (3) years behind the phasing plan or schedule filed with
the final PUD;
(iii) Construction and/or application for building permits have not commenced within one (1)
year of approval of the final PUD absent an alternative construction phasing plan as
aapproved by the Town Council; or
(iv) The construction and provision of landscaping, buffers, open space and public streets and
facilities that are shown on the final development plan are proceeding at a substantially
slower rate than other project components.
(2) Public Notice Requirements. Prior to the Planning and Zoning Commission meeting and the
Town Council meeting, notice shall be given in accordance with the provisions of Subsection
7.16.020(d).
(3) Review Authorities.
(i) Planning and Zoning Commission Public Hearing. The Planning and Zoning Commission
shall hold a public hearing and make a recommendation to revoke the final PUD, keep the
final PUD in force or postpone the application. The Planning and Zoning Commission shall
not recommend revocation of the final PUD to the Town Council unless the Planning and
Zoning Commission makes the findings required for revocation. The Planning and Zoning
Commission may impose reasonable conditions on such revocation in order to advance
the health, safety and welfare of the citizens, such as vacation of the underlying final plat.
(ii) Town Council Public Hearing. The Town Council shall hold a public hearing and determine
whether to revoke, postpone or keep the final PUD in force. The Town Council shall not
revoke the final PUD unless it makes the findings required for revocation. The Town
Council may impose reasonable conditions on such revocation in order to advance the
health, safety and welfare of the citizens, such as vacation of the underlying final plat.
(4) Required Findings for Revocation. The Planning and Zoning Commission shall not recommend
revocation and the Town Council shall not revoke any final PUD unless the following findings are
made:
(i) Revocation proceedings were initiated pursuant to this Section; and
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(ii) The property owners were notified no less than sixty (60) days prior to Planning and
Zoning Commission action on the revocation; and
(iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town
Council hearing on the revocation pursuant to the provisions of Subsection 7.16.020(d);
and
(iv) The PUD is not compatible with the surrounding area; or
(v) There is not a need for the uses in the area included within the PUD plan; or
(vi) The PUD will have adverse impacts on future development of the area; or
(vii) The traffic generated by the PUD plan will have adverse impacts on the neighborhood and
the surrounding area; or
(viii) The PUD will have adverse impacts on community facilities in the neighborhood and on the
surrounding area, including but not limited to schools, library, police and fire protection,
recreation facilities, park lands and open space; or
(ix) The PUD will have adverse impacts on municipal infrastructure in the area, including but
not limited to water service, wastewater service, storm water service, transportation
systems and street systems; or
(x) The PUD will not comply with the standards and specifications for design and construction
of public improvements in force at the time of the public hearing; or
(xi) The owner or applicant has not met all dates established in the PUD plan for the
commencement of construction of the PUD or for a phase of the PUD plan; or
(xii) The revocation is in conformance with the provisions contained in applicable sections of
this Code, consistency with the adopted Comprehensive Plan for the Town and applicable
specific plans and relevant Town policies.
(Ord. 2015-11 §3; Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3)
7.16.070 Subdivisions
The purpose of the subdivision review procedures is to ensure compliance with all the standards and
requirements in this Development Code and encourage quality development consistent with the goals,
policies and objectives in the Comprehensive Plan.
(a) Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering
Improvement Standards, shall apply to all subdivisions or re -subdivisions that result in the portioning,
dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums,
apartments or any other multiple dwelling units or creation of an estate in airspace, except any
subdivisions that are specifically excluded by state law.
d 1) If a tract of land that has been created or subdivided in the past is later described as a single tract
in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along
the lines of the earlier subdivision, shall be subject to the requirements of these regulations.
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If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is
subdivided so as to create a different type of subdivision (for example, conversion of a
condominium subdivision to a timesharing subdivision), the conversion shall be subject to the
requirements of this Development Code.
Unless the method of disposition is adopted for the purpose of evading the requirements of the
Development Code, this procedure shall not apply to any division of land that:
(4 i) Is created by a lien, mortgage, deed of trust or any other security instrument;
(2 i )ls created by any interest in an investment entity;
(37iii) Creates cemetery lots;
(4 iv) Creates an interest or interests in oil, gas, minerals or water that are severed from the
surface ownership of real property;
(5 Y) Is created by the acquisition of an interest in land in the name of a husband and wife or
other persons in joint tenancy or as tenants in common of such interest. For the purpose of
this Paragraph, any interest in common owned in joint tenancy shall be considered a single
interest;
(6 vi) Creates a leasehold interest with a term of less than twenty (20) years and involves no
change in use or degree of use of the leasehold estate.
(b) Subdivision Categories. Categories of subdivisions are established and defined as follows for the
purpose of determining the appropriate subdivision review procedure:
(1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more
separate parcels of land or whiGh would require or which propose subdivisions requiring or
proposing public improvements, that affect unplatted lands, or, involve the vacation of existing
public improvements.
(i) An applicant shall apply for a major subdivision in accordance with the provisions established for
the preliminary plan and final plat for subdivision procedures and standards of this Section.
(2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four
(4) separate parcels of from previously platted land, subdivisions whiGh do not require or
propose publiG improvements, subdivisions which consolidate two (2) or more lots into a single
lot in a previously recorded subdivision plat, and subdivisions which move adjust a-ny previously
lap tted lot lines, subdivisions dividing a parcel of land for duplex or townhouse structures, revised
plats necessary for the sole purpose of correcting survey or any other technical errors, and
condominium and or timeshare subdivisions. by more than two (2) feet; but shell not
subdivisions whinh are administrative subd6visions
. Condominium and tomes
subdIffivosmons more than four (4) units which do not propose puhlin improvements shall he
pronessed as minor subdivisions
An applicant shall apply for a minor subdivision in accordance with the provisions established for
the final plat for subdivision procedures and standards of this Section.
(ii) Minor subdivisions will not be approved without verification that all park, school, or other
aoolicable dedication fees have been satisfied.
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(c) Review Procedures. Applications for a subdivision shall follow the general review procedures set forth
in Section 7.16.020, General procedures and requirements.
Applications for subdivision must be initiated by the owner of real property.
The Director may combine preliminary plan and final plat review where the subdivision application
can be reviewed efficiently and effectively with a combined process.
Where subdivision approval will be required to implement development in a proposed PUD, the
applicant shall file a single preliminary plan incorporating the application requirements of botf}
the PUD preliminary plan and subdivision preliminary plans.
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(3) The provisions and procedures for public notice, hearing and review for a preliminary PUD as
prescribed in this Development Code shall apply to the a preliminary subdivision application.
(d) Review Authority. The review authority for a subdivision application shall be determined by the
subdivision category.
(1) Major Subdivision. Major subdivisions shall be required to obtain approval for a preliminary plan
and for a final plat. The PZC shall review a preliminary plan for a major subdivision application
and shall provide a recommendation to the Town Council after conducting a public hearing. The
Town Council shall render the final decision on a preliminary plan for a major subdivision
application after conducting a public hearing. The Town Council shall review the final plat for
major subdivision applications and render a final decision after conducting a public hearing. The
preliminary plan and final plat for major subdivisions shall be approved by resolution or
ordinance of the Town Council.
(2) Minor Subdivision. Minor subdivisions shall require final plat review and approval_ only #ere
no publin improvements are proposed; howeyer, Tthe review criteria for a preliminary plan
shall apply to review of minor subdivision final plats in addition to the review criteria for a final
plat. The Director shall review and render decisions on minor subdivisions. A decision of the
Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal.
Code Text Amendment Application Notation.Should the subdivision appliGation '
nAdmin Subdivision, n
type-f
be eliminated pursuant tG
-tion wig be str4c
(3) Administrative Subdivisions. Administrative subdivisions shall require and finall plat.
review and approval. only. 1 however,
to review of adrn'nostrafly-e subdivisions in addition to the revoeW Griteria for a final plat.
The DmreGtor shall review and render deGisions on admonostratove subdivisions. A
de6soon of the DireGtor may he appealed to the Teem Counnil Pursuant to SeGtien
716.180 Appeal
(e) Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria as the
basis for recommendations and decisions on applications for preliminary plan subdivision
applications:
(1) The proposed subdivision shall comply with all applicable use, density, development and design
standards set forth in this Development Code that have not otherwise been modified or waived
pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets.
Applicants shall not create lots or patterns of lots in the subdivision that will make compliance
with such development and design standards difficult or infeasible;
(2) The subdivision application shall comply with the purposes of this Development Code;
(3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other
community planning documents;
(4) The land shall be physically suitable for the proposed development or subdivision;
(5) The proposed subdivision shall be compatible with surrounding land uses;
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(6) There are adequate public facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads and will be conveniently located in relation
to schools, police, fire protection and emergency medical services;
(7) The proposed utility and road extensions are consistent with the utility's service plan and are
consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan;
(8) The utility lines are sized to serve the ultimate population of the service area to avoid future land
disruption to upgrade under -sized lines;
(9) The subdivision is compatible with the character of existing land uses in the area and shall not
adversely affect the future development of the surrounding area;
(10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master
Plan as reflected in the approval of that PUD;
(11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a
"conditional capacity to serve" letter for the proposed subdivision;
(12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services
within the proposed subdivision shall be designed in a way that minimizes the amount of land
disturbance, minimize inefficiencies in the development of services, maximizes the amount of
open space in the development, preserves existing trees/vegetation and riparian areas, protects
critical wildlife habitat and otherwise accomplishes the purposes of this Development Code;
(13) Evidence that provision has been made for a public sewage disposal system or, if other methods
of sewage disposal are proposed, adequate evidence that such system shall comply with state
and local laws and regulations;
(14) Evidence that all areas of the proposed subdivision that may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified by the
applicant and that the proposed use of these areas are compatible with such conditions or that
adequate mitigation is proposed;
(15) The subdivision application addresses the responsibility for maintaining all roads, open spaces
and other public and common facilities in the subdivision and that the Town can afford any
proposed responsibilities to be assumed by the Town;
(16) If applicable, the declarations and owners' association are established in accordance with the law
and are structured to provide adequate assurance that any site design standards required by this
Development Code or conditions of approval for the proposed subdivision will be maintained or
performed in a manner which is enforceable by the Town; and
(17) As applicable, the proposed phasing for development of the subdivision is rational in terms of
available infrastructure capacity and financing.
(18) The inclusion of wildfire mitigation provisions for the subdivision, including, but not limited to the
provision of emergencV ingress and egress, a water supplV system for firefighting purposes,
overlot vegetation thinning, creation of fuel -breaks, and a proposed plan for thinning and removal
of trees and vegetation designed to mitigate wildfire hazard areas. The use of building envelopes
maV be required to locate structures outside of potential hazard areas, off of steep slopes and
outside of draws and canyons.
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(f) Minor Subdivision Review Criteria.
M The subdivision application is consistent with previous subdivision(s) and any associated minor or
major development plan application(s) and or building permits.
The subdivision application is consistent with the Avon Comprehensive Plan.
That the land included within the proposed subdivision is being subdivided in accordance with the
zoning for the proposed use and or subdivision proposed.
That protective covenants, declarations, party wall agreements or other restrictions to be placed
on the subdivision have been submitted and shall be filed for recording in the Office of the Clerk
and Recorder at the time of Final Plat recordina.
(fig) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an
application for a final plat. The following criteria shall apply to review of a final plat subdivision
application:
(1) The Town Engineer shall compare the legal description of the subject property with the County
records to determine that:
(i) The property described contains all contiguous single ownership and does not create a
new or remaining unrecognized parcel of less than thirty-five (35) acres in size,
(ii) The lots and parcels have descriptions that both close and contain the area indicated, and
(iii) The plat is correct in accordance with surveying and platting standards of the State;
(2) The final plat conforms to the approved preliminary plan and incorporates all recommended
changes, modifications and conditions attached to the approval of the preliminary plan, if
applicable to the current subdivision application. The Director may waive this criterium for a
Minor Subdivision if an associated preliminary plan application is not necessary to split a
previously platted parcel into less than four (4) lots.
(3) The final plat conforms to all preliminary plan criteria;
(4) The development will substantially comply with all sections of the Development Code;
(5) The final plat complies with all applicable technical standards adopted by the Town; and
(6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water,
sewer, electric, gas and telecommunication facilities.
Subdivision Plat Requirements.
(1) The Final Plat shall be drafted in a legible form with black waterproof ink on a permanent
reproducible material such as mylar, on a sheet or sheets measuring 24 by 36 inches with clear
margins measuring 2 inches on the left hand side and one-half inch on the remaining sides.
l� Information sufficient to indicate that the Final Plat will meet requirements established under
Title 38, Article 51 C.R.S, as amended.
ii Departing property lines and owners of record of all parcels adjoining the proposed
subdivision, including parcels separated there from only by a public right-of-way, at a grey
scale to indicate existing information.
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iii A computer printout, in text or excel format, of Parcel Summaries shall be provided, including
lot closure analyses, block closure analyses, and other appurtenant information.
(iv) The Plat shall show the name of the subdivision, date, and date of survey, north arrow, and
graphic scale and a vicinity map to appropriate scale. Where multiple sheets are necessary a
key map to sheet location and all certifications and dedications need to appear on the title or
cover sheet. The Final Plat shall adhere to the format and include information as follows:
A. Tract boundary lines and right-of-way lines or street lines in solid black lines; easements
or other right-of-way lines in dashed lines; and lot boundaries in solid lines shall be shown
with accurate dimensions to the nearest 0.01 foot.
B. Bearings, deflection angles, arc lengths, chord bearings, chord lengths, tangent
distances, and central angles of all curve shall be shown. Curve tables shall be provided
on the plat.
C. Widths and dimensions of all easements- including typical boundary easements as
required by zoning, rights -of -way, and streets shall be indicated.
u Notes section, organizing all necessary information including legal disclaimers, documents,
reservations, definitions (i.e. common elements), associated documents, etc.
(3) Names of all streets or roads, block letters and lot numbers shall be indicated in the required land
use summary. The land use summary shall include the street address of each lot or unit on the
plat. The address number shall be placed within an oval on each lot.
The location of any ditches or waterways. The high water mark should be established as part of
the subject plat.
A legal description of the property with reference to the existing/underlying master parcel, and
subdivision, if resubdividing.
Vicinity map at an appropriate scale, including section lines and township and range lines,
where practical.
All elements shown on the plat shall be referenced as being created by this plat, or as existing with
reference providing the recording information for this existing element.
u All setbacks per zoning shown, and building envelopes provided if required.
Land Use Summary, including the total acreage of subdivision, total number of lots, and
acreage within the subdivision for each use such as residential, commercial, right-of-way, non -
developable areas, greenspaces or open space.
10 Surveyor notes, including any reference to any protective covenants, declarations or other
restrictions which shall be filed with the plat, and a purpose statement describing the intentions
of the plat.
11 Plat Certificates:
i. A Certificate of Dedication and Ownership executed by the record owner(s) and all other
persons having an interest in the property affected by the subdivision, including any security
interest. (See Appendix 7-C).
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iv
W
A Title (Comoanv) Certificate showina marketable title in the owners, subiect onlv to the liens
or encumbrances of persons executing the Certificate of Dedication and Ownership. (See
Appendix 7-C).
Surveyor's Certificate (See Appendix 7-C). The certificate shall be signed by a land surveyor
licensed in the State of Colorado responsible for the survey and Subdivision Plat.
Town of Avon Certificate (See Appendix 7-C).
Clerk and Recorder's Certificate (See
until final sianature by the Town.
Treasurer's Certificate of Taxes Paid (See
ndix XX). This certificate need not be completed
ndix 7
(g-)Public Improvements Guarantee. Guarantees for public improvements shall comply with Subsection
7.32.100(c).
(I,I) Revocation. An approval of a final plat is revoked pursuant to this Section.
(1) Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded
within ninety (90) days from the date of approval and acceptance of the Council. In the event that
the plat is not recorded, the approval of the Town Council shall be deemed to be void and such plat
shall not thereafter be recorded, unless and until the Mayor executes a written authorization for
recording the final plat.
(2) Vacation. The final plat approval shall include a determination of a reasonable time by which the
project should be completed. All plats given final approval shall contain a notation indicating the
date by which a project is expected to be completed, that shall be prima facie evidence of a
reasonable time by which the project should have been completed. A plat or any portion thereof
that has been finally approved by the Town Council and has been recorded shall be subject to
vacation proceedings if the project that is the subject of the subdivision is not completed within the
time set by the Town Council.
(3) Extension. Extensions of the time limit for project completion may be obtained from the Council for
good cause shown, upon request by the applicant or owner of the tract, if made before vacation
proceedings are instituted. (Ord. 13-09 §2; Ord. 10-14 §3)
7.16.080 Development Plan
(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 Comprehensive Plan. Specific purposes of development plan
review include, but are not limited to the following:
(1) To prevent excessive overlot or unsightly grading of property that could cause disruption of
natural watercourses, drainage ways, or, that may sEar eliminate or significantly modify natural
landforms or topography;
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(2) To ensure that the location and configuration of structures, including signs and signage, are
visually harmonious with their sites and with surrounding sites properties 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 in character with the Town's overall appearance, with natural and existing
landforms and with officially approved 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 property and open spaces conform with adopted rules
and regulations and to provide visually pleasing settings for structures on the same site and on
adjoining and nearby sites.
(b) Applicability. A development plan shall be required for all new development and any modification to an
existing development or development plan.
(c) 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;
LandSGape modifiGations, inGluding but not limited to removal of existing vegetatioR
and addition of new vegetation;
(v-v) Deck modifications, including but not limited to additions, new construction and materials or
color modifications;
(vi v) Modifications to the exterior of an existing building, including but not limited to windows, doors,
minor architectural details, colors and materials;
(W VO 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;
(vW vw) Modifications to approved development plans which do not change the character of the
approved design; and
(+x vii) Other similar changes to a structure or property that do not significantly impact the site layout
or design of a building
(* ix) McGhaniGal equipment modifiGations
(d) 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.
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(e) Notice and Hearing. PZC shall review and render a decision or recommendation on the
development plan applination after nonduGtinn conduct a public hearing for all major development
plans. Town Council shall conduct a public hearing following the PZC hearing when reviewing a
development plan applicable in the Town Core Boundary. 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 denision of D7f may he annealed in the Town Gounril pursuant to Section 7 16 480
,
"The Director shall not conduct a public hearing for administrative review and decision on
development plan applications.
(f) 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. The decision of the PZC may be appealed to the Town Council pursuant to
Section 7.16.180, Appeal.
Town Core. If the, unless he application is located within the Town Core The derision of the
PZC may be appealed to the Town CounGil pursuant to SeGtion 7.16.180, Appeal. if an
applination is located within the Town Core the Director shall review and provide a
recommendation to the PZC. The PZC shall ihen 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 plane and minor sign plan applications. The decision of the Director may be
appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director may refer to
the PZC any plan application that the Director determines warrants review by the PZC. Minor
exterior alterations may be administratively approved through the building permit process based
on Director discretion. Minor exterior alterations may include but are not limited to window or
door modifications- including placement or materials, light fixture modifications, and
modifications to decorative materials that do not significantly alter the appearance of the
structure.
(g) Review Criteria. The following review criteria shall be considered as the basis for a decision on
development plan applications:
(1) Evidence of substantial GOMPlianGe Consistency with the purpose of the Development Code
as specified in Section 7.04.030, Purposes;
(32) The design conforms Conformity with the Avon Comprehensive Plan and other applicable,
adopted plan documents, where these documents discuss design;
(43) Consistency with any previously approved and not revoked subdivision plat, planned unit
development Ilan or any other precedent plan or land use approval for the property as
applicable;
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(54) 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 Official Zoning
Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards;
(5) 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
(716) The development design Gonforms Consistency of the development design with the character
of the surrounding community; or, where redevelopment is anticipated, relates the development
to the character of Avon as a whole.
(h) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h).
(i) 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.
(Ord. 21-09 §5; Ord. 18-19, §6; Ord. 14-09 §3 ; Ord. 13-09 §2; Ord. 10-14 §3)
Ord. 21-09 §6, adopted August 10, 2021, repealed § 7.16.090, which pertained to design review and derived from Ord. 14-09 §4;
Ord. 13-09 §2; Ord. 10-14 §3.
7.16.100 Special Review Use
(a) Purpose. This Section provides a discretionary approval process for special review uses that have
unique or widely varying operating characteristics or unusual site development features, requiring
further review and analysis. Theproc;edure process encourages public review and evaluation of a
use's operating characteristics and site development features and is inten to ensure that
proposed use will not have a significant adverse impact on surrounding uses or on the community at
large. Special review uses that may be allowed in each zone district are listed in Table 7.24-1,
Allowed Uses.
(b) Applicability. A Special Review Use (SRU) permit is required for any those uses allowed by special
review as outlined in Table 7.24-1, Allowed Uses.
(c) Review Procedures. Applications for a special review use shall follow the general review procedures
set forth in Section 7.16.020, General Procedures and Requirements. Applications for special review
use may be initiated by the owner of property for which a special review use is desired, or with
property owner authorization, a lessee within a commercial development.
(d) Review Authority. The PZC shall review and render a decision on an application for a special review
use after conducting a public hearing. The decision of the PZC may be appealed to the Town Council
pursuant to Section 7.16.180, Appeal.
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(e) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an
application for a special review use:
(1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of
this Development Code and applicable state and federal regulations;
(2) The proposed use is consistent with the purpose and intent of the zoning district in which it is
located and any applicable use -specific standards in the Development Code;
(3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating
characteristics;
(4) Any significant adverse impacts (including but not limited to hours of operation, traffic
generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the
use will be mitigated or offset to the maximum extent practicable;
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and
fire protection, and roads and transportation, as applicable) will be available to serve the subject
property while maintaining adequate levels of service for existing development; and
(6) Adequate assurances of continuing maintenance have been provided.
(f) Duration and Expiration. Special review use approvals shall expire pursuant to this Section. The PZC
may approve a SRU permit in perpetuity but may assign a shorter time as deemed necessary. The
PZC may require assurances that the ongoing operation of the use will comply with all of the-applicanois
representations and all conditions of approval, including, but not limited to, requiring an annual
compliance review. All conditions imposed in any special use review, shall be expressly set forth
within the Record of Decision for this application. At least thirty (30) days prior to the expiration, the
holder of the special review use approval may apply for a review hearing before the PZC. The PZC
shall review the use against the criteria in Subsection (e) above to determine whether the special
review use will be allowed to continue. Failure to extend this permit shall require a new SRU permit
application approval or cessation of the previously approved use.
(1) Developments and uses granted by a special review use permit shall be developed or
established in accordance with an approved development schedule or within two (2) years of the
date of approval if no development schedule is established. Failure to develop or establish such
development or uses in accordance with the time period approved on the permit shall result in
the expiration of the permit.
(2) If an approved use ceases operation for any reason for a period of one (1) year, the special
review use permit shall be deemed expired. If the conditions of a permit become the
responsibility of a person or entity other than the applicant, the Director shall be notified in
writing, identifying the new person or entity responsible for maintaining the conditions of the
approval/permit. Until such notice is received, the applicant shall remain responsible. Such
notice shall be attached to the permit on file at the Town.
(3) If the conditions of approval are not maintained, it shall be considered a violation of this Code
and subject to revocation proceedings.
h SRU approvals may be associated and run with the property, business owner, applicant for tl o
Dion. DroDerty owner. or Der lessee and or lease terms.
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(Ord. 11-10 §2; Ord. 10-14 §3)
7.16.110 Variance
In order to prevent or to lessen such practical difficulties and unnecessary physical hardships
inconsistent with the objectives of the Development Code as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary
physical hardship may result from the size, shape or dimensions of a site or the location of existing
structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from
other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance. It is not the intent of this Section to allow variances in the classification of uses of
property.
(a) Review Procedures. Applications for a variance shall follow the general review procedures set forth in
Section 7.16.020, General Procedures and Requirements. Applications for variance may be initiated
by the owner of property for which a variance is desired.
(b) Review Authority. The PZC shall review and render a decision on an application for a variance after
conducting a public hearing. The decision of the PZC may be appealed to Town Council pursuant to
Section 7.16.180, Appeal.
(c) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an
application for a variance:
(1) The degree to which relief from the strict or literal interpretation and enforcements of a specified
regulation is necessary to achieve compatibility and uniformity of treatment among sites in the
vicinity or to attain the objectives of the Development Code without grant of special privilege;
(2) The effect of the requested variance on light and air, distribution of population, transportation
and traffic facilities, public facilities and utilities and public safety;
(3) Such other factors and criteria related to the subject property, proposed development or
variance request as the decision -making body deems applicable to the proposed variance.
The applicants have exhausted all technological, design, or development possibilities and a
variance is necessary due to the lack of any other practicable possibilities to utilize the property.
(d) Required Findings. The PZC shall make the following written findings before granting a variance:
(1) That the granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties classified in the same district;
(2) That the granting of the variance will not be detrimental to the public health, safety or welfare or
materially injurious to properties or improvements in the vicinity;
(3) That the variance is warranted for one (1) or more of the following reasons:
(i) The strict, literal interpretation and enforcement of the specified regulation would result in
practical difficulty or unnecessary physical hardship inconsistent with the objectives of the
Development Code;
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(ii) There are exceptional or extraordinary circumstances or conditions applicable to the site of
the variance that do not apply generally to other properties in the same zone; or
(iii) The strict or literal interpretation and enforcement of the specified regulation would deprive
the applicant of privileges enjoyed by the owners of other properties in the same zone
district;
(4) That the necessity for pursuing a variance has not resulted from any act of the applicant or pre-
existing development pattern, use, or structure.
(e) Conditions. A variance granted by the PZC may contain limitations as to time or disposition or use of
the tract in question in order to ensure that the stated purpose of the variance request is realized.
Once the variance is granted, the variance shall run with the property until a significant modification to
the property has occurred, and the variance is no longer necessary.
(f) Record of Decision.
of the PZC's action within five (5) days after a rlenicien has been rendered, A Record of Decision
will be executed and available for the public memorializing PZC action.
(g) Expiration. The variance approval expires if a building permit is not obtained within one (1) year of the
approval.
(Ord. 10-14 §3)
7.16.120 Alternative Design
Alternative Design equivalent GompliaRGe is an proGedure application that allows development to
meet the intent of the design -related provisions of this Chapter through an alternative design, not
considered by code. It is not a general waiver or weakening of regulations; rather, this application
PFOGedure permits a site -specific design plan that is equal to or better than the strict application of a design
standard specified in this Development Code. This procedure is not intended as a substitute for a variance,
er administrative modification, or a vehicle for relief from standards in this Chapter. Alternative design
applications ^epee shall apply only to the specific site for which it is requested and does not establish
a precedent for assured approval of other requests.
(a) Applicability. A request for an alternative design equivalent GompliaRGe shall be made concurrently
with a site -specific application for a procedure identified in this Chapter. The alternative design
procedure shall be available only for the following sections of this
Development Code:
(1) Section 7.20.100, Employee Housing Mitigation;
Section 7.20.085, Mixed -use and Commercial Encroachments
(23) Section 7.28.020, Parking and Loading;
(34) Section 7.28.040, Mobility and Connectivity;
(45) Section 7.28.050, Landscaping;
(66) Section 7.28.060, Screening;
(67) Section 7.28.070, Retaining Walls;
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(78) Section 7.28.080, Fences;
(89) Section 7.28.090, Design Standards; and
10 Section 7.32.040, Raved Trail Design.
(b) Review Procedures. Applications for alternative design equivalent ^^m^'ianGe shall be processed
concurrently with the underlying development application for which an alternative design equivalent
,•, MplianGe with the app"Gable design standards is desired and shall follow the procedures for such
underlying development application. Applications for alternative design equivalent nmmplianne may
be initiated by the owner of property for which alternative equivalent compliance is desired.
(c) Review Authority. The review authority shall be the review authority as set forth for the underlying
development application. The PZC shall review all alternative design equivalent ^^mn'ian^e
applications that have a concurrent mar development plan application.
(d) Review Criteria. The review authority shall use the following review criteria as the basis for a decision
on an application for alternative design en„i,,,'enf ^ornplianne:
(1) The proposed alternative achieves the intent of the subject design or development standard to
the same or better degree than the subject standard;
(2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
(3) The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; apA
(4) The proposed alternative imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Titley
The proposed alternative is technologically unique or necessary for improving the sustainability
of the project without compromising the compatibility of the project with the neighborhood.
That the Alternative Design is not being utilized to strictly circumvent zoning requirements or
standards.
(e) Conditions. The reviewing authority may recommend or impose conditions on an approval for
alternative equivalent compliance provided that such conditions are related to ensuring the
performance of the alternative equivalent compliance to meet or exceed the subject standard. Such
conditions may include performance guarantees, required timeframes or the ability to revoke an
approval for alternative equivalent compliance.
(f) Effect of Approval. Alternative equivalent compliance shall apply only to the specific site for which it is
requested and shall not establish a precedent for approval of other requests.
(Ord. 10-14 §3)
7.16.130 Right -Of -Way Vacation
The purpose of this Section is to provide procedures and standards for the vacation of rights -of -way in
the Town. The procedures and authority set forth in Section 43-2-301, et seq., C.R.S., shall apply unless in
conflict with any specific provision set forth in this Section. The vacation of public easements are also
considered rights -of -way in this Section.
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(a) Definitions Incorporated. The definitions set forth in Section 43-2-301, C.R.S., are incorporated in this
Section.
(b) Review Procedures. Applications for the vacation of a right-of-way shall follow the general review
procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for
vacation of a right-of-way may be initiated by the Town Council or by a property owner abutting the
right-of-way proposed for vacation.
i7 Applications to move or alter a right-of-way shall be processed as a subdivision application
concurrently with a right-of-way vacation application, in which case the ordinance approving the
vacation of a right-of-way or portion thereof shall also approve a final plat (major), which results
in the dedication of the moved or altered right-of-way or portion thereof.
�i Public easement vacations can be processed as part of a major or minor subdivision application.
(c) Review Authority. The Town Council shall review and render the final decision on an application to
vacate a right-of-way after conducting a public hearing. Vacation of a right-of-way shall be approved
by ordinance of the Town Council.
(d) Review Criteria. The Town Council shall use the following review criteria as the basis for a decision on
an application to vacate a right-of-way:
(1) No right-of-way shall be vacated so as to leave any land adjoining the vacated right-of-way
without an established public road or private -access easement connecting said land with
another established public road;
(2) The right-of-way is determined to be platted on terrain which is not practical for the construction
of a right-of-way due to terrain, topography, natural features or other constraints and the right-of-
way does not provide any other potential benefit to the public, including but not limited to utility
connections, pedestrian or recreation connections, drainage or public landscaping;
(3) Sufficient easements for utilities, access or other purposes are retained;
(4) Compensation may be required for the area of vacated right-of-way based upon the fair market
value per square foot of the area vacated and the applied zoning; and
(5) The vacated area of right-of-way shall be included in the same zone district as the abutting
property to which the vacated right-of-way vests.
(e) Recording, Deed. The ordinance vacating a right-of-way shall be recorded in the office of the Eagle
County Clerk and Recorder. The ordinance shall authorize the Mayor or other designee to execute a
quit claim deed on behalf of the Town of Avon, which quit claim deed shall reference any exceptions,
easements or reservations of the vacation and shall be recorded in the office of the Eagle County
Clerk and Recorder.
(Ord. 10-14 §3)
7.16.140 Vested Property Right
The purpose of this Section is to provide procedures necessary to implement the provisions of Article
68 of Title 24, C.R.S., as amended.
(a) As used in this Section, unless the context otherwise requires:
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(1) Community planning document means the Avon Comprehensive Plan, any other planning
documents adopted by the Town through a public hearing process and any planning document
adopted by other governmental and quasi -governmental entities that provide public services or
facilities to the Town or which include the Town within their service or planning boundaries.
(2) Site specific development plan means a planned unit development plan or any amendment
thereto, approved pursuant to Section 7.16.060, Planned Unit Developments, together with a
development agreement approved pursuant to Section 7.16.140 hereof. A site specific
development plan that creates vested property rights may also include other development
approvals if approved at the discretion of the Town Council upon request by a property owner;
however, such request shall not result in an application for a development approval other than a
planned unit development plan to be treated as a site specific development plan for the
purposes of Section 24-68-102.5(1), C.R.S.
(3) Vested property right means the right to undertake and complete the development and use of
property under the express terms and conditions of a site specific development plan.
(b) Vested Property Right Created.
(1) A vested property right shall be deemed to have been created only upon the approval of a site
specific development plan in accordance with this Chapter.
(2) A vested property right shall only be created if approved by ordinance which may be combined
with an ordinance approving a site specific development plan and an accompanying
development agreement. Amendments to any site specific development plan shall be subject to
this Chapter and shall have a new vested property right as determined by the Town Council. Any
approval of a site specific development plan or amendment to an existing site specific
development plan that creates vested property rights shall be adopted by ordinance as a
legislative act and shall be subject to referendum. When creating a vested property right, Town
Council may expressly exempt, in whole or in part, administrative amendments to site specific
development plans from additional review and approval by Town Council under this Chapter.
(3) The establishment of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and which are applicable to all properties or a similarly
situated class of properties subject to land use regulation by the Town, including but not limited
to the regulations contained in Title 15 of this Code, regulations concerning subdivision
improvements and right-of-way dedications and regulations establishing requirements and
specifications for any public infrastructure or public facility improvements. Ordinances or
regulations which are general in nature and which are applicable to all properties or a similarly
situated class of properties subject to land use regulation by the Town shall not be deemed to
alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the
development or use of a property with vested property rights regardless of the financial impact of
such ordinance or regulation.
(4) The establishment of a vested property right shall not preclude the application of any
legislatively adopted fees which are general in nature, uniform in character and applicable to all
properties or a similarly situated class of properties.
(c) Notice and Hearing. No site specific development plan shall be approved until after providing notice
and conducting public hearings in compliance with Subsection 7.16.020(d).
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(d) Notice of Approval.
(1) Each map, plat, site plan or other document constituting a site specific development plan shall
contain the following language:
(i) Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24,
C.R.S., as amended and Title 7, Chapter 16 of this Municipal Code, as amended.
(2) The failure of the document constituting a site specific development plan to contain the language
specified in Subparagraph (d)(1)(i) above shall invalidate and void the creation of the vested
property right. A notice stating that a vested property right has been created shall be published
once by the Town in a newspaper of general circulation in the Town not more than fourteen (14)
days after final adoption of the ordinance approving the site specific development plan. The
notice shall include the following information:
(i) A statement advising the public of the site specific development plan approval, including
the name of the project, the type and intensity of the use approved and the specific
property or development parcels affected;
(ii) A statement that a vested property right has been created in accordance with Article 68 of
Title 24, C.R.S., and Title 7, Chapter 16 of this Municipal Code, including the duration of
the vested property right; and
(iii) A statement that the citizen's rights of referendum shall run from the date of publication.
(e) Duration of Vested Right.
(1) A property right vested pursuant to this Chapter after June 1, 2006, shall remain vested for a
period of three (3) years. The Town Council may approve a period of vested property rights
exceeding three (3) years by approval of a development agreement, which shall be part of the
site specific development plan.
(2) The guidelines in this Paragraph 7.16.140(e)(2) shall be considered when determining whether
to grant vested property rights for a period greater than three (3) years, provided that site
specific development plans that are granted vested property rights for a period greater than
three (3) years because of the size, phasing or absorption rate of such site specific development
plan should have separate vesting created for the various phases of the development, as set
forth in Paragraph 7.16.140(e)(4). It shall be the burden of the applicant to propose appropriate
reasons for granting a vested property right that is greater than three (3) years.
(i) The size and phasing of the development, specifically, but not limited to, whether the
development can be reasonably completed within the vested rights period;
(ii) Economic cycles and specifically but not limited to resort community economic cycles,
regional and state economic cycles and national economic cycles;
(iii) Market conditions and specifically but not limited to absorption rates for leasing and sales
of similar development projects;
(iv) Compliance with the Avon Comprehensive Plan and other community planning documents;
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(v) Proposed public amenities and benefits that enhance the project and the overall
attractiveness of the Avon community, including the degree to which such public amenities
and benefits are defined in terms of design, timeframe and phasing with development;
(vi) Projected public financial benefits or costs estimated to be caused by the development
project, including the timeframe for realization by the Town or other public entities and
potential costs for operation and maintenance of any new public amenities or infrastructure
dedicated to the Town or other public entities;
(vii) The breadth and scope of the requested vested property right, including but not limited to
the extent to which such vested property right restricts the Town's ability to apply future
legislatively adopted fees and regulations for the purpose of providing public infrastructure,
public services and public facilities and for the purpose of meeting evolving community
needs;
(viii) The terms of any existing site specific development plans with development agreements
for the applicant's property that specify the duration of vested property rights;
(ix) Any proposed modifications to previously approved vested property rights to address
changed conditions within the Avon community, compliance with the Comprehensive Plan
and other community planning documents or performance of previously approved site
specific development plans; and
(x) Any other factors deemed relevant by the Council when determining to grant a vested
property right for a period greater than three (3) years.
(3) The Town may approve a site specific development plan subject to such terms and conditions
as may reasonably be necessary to protect the public health, safety and welfare of the Avon
community.
(4) Any site specific development plan for a multiple -phase development approved after June 1,
2006, may have separate vesting created for each phase. The vesting for any subsequent
phase may be contingent upon completion of the preceding phase and review by the Town
Council. Such review shall include but not be limited to whether the landowner, developer,
successors or assigns are in compliance with its obligations to the Town, including but not
limited to the terms and conditions of a site specific development plan, a development
agreement and any other agreements between the landowner, developer, successor and
assigns and the Town, as they may have been amended from time to time.
(f) Extension of Vested Property Rights. A landowner may request an extension of vested property rights
by submitting an application for extension of vested property rights at least no more than sue,
twelve 12 months prior to the expiration of the vested property rights. No application for extension of
a vested property right shall be approved until after providing notice and conducting public hearings in
compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(e)(2) shall be
considered when determining whether to grant an extension to a vested property right. An extension
of a vested property right shall be approved by ordinance. The notice of approval provisions in
Paragraph 7.16.140(d)(1) above shall apply to any approval for extension of vested property rights.
(g) Forfeiture of Vested Property Rights.
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(1) Failure to abide by the terms and conditions of a vested property right will result in a forfeiture of
the vested property rights in accordance with the procedures set forth herein.
(2) The process to consider forfeiture of vested property rights shall be initiated by passage of a
resolution by the Town Council stating the grounds therefore.
(3) No vested property right shall be deemed forfeited until after providing notice and conducting a
public hearing. Notice shall be provided by publishing notice in a newspaper of general
circulation, posting notice in the designated official places of posting and mailing notice to the
property owner sent to the address of record according to the County Assessor's records via
first-class United States mail at least thirty (30) days prior to the date of a hearing. A copy of the
resolution initiating the process to consider forfeiture of the vested property right shall be
included with the mailed notice to the property owner.
(4) At the hearing, the Town Council shall consider all evidence and testimony presented
concerning any failure to abide by the terms and conditions of a vested property right. The Town
Council may continue the public hearing to allow additional evidence to be gathered and
presented.
(5) If the Town Council finds a failure to abide by the terms and conditions of the vested property
right, the Town Council may take action by ordinance to declare the vested property rights
forfeited. The forfeiture of a vested property right shall have no effect upon public streets, alleys,
rights -of -way or other lands or easements previously dedicated or conveyed to the Town or
other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of
vested property rights, the site specific development plan shall be subject to all zoning, land use
and general regulations in effect at the time of forfeiture and as such may be amended from time
to time thereafter.
(Ord. 10-14 §3)
7.16.150 Location, Character And Extent
This Section implements and sets forth procedures for the regulation of the location, character and
extent of public facilities as provided by Section 31-23-209, C.R.S., Legal Status of Official Plan, as
amended. It is the intent of this Section to conform to the provisions of Section 31-23-209, C.R.S., to define
the factors to be considered in the "Location, Character and Extent" process and to prescribe procedures
for the orderly consideration of location, character and extent applications in order to effectuate the
purposes of the state statute.
(a) Applicability. No road, park, public way, ground or space, no public building or structure and no major
facility of a public utility shall be constructed or authorized, and no building permit for the same shall
be issued, in the Town unless and until the proposed location, character and extent thereof has been
submitted to and approved by the Town. Routine extensions of public utility lines, extensions or
installation of, associated amenities within existing public parks and Town -owned properties, and
minor modifications to existing facilities shall not be subject to this procedure.
(b) Review Procedures. 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
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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, 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.
(c) Review Authority. The PZC shall review applications for location, character and extent after
conducting a public hearing. The PZC may approve, approve with conditions or deny an application
for location, character and extent. In case of disapproval or approval with conditions which are not
acceptable to the applicant, the PZC shall communicate its reasons to the Council. The Council shall
review such decision of the PZC as soon as practical after conducting a public hearing and shall have
the power to overrule or modify such decision by a majority vote. The public hearing by Council shall
only require posted notice three (3) days prior to the hearing. If the public way, ground space,
building, structure or utility is one the authorization or financing of which does not, under the law or
charter provisions governing the same, fall within the province of the municipal governing body, the
submission to the PZC shall be by the governmental body having jurisdiction. The decision by the
Council to disapprove or approve with conditions which are not acceptable to the governmental body
having jurisdiction may be overruled by said governmental body by a vote of not less than two-thirds
(?) of its membership.
(d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for
recommendations and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of this Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the public way, place, structure, facility or utility;
(4) Compatibility with surrounding land uses; and
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including but not
limited to traffic, noise, odors, vibrations and property values.
(Ord. 21-09 §7, Ord. 13-14 §2; Ord. 10-14 §3)
7.16.160 Sign Plan
The purpose of the sign plan review process is to ensure compliance with the sign design standards
and provisions of this Development Code for properties with multiple tenants or unit owners, or properties
requiring multiple signs as required by corporate branding or similar. it us designed to eRGOUFage qUality
signs refleGtiye of the goals, PGIOGies and objeGfives of the Comprehensive Plan
(a) Applicability. A sign plan or sign permit for signs within an existing development and previously
approved Sign Program, shall be required for all new signs and for any modification to an
existing sign plan or romprehensive sign program.
(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 Program.
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i. Major sign plans include'" nare considered master sign programs. -,and
mModifications to master sign programs that substantially change the location, size,
or other critical elements of allowed signs on the property are amended using the
major sign plan application.
ii. Minor Ssign Program Pplans. +ride mModifications to a der sign program that
do not substantially change the location, size, or other critical elements of allowed
signs on the property, as are determined by the director. Minor amendments to a
master --sign program are captured through the minor sign plan application.
(2) Minor sign plans or permits +eslude shall be required for the following sign types:
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 dot sjn plan applications. Existing signs
that are being modified or replaced will require either a building permit application (sign permit)
or a planning application (sign plan).
(d) Notice and Hearing. PZC shall review and render a decision or recommendation on the
development major sign 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 7.16.180, Appeal. The Director shall not conduct a public hearing for administrative
review and decision on development minor sign plan or permit applications.
(e) Review Authority. The review authority for a development plan application shall be determined
by the category.
(1) Major Master Sign Plan (Sign Program). 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 7.16.180, 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 7.16.180, 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
all sign plan applications:
(1) Evidence of substantial GOMplianGe conformance 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;
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(4) The quality of the materials to b utilizedanyproposed i����
(5_) The visual impact of any proposed improvement, as viewed from any adjacent or
neighboring property;
(61) The objective that no improvement will be so similar or dissimilar to other signs in the
vicinity that values, will or aesthetin ill he impaired;
{�6) Whether the type, height, size and/or quantity of signs generally complies with the sign
code or sign program, and are appropriate for the project;
4$7) 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 accordance 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.
Sign Permit. Application for a Sign Permit shall include the submittal of:
A drawing to scale which depicts the location of the proposed sign in relation to buildings,
setbacks and property lines, plus the sign height and or clearance above ground.
Design and construction plans adequate to demonstrate compliance with this Sign Code.
A drawing to scale depicting each sign face with its message, materials, and colors.
If illuminated, manufacture's cut sheets, specifications of light fixtures, lamp source(s),
wattage, mounting heights, and light source shielding shall be submitted.
Mounting details for sign. It may be required to provide structural details of the building to
ensure signs will be mounted safely concerning wind and actual sign weight.
(Ord. 18-19 , §9)
CHAPTER 7.20 -Zone Districts and Official Zoning Map
7.20.085 Mixed -Use and Commercial Districts Encroachment Provisions (NEW)
This section is being amended to address objects that are commonly permitted in setbacks in all
jurisdictions and or are commonly found on Avon properties as a customary installation (e.g. air
conditioning units), but it is not clear what the placement parameters include. As properties redevelop, they
will typically max out square footage, leaving little room for things like mechanical equipment. This is
especially important with technological changes including battery storage for EV chargers, and clarifies that
certain landscaping features like patios, are now being acknowledged with clarity.
a) All Mixed -Use and Commercial Districts:
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Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading
features; sills, belt courses, cornices and similar features; and flues and chimneys may project
not more than four feet into a required setback area up to twenty-four (24) " inches of a
neighboring property line.
Patios, walks, at -grade steps and portable play equipment may project into a required setback
up to twenty-four (24) inches of a neighboring property line.
Fire Escapes and Individual Balconies. Fire escapes and individual balconies not used as
passageways may project eighteen 18) inches into any required side setback at the ground
level or up to four (4) feet into any required front or rear setback on the second level up to
twenty-four (24) inches of a neighboring property line.
Stairways and decks greater than thirty (30) inches in height may project eighteen (18) inches
into any required front, side or rear yard. Decks that are less than thirty (30) inches in height
may project into any required front, side or rear setback up to twenty-four (24)" of a
neighboring property line.
Satellite dishes that are no more than three U feet in diameter may be located within a
required setback. Any satellite dish with a diameter greater than three (3) feet shall be located
so as to comply with the setback requirements of the underlying zone district;
Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not usable as
habitable floor area may extend above the height limit not more than 10% of the height limit nor
more than fifteen (15) feet.
Exterior air conditioning or cooling units immediate to a residence may be located within
setbacks up to twenty-four (24)" of a neighboring property line.
In no case shall any encroachment affect firefighting access requirements.
Encroachments are not permitted where existing landscaping consisting of any tree canopy or
potential branch width, is within at least ten (10) feet of the structure.
In no instance can any encroachment be located within an easement unless permission is
aranted for the encroachment.
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7.20.090 Overlay districts.
(a) Short Term Rental Overlay - STRO.
(1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term
rentals of properties, including but not limited to accommodation, apartments, bed and breakfast,
condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days
subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district
which shall apply to allow short term rentals of properties. Properties in the STRO zone district
shall otherwise be subject to all requirements of the underlying zone district.
(2) Allowed Use. The following uses shall be permitted in the STRO District:
(i) The uses permitted in the underlying zone district or planned unit development (PUD).
(ii) Short term rental, except that short term rental use shall not be permitted for any residential
unit which is deed restricted for affordable housing, long term residential use, primary
residential use or full time residential use.
(3) Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of
property for a total continuous duration of less than thirty (30) days.
(4) Development Standards. The developments standards within this overlay zone district are
regulated by the underlying zone district.
(5) Sales and Public Accommodations Tax License. Any property owner who leases or rents property
in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public
accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax
license or public accommodations tax license prior to using property for short term rental in the
STRO shall be a violation and subiect to penalties as described in Title 3.
(b) Short Term Rental and Town Core:
(1) Intention. Properties located inside of the Town Core may be permitted to allow short term rentals
in all zone districts and Planned Unit Developments("PUDs") for fewer than (30) days subject to the
provisions of this Chapter. Properties shall make an application to allow short term rental, subject
to all requirements of the underlying zone district and the Avon Municipal Code.
(i) STRs shall be issued in accordance with Avon Municipal Code [Title
(2) Allowed Use. The following uses shall be permitted:
(i) Short term rentals.
(ii) Other Uses shall be permitted pursuant to the provisions in the underlying zone district.
(iii) Short term rentals shall not be permitted within any residential unit which is deed restricted or
reserved for: Community Housing, long term residential use, a primary residence as defined in
f3.12.0201 or for full-time residential use.
(c) Planned Unit Development. All PUD zone districts shall comply to the dimensional and
development standards as well as the review processes and criteria outlined in Section 7.16.060,
Planned Unit Developments.
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(d) Town Core Boundary. The Town Core Boundary is a delineated area of the Town of Avon where
certain design standards and administrative procedures, unique to this area, are permitted in
accordance to the Avon Municipal Code. The review process is outlined in Section 7.16.045.
(Ord. 22-09, 2; Ord. 17-05 65; Ord. 10-14 0)
CHAPTER 7.24 - Use Regulations
7.24.050 - Use -specific regulations.
(a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses)
must conform to siting and use provisions of the Avon Comprehensive Plan.
(b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved
accessory uses.
(c) Home Occupations. A home occupation must comply with the following limitations and conditions:
(1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the
dwelling unit where such activity is taking place;
(2) The use is limited to no more than five (5) customers or visitors, other than the occupants, per day;
(3) if the use Is a day GaFe, the Lise is limited tO RG FnGFG Ghildren than allowed by the state IlGense for
(4-3) The use does not have visible storage of equipment or parking of vehicles not normally
associated with a residential use, including but not limited to trucks with a rating greater than
three-quarters (1/4) ton, earth -moving equipment or cement mixers;
(54) The use does not alter the exterior of the property or affect the residential character of the
neighborhood;
(6-5) The use does not interfere with parking, access, other normal activities on adjacent properties or
with other units in a multifamily development;
(7-6) Employees are not permitted to work on the property; the use shall be carried on by the
inhabitants of the property;
(8-7) The use does not require alteration to the residence to satisfy applicable Town fire or building
codes or county health regulations;
(9-8) Exterior signs are not permitted; and
(40-9) There may be only incidental sale of stocks, supplies or products.
(d) Family Child Care Home standards:
(1) Family Child Care Homes must be licensed by the State and comply with all applicable State
regulations promulgated by the Colorado Department of Human Services, and all applicable local
zoning and building regulations.
(2) The Family Child Care Home shall acquire and keep current a valid town business license.
(3) This use is limited to no more children than allowed by the State license.
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(4) The residence slated for this use must be in general compliance with the design provisions of the
Avon Municipal Code Chapter 7.28 Development Standards.
(d-e) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the
following limitations and conditions:
(1) The marketing and sales practices for a timeshare development shall not include solicitation of
prospective purchasers of timeshare units on any street, walking mall, courtyard or other public
property or facility unless otherwise permitted by the Town.
(2) The parking requirement for a timeshare development shall be calculated by applying the parking
standard for the underlying zone district for lodge uses. The parking requirement shall be
calculated based on the maximum number of proposed lock -off units in the development, unless an
appropriate level of guest transportation services, such as vans, car -share or shuttle vehicles, are
offered as an alternative to having owners and guests using their own vehicles in the Town.
(3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on -site when
the owner is not using the estate.
(. I Short Term Rental must comply with the following limitations and conditions:
(1) Premises shall conform to the applicable requirements of the Town's building, technical and safety
codes adopted by reference in the Avon Town Charter and Municipal Code.
(2) Premises must comply with the Minimum STIR Management Requirements set forth in the Avon
Municipal Code Section 5.04.050, Short Term Rentals
7.24.060 Special Review Uses
This section is being amended to clarify permit parameters and the clarification of uses that necessitate a
greater level of review pursuant to the Table of Allowed Uses.)
(a) Residential Uses - Household Living.
(1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. The conversion of an
existing building, structure or property to a dwelling, timeshare, interval ownership or fractional fee
ownership ("timeshare") shall be subject to the Special Review Use process if such use is
permitted in the underlying zone district. In addition to the Special Review Use procedures and
criteria for review, all conversions to timeshare ownership shall comply with the Town's adopted
fire, health and building codes; shall comply with the requirements of the zone district in which they
are located; shall comply with all other applicable standards of this Code; and shall comply with the
use -specific regulations for dwelling, timeshare, interval ownership or fractional fee ownership. For
the purposes of this Paragraph, conversion shall mean the change of ownership from a non -
timeshare ownership to a timeshare ownership as defined by dwelling, timeshare, interval
ownership or fractional fee ownership.
(2) Dwelling, Ground Floor. Residential uses are prohibited on the ground floor of a mixed -use
structure in the NC, MC and TC districts. Residential uses may be permitted on the ground floor in
the NC and MC districts by special review.
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(3) Public Uses. Public uses, as defined in Table 7.24-1, Allowed Uses, are only permitted in mixed -
use structures through special review.
(b) Residential Uses - Group Living.
(1) Boarding/Rooming House or Private Dorm:
(i) A boarding/rooming house or dormitory shall provide a minimum of one hundred fifty (150)
square feet per person of net living area, including sleeping, bathroom, cooking and lounge
used in common.
(ii) Occupancy of a dormitory sleeping unit shall be limited to no more than eight (8) persons.
(2) Group Homes:
(i) Group homes shall comply with the occupancy, dispersal and other requirements found in
the state statutes and regulations for group homes.
(i i) Group homes shall not be located closer than seven hundred fifty (750) feet from another
group home, shall be used exclusively for no more than eight (8) persons and shall be in
compliance with all town, state and federal health, safety and fire code provisions.
Compliance with state statutes is mandatory.
(iii) Reasonable Accommodation by Town Administrator. In consideration of the requirement of
the Federal Fair Housing Act ("FHA") (42 U.S.C. §3601, et seq.), that local governments
make reasonable accommodations in order to permit housing for persons with disabilities,
the Town Manager (in consultation with the Town Attorney) is authorized to approve minor
modifications of building setbacks, height, lot coverage or occupancy limits in order to
provide reasonable accommodation for residential group homes without the need for an
additional hearing. The Town Manager may approve a reasonable accommodation other
than that requested by the applicant if the Town Administrator concludes that an alternative
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accommodation would have fewer impacts on adjacent neighborhoods. The decision of the
Town Manager regarding an FHA application for a reasonable accommodation shall contain
written findings of fact as to the need for the accommodation and the authority to approve the
requested accommodation.
(c) Public and Institutional Uses - Child Care Center.
(1) All child care centers, regardless of type or size, shall meet the applicable licensing requirements
of state statutes (Section 26-6-102, et seq., C.R.S.) and the Regulations of the Colorado
Department of Human Services (12 CCR 2509-9).
(2) As a principal use, the child care facility must meet the following standards:
(i) Outdoor recreation use.
(A) Not be closer than fifteen (15) feet to the edge of a vehicular public right-of-way.
(B) Not be within a parking area.
(i) Parking areas and vehicular circulation patterns:
(A) Assure the safety of children as they arrive at and leave the facility.
(B) Include a traffic management plan which includes a designated pickup and delivery area.
(C) Locate all vehicle stacking lanes on site with an on -site turnaround or have separate
points for vehicle ingress and egress.
(ii) Outdoor play activities are subject to PZC approval and must be compatible with surrounding
land uses.
(3) As an accessory use, the facility must meet the standards above, plus:
(i) Comply with Section 7.24.070 below; and
(ii) Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking
and similar considerations.
(4) A child care center shall provide one (1) off-street parking space per employee and a child
loading/unloading area of adequate dimensions, preferably off-street.
(5) Home day cares shall provide an adequate and safe drop-off area which may be a private
driveway or on the street, provided that the drop-off does not impede normal neighborhood traffic
flow or parking.
(d) Public and Institutional Uses - Bus Terminal and Bus Stops.
(1) All bus terminals shall be designed specifically for bus service and shall include sufficient space
for waiting passengers, ticketing, restrooms and related operational facilities.
(2) All operations except passenger/ cargo loading and unloading shall be conducted inside the bus
terminal building.
(3) Bus stops that are installed in conjunction with the development shall be approved by the transit
authority to ensure adequate size, safety, protection from weather, appropriate location and
related street/pull-off design for bus maneuvering.
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(e) Commercial - Animal Sales and Service.
(1) Animal Boarding, Animal Hospitals, Kennels and Veterinarian Clinics. All of the above uses shall
have their principal entrance and exit to the property on a collector street and, if serving large/farm
animals (e.g., horses, sheep), shall be located on a site no less than five (5) acres. There shall be
no ingress or egress to local streets.
(2) Animal Outdoor Activity Areas. Any outdoor activity areas, such as kennels, runs or exercise
areas, shall be subject to the following. The facilities shall:
(i) Only be used between the hours of 7:00 a.m. to 7:00 p.m.;
(i i) Be supervised by qualified personnel;
(iii) Be located at least three hundred (300) feet from any residential zone;
(iv) Not cause loud and incessant noise or fouling of the air by odor thereby creating annoyance
or discomfort to the neighbors or others in close proximity;
(v) Not foster an excessive number of flies or other insects; and
(vi) Not otherwise cause any unsanitary conditions in the enclosures or the surroundings where
the animals are kept.
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(3) Kennel.
(i) All facilities, including pens, kennels, cages and exercise runs, in the RL and RD districts
shall be maintained within a completely enclosed, soundproof building so that, to the
maximum extent feasible, noise and odor cannot be detected off -premises.
(i i) In the IC district, kennels may have outdoor facilities, including runs and exercise areas, but
such facilities must not be located within one thousand (1,000) feet of any residential district.
iii Daily animal care kennels must have at least two (2) dedicated parking spots or a dedicated
pull -off that accommodates at least two (2) stacked vehicles for animal drop-off and pick-up
near the facility entrance or parking spots attached to a dedicated pedestrian path if parking
is in the side vard or rear of the facility.
(4) Veterinary Clinic, large (with outdoor runs).
(i) In the IC district, veterinary clinics may have outdoor facilities, including runs and exercise
areas, but such facilities must not be located within one thousand (1,000) feet of any
residential district.
(ii) All facilities, including pens, kennels, cages and exercise runs in the RL district, shall be
maintained within a completely enclosed, soundproof building so that, to the maximum extent
feasible, noise and odor cannot be detected off -premises.
(f) Commercial - Financial Service, with drive-thru.
(1) Stacking spaces for drive-thru service shall be provided pursuant to Subsection 7.28.030(e), Drive
Through Requirements.
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(2) A drive-thru shall be located, sized and designed to minimize traffic, noise, air emissions and glare
impacts on surrounding properties.
(3) The drive-thru shall be screened from adjacent rights -of -way and properties through architectural
elements, screening, landscaping or site design.
(4) A landscaping buffer is required when drive-thru uses abut residential lots in a residential or
mixed -use district.
(5) The noise generated on the site by talk boxes shall be inaudible at the property line.
(g) Commercial - Food and Beverage Services.
(1) Restaurant. An eating and drinking establishment allowed under this Code may provide outdoor
seating areas for customers following development plan approval and issuance of a liquor license.
The approval of outdoor seating shall be reviewed against the following criteria:
(i) Permitted outdoor seating areas may utilize the public right-of-way. However, the seating
area shall not obstruct the movement of pedestrians or fail to meet ADA requirements for
sidewalks and public ways.
(ii) In approving outdoor seating, the Design Review Board may impose conditions relating to
location, configuration and lighting and other operational features of the use to ensure
compatibility with surrounding uses, maintenance, sound and compliance with other
applicable Town codes.
(2) Restaurants, with drive-in or drive-thru. Refer to Subsection 7.24.060(f), Commercial - Financial
Service, with drive-thru (above) for standards.
(h) Commercial - Vehicles and Equipment.
(1) Automobile Vehicle repair shop, minor:
(i) Outside storage or repair work is not allowed.
(i i) Body work and spray painting must be confined to properly ventilate indoor bays that shall be
closed from the outdoors during use.
(iii) Sales of new and used motor vehicle parts are allowed as an incidental use to the repair
shop; however, no outside storage of product is allowed.
(iv) Service bay openings facing a public street or a residential zoning district shall be screened
to a height of at least six (6) feet.
(2) Car wash:
(i) To the maximum extent practicable, the entrance to a car wash bay shall be sited so as not
to be visible from the primary street frontage.
(i i) Notwithstanding the general setback requirements in districts where this use is permitted, a
twenty -foot setback for vehicle wash and service bays, service areas or canopies is required
from any adjacent street. The setback shall be landscaped in accordance with Section
7.28.050, Landscaping.
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(iii) Stacking of cars shall be accommodated on site and in conformance with the on -site parking
requirements in Subsection 7.28.020(e), Off -Street Parking.
(iv) Vehicle wash or service bays facing a rear or side setback shall be screened from adjacent
residential properties by a screening wall or fence of at least six (6) feet in height.
(v) Outdoor vacuuming facilities may be outside, but not in the front yard setback nor closer than
one hundred (100) feet from any residential district.
(3) Gasoline/fuel stations:
(i) A fuel pump canopy shall utilize the same architectural design and materials as the principal
building on the lot.
(ii) Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare
or light spillage at the property line. Lights and fixtures shall not extend below the surface of
the ceiling of the canopy.
(iii) Lights shall not be mounted on the top or sides (fascias) of the canopy and shall not be
externally illuminated, except as part of an internally illuminated sign that meets the
standards of Chapter 15.28, Sign Code.
(iv) Canopy lighting shall not exceed twenty (20) lumens per square foot under canopies.
(Ord. 21-09 §12, Ord. 13-02 §5; Ord. 12-02 §3; Ord. 10-14 §3)
CHAPTER 7.28 - Development Standards
7.28.030 Access Drive Requirements
(a) Purpose. The purpose of this Section is to direct the design of access to developments to help ensure
the safety and mobility of the traveling public.
(b) Applicability. The provisions in this Section are applicable to all development.
(1) The Town Engineer may accept minor modifications from the standards of this section if an
equivalent level of public safety can be demonstrated by the applicant requesting the
modification. Requests for modifications shall include justification of safety equivalency and a
demonstration of the acceptability of the alternative to the relevant emergency service
providers. A minor modification may include, but is not limited to, grade percent of private
driveway slope or similar.
(c) State Design Standards. Pursuant to Section 43-2-147 (1)(a), C.R.S., access approaches to
roadways under the jurisdiction of the Town must meet the design standards found in Sections 3 and
4 of the Colorado State Highway Access Code, 2 CCR 601-1. In addition, those parcels directly
accessing highways under the jurisdiction of the Colorado Department of Transportation shall be
required to obtain a State Highway Access Permit pursuant to the State Highway Access Code.
(d) Additional Standards. In addition to the foregoing, public and private access approaches and
driveways shall be subject to the following standards:
(1) Access By Emergency and Service Vehicle:
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(i) All dwellings and other structures shall be accessible by emergency and service vehicles.
All dwellings and other structures shall be accessible by emergency and service vehicles.
A maximum grade of ten (10) percent and a minimum centerline radius of forty-five (45)
feet is recommended to comply with the International Fire Code (IFC). A maximum grade
of eight (8) percent and a minimum centerline radius of forty-five (45) feet is recommended
for driveways on north -facing slopes or other slopes prone to icing from lack of winter solar
exposure. Curves should be widened generously in both circumstances. Private access
drives that do not achieve the minimum or exceed the maximum recommendations must
obtain preliminary approval of the proposed driveway design from all emergency providers
prior to permit approval and driveway acceptance prior to the issuance of a Certificate of
Occupancy.
(ii) Unless otherwise approved by the Eagle River Fire Protection District, public and private
access approaches and driveways in excess of one hundred fifty (150) feet in length shall
be provided with adequate area for emergency vehicle turnaround in close proximity to the
residence or structure served. Access approaches and driveways in excess of three
hundred (300) feet in length shall provide an area adequate for emergency vehicle
turnarounds in close proximity to the residence or structure served and shall also provide
vehicle turnouts where the driveway is expanded to be at least eighteen (18) feet wide at
one -hundred -fifty -foot intervals. Alternatively, the private accesses or driveways may be
designed to accommodate two-way traffic. Turnarounds shall be constructed in accordance
with Town standards. The Town Engineer may request a turning movement exhibit at any
time during application review.
(2) Driveways in Mountainous Terrain:
(i) Applicability. All driveway access and parking lots on lots containing slopes in excess of
thirty percent (30%).
(ii) Driveways on lots with slopes greater than thirty percent (30%) shall be designed to ensure
safe, convenient and adequate access to individual buildings and shall conform to the
following standards:
(A) Driveways shall to the maximum extent feasible follow natural contour lines.
(B) Driveways shall minimize disturbance or the cutting of slopes. Shared driveways are
encouraged when the design will minimize cut, fill and disturbance of slopes.
(C) Driveways shall not cross slopes over thirty percent (30%) unless specifically
authorized by the PZC, after finding that all of the following conditions and constraints
are applicable:
(1) No alternate location for access is available;
(2) No significant adverse visual, environmental or safety impacts will result
from the driveway crossing, either as originally proposed or as a result of
incorporation of remedial improvements provided by the developer to
mitigate such impacts.
(iii) Proposed development on lots with mountainous terrain may require the preliminary layout
and design of the individual driveways at the preliminary plan stage and the precise design
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of the driveway at the final plan stage, to assure that access can be provided to each
dwelling unit served by the driveway in compliance with the standards of this Section.
(iv) Driveways may be considered public improvements and thus collateralized, constructed
and subject to the terms and conditions of the other public improvements in the
development.
(3) Driveways Requiring Significant Cuts and/or Fills Discouraged. Driveways that require significant
cuts and/or fills are discouraged. Applicants are encouraged to relocate development to areas
within the proposed development where such cuts and fills are not required.
(4) Clearance From Intersections. Driveways shall be restricted for a sufficient distance from any
intersection with road approaches to preserve normal and safe movement of traffic. Driveways
shall provide the following intersection clearances, exclusive of driveway and intersection return
radii or flares.
(i) A minimum intersection clearance of fifty (50) feet shall be provided for residential
driveways and a minimum intersection clearance of one hundred (100) feet shall be
provided for commercial driveways.
(ii) In the Town Core, a minimum intersection clearance of fifty (50) feet shall be provided for
residential and commercial driveways where dedicated turn lanes for the driveways will be
present. Where there are no dedicated turn lanes, the minimum fifty -foot intersection
clearance may be extended at the direction of the Town Engineer.
(5) Backing Onto Roads Prohibited. All parking areas shall be located and designed in conjunction
with a driveway, such that vehicles exiting from a parking space shall not be required to back
onto the right-of-way of a public street; provided, however, that vehicles exiting from a parking
space for a single-family or duplex dwelling unit may back onto a local street if it does not
present any safety concerns. Vehicles exiting from a parking space for any use may also back
onto the right-of-way of an alley adjacent to the property.
(6) Maximum Number of Entryways. Generally, no more than one (1) entryway shall be allowed for
any parcel of property where the frontage is less than one hundred (100) feet. Additional
entrances or exits for parcels of property having a frontage in excess of one hundred (100) feet
shall be permitted only when the applicant demonstrates they are required for necessity, create
a better site design and that safety to the traveling public will not be compromised.
(7) Not Encroach. All driveways shall be located so that the flared portion adjacent to the traveled
way shall not encroach upon adjoining property.
(8) Minimum Width. The minimum width of the commercial access driveway shall be ten (10) feet
for a one-way drive and twenty-four (24) feet for a two-way drive. The minimum width of the
industrial access driveway shall be twelve (12) and twenty-four (24) feet, respectively.
(9) Residential Driveway Requirements. Residential curb cuts and driveway grades shall meet the
following requirements:
(i) The driveway curb cut width, not including the radii on driveway return, shall be between
ten (10) feet and fourteen (14) feet wide for single-family and duplex lots. Residential multi -
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family accesses (three [3] or more units) shall have a driveway curb cut width, not including
the radii on driveway return, between twenty (20) and twenty-four (24) feet wide;
(ii) The driveway grade shall not exceed four percent (4%) for the first twenty (20) feet
measured from the edge of pavement of the adjoining street, unless otherwise accepted by
the Town Engineer and emergency providers as required in 7.28.030.D.1.i;
7.28.060 Screening
This section is being amended to update references to exterior equipment and objects requiring screening.
(a) Purpose. Certain site features are required to be screened from public view or adjacent properties, as
indicated in this Section. All fences, walls and plant materials used to meet the screening
requirements of this Section shall meet the related standards of this Chapter.
(b) Minimum Screening Requirements. The following shall be screened on all properties:
(1) All outdoor refuse facilities, compost, and recycling receptacles.
(2) All antennas shall be located so that they are screened from view from any public right-of-way or
neighboring property. Screening may be accomplished by or through the use of landscaping
materials, existing structures, sub -grade placements or other means that both screen the
antennas and appear natural to the site.
(3) Satellite dishes shall be screened from neighboring properties. Screening must be accomplished
through the placement of the satellite dish on the building. A separately built fence may not be
used. If this standard cannot be met in a manner that achieves an operable satellite dish on the
property, then the Town will work with the property owner to select the least visually intrusive
placement where the satellite dish is operable.
(4) Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fully
screened from view from all public rights -of -way and all neighboring properties.
(c) Mechanical Equipment. The standards of this Section shall apply to all of the following:
(1) Electrical and gas -powered mechanical equipment;
(2) Ductwork and major plumbing lines used to heat, cool or ventilate; and
(3) Power systems for the building or site upon which the equipment is located.
(4) Roof and/or wall -mounted antennas and vent openings shall not be considered mechanical
equipment for purposes of these screening standards. The standards of this Section are not
intended to apply to solar arrays, solar energy collection systems or small wind energy systems,
if such systems are otherwise in compliance with applicable building codes and development
standards requirements.
Exterior wall mounted or free-standing HVAC systems or components, thereof.
(d) Screening Standards
(1) Roof -Mounted Mechanical Equipment. Roof -mounted mechanical equipment shall be screened
by a parapet wall or similar feature that is an integral part of the building's architectural design.
The parapet wall or similar feature shall be of a height equal to or greater than the height of the
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mechanical equipment being screened. Roof -mounted mechanical equipment, except solar
energy collection systems, is prohibited on single-family residential dwellings.
(2) Wall -Mounted Mechanical Equipment. Wall -mounted mechanical equipment, except portaNe air
conditioning equipment (e.g., window AC units), that protrudes more than six (6) inches from the
outer building wall shall be screened from view by structural features that are compatible with
the architecture of the subject building. Wall -mounted mechanical equipment that protrudes six
(6) inches or less from the outer building wall shall be designed modified to blend with the color
and architectural design of the subject building to the greatest extent practicable.
(3) Ground -Mounted Mechanical Equipment. Ground -mounted mechanical equipment shall be
screened from view by landscaping, a fence or a decorative wall that is integrated into the
architecture of the structure. The fence or wall shall be of a height equal to or greater than the
height of the mechanical equipment being screened. Ground -mounted mechanical equipment
that requires significant air intake and cannot be screened using fencing or landscaping may be
modified using alternative techniques (e.g. painting) with Community Development Director
approval.
(4) 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 7.16.080,
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.
(e) Loading and Service Areas.
(1) All service areas shall be placed at the rear, on the side of or inside buildings.
(2) No service area shall be visible from a public right-of-way or from adjacent residential areas.
(3) Service areas and access drives shall be located so they do not interfere with the normal
activities of building occupants or visitors on driveways, walkways, in parking areas or at entries.
(4) Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks,
areas designated for permanent parking or storage of heavy vehicles and equipment or
materials.
(5) Screening shall be long enough to screen the maximum size trailer that can be accommodated
on site.
(f) Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the following shall
be used to screen outdoor storage areas from adjacent properties and ROWs:
(1) Freestanding walls, wing walls or fences;
(2) Earthen berms in conjunction with trees and other landscaping; or
(3) Landscaping, that must be opaque and eight (8) feet in height at maturation.
(g) Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shopping
cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic
corrals are prohibited.
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(h) Refuse Facility/Dumpsters
(1) All refuse facilities, including new refuse facilities placed on an existing development, shall be
completely screened from the public right-of-way and adjacent nonindustrial zoned properties.
(2) Screening shall be achieved by a six-foot masonry wall or wooden fence. Agate opening to the
facility shall be situated so that the container is not visible from adjacent properties or public
ROW. Chain -link gates are not permitted. Gates must have tie -backs to secure in the open
position.
(i) Screening Materials and Design.
(1) Unless otherwise provided in this Section, screening may be accomplished by fencing, plant
materials or both fencing and plant materials. Screening with plant materials shall achieve
opacity by maturity. Masonry walls may be allowed for screening only if they are designed as an
integral component of the building architecture. In all cases, plant materials must be used to
screen utility boxes.
(2) No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unless
required in other subsections of Section 7.28.060.
(3) Berms.
(i) Minimum Requirements:
(A) Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and
(B) Berms must be stabilized with vegetation consistent with the requirements of the
landscape area.
(C) Berm may not be installed as a means to block views of neighboring properties or
interfere with drainage systems.
(Ord. 23-01, § 2(Exh. A); Ord. 21-09 §15; Ord. 10-14 §3)
7.28.080 Fences
This section is being amended to increase the wind speed requirement, consistent with Building Codes.
7.28.080.(b)(2)(11)(C)
(C) Solid fences shall be constructed to meet the wind design criteria including wind
speed minimums of the adopted International Building Code.
wind speed of ninety (90) moles per hour
7.28.090 Design Standards
This section is being amended to address a roof pitch that is currently not recommended.
7.28.090(d)(3)
(d) Generally Applicable Residential Design Standards:
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(1) Applicability. The standards in this Section are applicable to the development of any residential
development pursuant to Section 7.28.010, Purpose and Applicability.
(2) Building Separation. The minimum separation between residential buildings, including accessory
buildings, is fifteen (15) feet. Architectural projections, such as decks, bay windows and roof
overhangs, may project into the separation area, but may not encroach into required setbacks.
(3) Roofs:
(i) All residential buildings shall have pitched roofs with a detectable rise of not less then
four (4) inches in twelve (12) inches of distenne. Primary roofs shall have a four -to -
twelve (4:12) minimum and a twelve -to -twelve (12:12) maximum. However, other primary
roof forms may be permitted if it is demonstrated that the proposed roof design has
implemented considerations of environmental and climatic determinants such as snow
shedding, drainage, fire safety and solar exposure.
Secondary roofs shall have a four -to -twelve (4,12) minimum and motel roofs shell
have a three -to -twelve (3!12) minimum be pitched whenever practicable, consistent with
the primary roof. However, Hat roofs may be permitted if the flat
roof is consistent with the architectural style of the building.
(ii) All buildings shall incorporate roofline modulation. Rooflines should be designed so as not
to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or
entryways. Secondary roofs, snow clips and snow guards should be utilized to protect
these areas from roof snow sheddina if necessary
7.28.0900)(4)(ix)
(ix) Roofs. Roofs will serve to define scale. In addition to the general requirements of
Paragraph 7.28.090(c)(4), the following regulations shall apply to the roofs on mixed -use
and nonresidential structures:
(A) The use of dormers (shed, peaked, eyebrow, etc.) is required to help break up
large expanses of roof, to enhance the usability of attic spaces and to add visual
interest. Secondary dormers and roof elements shall be proportional to scale and
style.
(B) All primary roofs and secondary shed roofs shall haW „itches of no less than
four -to -twelve (4:12) be pitched for drainage purposes, unless otherwise
designed incorporating a drainage system.
(C) Overhangs are required on pitched roofs. The minimum overhang length
(measured from the point where the wall meets the roof) is eighteen (18) inches
for structures two (2) stories or less. For structures between three (3) and four (4)
stories the minimum overhang shall be twenty-four (24) inches. For structures
exceeding four (4) stories, the minimum overhang length shall be thirty-six (36)
inches for primary roofs.
(D) Flat roofs are discouraged, except for limited roof areas for the location of
concealed mechanical equipment or for architectural effect.
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(E) Roofs shall be varied and articulated; however, valleys and complex roof forms are
a potential source of ice build-up and water damage and shall be used carefully
and sparingly.
(F) Roofs shall be proportional to the height and scale of the various building
elevations. The primary roofs and upper portion of the walls shall be articulated so
as to minimize their visual impact on surrounding properties, which may include
such measures as the introduction of decks and the lowering of rooflines.
(G) In the Town Center, unglazed concrete, copper, metal or terne-coated steel are
acceptable roof materials. Wood shake shingles are prohibited. Asphalt and
fiberglass are generally discouraged. Tile and metal roofs shall be a dull finish or
patina naturally over time and be muted to fit within the context of the overall
building design.
(H) All snowmelt systems must be in compliance with Building Code.
CHAPTER 7.32 - Engineering Improvement Standards
7.32.040 — Paved tTrail design.
This section is being amended to remove the term Paved, as it is a misnomer.
CHAPTER 7.34 - Sign Code
7.34.010 Sign Code
This section is being amended to clarify, reorganize information in a logical fashion, and to ensure Avon
visually remains relevant.
(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.
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(b) Definitions. As used in this Chapter, the following terms shall have the meanings indicated:
Advertised sale means a business has run an online, print, and or radio promotion to the public for a
limited -sale event.
Aggregate 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 lighting to 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. See also Temporary Sign
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.
Canopy 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 signs.
Clearance (of 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 wording on 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 of grid lights, including cathode
ray, LED, plasma, LCD, fiber optic, or other electronic media or technology.
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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 degrees (900).
Drive -through sign means a permanent sign located along a drive -through lane.
Electronic sign means a sign utilizing video screens, variable message, digital display and similar
features. Illumination sources may include, but are not limited to, LCD, LED, incandescent, and other
similar light sources. Messages may roll, scroll, dissolve and alternate periodically.
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.
Feather sign is a type of advertising signage that is shaped like a feather or flag and is used to
promote a business, event, or product. Also known as feather flags, teardrop flags, flag banners, beach -
wings, and promotional flags.
Finished grade means the existing level of a property after any development or construction activity
and prior to the erection of a sign
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.
Flashing sign 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.
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.
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 illuminating the sign.
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Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians
passing along the adjacent sidewalk.
Legal Nonconforming 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 canopy of rigid materials supported by, and
extending from, the facade of a building.
Marquee sign means any sign attached to a building or supported by a marquee structure.
Masonry inscription means any text or numeral etched into masonry.
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.
wall.
Mural means a work of art or a Daintina that is aDDlied to, and made an intearal Dart of, an exterior
Nonconforminq sign means anV sign that was approved bV the Town of Avon, erected and maintained
to the enactment of this title and anv amendments thereto, but that fails to conform to all aDDlicable
regulations and restrictions of this title.
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 sign designed 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.
Projecting sign 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.
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Real estate sign means a temporary sign that advertises a building, property, premises, or a portion
thereof, offered for sale, rent or lease, or open house being offered, and may provide information such as
the agent's name, the location of the sales office, or status of a pending transaction.
Reflective surface means any material or device that has the effect of intensifying reflected light, such
as Scotchlight, Day-Glo, glass beads and luminous paint.
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 any object, 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 any 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, or group thereof, that is neither backed by, incorporated in, nor
otherwise made a part of any larger display area.
h4as-ter 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.
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 right-
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. Temporary Signs are
signs allowed for a limited time under this Article.
Town of 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.
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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 signs, and signs on a marquee
or canopy.
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.
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(4) Individual Letters or Symbols. if of individual
letters or symbolls
posed
the wall as the baGkground (signs without baGking), the sign
area sh
using
Gonventionall geometriG shape, with a maximum of three (3) enGlosing
roermbined of the shapes shall he nonsidered the total sign
shapes. The
area
area
(d,) Permitted Signs Generally. The following signs are permitted subject to obtaining the required sign
plan approvals, unless it is specifically stated below that the sign is exempt from review
requirements:
(aCommemorative signs, Gornerstones, and plaques not eXGeeding two (2) square feet
(ex
(2) Gonstrnrtion Signs, must ust he removed on or before the date of issuance of
rertifinate of ornu panry for the nroient (exempt)
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(3) Dire0ionallinformational signs of six (6) square feet or less eac;h or as indic;ated on an
approver) Master Sinn Program (exempt'
(1) Business signs.
(2) Area signs indicating a specific identified district within the Town of Avon.
(3) Joint directory signs.
(4) Event signs, as 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.
(7) Town of Aden signs /exempt��rinrding amr digital display
(8)Cv) Graveston�ecempt� `"'������NN ^• r'
(9) Holiday displays and deGorations
10) Private ignc (exempt).
(exempt).
warn
(1) Signs showing underground or publin utilities (axa�
(4-2)Wall Signs.
(13) Wiindow Signs (exempt, as long as square footage and type requirements are met).
(448)Required street address signs. Address signs of six (6) square feet and smaller are exempt
from the aggregate sign area.
(457)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.
Public parking and loading signs for private property.
Exempt signs.
All sians imalemented by the Town of Avon, includina electronic signs.
(2) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet.
(3) Holiday displays and decorations.
(4) Window signs.
(5) Private warning signs
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(6) Signs showing underground or public utilities.
(7) Real estate signs.
(8) Construction Signs, which must be removed on or before the date of issuance of a certificate
of occupancy for the project.
(9) Directional/informational signs of six
approved Sign Program.
are feet or less each or as indicated on an
(10) Election signs.
(e) Temporary banners, product advertising or sale signs, or similar.
Temporary banners allowed under the following procedure:
The owner or operator of a business or organization may apply to the Town for a Sign
Permit for the temporary banner, unless banner is permitted in conjunction with an
event permit, building permit, or part of a Sign Plan.
ii. A temporary banner may be displayed up to fourteen (14) consecutive
weeks. per calendar year, or for fourteen (14) weeks total during a calendar year,
posted in two (2) week intervals.
iii. 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
Droiection of a buildina.
iv. A business or organization may hang no more than one (1) banner at a time.
Banners allowed as part of an approved event permit. Banner may be posted 2-weeks prior to
the event and shall be removed within 24 hours after the event concludes.
Banner as a temporary sign. Banners may be posted in anticipation of a new business under
construction until permanent sign is achieved. A permanent sign is required to be obtained
within 14 weeks of initial banner Dostina.
(4) Primary contractor banner on construction site fencing or on access gate. Banner may remain
for duration of construction, until site fencina or aate is removed. Banner to be permitted
through building permit process for that location.
Product advertising or sale signs.
i. Interior product signs placed in windows shall be incidental to the business and shall
be limited to twenty-five (25) percent % of the window where it is placed.
ii. Interior or exterior sales signs may be used for the duration of an advertised sale only
and may not be used on an ongoing basis. Signs shall not proliferate either interior
windows or exterior areas so that the property becomes unsightly or conflicts with the
compatibility of neighboring businesses.
iii. Sandwich boards may be used during business hours advertising daily promotions
with placement limited to private property. Signs may not be placed on sidewalks or
within road right-of-way and may not impede pedestrian movements or the
accessibilitv dimensions of the entrance.
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(ef) 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.
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 employees against any and all claims of negligence
resulting from such work insofar as the Chapter has not specifically directed the placement
of a sign.
a. All signs to be placed on light poles or similar objects dedicated to the Town, or,
upon objects located within the public right-of-way require License Agreements prior
to installation.
ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and
placement of signs on a building shall comply with the adepted international adopted
Building Code -(-IDS} 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 anyone (1) building facade. Wall signs may not
interrupt any architectural feature.
iv. Signs are not subject to the setback requirements of the zone district where they 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, 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.
v. 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 a 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
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surfaces. Lightweight fabrics or similar materials shall be mounted securely to a rigid
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.
A Signs shall be readable, with letters large enough to be legible, and with adequate contrast
(3) Sign Materials. Signs shall use quality materials intended for long-term exposure or exterior use
including but not limited to natural stone, anodized metal, routed or sandblasted wood, such as
rough cedar or redwood; interior -lit, individual plexiglass-faced letters; or three-dimensional
individual letters with or without indirect lighting. Signs shall be preserved using high grade paint
or stains, when applicable.
(4) Landscaping. Low-water IL-andscaping is required for all freestanding signs, and should be
designed to enhance the signage aP4 of the surrounding building laed g.
(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. Lit 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;
ii. The sign is permanently or directly applied to the vehicle itself;
iii. Vehicles with signs permanently or directly applied 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 only for
gasoline pricing, parking garage stall counter displays, drive-thru menu boards, drive-thru lane
informational signage, provided that they meet the following criteria:
Such signs shall be equipped with automatic dimmers, which shall be programmed to not
exceed three tenths (.3) footcandles over ambient light levels.
Signs shall not cause distractions to drivers with moving images or similar effects.
iii. Individual letters are limited to seventeen (17) inches in height.
iv. Digital signs are included in sign area calculations.
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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.
(9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone
district, subject to the following regulations:
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.
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.
(qj 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 determining the sign area.
(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 the planes of the sign faces does not exceed ninety degrees (901). The
sign area of a multi -faced sign shall be calculated by adding the area of all sign faces excepting
one (1). If 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 background (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 sign area.
(#sl) 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 (8) feet in height;
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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 sign
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 single family 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 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 by such parcel's listing in a multiple listing service or other real estate listing service.
(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 (113) 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) Generally applicable sign requirements.
Multiple signs. More than one (1) sign is be permitted, provided the total sign area does not
exceed the total allowed for the lot or building.
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) 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 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:
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(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 posting the 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
development plan process for all proposed projects.
The owner, builder, or developer of a building designed for single use shall present to the
Community Development Department a Master Sign Program showing proposed locations
of all signs.
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.
Master Sign Program changes or proposals may not be made without HQA aoxOwner's
Association or building owner approval.
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.
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(2) Program elevation showing locations, overall and letter/figure dimensions,
colors, materials, proposed copy, illumination, and anchoring of each sign
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 Sign Programs 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 and generally modernize the site.
vii. Relevancy of a Sign Program. Sign Programs are expected to be updated to maintain
relevancy with redevelopment occurring within Avon, changes in architectural design,
improvements or updates, or changes to general design trends including materials, colors,
technology, and uses.
Noticeably outdated signaqe shall be replaced as redevelopment within Avon occurs.
Sign programs should be examined and updated every 10 years to ensure plans are
reflective of any changes coinciding with redevelopment or new development within
the town.
1. Outdated signaqe is signaqe that is no longer current or relevant to modern life.
Some sians miaht be considered outdated if thev are:
Signs that are more than 10 years old might need to be updated, even if
they are not damaged or have other issues.
Liij Signs that are faded or deteriorating.
Signs that no longer blend in with the surrounding area or the building's
exterior design.
Branding associated with businesses subject to a Sign Program are permitted to
switch out signs where logos have been modernized without an amendment to the
Sign Program. If the backing of the signs as part of the exchange requires
replacement, sign permits may be necessary to satisfy Building Codes. Signs may
not increase in numbers. nor size with this exchanae.
(i) Prohibited signs. The following signs, unless otherwise stated herein, are prohibited:
(1) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person.
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(2) Signs imitating or resembling official traffic or government signs or signals, or signs creating an
unsafe distraction for motor vehicle operators.
(3) Signs that are in disrepair, 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, with the exception of open and closed signs, or
product branding (e.g. liquor stores).
/Q��ners, eXGept as deSGribedbb ,.,;
i Temporary banners as alloved as pert of an approver) event permit
Temporary banners allowed under the following prOGedure: the owner or operator of
a business or organiz—ation may apply to the Town for a temporary banner for display
up to thirteen (13) weeks per ralenrdar year, for two (2) week intervals Mwim� �m
banner soze is thirty-two (32) square feet Banners shall he in good nonrlition
,
without rips or tears, and all Gorners shall be attaGhed to a building or a projeGtion
of a building A business or organization may hang no more than one (1) banner at a
t
(9) Signs erected on public rights -of -way, except Town of Avon.
(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, unless provided for public safety purposes.
(15) Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches,
streetlights, or placed on any public property or public right-of-way.
(16) Portable wheeled signs and portable message center signs., unless provided for public safety
purposes.
(17) Billboards or Off -Premises signs. between the letters and the background.
(18) Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape.
(19) Statuary 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.
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(21) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in
color.
(22) Freestanding signs supported by a singular pole or post.
(23) Under -canopy or hanging signs that extend beyond the edge of the canopy or roof from which
they are suspended.
(24) Back -lit awning signs.
(25) Internally illuminated cabinet signs are prohibited except for those which use a non -opaque
material and punch -through letters so only the letters are illuminated.
Not Allowed
Allowed
26) Sians advertisina websites. events. oroducts. or services of or for businesses not located on the
subject property are prohibited.
(j) Safety standards.
(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 forty (40) square 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 projecting signs.
(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.
(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
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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
way endanger the public, and was covered by a valid permit or variance or complied with all
previously applicable laws.
(2) A sign 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.
(1) Sign Variations.
(1) The Town recognizes that not all buildings are sized or scaled appropriately to adhere to these
code requirements. If certain circumstances exist where the sign limitations results in a sign that
is undersized or not proportional in scale to the structure, the applicant shall apply for either a
revised Sign Plan (if two (2) or more units or buildings are affected), or, by the PZC through the
application of Alternative Design, pursuant to S Section 7.16.120 for signs concerning only one
(1) unit or building.
CHAPTER 8.24 - Public Nuisances
8.24.065 Driveways must be "' Surface
This section is being amended as the term "paved" was misleading
(a) All driveways and parking areas, on any lot, tract or parcel of land, shall be paved finished or surfaced
with an approved material like asphalt, concrete, gravel, or similar, acceptable to the Town Engineer.
(b) Any lot, tract or parcel of land that gains access to a Town street via an easement through private or
public property shall have a continuous paged surfaced driveway, of an approved material, from the
Town street to such lot, tract or parcel of land.
(c) It is unlawful for any lot, tract or parcel of land to be kept in a manner that causes dirt or mud to be
tracked on to the public right-of-way.
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(d) If any property is found to exist in violation of this Section the property owner, manager or any other
person in control of the property shall be deemed guilty of creating a public nuisance.
This area intentionally left blank
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7.24.040 Table of Allowed Uses
This section is being amended to update and modernize common uses (includes reorganization and the expansion of where some uses are permitted), language,
and simplification of types of uses. Also for review, removal of certain uses not yet established in Avon, thought not to be in the best interest of the Town moving
forward with consideration of sustainable design (e.g. retail drive thru use).
Table 7.24-1 Allowed Uses
Use Category Use Type P - Permitted Use S = Special Review Use Use -Specific
Districts in GREY are retired and not available for rezoning. Regulations
Residential Nonresidential
RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD
M/H C MU
1 /2
Residential Uses
Household Living Dwelling, Single -Family Detached P
Dwelling, P
Two -Family/ Duplex
Dwelling, Townhouse
Dwelling, Multi -Family
Community Housing P
Dwelling, live/ work
Accessory Dwelling Unit S
Dwelling, timeshare, interval
ownership or fractional fee
ownership/ vacation club
Group Living Group homes
Retirement home, nursing home or S
assisted living facility
Accommodation Bed and breakfast S
Hotel, motel and lodge
Public and
Institutional Uses
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P
P
S
P P
P
S
P
P
P
P
P
P
P
P
S
P
Ill
P
P
P
P
P
P
P
S
P P
P
P
P
P
P
P
P
P
P
P
P P
S S
S
P
S
S
S
P
P
S
S S
S
S
S
S
P
P
S S
S
S
S
S
S
S S
S
S
S
S
S
S S
S
S
P
P
P
P
P
P
[1] Limited to 8
units per
building in RM
SF/DU Units
Only
7.24.050(d)
7.24.060(a)
7.24.060(b)
ATTACHMENT A
Use Category
Use Type
P - Permitted Use
S = Special Review Use
Districts in GREY are retired and not
available for rezoning.
Residential
Nonresidential
RD
RL
RM
RH
CH
RH-
NC
MC
CH
TC SC
P
PF
IC OLD
M/H
C
MU
1 /2
Community Services
Art gallery or museum
P
P
P
P
P
P
Community centers
S
S
S
P
S
P
P
S
P
P
P
Library
P
P
Government services, offices and
S
P
P
P
P
P
facilities
Post office branches
S
S
S
P
P
P
Religious assembly
S
S
S
S
S
S
S
S
S S
S
S
Day -Child Care
Preschool, nursery school
S
S
S
S
P
S
S
P
S
S
S
Family Child Carejn Hhome
S P
S P
S
S
S P
S P
S P
S P
P
S
S
P
P
P
P
Child Care Center
S
S
P
S
S
P
S
Educational Facilities
College or university (nonexempt)
S
P
S
S
P
P
School, K-12 (public and private)
P
P
P
P
S
P
P
S
P
School, vocational- technical and
P
P
P
trade
Parks and Open
Arboretum or botanical garden
S
P
P
P
Space
Community garden
P
P
P
P
P
P
P
P
P
Community playfields and parks
P
P
P
Golf course
P
P
P
P
P
P
P
Parks and forest preserves
P
P
(private, not -for -profit)
Public dog parks
P
P
P
P
P
P
P
P
P
P
P
Transportation
Bus terminal
S
P
Rail terminal (passenger)
S P
P
Commercial parking facilities
S
S
P
(surface & structure)
Utility
Major energy facilities
S
Public utility substations where no
S
S
S
S
S
S
S
S S
S
public office, repair or storage
facilities are maintained
Ground mounted solar devices
P
P
S
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 104 of 112
Use -Specific
Regulations
7.24.050(a)
7.24.050(a)
7.24.060(c)
7.24.0650(c-d)
7.24.060(c)
7.24.050(a)
7.24.050(a)
7.24.050(a)
7.24.050(b)
7.24.060(d)
Use Category Use Type
Small wind energy system
Wireless communication tower
and/or antenna
Commercial Uses
Animal sales and
Kennel or Animal Boarding
services
Pet shops
Veterinary clinic, small (indoor
only)
Veterinary clinic, large (with
outdoor runs)
Auction House
Assembly
Auction yard
Membership clubs
Financial Service
Financial institution, with drive- thru
Financial institution, without drive-
thru
Food and Beverage
Bakeries
Services
Bars or taverns
Coffee or specialty drink shops
Restaurant, with drive-in or drive-
thru
Restaurant without drive-in or
drive-thru
Health Care Facilities
Medical center/ hospital
Urgent care facility
Medical and dental clinics and
offices
Long-term Care Facility
Office
Administrative and professional
offices
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 105 of 112
ATTACHMENT A
P - Permitted Use S = Special Review Use
Districts in GREY are retired and not available for rezoning.
Residential Nonresidential
RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD
M/H C MU
1 /2
S S S S P S S P S S S S S
S S S S S S S S S S S S S S
P
P
P
li
S
S
S
S
P
P
P
P
P
P
P
P
P
P
P P
P
P
P
P
P P
P
P
P
P
S S
S
S
S
P P
P
S
P
P
S
P
P P
P
P
P
P
P
P
P
P
P S
P
P
P
P
P
P
P
P
P
S
S
P
P
Use -Specific
Regulations
7.24.060(e)(3)
7.24.060(f)
7.24.060(h)(2)
7.24.060(g)
Use Category Use Type
Office with showroom and/or
warehouse facilities
Recreation and
Outdoor commercial recreation
Entertainment,
Riding academies
Outdoor
Recreation and
Indoor commercial recreation/
Entertainment, Indoor
entertainment
Sexually- oriented business
Theater/ performance hall
Personal Services
General personal services
Barber shops, beauty salons, day
spas
Dry cleaning and laundry service
Tattoo parlors, body piercing
(Private office above ground level
uses
Tattoo parlors, body piercing,
ground level
Retail (Sales) General Retail
Antique shops
Applian Ge stores
Art shops
Book and stationery stoFes
Clothing stores
Convenience store, with fuel
Convenience store
Drug stores, Pharmacies
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 106 of 112
ATTACHMENT A
P - Permitted Use S = Special Review Use
Districts in GREY are retired and not available for rezoning.
Residential Nonresidential
RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD
M/H C MU
1 /2
P S
P P
P
P
P
P P
S
P
S
P P
P P
P
P
P P
P P
P
P
P P
P P
P
S
P P
S
S
S S
P
P
P
P
P P
R
P
P
P
P P
P
P
P
P
P P
P
P
P
P
P P
P
P
P
P
P P
P
P
P
P
P P
S
S
S P
P
P
P
P
P
P P
P
P
P
P
S
P
P
P
S
W
Use -Specific
Regulations
See definition
Personal
Services
7.08.010
Use Category Use Type
Drug stores, Pharmacies
with drive thru
Electrical supply stores
Florists
Furniture shops
Gift shops
Grocery stores
Home improvement store, under
25,000 sq. ft.
Home improvement store, over
25,000 sq. ft.
Jewelry, craft and hobby shops
Medical marijuana, marijuana
establishment and marijuana club
Music, radio and television stores
Nursery, landscaping supply
Office supply store
Liquor stores
Smoke or vape shops
Paint stores
Photographic studios
Retail sign shops
Detail sales with drive_thru
Shoe st6Fes
SpeFting and athletiG goods
st@Fes
Tey stores
Wholesale Business Wholesale business
Vehicles and Automobile Vehicle repair shop,
equipment minor
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 107 of 112
ATTACHMENT A
P - Permitted Use
S = Special Review Use Use -Specific
Districts in GREY are retired and not available for rezoning. Regulations
Residential
Nonresidential
RD RL RM RH
CH RH-
NC
MC CH TC SC P PF IC OLD
M/H C
MU
1 /2
S
P
S P P
P
P
P
P P P
P
P
P P P
P
P
P
P P P
P
P
P
P P P
P
S
P
P P P
P
P
P
P
P
P P P
P
P
P
P P P
P
S
P P
P
P
P P P
P
P
P P P P
P
P
P P P P
P
P
P
P P P
P
P
P
P P P
P
P
S
S
Is S 9
R
R
P R P P
R
R
R R R R
P
R
P P P P
P
S S P 7.24.060(h)
ATTACHMENT A
Use Category Use Type P - Permitted Use S = Special Review Use Use -Specific
Districts in GREY are retired and not available for rezoning. Regulations
Residential Nonresidential
RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD
M/H C MU
1 /2
Autemob+le Vehicle repair shop,
major
Automobile Vehicle sales and
rental
Car wash
Centralized loading dock and
goods distribution center qiq
Industrial Service
Industrial Service Research facilities (commercial)
Builder
Construction industry rys related
businesses and or supply yard
Heavy industrial uses
Light industrial uses
Junk yards
Lumberyards except when indoors
as art of a hardware store
S
S
E
MENNEN
P
Mining and mineral extraction S S S S S S S
Manufacturing and Machine and welding shops
Production Manufacturing, heavy
Manufacturing, light
Warehouse and Mini Self storage
Freight Movement Storage warehouses
Waste and Salvage Recycling center / facility, indoor
Recycling facility, drop-off P P P P P P
(Ord. 16-14 §2; Ord. 14-06 §4 ; Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3; Ord. 19-06 §5)
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 108 of 112
P
S
S
S
S
P
R
P
P
S
S
S S S S S S
P
P
P
P
S
S
P__J 1 P P P
7.24.060(h)
ATTACHMENT A
APPENDIX 7-C Plat Certificates (NEW)
TOWN CERTIFICATE
THIS PLAT IS APPROVED BY THE TOWN OF AVON, COUNTY OF EAGLE, COLORADO THIS DAY OF
A.D., 202, FOR FILING WITH THE CLERK AND RECORDER OF THE COUNTY OF EAGLE.
APPROVAL OF THIS PLAT BY THE TOWN IS A CONSENT ONLY AND IS NOT TO BE CONSTRUED AS AN
APPROVAL OF THE TECHNICAL CORRECTNESS OF THIS PLAT OR ANY DOCUMENTATION RELATING
THFRFTO
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON:
THE TOWN OF AVON
BY: ATTEST:
DIRECTOR OF COMMUNITY DEVELOPMENT TOWN CLERK
OR MAYOR, TOWN OF AVON (For Final/Major Plats)
CERTIFICATE OF DEDICATION AN OWNERSHIP
KNOW ALL PERSONS BY THESE PRESENTS THAT
BEING SOLE OWNER IN FEE SIMPLE, SUBJECT TO MATTERS OF RECORD, AND
AS SOLE MORTGAGEE OF ALL THAT REAL PROPERTY
SITUATE IN THE TOWN OF AVON. EAGLE COUNTY. STATE OF COLORADO. DESCRIBED AS FOLLOWS:
[LEGAL DESCRIPTION]
AND CONTAINING ACRES, MORE OR LESS, HAS BY THESE PRESENTS LAID OUT,
PLATTED AND SUBDIVIDED THE SAME AS SHOWN HEREON AND DESIGNATES THE SAME AS
. TOWN OF AVON. COUNTY OF EAGLE. STATE
OF COLORADO AND HEREBY DEDICATE FOR PUBLIC USE THE STREETS SHOWN HEREIN INCLUDING
AVENUES, DRIVES, BOULEVARDS, LANES, COURTS, AND ALLEYS TO THE TOWN OF AVON; AND THE
UTILITY AND DRAINAGE EASEMENTS SHOWN HEREON FOR UTILITY AND DRAINAGE PURPOSES
ONLY; AND
DO FURTHER STATE THAT THE REAL PROPERTY AND IMPROVEMENTS ON THIS PLAT SHALL BE
SUBJECT TO THE DECLARATIONS FOR FILED AND RECORDED FOR
THIS SUBDIVISION IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY, COLORADO,
AT RECEPTION NO.
EXECUTED THIS
OWNER:
BY:
NAME
DAY OF
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 109 of 112
ATTACHMENT A
STATE OF COLORADO )
SS.
COUNTY OF EAGLE
THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED
BEFORE ME THIS DAY OF .202 . BY
,AS
OF THE REAL PROPERTY DESCRIBED ABOVE.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
MORTGAGEE:
BY:
NAME
STATE OF COLORADO )
) SS.
COUNTY OF EAGLE 1
THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED
BEFORE ME THIS DAY OF 202 BY
.AS
OF THE REAL PROPERTY DESCRIBED ABOVE.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
CERTIFICATE OF DEDICATION AND OWNERSHIP (CONDO MAPS
KNOW ALL PERSONS BY THESE PRESENTS THAT
BEING SOLE OWNER IN FEE SIMPLE, SUBJECT TO MATTERS OF RECORD, AND
AS SOLE MORTGAGEE OF ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF AVON,
EAGLE COUNTY, STATE OF COLORADO. DESCRIBED AS FOLLOWS:
EGAL DESCRIPTIO
AND CONTAINING ACRES, MORE OR LESS, HAS BY THESE PRESENTS LAID
OUT, PLATTED AND SUBDIVIDED THE SAME INTO CONDOMINIUM UNITS AND COMMON AREAS AS
SHOWN HEREON AND DESIGNATES THE SAME AS
TOWN OF AVON. COUNTY OF EAGLE. STATE OF COLORADO: AND
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 110 of 112
ATTACHMENT A
DO FURTHER STATE THAT THE REAL PROPERTY AND IMPROVEMENTS ON THIS MAP SHALL BE
SUBJECT TO THE DECLARATIONS FOR FILED AND RECORDED FOR
THIS SUBDIVISION IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY. COLORADO
AT RECEPTION NO.
EXECUTED THIS DAY OF , A.D., 202
OWNER:
BY:
NAME :
STATE OF COLORADO
SS.
COUNTY OF EAGLE )
THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED
BEFORE ME THIS DAY OF 202 , BY
AS OF THE REAL PROPERTY DESCRIBED ABOVE.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLEARK AND RECORDER AT
O'CLOCK , ON THIS DAY OF 202 AND IS DULY RECORDED AT
RECEPTION NO.
SURVEYOR'S CERTIFICATE
I , DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR
LICENSED TO PRACTICE LAND SURVEYING UNDER THE LAWS OF THE STATE OF COLORADO, THAT
THIS SUBDIVISION PLAT IS A TRUE CORRECT AND COMPLETE PLAT OF AS
LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN
ACCURATE SURVEY OF SAID PROPERTY BY ME AND/OR UNDER MY SUPERVISION AND ACCURATELY
SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND RIGHTS OF WAY OF SAID
PLAT AS THE SAME ARE MONUMENTED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE
REGULATION GOVERNING THE SUBDIVISION OF LAND, THAT SUCH PLAT IS BASED UPON THE
PROFESSIONAL LAND SURVEYOR'S KNOWLEDGE, INFORMATION AND BELIEF, THAT SUCH PLAT HAS
BEEN PREPARED IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE, AND THAT SUCH
PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. IN WITNESS WHEREOF,
I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D., 202
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 111 of 112
ATTACHMENT A
SEAL
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
LICENSE NUMBER
SURVEYOR'S CERTIFICATE (CONDO MAPS)
I, , DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR
LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS CONDOMINIUM MAP IS
TRUE, CORRECT AND COMPLETE AND FULLY AND ACCURATELY DEPICTS THE IMPROVEMENTS,
INCLUDING THE CONDOMINIUM UNITS AND COMMON OWNERSHIP AREAS, AND IDENTIFIES
LOCATION, LAYOUT, DIMENSION, AND HORIZONTAL AND VERTICAL BOUNDARIES; THAT SUCH MAP
WAS PREPARED SUBSEQUENT TO SUBSTANTIAL COMPLETION OF THE IMPROVEMENTS; AND THAT
SUCH MAP COMPLIES WITH, AND CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S 38-33.3-
209 AND ALL OTHER STATUES AND REGULATIONS APPLICABLE TO MAPS OF CONDOMINIUM
INTEREST SUBDIVISION.
IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS DAY OF
A.D.. 202
SEAL
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
LICENSE NUMBER
TITLE CERTIFICATE
DOES HEREBY CERTIFY THAT IT HAS EXAMINED THE
TITLE TO ALL LANDS SHOWN HEREON AND THAT TITLE TO SUCH LANDS HEREIN VESTED IN
. FREE AND CLEAR OF ALL LIENS. TAXES. AND
ENCUMBRANCES, EXCEPT AS FOLLOWS:
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND
ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL
ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF , A.D., 202
TREASURER OF EAGLE COUNTY
Code Text Amendments June 16, 2025 - DRAFT
CTA 24002
Page 112 of 112
PLANNING AND ZONING COMMISSION Avon
FINDINGS OF FACT AND RECORD OF DECISION C O L O R A D O
DATE OF PUBLIC HEARING: June 9, 2025
TYPE OF APPLICATIONS: Code Text Amendment
FILE NUMBER: CTA25002
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1)
PZC DECISION ON #CTA25002:
regulations.
FINDINGS:
Recommendation for Town Council to Approve the Natural Medicine
1. The development application is complete;
2. The development application provides sufficient information for PZC to determine if it complies with
the relevant review criteria;
The development application complies with the goals and policies of the Avon Comprehensive
Plan;
4. The demand for public services or infrastructure exceeding current capacity does not require
mitigation as there is no development application accompanying the Code Text Amendment that
results in a physical project utilizing public services or infrastructure.
5. The text amendment promotes the health, safety and general welfare of the Avon community by
providing a framework for Natural Medicine businesses to operate in a safe manner in
compatible areas;
The text amendment consistently promotes the purposes stated in this Development Code by
dividing the Town into areas for Natural Medicine businesses to operate (AMC §7.04.030(a));
and
7. The text amendment is necessary to respond to new state regulations.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:
PZC Chairperson
DATE:
PZC Record of Decision: CPA25001
AVON PLANNING & ZONING COMMISSION A
MEETING MINUTES ,ovo n
MONDAY DUNE 9, 2025
PUBLIC MEETING BEGINS AT 5:30 PM C O L O R A D O
PLANNING AND ZONING COMMISSION TRAINING: 5:00 PM
1911:1414iv414:011Lllc �%laIT, l
CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:30PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON,
CARLY HANSEN, ELIZABETH WATERS, RICK SUDEKUM, NANCY TASHMAN, NICOLE MURAD AND BRIAN SIPES WERE
PRESENT. ALSO PRESENT WERE PLANNING MANAGER JENA SKINNER, PLANNER II MAX MORGAN, DIRECTOR OF
COMMUNITY DEVELOPMENT MATT PIELSTICKER, TOWN ATTORNEY NINA WILLIAMS, AND DEVELOPMENT
COORDINATOR, EMILY BLOCK.
2. SWEARING IN OF NEW COMMISSION MEMBERS
ACTION: COMMISSIONER BRAD CHRISTIANSON WAS SWORN IN FOR A SECOND TERM BY DEPUTY TOWN CLERK
BRENDA TORRES.
3. CHAIRPERSON AND VICE -CHAIRPERSON APPOINTMENTS
ACTION: COMMISSIONER CHRISTIANSON MOVED TO APPOINT COMMISSIONER SIPES AS CHAIRPERSON.
COMMISSIONER SUDEKUM SECONDED THE MOTION AND THE MOTION PASSED UNANIMOUSLY, 7-0. COMMISSIONER
SIPES MOVED TO APPOINT COMMISSIONER CHRISTIANSON AS VICE -CHAIRPERSON. COMMISSIONER TASHMAN
SECONDED THE MOTION AND THE MOTION PASSED UNANIMOUSLY, 7-0.
4. APPROVAL OF AGENDA
ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE AGENDA. THE MOTION PASSED UNANIMOUSLY, 7-
0.
5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
COMMISSIONER HANSEN RECUSED HERSELF FROM ITEM 7.2 DUE TO HER INVOLVEMENT WITH THE PROJECT.
6. PUBLIC COMMENT -COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA PUBLIC COMMENTS
ARE LIMITED TO THREE (3) MINUTES. THE SPEAKER MAY BE GIVEN ONE (1) ADDITIONAL MINUTE SUBJECT TO PLANNING AND ZONING
COMMISSION APPROVAL.
THERE WERE NO PUBLIC COMMENTS.
7. JOINT WORK SESSION WITH AVON TOWN COUNCIL
7.1. CTA24002 AVON MUNICIPAL CODE UPDATES TO TITLE 7 DEVELOPMENT CODE (CONTINUED FROM APRIL
21ST) - PLANNING MANAGER, JENA SKINNER
ACTION: COMMISSIONER MURAD MADE A MOTION TO CONTINUE CTA24002 TO ,TUNE 23, 2025. COMMISSIONER
TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
7.2. EAGLE RIVER VALLEY EARLY CHILDCARE FACILITY FUNDING AGREEMENT TOWN MANAGER, ERIC HEIL)
ACTION: COMMISSIONER MURAD MADE A MOTION TO APPROVE THE DRAFT EAGLE RIVER VALLEY EARLY CHILDCARE
FACILITY FUNDING AGREEMENT. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED
UNANIMOUSLY, 6-0
7.3. CTA25002 AVON MUNICIPAL CODE AMENDMENTS TO REGULATE NATURAL MEDICINE (TOWN ATTORNEY,
NINA WILLIAMS & COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER)
ACTION: COMMISSIONER MURAD MADE A MOTION TO RECOMMEND APPROVAL OF CTA25002 TO AVON TOWN
COUNCIL. COMMISSIONER HANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0
8. CONSENT AGENDA
8.1. MAY 12, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES
ACTION: COMMISSIONER WATERS MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER TASHMAN
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0.
9. FUTURE MEETINGS
9.1. JUNE 23, 2025
9.2. JULY 7, 2025
10. STAFF UPDATES
11. ADJOURN
THE MEETING WAS ADJOURNED AT 6:05 PM
APPROVED:
9
CHAIRPERSON
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.