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7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses - CLEANOrdinance 25-06 7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses, Avon Municipal Code 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) 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 (¾) ton, earth-moving equipment or cement mixers; (4) The use does not alter the exterior of the property or affect the residential character of the neighborhood; (5) The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (6) Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (7) The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (8) Exterior signs are not permitted; and (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. (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. (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 Ordinance 25-06 7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses, Avon Municipal Code 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. (e f) 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 STR 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. (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: Ordinance 25-06 7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses, Avon Municipal Code (i) Group homes shall comply with the occupancy, dispersal and other requirements found in the state statutes and regulations for group homes. (ii) 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 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. Ordinance 25-06 7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses, Avon Municipal Code (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. (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.; (ii) 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. (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. (ii) 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 yard or rear of the facility. (4) Veterinary Clinic, large (with outdoor runs). Ordinance 25-06 7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses, Avon Municipal Code (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. (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) Vehicle repair shop, minor: (i) Outside storage or repair work is not allowed. (ii) 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. Ordinance 25-06 7.24.050 - Use-Specific Regulations and 7.24.060 Special Review Uses, Avon Municipal Code (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. (ii) 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. (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.