PZC Packet 032326A
Avon
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AVON PLANNING & ZONING COMMISSION
Meeting Agenda
Monday, March 23, 2026
Public Meeting Begins at 5:30 PM
TEAMS LINK: https://teams.microsoft.com/meet/27883999051491?p=ZmkwWYgZJ2lcHQPGEA
To join meeting via phone, dial (945) 468-5504 and enter conference ID: 857 309 647#
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. Public Hearing
5.1. CTA26-002 Wildfire Code Updates (Cont'd from March 9)— Jena Skinner, Planning Manager
6. Consent Agenda
6.1. March 9, 2026 Planning and Zoning Commission Meeting Minutes
7. Future Meetings
7.1. April 13, 2026
7.2. April 27, 2026
8. Administratively Approved Applications
8.1. MNR26-006 4550 Flat Point Window/Door Replacement
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@u AVON.ORG WITH ANY SPECIAL REQUESTS.
TO: Planning and Zoning Commission
FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING avon
CTA 26-002 Code Text Amendment
DATE: March 18, 2026 C O L O R A D O
SUMMARY: This report presents to the Planning and Zoning Commission ("PZC") an updated Code Text
Amendment ("CTA") application to modify and or update certain provisions throughout the Avon Municipal
Code ("Code") focusing on increasing Wildfire resiliency within the Town of Avon.
UPDATE: Amendments to Title 7 will be presented to Town Council along with new modifications to Title
15 Buildings and Construction. As mentioned in the previous application materials presented to PZC for
the March 9, 2026 meeting, Title 15 will address the incorporation of all structure hardening requirements
from the Wildfire Resiliency Code, as well as adopt the use of the Eagle County WUI hazard maps that
define the WUI. Title 7 will address all landscaping and use requirements and restrictions beyond what is
required for the materials and nuances required in Title 15. This combination of Code modifications will be
used in lieu of the State's code. Attached are the updated materials for Title 7 (Attachment A) and a draft of
the changes being made to Title 15 (Attachment B)
OVERVIEW: The following sections contain modifications:
• 7.08.010 Definitions - UPDATED
• 7.24.070 Accessory Uses and Structures - UPDATED
• 7.28.050 Landscaping - UPDATED
• 7.28.080 Fences - UPDATED
• 7.28.100 Natural resource Protections,
PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for
CTA26-002 (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 §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;
Staff Response: This update aims to directly improve the health, safety, and general welfare of the
Avon community by increasing the resiliency of the built environment through improved wildfire
mitigation standards.
(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 the resilience of the Avon
community through wildfire mitigation. Wildfire mitigation is not historically a common provision of
Comprehensive Plans. Through the collaboration with neighboring jurisdictions, the Eagle County
Community Wildfire Protection Plan has been utilized by jurisdictions within Eagle County as a wildfire
mitigation guiding document stretching back to 2005. As Avon has been involved with this document for
970-748-4023 jskinner@avon.org
Page 1 of 4
over a decade, it has become a "go to" document for implementing wildfire mitigation. Although not an
officially adopted plan by Avon, its mapping and provisions are recognized by Avon and will be adopted
through the amendment of Title 15 in using the mapping as Avon's official source for reviewing wildfire
hazards.
(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:
• 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
• Minimize the risk of damage and injury to people, structures and public infrastructure created by
wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards;
• Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into
streams and enhancing public access to recreational water sources;
• Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist -based economy and preserve
property values; and
• Promote the health, safety and welfare of the Avon community.
Wildfire mitigation supports the community's resilience. Improved wildfire management also reduces
wildfire damage and protects communities and ecosystems pre and post wildfire — especially in its
protection of our water systems and environmental resources. Post -wildfire outcomes have a
devastating impact on watersheds as the removal of vegetation from fire results in a higher risk of
flooding and mudslides - up to 5 years after a wildfire, until vegetation is restored. Increasing wildfire
protections throughout the community has a direct relationship with the sustainability and preservation
of Avon.
(4) The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts or other social or economic conditions.
Staff Response: In 2026, wildfires have become an increasingly frequent occurrence, with recent fires
becoming the most economically devastating realities for Colorado. While wildfire insurance is typically
included in standard homeowners policies, in Colorado, significant risk and recent catastrophic wildfires
have made it harder to obtain and more expensive, particularly in the "wildland-urban interface" (WUI).
Coupled with the ongoing drought and state -mandated water conservation measures, these challenges
underscore the critical need to enhance Avon's community resilience. Safeguarding our town and
citizens is a top priority and will remain a central focus of the built environment moving forward.
In summary, these proposed amendments neither remove nor modify the intentions or purposes of the
Avon Municipal Code; instead, increasing wildfire protections that are similar to neighboring jurisdictions
brings consistency promoting a realistic Code for all users.
CTA26-002 Wildfire Code Text Amendment
March 18, 2026
Page 2 of 4
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
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 PZC and Council to review this application with the applicable review criteria. This
application will not impact demands for public services or infrastructure because it is not a
development application.
RECOMMENDED FINDINGS:
CODE TEXT AMENDMENT FINDINGS:
1. The text amendment promotes the health, safety and general welfare of the Avon community by
focusing on increasing the safety of residents by promoting wildfire protections in the WUI;
2. This text amendment promotes and strengthens the implementation of the goals and policies of
the Town of Avon as well its supporting plans;
3. The text amendment consistently promotes or implements the purposes stated in this
Development Code with increased protection language pertaining to development; and
4. The text amendment is necessary or desirable to respond to changed conditions, community
resilience concepts, and State mandates, as they pertain to wildfire.
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;
CTA26-002 Wildfire Code Text Amendment
March 18, 2026
Page 3 of 4
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.
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
RECOMMENDATION: Approval of this Code Text Amendment package
PROPOSED MOTION: "1 move to recommend approval of the proposed Avon Municipal Code
Amendments, based on the findings for Sections §7.16.040, Code Text Amendments, and §7.16.010(f)(1)
General Criteria (for an application), as presented."
Thank you, Jena
ATTACHMENT A: Proposed Code Text Amendments — TITLE 7
ATTACHMENT B: Draft Building Code Amendments — TITLE 15
CTA26-002 Wildfire Code Text Amendment
March 18, 2026
Page 4 of 4
WILDFIRE UPDATE ATTACHMENT A
7.08.010 General Definitions
Avon Municipal Code
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 driveway or pathway, 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
interval of one [1 ] year or less) so as to create a distinct character with respect to vegetation and the nature
of the soil.
Page 1 of 25
ATT A - PG 1
WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
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).
Artificial Turf means a product comprised of synthetic materials developed to resemble natural grass.
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.
Page 2 of 25
ATTA-PG2
WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
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.
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.
Maximum Building Height
Interior Seofian
•Not to scale
Maximum 9u1ding Height
Werlor Section Showing Envelope
Imaginary line runs •Notio scale
parallel to existing grade
Iimithg building height
Area exceeding height
limitation when measured to ri1
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Page 3 of 25
ATTA-PG3
WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
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.
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
Page 4 of 25
ATTA-PG4
WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
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
or the like, but shall not include buildings used for commercial endeavors, including but not limited to
commercial motion picture houses or stage productions.
NEW
Combustible and flammable materials mean objects that are comprised of any natural or synthetic
material that can ignite, burn, or support combustion when subjected to fire or heat. Unlike noncombustible
materials (e.g., steel, masonry), combustible materials are often organic solids such as wood, paper, or
plastics. Similarly, liquids that can ignite, burn, or combust with a flashpoint below 100 degrees Fahrenheit
are classified as flammable.
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.
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WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
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.
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.
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.
Page 6 of 25
ATT A - PG 6
WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
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.
Defensible space means an area either natural or human -made, where material capable of allowina a
fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an
advancing wildfire and to create an area for fire suppression operations to occur.
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.
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;
Page 7 of 25
ATTA-PG7
WILDFIRE UPDATE
7.08.010 General Definitions
Avon Municipal Code
(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
(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.
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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
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.
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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
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
twenty-four hours of care per day.
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.
Fire -resistance -rated construction means the use of materials and systems in the design and
construction of a building or structure to safeguard against the spread of fire within a building or structure
and the soread of fire to or from buildinas or structures to the wildland urban interface area.
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
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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.
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
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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 (GFA) 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.
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;
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(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.
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, and eating facilities, and includes:
(a) One or more persons who are or are not related by blood, marriage, adoption, or legal
guardianship that are living together in a dwelling unit;
(b) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a
dwelling unit and living as a single, nonprofit housekeeping unit.
Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and
avoid overwatering.
Ignition -resistant vegetation means the ignition or flammability potential of plants and general
vegetation. Plants with a low -ignition potential are less likely to readily ignite from a flame or other ignition
source and or produce fewer embers. While they can still be damaged by fire, their foliage and stems don't
significantly contribute to the intensity of the fire.
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.
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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.
Inoperable vehicle means a condition of being junked, wrecked, wholly or partially 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.
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".
Junkyard 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 using vegetative materials, stone, walls, fences, or similar.
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.
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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 F000dway Map (FBFM), or both. LOMRs are generally based on the implementation of
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.
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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.
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.
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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
(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 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 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
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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-
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.
Owners Association means the association set up to enforce the covenants and maintain all common
areas and buildings for a residential or commercial development.
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 provide nonmedically related services, including beauty
and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic
readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products
related to the services provided.
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Avon Municipal Code
Phase means a portion of property that is being platted and engineered for development at the same
time.
Phasing plan means a graphic and narrative document that displays the sequence and/or timing of
intended development.
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 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.
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7.08.010 General Definitions
Avon Municipal Code
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
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.
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7.08.010 General Definitions
Avon Municipal Code
(e) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation.
(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
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7.08.010 General Definitions
Avon Municipal Code
to provide the flexibility of occupying a space in accordance with market demand and allowing the use in
such space to change to retail/ commercial uses accordingly. Such considerations for determining if a
space is retail -ready include but are not limited to: independent ventilation; a concrete pad above the
space; placement of utilities; integrated trash storage facilities; and architectural features including
terracing, stepped back facade, or arcade design, prominent entrances, transoms, transparency, and
bulkheads at the base.
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.
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.
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.
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7.08.010 General Definitions
Avon Municipal Code
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.
Structure ignition zone (SIZ) means the area around the home (or structure). The SIZ takes into
account both the potential of the structure to ignite and the quality of defensible space surrounding it.
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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7.08.010 General Definitions
Avon Municipal Code
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.
Tree Crown means the primary and secondary branches growing out from the main stem, together
with twigs and foliage
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.
Turf means vegetation that is comprised of continuous, nonnative or non -arid hybridized grass (or
natural grass) that is regularly mowed and forms a dense root structure.
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 (%) 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,
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7.08.010 General Definitions
Avon Municipal Code
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.
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.
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7.08.010 General Definitions
Avon Municipal Code
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.
ATT A - PG 26
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7.24.070 Accessory Uses and Structures
Avon Municipal Code
7.24.070 Accessory Uses and Structures.
(a) Purpose. This Section authorizes the establishment of accessory uses that are incidental and
customarily subordinate to principal uses, provided that the accessory use complies with all applicable
standards in this Section.
(b) Approval of Accessory Uses and Structures. All principal uses allowed in a zoning district shall be
deemed to include those accessory uses, structures and activities typically associated with the use,
unless specifically prohibited in this Development Code. No accessory use may be established prior
to establishment of the principal use with which such accessory use is associated. All accessory uses
shall be subject to the standards in this Section 7.24.070, Accessory Uses and Structures, as well as
any use -specific standards applicable to the associated principal use as set forth in Section 7.24.050,
Use -Specific Regulations or Section 7.24.060, Special Review Uses, above.
(c) Interpretation of Unidentified Accessory Uses and Structures. The Director shall evaluate applications
for accessory uses that are not identified in this Section on a case -by -case basis, based on the
following standards:
(1) The definition of accessory use in Chapter 7.08, General Definitions, and the general accessory
use standards and limitations established in this Section;
(2) The purpose and intent of the district in which the accessory use is located;
(3) Potential adverse impacts the accessory use or structure may have on other lots, compared with
other accessory uses permitted in the district; and
(4) The compatibility of the accessory use with other principal and accessory uses permitted in the
district.
(d) General Standards. All accessory uses and structures shall comply with the following general
standards:
(1) Compliance with this Code:
(i) All accessory uses and structures shall be subject to the dimensional requirements of
Chapter 7.28, Development Standards. In the case of any conflict between the accessory
use/structure standards of this Section and any other requirement of this Development
Code, the more restrictive standards shall control.
(ii) Accessory uses shall comply with all standards of this Development Code applicable to the
principal use with which they are associated. Parking requirements shall be met for both
the principal use and any accessory use.
NEW
(iii) Accessory structures shall be comprised of non-combustible materials per Building
Code.
BEFORE
(2) Location. The accessory use or structure shall be conducted or located on the same lot as the
principal use and to the rear of the front setback line, unless otherwise approved by the Director.
No accessory structure shall be located within ten (10) feet of the site's principal structure unless
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7.24.070 Accessory Uses and Structures
Avon Municipal Code
otherwise specified in this Section. When located to the rear of the primary structure, accessory
buildings need not comply with the side or rear setback lines applicable to the primary structure,
provided that the accessory building is not located closer than ten (10) feet from any alley, a 4
not closer than five (5) feet from any property line, with no accessory structure within 30 feet of
a structure located on any neighboring properties or within ten (10) feet of any trees on or off of
the subject property.
NEW
(2) Location. The accessory use or structure shall be conducted or located on the same lot as the
principal use and to the rear of the front setback line, unless otherwise approved by the Director.
(i) Principal Property and Structure. No accessory structure shall be located within ten (10)
feet of the site's principal structure unless otherwise specified in this Section. When located
to the rear of the primary structure, accessory buildings need not comply with the side or
rear setback lines applicable to the primary structure, provided that the accessory building is
not located closer than ten (10) feet from any alley, and -not closer than five (5) feet from
any property line_
(H) Neighboring Property. Accessory structures within 10 feet of a structure located on
any neighboring properties or within ten (10) feet of any trees on or off of the subject
property shall be considered when siting accessory structures.
(3) Size. The maximum total size of accessory ems -structures shall be six hundred (600)
square feet unless approved by conditional use permit. No accessory building shall exceed the
height of the site's principal structure.
(4) Same Ownership Required. The principal use and the accessory use or structure shall be under
the same ownership.
(5) Same Utility Meter Required. The principal use and the accessory use shall utilize the same
utility meter, with the exception of an approved accessory dwelling unit.
BEFORE
(6) Materials. Accessory structures shall be comprised of noncombustible materials if placed closer
than 30 feet of the structure. This includes structures for firewood, storaae. or anv structure
containing habitable floor area.
NEW
(6) Storage Sheds Less Than 200 Square Feet. Accessory structures that do not require a
building permit are subject to this section. This includes any structures storing firewood,
regardless if the structure contains habitable floor area or not.
(e) Additional Standards for Specific Accessory Uses and Structures.
(1) Accessory Dwelling Units. An accessory dwelling unit shall be permitted as a Special Review
Use S( RU) subject to the following standards:
(i) Districts Allowed. Accessory Dwelling Units ADUs shall be allowed as accessory uses to
principal residential uses in the following districts: RL, RD and RM.
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7.24.070 Accessory Uses and Structures
Avon Municipal Code
(ii) Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all
applicable site and building design, setbacks, access, and other standards for principal
dwelling units including all requirements with 7.28.050 Landscaping in the zoning district in
which the Accessory Dwelling Unit will be located. Accessory Dwelling Units may be a
separate structure from the principal structure or be attached to and part of the principal
structure; however, separate Accessory Dwelling Units must be located on the same
ownership property as the related principal structure. Recreational vehicles, travel trailers
and any other wheeled or transportable structure shall not be used as Accessory Dwelling
Units.
(iii) Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three
percent (33%) of the size of the habitable floor area of the principal unit or six hundred
(600) square feet, whichever is less. An Accessory Dwelling Unit shall contain private
sanitary facilities with hot and cold running water and cooking and food storage facilities.
(iv) Limit on Number. There shall be no more than one (1) Accessory Dwelling Unit on a lot in
addition to the principal cingle_farnily dwelling.
(v) Off -Street Parking. At least one (1) off-street parking space shall be provided for each
accessory dwelling unit.
(2) Outdoor Display and Sales. Outdoor display and/or sales may be allowed as an accessory use
for all commercial uses, provided that the display of such items does not impede the flow of
pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended
to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved
as part of the development site plan. The accessory outdoor display of goods shall meet all of
the following requirements:
(i) Outdoor display or sale shall require approval of the Director and may be subject to
appropriate conditions by the Director to ensure compliance with the provisions of this
Subsection.
(ii) Display of goods shall not be in drive aisles, loading zones or fire lanes and shall not
obstruct any entrance to the building.
(iii) The total area for display or sale of goods in the front of the building shall be limited to an
area that measures five percent (5%) of the net square footage of the main building.
(iv) The outdoor display area may be located in a parking lot, provided that the parking
available does not fall below eighty percent (80%) of the off -site parking required for the
building.
(v) No goods shall be attached to a building's wall surface.
(vi) The outdoor display area shall take place on an improved surface, such as the sidewalk or
pavement.
(vii) No outdoor displays shall be allowed in required landscape areas.
(viii) At least five (5) feet along the parking lot side of the display shall be maintained free of
obstruction to allow for pedestrian and handicap movement, such that handicapped
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7.24.070 Accessory Uses and Structures
Avon Municipal Code
pedestrians and others do not have to enter the parking lot or drive aisle to walk around the
display.
(3) Outdoor Storage. Outdoor storage is a permitted accessory use in the IC zone district with
approval of an SRU pursuant to Section 7.16.100, Special Review Use. In the NC, MC and TC
zone districts, outdoor storage is permitted through the site plan review process and subject to
compliance with the following requirements:
(i) Except for outdoor storage associated with industrial or agricultural uses, each outdoor
storage area shall be incorporated into the overall design of the primary structure on the
site and shall be located at the rear of the primary structure.
(ii) Each outdoor storage area shall be screened from view from all property lines and
adjacent rights -of -way by an opaque fence or wall between six (6) and eight (8) feet in
height. The fence shall incorporate at least one (1) of the predominant materials and one
(1) of the predominant colors used in the primary structure. The fence may exceed eight
(8) feet in height where the difference in grade between the right-of-way and the outdoor
storage area makes a taller fence necessary to effectively screen the area. Materials may
not be stored higher than the height of the primary structure. The perimeter of the fence or
wall must be landscaped in accordance with 7.28.050(g).
(iii) A landscaped earthen berm may be used instead of or in combination with a required
fence or wall.
(iv) If the outdoor storage area is covered, then the covering shall include at least one (1) of
the predominant exposed roofing colors on the primary structure and consist of
noncombustible materials.
(v) No materials may be stored in areas intended for vehicular or pedestrian circulation.
(vi) No storage of any items may occur within the front setback area or within one-half ('/2) of
each side setback nearest the street.
(vii) Rooftop outdoor storage is prohibited.
BEFORE
IZIV9
(viii) No storage of combustible or potentially hazardous materials is permitted within a minimum
of 30 feet of a structure.
(viii) No storage of combustible, flammable, or potentially hazardous materials is
permitted within a minimum of 30 feet of a structure without mitiaative stora
(4) Home Occupations and Home Offices. Home occupations and home offices that comply with the
definition and regulations set forth in the Avon Development Code are permitted accessory uses
to residential use in residential zone districts.
(Ord. 17-05 §6; Ord. 10-14 §3)
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7.28.050 Landscaping
Avon Municipal Code
7.28.050 Landscaping.
(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town:
(1) Integrates building sites with natural topography and existing vegetation;
(2) Minimizes disturbed areas;
(3) Conserves limited water resources by prescribing acceptable water irrigation design budgets;
(4) Limits functional and nonfunctional turf grass to designated use areas and properties in Avon;
(5) Reduces water use and off -site impacts which can affect the Eagle River;
(6) Reduces the amount of reflected glare and heat absorbed in and around developments;
(7) Breaks up large expanses of parking lots;
(8) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses;
(9) Decreases potential wildfire hazards while increasing wildfire resiliency in Avon; and,
(10) Encourages use of native plant species applicable to Avon.
(b) Applicability. This landscaping Section shall apply to all new development and redevelopment as
provided in Subsection 7.28.010(b).
(1) Landscape plans for multi -family and commercial properties shall be designed by a licensed
landscape architect, Qualified Water Efficient Landscaper (QWEL certified professional, or a
professional landscape designer, unless otherwise specified. Inspection and compliance with
approved landscape plan must be obtained prior to issuance of a certificate of occupancy.
(2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property with
an existing irrigation system, may require a combined assessment of the total irrigated area and
water use as part of the development permit review.
(c) Landscape Design Irrigation Budget.
(1) All irrigated landscaped areas must be included in the calculation (Appendix 7B). The total
irrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5
gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of
the Director of Community Development, an increase in the landscape design irrigation budget
to 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one or
more of the following landscaping design elements to incentivize health landscapes:
(i) Non irrigated protected native vegetation.
(ii) Ecological restoration areas.
(iii) Non -irrigated permeable areas.
(iv) Stormwater conveyance infrastructure.
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(d) Plant Material and Water Need
(1) Aside from the use of invasive and/or noxious plant species, most native plants can be utilized in
a landscape plan. The Landscape Design Irrigation Budget (Appendix 7-13) requires each plant
to be classified as low water, medium water, or high-water use. These categories are necessary
for calculating the plant water need. An estimate of the plant water needs in gallons per square
foot per season, must be provided for any proposed vegetation in the proposed landscaping
design.
(2) Each hydrozone shall plant materials with similar water use.
(3) Plants shall be selected and planted appropriately based upon their compatibility factor and
adaptability to the climatic, soils, wildfire ignition potential, elevation, and topographical
conditions of the project site. To encourage efficient use of water, the following are highly
recommended:
(i) Protection and preservation of native species and natural vegetation to the greatest extent
practicable.
(ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance.
(iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface
roots) to minimize damage to property or infrastructure.
(iv) Consideration of the solar orientation and type of plant with plant placement to maximize
summer shade and winter solar gain.
(v) Consideration of wildlife. The Town of Avon does not recommend use of fruit -bearing
vegetation that may increase human -wildlife conflicts. Any damage resulting from wildlife
foraging on fruit -bearing landscaping material is the responsibility of the property owner.
(4) Protected native vegetation areas without irrigation are incentivized through the landscape
design irrigation budget calculation.
(5) Invasive and/or noxious plant species are prohibited.
(6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be
implemented on steep slopes.
(7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper
than 6 inches (6") and must be as far from tree trunk as practically possible. Do not cut roots
larger than four inches (4") in diameter (dig under or around).
(8) Stormwater management practices minimizes runoff and increases infiltration which recharges
groundwater and improves water quality. The implementation of stormwater best management
practices like use of bioswales in landscape and site plans is encouraged.
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(9) Green stormwater infrastructure is incentivized through the landscape design irrigation budget
calculation. The following treatments associated with the landscape and described in the
drainage report will have the following hydro zone values:
(i) Non -irrigated permeable surfaces without plants are incentivized through the landscape
design irrigation budget calculation.
(ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated
bioswales shall apply a plant factor value representing the plantings with an efficiency
value based on the irrigation method. These areas are incentivized through the landscape
design irrigation budget calculation.
(10) Project applicants shall refer to the Town of Avon Engineering Department for information on
any applicable stormwater ordinances and stormwater management plans.
(e) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use
abuts a residential district or use:
(1) A minimum fifteen -foot -wide buffer space shall be provided.
(2) The buffer shall be designed with adequate landscaping or screening to properly separate the
differing uses.
(3) Walls, boulders, fencing, or a combination of design elements that support the intention of
creating a buffer, may be substituted for required shrubs.
(4) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(5) Mechanical equipment, permanent detention and temporary erosion and sedimentation control
basis are prohibited in the buffer area.
(6) Utility easements should avoid being placed in the long dimension of a buffer yard.
(7) Wherever practical, pedestrian access shall be placed through the buffer yard.
(f) Functional and Nonfunctional Living Turf Grass and Artificial Turf
(1) Applicability. The installation, planting, or placing, of any nonfunctional turf, nonfunctional
artificial turf, or invasive plant species, as part of all new development projects or redevelopment
projects including residential, common interest community properties (multi -family or those
areas with an owner's association), commercial, institutional, or industrial properties are
prohibited, unless exceptions are provided in this section for residential properties without a
common interest or common interest areas, and other nonresidential areas as specified.
(2) Functional or Essential Turf Grass. Functional or essential turf grass located in recreational use
areas or other spaces that are regularly used for civic, community, or recreational purposes is
permitted. More specifically, this typically irrigated turf grass may be used for essential areas
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and or uses associated with parks, sports fields, playgrounds, picnic grounds, amphitheaters, or
similar, and in reasonable and limited portions of residential yards.
(3) Nonfunctional or Nonessential Turf Grass. Nonfunctional or nonessential turf grass areas
include but are not limited to medians; parking lots, transportation corridors; areas sloped with
more than a twenty-five percent grade; commercial, institutional, or industrial properties; areas
that are neither designed nor used for passive or active recreational uses.
(i) Use of Kentucky Bluegrass is prohibited in nonfunctional or nonessential areas of Avon.
(i i) Nonfunctional or Nonessential Turf does not include turf that is designated to be part of a
water quality treatment solution.
(4) Artificial Turf. Artificial or synthetic turf is permitted only in areas delineated or associated with
playground equipment, uses like mini -golf facilities, or for use on recreation fields. It is
prohibited to use artificial turf as a substitute or replacement in live landscaping areas on all
residential and commercial properties.
(g) Wildland Urban Interface. The purpose of this section is to reduce the risks that wildfire poses to life,
safety, real commercial or residential property, and to the general natural environment including water
systems and wildlife habitat. All landscaping improvements installed after the effective date of these
regulations must comply with Section 7.28.050 and any WUI policies, plans, or codes, as adopted and
amended by the Avon Town Council.
(1) Defensible Space Zones. Avoid fire -prone plant materials and highly flammable mulches and
design landscaping per its wildfire hazard potential. Landscaping design plans for projects in
fire -prone areas shall address fire safety and prevention. Further, all landscape plantings for
properties in a potentially moderate or high wildfire hazard zone must be predominantly Firewise
or placed per best wildfire practices for planting within 30 feet of a residence.
(i) Zone 1. Zone 1 is 0-5 feet from a residence. Highly flammable vegetation such as trees or
shrubs shall not be planted within the first five feet of any structure. Landscaping in this
zone may include hardscaping such as on -grade patios, walkways, driveways, or similar;
non-combustible mulch such as pea gravel, cobble and stone; or perennial flower beds or
low ground cover with low -ignition potential are acceptable.
(A) Storage of firewood. Open storage of firewood is prohibited within this area. Use of
an ember -proof noncombustible (metal) box may be acceptable if no other
alternative exists. See also 7.
(B) Fencing or Similar. Any fencing or any retaining or garden walls within zone 1 shall
be comprised of noncombustible materials.
BEFORE
(ii) Zone 2. Zone 2 is 5+ feet from a residence Trees immediately adjacent to the five-foot
zone that encroach within five feet of a residence should be limbed up to a height of six
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feet or one-third the total height whichever is less and should be trimmed or pruned to
leave at least a two -foot gap between the nearest branch and the building. New
installations of trees or similar vegetative materials should be placed no closer than 10 feet
from a structure.
NEW
(ii) Zone 2. Zone 2 is 5-10+ feet from a residence Trees immediately adjacent to the five-foot
zone that encroach within five feet of a residence should be limbed up to a height of
minimum of six feet or one-third the total height whichever is less and should be trimmed or
pruned to leave at least a two -foot gap between the nearest branch and the building. New
installations of trees or similar vegetative materials should be placed no closer than 10 feet
from a structure. Thin trees ensuring a minimum of 10 feet of space between the outermost
branches (crowns) of adjacent trees. On steeper slopes, this spacing should be increased
as fire travels faster uohill.
iii) Zone 3. Zone 3 is 10+ feet from a structure. Continue to reduce potential fuels as the
aroaerty transitions back to natural arowth. Continue to trim trees to a minimum of 6 feet
above the ground and away from other trees and shrubs. Reduce ladder fuels by keeping
grasses, shrubs, and trees trimmed so that fire will not spread to taller fuels. Maintain a
minimum of 10 feet between the edges of tree crowns. On steeper slopes, this spacing
should be increased as fire travels faster uphill.
(2) Wildfire mitigation is permitted within areas classified or restricted as non -developable.
Proposed mitigation in these areas must be approved by the Town of Avon.
(h) Road Right -of -Way. Landscaping outside of necessary revegetation materials used for erosion control
or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any
right-of-way.
(1) Landscaping placed adjacent to road -right-of-way may not encroach into actual road -right-of-
way. Encroaching landscaping may be removed by Town of Avon.
(2) Approved address markers may be placed in road -right-of-way with permission.
(i) Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetation
and non -vegetative alternatives (e.g., boulders) to create creative installations with varying heights.
Table 7.28-7 Landscape Materials - Size an-d-Area, and Spacing Requirements
Landscape Material
Size
S acin
Evergreen Tree
Mminimum 1.5" Caliper
A minimum of eighteen (18) feet
Deciduous Tree
Mminimum 1.5" Caliper
between crowns with the distance
increasing with the percentage of
slope.
Tree placement should be
tanned to ensure the mature
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Shrubs
Perennials r
Annual flower bed
Low-water, Low -ignition, or
'Mountainscape' G9round
Earthen berm
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Me4inimum 5-gallon
Mp4inimum 2.5 Qt or 1-gallon
No minimum plant size (Calculated
by area)
Nao minimum plant size
(Calculated by area using mature
width of plants)
Minimum 18" high
Combustible Mulch
Shredded Bbark mulch No minimum
Hardsca e Material / Noncombustible Mulch
Rock mulch such as river No minimum
rock, pea gravel, or
Ornamental Pavers
Permeable Pavement
Landscape Boulders
Rockery
Crevice Garden
Seating
Landscape lighting, sculpture,
art, and/or sheltering
structure/landmark, rain garden,
bioswale„ use of recycled
and/or repurposed materials
Low-water native vegetation as
defined by CO Native Plant
CoNPS Certified Native Garden
"Bronze"
CoNPS Certified Native Garden
"Silver"
CoNPS Certified Native Garden
"Gold"
Not to exceed 50% (Calculated by
area)
Not to exceed 50% (Calculated by
area)
3' or greater in height
No minimum plant size (Calculated
by area)
No minimum plant size (Calculated
by area)
No minimum (Calculated by area)
No minimum plant size (Calculated
by area)
No minimum plant size (Calculated
by area)
No minimum plant size (Calculated
by area)
No minimum plant size (Calculated
No minimum plant size (Calculated
by area)
canopy is no closer than ten feet
to the edge of a structure.
2.5 times the mature height of the
shrubs
Prohibited within 5' of structure
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Q) Plant selection shall emphasize low-water native mountain region vegetation ('Mountainscape') and
shall limit the use of high-water use plant species. All required landscapes, except for dry landscapes,
shall include a designed irrigation system
(k) Rockeries.
(1) Purpose. The general intent of the planted rockery standards is to reduce the necessity for
excessive grading and encourage stepping of driveways and buildings with a natural landscape
feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallen rock with
vegetation) common in alpine environments.
(2) Standards for Planted Rockeries.
(i) Rockeries may be utilized wherever finished grades cannot meet the recommended
standards of this Development Code due to naturally occurring topography and other site
development constraints.
(ii) Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, or
grass plantings.
(iii) A rockery shall not exceed seven (7) feet in height unless approved by the PZC.
(iv) The design of rockeries shall be constructed of materials compatible with the site local
geology.
(v) Rockeries over four (4) feet in height shall be structurally designed and certified by a
Colorado licensed professional engineer or architect.
(1) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street
surface parking lots.
(1) Parking Lot Perimeter Landscaping:
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all
parking lots having more than ten (10) spaces.
BEFORE
(ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to screen
the parking area from the street. The screen shall be a minimum of thirty (30) inches in height
and may consist of a berm, wall, plant material, dryscape materials, or combination thereof
NEW
(ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to
screen the parking area from the street, while maintaining proper tree spacing. The screen
shall be a minimum of thirty (30) inches in height and may consist of a berm,
noncombustible wall, plant material, dryscape materials, or combination thereof.
(iii) Where lots are being developed in a mixed -use district, the parking lot perimeter
landscaping requirement may be reduced along an interior lot line, at the discretion of the
Director, provided that interior parking lot landscaping applies to both parking lots.
(2) Internal Landscaping:
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(i) Landscape strips shall be installed between the parking rows of every other double row of
parking when parking rows exceed fifty (50) parking spaces.
(ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a
parking row, either within the parking row or at the end of the parking row.
(3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be
protected from vehicular traffic through the use of continuous concrete curbs. At least one (1)
break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped
areas.
(4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate
pedestrians from vehicles. Internal landscape islands shall:
(i) Be a minimum of six (6) feet in width.
(ii) Be at least two hundred (200) square feet.
(iii) Be sunken below the level of the parking lot surface to allow for runoff capture within
bioswales or similar.
(iv) Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamental
grasses in each island.
(v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of
fifty percent (50%) nonliving landscaping material. Sidewalks or pathways may be counted
toward the nonliving landscape material percentage.
(5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate
pedestrians from vehicles. Internal landscape strips shall:
(i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii) Include a four -foot -wide sidewalk and a six -foot -wide area for installing landscaping.
(iii) Meet requirements for interior landscape islands, as outlined above.
(6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be
established at street intersections by maintaining a maximum height for shrubs and ground
cover of thirty (30) inches as measured from the driveway surface. No obstructions are
permitted in the sight distance triangle, including tree branches that must be trimmed within
eight (8) feet of the ground. All applicable sight distance requirements must be met for parking
lot internal circulation and access points to the public right-of-way.
(7) Landscaping Near Electric Voltaic (EV) Charging Stations.
(i) 0-5 Feet from Charger. Use of non-combustible hardscape materials such as concrete,
pavers, decorative rock, or gravel only. Do not plant any flammable vegetation, store
combustible materials, or place any combustible mulches in this area.
(ii) EV Charging Station Maintenance. Maintain the area free of leaves, pine needles, and
other easily ignitable debris. Do not place refuse containers in this area.
(iii) Plant Selection Beyond 5 Feet of Charger. For landscaping outside the non-combustible
perimeter, select fire-resistant, native, and drought -tolerant plant species.
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(iv) Minimum Spacing of Trees. Deciduous trees are less prone to ignition compared to
evergreens. Space and separate trees according to Table 7.28.7.
(v) Minimum Spacing of Shrubs. Maintain a minimum spacing between plantings according to
Tahle 7 28 7
(m) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining
walls and berms, must be specifically approved and shall conform to the following standards:
(1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and
protect existing native vegetation and mature trees, unless wildfire mitigation is necessary.
Landsc;ape c;redit shall be awarded for preserved vegetation as iindic;ated On Table ,
Landsc;ape Units Awarded, above, where the DireGtor aGGepts the existing vegetation a&
being in good health and rneets the intent of the landsrapffing requirements of this
fie.
(i) No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found by the
Director to be imminently threatening property, at risk of disease due to overcrowding,
posing high fire danger, or potentially encroaching into easements shall be removed.
(iii) All native landscaping shall be kept in its native state, to the greatest extent practicable.
(iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth
in this Section.
(A) Significant Trees. Significant trees, as defined by this Section, shall be preserved to
the maximum extent feasible.
(1) A significant tree means a tree of at least eighteen (18) inches in diameter for a
deciduous tree and twelve (12) inches for evergreens, measured at a height of
fifty-four (54) inches above the ground.
(2) When a significant tree is removed, it shall be replaced on the lot, with a
minimum of two (2) trees a minimum height of eight (8) feet or a minimum
caliper of two and one-half (2.5) inches. Alternative landscaping in the way of
art installations or similar non -irrigated materials may be considered in lieu of
vegetation. At the discretion of the Community Development Director,
replacement of a significant tree may not be necessary or may be replaced with
shrubs if the property owner effectively demonstrates that the existing
landscaping does not meet wildfire mitigation standards, the available location
for any new trees is not available and or the removal of the significant tree is
beneficial in lowering wildfire risk.
(3) Replacement trees shall be maintained through an establishment period of at
least three (3) years, except that single-family and duplex dwellings shall have
an applicable establishment period of one (1) year.
(4) It is the responsibility of the property owner to preserve and maintain any
established significant tree. Maintenance shall include wildfire mitigation.
(5) Alternative tree removal guidelines are at the discretion of the Director.
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(2) Protective Fencing During Construction. All vegetation shall be fenced in accordance with this
subsection before grading or other land -disturbing activity begins. The Director shall consider
existing site conditions in determining the exact location of any tree protection fencing.
(i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent
method of fencing at the perimeter of the designated building envelope and a minimum of
four (4) feet in height at the drip line around each tree or group of trees within the building
envelope to prevent the placement of debris or fill on vegetation to be preserved or within
the drip line of any tree.
(ii) Inspection. All tree and vegetation protection measures shall be inspected and approved
by the Director prior to start of any land disturbing activities. Failure to have protection
measures inspected prior to the commencement of construction is a violation of this
Development Code.
(3) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of
permissible plant species that are compatible with various climate zones found in the Town and
that promote water conservation shall be adopted by the Planning and Zoning Commission and
may be amended from time to time. The use of native plants as defined by the CO Native Plant
Society is recommended. Materials not on the list may be approved if the Director determines
that they are equally or more suitable for local soil conditions, climate and water conservation
goals and would provide the same or better level of visual benefits, and have desired growth
habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town.
(4) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-native,
or diseased vegetation is required and shall be in compliance with Chapter 8.36.
(5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the original
location. It may not be possible to remove the dead vegetation in its entirety due to erosion or
similar concerns. Dead vegetation may be replaced with non -vegetative materials (e.g., a
boulder, art/sculpture, etc.), upon approval of the Director. Non-native vegetation or vegetation
classified as an invasive plant species shall be replaced with native vegetation.
Qi At the discretion of the Community Development Director, dead landscaping may not need
to be replaced if the property owner effectively demonstrates that the existing landscaping
does not meet wildfire mitigation standards, the available location for any new trees is not
available and or the removal of the dead material is beneficial in lowering wildfire risk.
(6) Landscape Plan Required. All -landscape plans must be dated and drawn to scale, showing all
lot lines, property improvements, and recorded easements. Plans shall also note and delineate:
(i) All planting areas
(ii) Hydrozones with similar microclimate, soil conditions, slope, and plant materials with
similar water demand. Individual hydrozones that mix high and low-water use plants shall
not be permitted. Hydrozone areas shall be designated by water use intensity and
identified by number, letter, or other designation on the landscape design plan and
irrigation design plan.
(iii) Type of mulch and application depth.
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(iv) Identification y of any soil amendments, including type, material, depth, and quantity.
(v) Square footage of both pervious and impervious hardscapes.
(vi) Location and installation details of applicable stormwater features including infiltration
beds, swales, and basins that allow water to collect and soak into the ground.
vi W Detail any applicable rain harvesting, or catchment technologies as permitted by the
State of Colorado.
Which trees will be preserved, removed, or relocated, areas where other existing
vegetation is established, and the type, location, size, and number of plants to be installed.
(A) If identifying each tree or a cluster of plant material is impractical, the drawing shall
outline the dimensions of groves of existing and proposed trees or plants.
BEFORE
(B) Plan must show scaled mature tree crown or mature coniferous branch spread, and
not size of proposed caliper being planted.
NEW
(B) Plan must show scaled mature tree crown or mature coniferous branch soread, and
not size of proposed caliper being planted. "Mature" means the tree is at least ten
(10) years old.
(viii) The size, quantity, ignition rating, water demand, common name, and botanical name of
plants used, including ground cover, shall be included in a menu and labeled on the
drawing accordingly.
(ix) When seed mixtures including use of hydroseeding are used, the percentages of grass or
wildflower mixtures and seed application rates shall be specified.
(7) Irrigation Plan Required.
Irrigation Plans shall demonstrate the following:
(A) Backflow prevention devices that protect the potable water supply from contamination
by the irrigation system and comply with local plumbing codes.
(B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the
point of connection of the water supply.
(C) Master shut-off valves and flow meters integrated with the automatic irrigation
controller on all projects except irrigation systems that make use of technologies that
allow for the control of sprinklers that are individually pressurized.
(D) Dedicated landscape water meters or sub meters for all non-residential irrigated
landscapes five thousand (5,000) sq. ft. or more.
(E) For all nonresidential properties, smart irrigation controllers labeled by U.S.
Environmental Protection Agency's WaterSense Program or with published reports
from Smart Water Application Technologies are required. If a flow meter is used, then
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the controller shall be able to use inputs from the flow meter/sensor to control
irrigation if flows are abnormal.
(F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that
suspend or alter irrigation operation during unfavorable weather conditions or when
sufficient soil moisture is present.
(G) The following table shall be provided on all irrigation plans:
Landscape Area Provided
% of Lot / Square Footage
Total irrigated area
% of landscaped area/ square footage
Spray area
% of irrigated area/ square footage
Drip area
% of irrigated area/ square footage (measured as three (3) square feet
per sprinkler head, unless otherwise shown)
The irrigation system design shall:
(A) Prevent runoff, low head drainage, overspray, or other similar conditions where
irrigation water flows onto non -targeted areas, such as adjacent property, non -
irrigated areas, hardscapes, roadways, or structures. Restrictions regarding
overspray and runoff may be modified if the landscape area is adjacent to permeable
surfacing and no runoff occurs or if the adjacent non- permeable surfaces are
designed and constructed to drain entirely to landscaping.
(B) Conform to the hydrozones of the landscape design plan.
(C) Have matched precipitation rates within a hydrozone, unless otherwise directed by
the manufacturer's recommendations.
(D) Meet the required operating pressure of the emission devices using valve pressure
regulators, sprinkler head pressure regulators, inline pressure regulators, booster
pumps, or other devices. The pressure and flow measurements identified at the
design stage will be verified prior to the installation of the system.
(E) Meet the requirements set in the American National Standards Institute (ANSI)
standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter
Standard authored by the American Society of Agricultural and Biological Engineers
and the International Code Council and verified by an independent third -party.
(F) Achieve the highest possible sprinkler spacing distribution uniformity using the
manufacturer's recommendations. All sprinkler head installed in the turfgrass areas
shall have a distribution uniformity of 0.65 or higher using the protocol defined in
ASABE/ICC 802-2014 standard.
(G) Minimum pop-up height for sprinklers in turf -grass areas is 6".
iii. All irrigation shall be designed and operated according to the watering schedule as
imposed by the Eagle River Water and Sanitation District (ERWSD).
iv. Above ground temporary sprinkler irrigation may be used to establish vegetation on
otherwise non -irrigated portions of the landscaped areas; however, such temporary
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systems must be removed upon sufficient vegetation establishment as determined by the
Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or
three (3) years for trees.
v. Irrigation Management.
(A) Irrigation management includes planning water use, monitoring water use, and
verifying that the equipment is maintained and properly adjusted for optimal
performance.
(B) Add landscape materials adjustments to the system should be in harmony with the
original intent of the irrigation design.
(C) Scheduling of irrigation events should match the needs of the plants to maintain
health, appearance, and meet the function of a landscape.
vi. Irrigation Audit.
(A) All multi -family and commercial projects must undergo an irrigation audit prior to
Certificate of Occupancy. For single-family projects, the Town may require an
irrigation audit for the proposed landscaping depending on the size and or nature of
the proposed irrigation system or water demand for landscaping.
(B) All landscape irrigation audits shall be conducted by a third -party certified landscape
irrigation auditor. Irrigation audits shall not be conducted by the person or company
who installed the irrigation system.
(C) The irrigation audit report shall include, but is not limited to:
a. System test with distribution uniformity for all turf areas and at least 10%
of remaining zones for a well -represented collection of zones;
Reporting overspray or runoff that causes overland flow;
c. Examination of an irrigation schedule, or preparation of one if necessary,
including irrigation controller's configuration with application rate, soil
types, plant factors, slope, exposure, and any other factors necessary for
accurate programming; and
d. System tune-up recommendation. Applicant will work with auditor to
reconcile recommendations & off the punch list to meet the standards.
vii. Soil Amendment.
(A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall
consist of material best suited for the subject property. Depth of topsoil shall reflect
the surrounding environmental conditions including annual rainfall and elevation.
(B) Amended tree soil should have a minimum planting hole diameter of two (2) times as
large as the root ball diameter. Both topsoil and subsoil layers shall consist of
material best suited for the subject property. The percent of organic matter for the
topsoil and subsoil shall be measured by weight in accordance with best planting
practices. Depth of topsoil shall reflect the surrounding environmental conditions
including annual rainfall and elevation.
Page 13 of 15
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WILDFIRE UPDATE
7.28.050 Landscaping
Avon Municipal Code
(C) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons
that impact plant growth or exceed the Environmental Protection Agency's standards
for soil containment.
(D) All applicable soil criteria and standards shall be noted on the landscape design plan.
(1) Mulch Criteria.
a. Organic mulch material, depth, and coverage, shall be applied as
appropriate to each species and mulch type. It shall be applied to the soil
surface and not against the plant stem or high against the base of the
trunk to minimize disease.
b. Organic mulch material includes bark and wood chips. Mulch consisting of
construction debris such as pallets is prohibited.
c. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a
minimum depth of two inches (2"). Inorganic mulch is recommended
where practicable as it does not hold or absorb water and is preferred for
wildfire mitigation purposes.
(8) Revegetation Required.
(i) All disturbed areas must be adequately reseeded and restored on all projects.
(ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed
organic matter such as, but not limited to, compost, composted horse manure or
composted chopped straw or hay. Straw tackifier, hydroseeding, or matting on steep
slopes is required to prevent soil erosion. The addition of decomposed organic matter is
also required prior to turf installation.
(9) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance
of a certificate of occupancy for all structures. Landscaping materials installed in the fall may not
be able to be inspected until the following spring. A refundable deposit may be required to
auarantee funds will be available for anv materials that did not survive plantina.
(10) Maintenance. All landscape improvements shall be maintained and replaced by the property
owner.
(11) Dry Landscape Substitutions.
(i) The following table identifies materials that may be used for landscaping purposes:
Table 7.28-8
Material
Minimum Size or
Value
Maximum Use
Example
Boulders
24" x 30"
Six (6) shrubs per
Twenty-five (25)
boulder
percent
Dry creek bed or other
One (1) shrub per
Fifty (50) percent
significant landscape feature.
twelve 12 square feet
Shade structure or other
Small bridge, pavilion,
One (1) shrub per
structure.
etc.
twelve 12 square feet
Page 14 of 15
ATT A - PG 44
WILDFIRE UPDATE
7.28.050 Landscaping
Avon Municipal Code
Fine art/sculpture
Small garden ornaments
are not included.
One (1) shrub per
twelve (12) square feet
Twenty-five (25)
percent
Low-water Shrubs: density to
Two (2) gallon container
No limitation
attain fifty (50) percent bed
size
coverage after three 3 ears
Other installations
Play equipment,
As determined by
As determined
monuments, etc.
Director
by Director
(n) Hydrant Clearance and Landscaping. In addition to the provisions of 13.04.100, no landscaping is
permitted 20 feet above a hydrant.
(Ord. 25-19, Ord. 23-01, § 2(Exh. A); Ord. 17-12 §4; Ord. 10-14 §3)
Page 15 of 15
ATT A - PG 45
WILDFIRE UPDATE
7.28.080 Fences
Avon Municipal Code
7.28.080 Fences.
(a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and in
public rights -of -way, to maintain the openness of properties to protect the light and air to abutting
properties, to provide adequate screening by regulating the height, location and design and to promote the
movement of wildlife through portions of Town.
(b) Fence Design Standards.
(1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon
Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood, fences should
complement the property and landscape rather than contain the property. The following review
criteria apply for the review of fence applications:
(i) Fence material shall be wood, with the exception of that fencing being placed within 0-8 feet
from a structure, and no more than four (4) feet in height. Fence height shall be measured from
finished grade. Grade shall not be altered for the purpose of increasing fence height; Fencing
within 0-8 feet from a structure must be compromised of non-combustible material. Wood
fencing may not be connected to a structure;
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails.
Fencing within 0-8 feet of a structure may be of a different design and comprised of
noncombustible materials;
(iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property lines;
(iv) Fences shall not enclose an area of one thousand two hundred (1,200) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence
design;
(vi) If a fence is part of a multi -family project, approval shall be received from the association and
the fence design shall be integrated with the overall landscape design of the property; and
(vii) If a fence is located on a duplex property, written approval shall be received from the adjoining
property owner and the fence design must be integrated with the overall landscape design.
(viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food
crops, the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet;
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid weed -materials; and
(E) Fences enclosed on the top and greenhouses are considered accessory structures.
NEW
(ix) Privacv Fencina. Privacv fencina within 0-8 feet of the home must be fire and ianition
resistant with a Class A rating. Treated building materials will not be allowed unless the
treatment is rated to maintain its Class A rating for the life of the material without
reaoolication. or use an ianition resistant material such as metal, masonrv. or stone.
Page 1 of 3
ATT A - PG 46
WILDFIRE UPDATE
7.28.080 Fences
Avon Municipal Code
(2) All other zone districts:
(i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials and
colors of the principal buildings on the same lot. If used along collector or arterial streets, such
features shall be made visually interesting by integrating architectural elements, such as brick
or stone columns, varying the alignment or setback of the fence, softening the appearance of
fence lines with plantings or through similar techniques. A fence or wall may not consist of a
solid, unbroken expanse length of more than fifty (50) feet.
(ii) Materials:
BEFORE
(A) Stone walls or brick walls with a stone or cast stone cap, treated wood fences, decorative
metal, cast iron fences, stucco walls and stone piers are encouraged, with non-
combustible materials preferred. Solid walls and fences are permitted only in rear and
side yards. Retaining walls are permitted where required for grading purposes. Hedges
may be used in the same manner and for the same purposes as a fence or wall.
NEW
(A) Fencing within 0-8 feet of the home or commercial building must be fire and ignition
resistant with a Class A rating. Treated building materials will not be allowed unless
the treatment is rated to maintain its Class A rating for the life of the material without
reapplication. Stone walls or brick walls with a stone or cast stone cap, treated weed
#ewes, decorative metal, cast iron fences, stucco walls and stone piers are
encouraged, with non-combustible materials preferred. Solid walls and fences are
permitted only in rear and side yards. Retaining walls are permitted where required for
grading purposes. Hedges may be used in the same manner and for the same purposes
as a fence or wall.
(B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences
are split rail, wrought iron, picket or other standards residential fences of a similar nature
approved by the Director.
(C) Solid fences shall be constructed to meet the wind design criteria including wind speed
minimums of the adopted Building Code
(D) Other materials may be incorporated in fences and walls and may be approved by the
Director.
(iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire or
electrically charged fences are prohibited. Chain -link fencing with or without slats shall not be
used as a fencing material for screening purposes.
(iv) Height Limitations.
(A) No more than forty-two (42) inches high between the front building line and the front
property line. For corner lots, front yard fence regulations shall apply to both street sides
of lot.
(B) No more than forty-two (42) inches high if located on a side yard line in the front yard,
except if required for demonstrated unique security purposes.
Page 2 of 3
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WILDFIRE UPDATE
7.28.080 Fences
Avon Municipal Code
(C) No more than five (5) feet high for an opaque privacy fence located on a rear property
line or on a side yard line in the rear yard.
(D) No more than six (6) feet high for opaque privacy fences that are located directly
adjacent to and integrated with the architecture of the house or connected to a courtyard.
(E) No more than thirty (30) inches high when located within the sight distance triangle.
Fences within this sight distance triangle shall not be solid.
(F) In the Light Industrial and Commercial (IC) zone district, a chain -link fence is permitted
so long as it is not higher than six (6) feet anywhere on the premises and not visible at
the intersection.
(v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected
regularly to ensure stability and safety, and for aesthetic values.
(Ord. 25-06; Ord. 23-01, § 2(Exh. A); Ord. 21-09 §16; Ord. 17-12 §5; Ord. 10-14 §3)
Page 3 of 3
ATT A - PG 48
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
7.28.100 Natural Resource Protection.
(a) Steep Slopes.
(1) Purpose. The purpose of this Subsection is to:
(i) Prevent soil erosion and landslides;
(ii) Protect the public by preventing or regulating development in locations with steep slopes;
(iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and
provide access for emergency vehicles necessary to serve the hillside areas;
(iv) Encourage only minimal grading that relates to the natural contour of the land and reduce
necessity of retaining walls;
(v) Discourage mass grading of large pads and excessive terracing; and
(vi) Require revegetation and reclamation of slopes disturbed during development.
(vii) Protect structures from the threat of wildfire through the implementation of wildfire
mitigation practices.
(2) Applicability. The standards in this Section shall apply to all new development, with the
exception of administrative and minor subdivisions and all other subdivision, PUD and rezoning
processes that do not result in an increase in density.
(3) Standards. Development subject to these standards shall comply with the following standards:
(i) Development on natural slopes of forty percent (40%) or greater is prohibited.
(ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted,
whether to provide for a building site, for on -site utilities or services or for any roads or
driveways, prior to issuance of a building permit in accordance with a grading and
excavation plan and report for the site approved by the Town Engineer.
(iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent
(40%) shall remain in natural private or public open space, except as expressly allowed in
this Section. This area may be credited toward open space requirements and minimum lot
area requirements.
(iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty percent
(30%) that is larger than two thousand five hundred (2,500) square feet, the lot shall be a
minimum of one (1) acre in size with a minimum street frontage of one hundred fifty (150)
linear feet. Lots shall not be mass -graded to avoid this provision.
(v) Limits on Graded or Filled or Constructed Slopes.
(A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged
wherever possible.
(B) Graded or filled or constructed slopes shall not exceed a slope of fifty percent (50%).
(C) Cut human -made surfaces or slopes shall not exceed a slope between twenty-five
percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a site
investigation and submittal of a soils engineering or geotechnical report prepared and
Page 1 of 24
ATT A - PG 49
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
approved by the Town Engineer, that a cut at a steeper slope will be stable and will
not create a hazard to public or private property.
(D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The
cut surface of the bedrock should be "sculptured" to create an irregular profile which
approximates natural rock outcroppings on the site. Planting pockets may be created
in the sculptured rock for grasses and forbs.
(E) All cut, filled and graded slopes shall be re -contoured to the natural, varied contour of
the surrounding terrain pursuant to Paragraph (xii)(F) below and Section 7.28.050,
Landscaping.
(vi) Natural Design:
(A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut
and fill slopes (within approximately five [5] feet of the sharp angle). Where this would
damage tree root systems, the amount of rounding off may be reduced and shrubs
used instead to hide the transition.
(B) Slopes providing a transition from graded areas into natural areas should be varied in
percent grade both up -slope and across the slope, in the undulating pattern of
surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope
will vary from a straight line in plain view.
(C) Natural grade at the lot lines shall be maintained.
(vii) Separate Pads:
(A) Cutting and grading to create benches or pads for buildings or structures shall be
avoided to the maximum extent feasible.
(B) Separate building pads for accessory buildings and structures other than garages,
such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be
allowed except where the natural slope is twenty percent (20%) or less.
(viii) Parking Areas. Parking areas should be constructed on multiple levels and follow natural
contours as necessary to minimize cut and fill.
(ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall
comply with the standards of Section 7.28.070, Retaining walls.
(x) Natural Drainage Patterns:
(A) Site design shall not change natural drainage patterns.
(B) To the maximum extent feasible, development shall preserve the natural surface
drainage pattern unique to each site as a result of topography and vegetation.
Grading shall ensure that drainage flows away from all structures, especially
structures that are cut into hillsides. Natural drainage patterns may be modified on -
site only if the applicant shows that there will be no significant adverse environmental
impacts on -site or on adjacent properties. If natural drainage patterns are modified,
appropriate stabilization techniques shall be employed.
Page 2 of 24
ATT A - PG 50
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
(C) Development shall mitigate all negative or adverse drainage impacts on adjacent and
surrounding sites.
(D) Standard erosion control methods shall be used during construction to protect water
quality, control drainage and reduce soil erosion. Sediment traps, small dams or
barriers of straw bales shall be located wherever there are grade changes to slow the
velocity of runoff.
(xi) Revegetation Required. Any area exposed in new development shall be landscaped or
revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6),
Revegetation plan.
(xii) Streets, Roads and General Site Access:
(A) Access to a building or development site shall be by road, street or private access
road only.
(B) Streets, roads, private access roads and other vehicular routes shall comply with all
requirements of this Code and design specifications.
(C) Streets, roads, private access roads and other vehicular routes shall not be allowed
to cross slopes between thirty percent (30%) and fifty percent (50%) 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; and
2) No significant adverse visual, environmental or safety impacts will result from
the crossing, either by virtue of the design and construction of the street, road,
private access road or other vehicular route as originally proposed or as a
result of incorporation of remedial improvements provided by the developer to
mitigate such impacts.
(D) Under no circumstances shall any street, road, private access road or other vehicular
route cross slopes greater than fifty percent (50%).
(E) Streets, roads, private access roads and other vehicular routes shall, to the maximum
extent feasible, follow natural contour lines.
(F) Grading for streets, roads, private access roads and other vehicular routes shall be
limited to the asphalt portion of the right-of-way, plus up to an additional ten (10) feet
on either side of the asphalt as needed, except that when developing access on
slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way
shall be graded plus the minimum area required for any necessary curb, gutter or
sidewalk improvements. The remainder of the access right-of-way shall be left
undisturbed to the maximum extent feasible.
(G) Roads, other vehicular routes or trails may be required to provide access or maintain
existing access to adjacent lands for vehicles, pedestrians, emergency services and
essential service and maintenance equipment.
Page 3 of 24
ATT A - PG 51
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
(xii) Wildfire Mitigation:
(A) Requires aggressive fuel reduction and other mitigation as fire moves faster uphill.
Mitigation includes creating wider defensible space, using ignition -resistant plants,
thinning trees, and clearing debris. The width of this defensible space may vary, as
determined by a professional wildfire assessment and as approved by the Town of
Avon.
(b) Stream, River, Waterbody and Wetlands.
(1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and
improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic value
of streams, rivers, water bodies and wetland areas of the Town.
(2) Applicability. This Subsection shall apply to all new development, except for the following
development or activities:
(i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and harvesting;
(ii) Maintenance and repair of existing public roads, utilities and other public facilities within an
existing right-of-way or easement;
(iii) Maintenance and repair of flood control structures and activities in response to a flood
emergency;
(iv) Wetland and wildlife habitat restoration, construction or enhancement that improves or
restores the wetland or stream corridor functions, provided that the proposed activity is
approved by the appropriate agency such as the U.S. Army Corps of Engineers; and
(v) For the purposes of wildfire mitigation in the Wildland Urban Interface (WUI) as determined
necessary by a professional wildfire assessment and as approved by the Town of Avon.
The standards of this Section shall apply in addition to the standards of Subsection 7.28.100(d), Flood
Damage Prevention. In the event that there is any conflict between the two (2), the more restrictive
provision shall apply.
(3) Nondegradation of Streams, Rivers and Wetlands. The applicant shall show evidence and plans
to ensure that the proposed development does not result in reasonably avoidable degradation of
streams, rivers or wetlands. This condition shall apply to both the development activities and the
ultimate use of the land. Items such as settling ponds, filtration galleries, sand traps and the
ultimate maintenance of these items shall be addressed and resolved prior to subdivision
approval. See also Subsection 7.28.100(c), Grading, Erosion Prevention and Sedimentation
Control.
(4) Riparian Buffers. The following buffers Buffers are established required from the mean annual
high water line (AHWL), as determined by the Town Engineer, on each side of any perennial
stream or river, water body or wetland.
(5) Riparian Protection Buffer:
(i) Intent. The riparian protection buffer is intended to protect the habitat, wetland, slopes and
features in the immediate vicinity of riparian areas. These areas are typically ecologically
rich but sensitive habitats that also serve as critical buffers to sedimentation.
Page 4 of 24
ATT A - PG 52
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
(ii) Minimum Width. The minimum width of the riparian protection buffer shall be thirty (30) feet
from the AHWL.
(iii) For subdivisions, PUDs or rezonings, the Director may request a specific survey of the
extent of riparian zone if unable to easily ascertain the extent.
(iv) Permitted Uses and Activities. Except as required to accommodate a permitted use or
activity, all existing vegetation within the riparian protection buffer shall be preserved and,
where necessary to provide adequate screening or to repair damaged riparian areas,
supplemented with additional native or adapted planting and landscaping.
(v) Allowed Activities and Uses. The following uses are allowed in both -the riparian protection
buffer:
(A) The planting of native riparian vegetation with hand equipment.
(B) Agricultural purposes on lands used primarily for agriculture, provided that a ten -foot -
wide buffer of natural vegetation is left on the stream bank.
(C) Maintenance of landscape existing and in compliance with local regulations on
November 16, 2010.
(D) Bank stabilization activities.
(E) Electric, natural gas, cable communications and telephone utility related activities
within an existing right-of-way or easement where necessary.
(F) The control and maintenance of noxious weeds, provided that non -chemical control
methods are used. U.S. EPA -approved herbicides may only be used if applied using
a wick device. A wick device applies the herbicide only to the surface of the weed.
(G) The following management activities:
(1) Nonmechanized removal of fallen dead branches or fallen dead trees,
although this practice is only allowed if the dead vegetation poses an
immediate threat to health and safety due to the beneficial wildlife, fisheries
and environmental value of fallen dead branches and trees;
(2) Nonmechanized removal of hazardous leaning trees or dead branches; aad
(3) The clearing of one (1) private trail on a lot of up to three (3) feet in width that
serves as access to the waterbody or clearing for a public trail as approved by
the Town. Staircases are considered part of a trail; and
(4) Maintenance of river access locations. Rover aGGess river reGreation and
spe"'
(H) No disturbance of land shall be allowed within riparian buffers, including but not
limited to dumping, filling, dredging, new construction, excavating, substantial
improvements or modifications, installation of septic systems, scraping by motorized
equipment, removal of vegetation or root systems or transferring materials that will
reduce the natural storage capacity of the land or interfere with the natural flow
pattern of any watercourse or degrade the quality of surface or ground water.
Page 5 of 24
ATT A - PG 53
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
(1) The construction of bridges over a riparian feature and within the riparian buffer is
permitted, provided that bridges are planned and constructed so as to minimize
impacts on the riparian feature and minimizes disturbance and removal of vegetation.
(J) Fire pits, the use of Charcoal and LP -gas grills, barbecues, smokers (including pellet
smokers), and similar appliances considered open flame cooking devices, as well as
open burning of wood piles are prohibited in riparian buffers due to high wildfire risk
and the ecological sensitivity of these areas.
(6) Ephemeral Streams. Development shall not be permitted within the channel of an ephemeral
stream, as defined by its AHWL, except that the Town Council may grant waivers or
modifications from this prohibition upon a finding that the development will have no adverse
environmental impacts or that such impacts will be substantially mitigated.
(c) Grading, Erosion Prevention and Sedimentation Control.
(1) Purpose. Siltation of rivers and other water bodies is a leading cause of water quality impairment
in rivers and lakes. The purpose of these requirements is to minimize the water quality impacts
resulting from land development and other land -disturbing activities.
(2) Applicability. This Subsection shall apply to any disturbance within one hundred (100) feet of a
stream, all grading unless waived by the Town Engineer, all residential development disturbing
more than one -quarter (%) acre, all mixed use, commercial and industrial development and all
proposed subdivisions and PUDs.
(3) Permit Required. No grading shall be performed without first having obtained a permit from the
Town Engineer. A grading permit does not allow for the construction of retaining walls or other
structural elements.
(i) All grading must be in conformance with the International Building Code (IBC) as adopted
by Chapter 15.
(ii) The building code as set forth in Chapter 15 shall regulate any exemption to a required
grading permit.
(4) Erosion Control Standards. The applicant shall minimize erosion of soils from a site that is being
developed by complying with the following standards. Sediment and mud shall not be
discharged from disturbed areas in greater quantities than the fully vegetated undisturbed state.
(i) Phase Construction. Construction activities such as clearing, grading, road construction
and utilities installation shall be phased to minimize soil exposure. Sediment -trapping
practices and stream and other water body protection shall be installed and stabilized
before site grading or other construction is initiated.
(ii) Soil Stabilization. All disturbed areas and soil stockpiles shall be surface roughened,
mulched, seeded and mulched or otherwise protected from erosive forces if they are to
remain exposed and inactive for periods longer than fourteen (14) days or if soil will be
exposed during winter, so that erosion will not occur during spring snow melt. Disturbed
areas shall be mulched or seeded and mulched within seven (7) days after final grade is
reached. Grass or straw mulch shall be crimped in place. On slopes greater than twenty
Page 6 of 24
ATT A - PG 54
WILDFIRE UPDATE
7.28.100 Natural Resource Protection
Avon Municipal Code
percent (20%) or within fifty (50) feet of any water body, exposed soils shall be hydro -
mulched or covered with nets or mats.
(iii) Excavation. Excavation for footings and foundations shall be minimized to the maximum
extent feasible in order to lessen site disturbance, avoid the disruptions of existing natural
features, such as mature trees, and ensure compatibility with hillside and sloped terrain.
Intended excavation must be supported by detailed engineering plans submitted as part of
the application for site development plan approval.
(iv) Cut and Fill Slopes. Where cut and fill cannot be avoided, slopes shall be designed for
long-term stability. Permanent, drought tolerant native vegetation with low wildfire ignition
potential that is complimentary to the subject area should be used as the preferred
approach to stabilization of cut and fill areas where slopes are less than or equal to two -to -
one (2:1). On cut and fill slopes steeper than two -to -one (2:1), stabilization may be attained
by utilizing retaining walls, rock walls, up -slope runoff diversions, slope drains or other
measures appropriate for the specific situation. Rockfall mitigation will be required for
slopes steeper than two -to -one (2:1) if appropriate. Where retaining walls are used, they
shall meet the requirements of Section 7.28.070, Retaining Walls. In no case shall the soil
surface of a cut and fill slope remain exposed without an approved method of soil
stabilization.
(v) Construction in or Adjacent to a Water Body. Construction in or directly adjacent to any
water body, such as culvert or bridge installation, shall require bed and bank stabilization.
This may include stream isolation through the use of coffer dams, complete containment of
the stream in the area of the disturbance, stream -crossing structures or limits on the dates
when in -stream work can be performed.
(vi) Channels and Ditches. New or re-routed irrigation ditches, receiving channels and streams
shall be protected so that flows from the site do not cause erosion and flooding.
(vii) Stormwater Runoff. Stormwater runoff flows shall be managed to minimize erosion and
sediment transport. Concentrated flows shall be diverted away from disturbed slopes. The
length and steepness of disturbed slopes shall be minimized or slope drains shall be used.
(viii) Sediment and Mud Control. Sediment and mud shall be prevented from leaving the
construction site by immediate placement of street base or construction of mud pads in
access routes. Mud pads shall be at least fifty (50) feet in length and comprised of angular
rock and/or a wheel washing facility. Adjacent properties shall be protected by using
sediment fences, straw bales and silt traps. Storm sewer inlets shall be protected from
entry of sediment -laden water.
(ix) Sediment Detention:
(A) When the contributing drainage area, including off -site area, is greater than one (1)
acre, sediment detention ponds, infiltration devices and other management practices
that store or detain runoff shall be used to treat sediment -containing runoff prior to
discharge from the construction site. These practices shall be designed to treat the
runoff from the two-year, twenty -four-hour storm. Sediment detention ponds, when
included, shall be designed to achieve ninety percent (90%) trap efficiency for all
sediments of 0.005 millimeter or larger diameter. If the discharge from the pond is
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passed through a filtration (i.e., constructed wetland) or infiltration device, the trap
efficiency requirements may be reduced at the discretion of the Town Engineer.
(B) Where the contributing drainage area is less than one (1) acre, a specific engineered
design for these sediment trapping facilities shall not be required. As an alternative,
silt traps may be used to detain and treat runoff.
(x) Temporary Sediment Ponds. Temporary sediment ponds that will be removed after
successful revegetation of the site shall be designed to safely detain and release all storms
up to and including the twenty -five-year, twenty -four-hour storm at its historic, pre -
development rate of release. Ponds that will be left as permanent facilities shall have a
capacity to safely pass the one -hundred -year flood and meet any dam and diversion
requirements of the state engineer.
(xi) Construction De -Watering. All construction de -watering activities shall conform with the
State's construction de -watering permit requirements, which include daily monitoring of
total suspended solids with a thirty -day average concentration of no more than thirty (30)
milligrams per liter and a seven-day average of no more than forty-five (45) milligrams per
liter. Discharges from construction de -watering operations shall be accomplished in a
manner that does not cause erosion.
(xii) Inspection and Maintenance. At a minimum, the applicant shall inspect all erosion and
sediment control devices monthly. In addition, the applicant shall inspect all erosion and
sediment control devices after any precipitation event that occurs during construction and
make any necessary repairs immediately thereafter. An inspection log shall be kept on -site
for review by the Town until the project is complete. A copy of the inspection log sheets
shall be delivered to the Town at the end of each month during construction.
(xiii) Permanent Revegetation. Any disturbed area that is not built upon for a period of one (1)
year or longer shall be revegetated pursuant to Paragraph 7.28.100(c)(6), Revegetation
Plan, below.
(xiv) Post -fire Mitigation. To reduce post -fire erosion and debris -flow risks to the watershed and
downstream communities, riparian restoration shall be coordinated with the Town of Avon.
(5) Erosion and Sediment Control Plan. An applicant for any development listed in Paragraph
7.28.100(c)(2), Applicability, shall submit an erosion and sediment control plan prepared by a
qualified professional. The plan shall contain the following information:
(i) Existing Features. Location of all existing and proposed structures and hydrologic features
on the site, including intermittent water features, wetlands and the one -hundred -year flood
plain and all drainage structures or natural features on the land adjacent to the site and
within a minimum of one hundred (100) feet of the site boundary line. The map must show
the locations of street gutters, storm sewers, drainage channels, other water conveyance
structures, wetlands and other waters that receive storm runoff from the site.
(ii) Topography. Existing and proposed topography depicted at reasonable contour intervals,
to provide necessary detail of the site. Existing and proposed areas with slopes of fifteen
percent (15%) to thirty percent (30%) and greater than thirty percent (30%) shall be
identified. The map shall extend a minimum of one hundred (100) feet beyond the property
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line and show the location of the property line. The map shall show elevations, dimensions,
location, extent and slope of all proposed grading including building site and driveway
grades and the boundary limits of clearing and grading.
(iii) Plans. Plans of all drainage features, paved areas, retaining walls, cribbing, planting,
temporary or permanent soil erosion control measures, rockfall mitigation or other features
to be constructed in connection with or as part of the proposed development. As
applicable, design drawings of sediment controls, temporary diversions and practices used
shall be provided. A brief description including specifications shall also be provided of how
the site will be stabilized after construction is completed.
(iv) Storage Areas. The location of storage areas designated for equipment, fuel, lubricants,
chemical and waste storage. Details on spill containment structures shall be provided
where storage of these materials is planned. The location of soil stockpiles and snow
storage areas shall also be shown, along with the location of any temporary roads
designed for use during construction.
(v) Construction Schedule. The plan shall describe the expected starting and completion dates
of the site grading and construction, including the installation and removal time periods of
erosion and sediment control measures and the duration of exposure of each area prior to
the completion of temporary erosion and sediment control measures.
(vi) Calculations. Any calculations made for determining rainfall, runoff, sizing of any sediment
basins, diversions, conveyance or detention/retention facilities.
(vii) Other Permits. Evidence of compliance with state and federal requirements to obtain a
Colorado Discharge Permitting System (CDPS) or National Pollutant Discharge Elimination
System (NPDES) permit for construction sites disturbing an area or one (1) acre or more.
(6) Revegetation Plan:
(i) On a parcel of land that has been or will be altered from its natural condition by human -
made activities, a revegetation and land reclamation plan prepared and certified by a
qualified professional shall be required by the Director for review and approval.
(ii) The revegetation and land reclamation plan shall depict the type, size, water needs,
wildfire ignition rating, and the location of any trees and vegetation being planted and -to
illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to
ensure that revegetation is feasible.
(iii) Any slope exposed or created in a new development shall be landscaped or revegetated
with native or adapted trees and other native or adapted plant material. New vegetation
shall be equivalent to or exceed the amount and erosion -control characteristics of the
original vegetation cover in order to mitigate adverse environmental and visual effects.
(iv) On human -made slopes of twenty percent (20%) or greater, native plant materials with
deep rooting characteristics shall be selected that will minimize erosion and reduce surface
runoff. The planting basin should be kept level with a raised berm around the base of the
plant to help retain moisture.
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(v) To the maximum extent feasible, topsoil that is removed during construction shall be
conserved for later use on areas requiring revegetation or landscaping, such as cut -and -fill
slopes.
(vi) The plan shall also indicate a time frame for revegetation that is acceptable to the Town
and that takes into account optimal seasonal growing conditions. Irrigation shall be
provided to the revegetated areas if it is necessary to ensure survival of species planted.
(d) Flood Damage Prevention.
(1) Purpose. It is the purpose of this Subsection to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(i) Protect human life and health;
(ii) Minimize expenditure of public money for costly flood control projects;
(iii) Minimize the need for rescue and relief efforts associated with flooding and that are
generally undertaken at the expense of the general public;
(iv) Minimize prolonged business interruptions;
(v) Minimize damage to public facilities and utilities, such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas of special flood
hazard;
(vi) Help maintain a stable tax base by providing for the secondary use and development of
areas of special flood hazard so as to minimize future flood blight areas; and
(vii) Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
(2) Applicability. The flood damage prevention regulations of this Subsection shall apply to all areas
of Special Flood Hazard Areas (SFHA) within the jurisdiction of the Town and areas removed
from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F).
The Flood Insurance Study (FIS) for Eagle County, Colorado and incorporated areas dated
December 4, 2007, with accompanying Flood Insurance Rate Maps (FIRMs) and any revisions
thereto serves as the basis for establishing the SFHA and is adopted by reference. The most
recent version of the FIRM received by the Town is on file with the Town Clerk.
(3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this Subsection
includes methods and provisions for:
(i) Restricting or prohibiting uses that are dangerous to health, safety and property due to
water or erosion hazards or that result in damaging increases in erosion or in flood heights
or velocities;
(ii) Requiring that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
(iii) Controlling the alteration of natural floodplains, stream channels and natural protective
barriers that may help accommodate or channel floodwaters;
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(iv) Controlling filling, grading, dredging and other development that may increase flood
damage; and
(v) Preventing or regulating the construction of flood barriers that will unnaturally divert
floodwaters or that may increase flood hazards in other areas.
(4) Compliance. No structure or land shall hereafter be constructed, located, extended, converted or
altered, nor shall any development occur without full compliance with the terms of this
Subsection and other applicable regulations.
(5) Liability. The degree of flood protection intended to be provided by this Subsection has been
determined to be reasonable for regulatory purposes and is based on engineering and scientific
methods of study. Floods of greater magnitude may occur and flood heights may be increased
by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by
debris. This Subsection does not imply that the areas outside the SFHA or land uses permitted
outside the SFHA will be free from flooding or flood damages or that compliance with these
regulations will prevent any or all damages from flooding. Nor shall this Subsection create a
liability on the part of or a cause of action against the Town or any officer or employee of the
Town for any flood damages that may result from reliance on this Subsection or any
administrative decision.
(6) Conflicting Regulations. This Subsection is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. Where any provision of this Subsection
conflicts or overlaps with another provision of this Development Code, including Subsection
7.28.100(b), Streams, Rivers, Waterbodies and Wetlands; any state or federal law; or any
easement, covenant or deed restriction, then the more restrictive provision shall apply.
(7) General Standards. In all SFHA, the following standards are required:
(i) Construction Materials and Methods:
(A) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage; and
(B) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(ii) Utilities:
(A) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(B) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems
into floodwaters; and
(C) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(iii) Subdivision Proposals:
(A) A subdivision proposal shall be consistent with the need to minimize flood damage;
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(B) A subdivision proposal shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
(C) All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood damage; and
(D) Base flood elevation data shall be provided for subdivision proposals and other
proposed development that contain at least fifty (50) lots or five (5) acres.
(iv) Effect of Development. Any proposed development shall be analyzed to determine effects
on the flood -carrying capacity of the SFHA.
(v) Use Regulations. Uses shall be regulated in the SFHA and subareas of the SFHA pursuant
to this Subsection.
(A) Prohibited Uses in F000dway. No development, encroachment, use or alteration in,
on or over any part of the floodway shall be permitted that alone or cumulatively with
other such uses would cause or result in:
1) The occupation of permanent or temporary structures.
2) The development or use of overnight campgrounds or travel trailer parks.
3) Uses that customarily include the use, storing or processing of materials that
are buoyant, flammable, explosive or otherwise potentially injurious to human,
animal or plant life during a time of flooding. Examples include, but are not
limited to, junkyards, automotive shops and dry cleaners.
4) Solid waste disposal sites and central collection sewage treatment facilities.
5) Uses that serve vulnerable populations with limited mobility (including but not
limited to child care facilities, elementary schools and senior housing).
6) The potential of solid debris (including but not limited to, garages, shelters,
benches, storage sheds, decks or fences) or waste (including but not limited to,
septic systems or portable toilets) being carried downstream.
7) An encroachment that would adversely affect the efficiency and capacity of the
floodway, change the direction of flow, cause any increase in the base flood
elevation or cause foreseeable damage to others, wherever located.
8) An encroachment, including fill, new construction, substantial improvements or
other development unless certification by a registered professional engineer or
architect is provided and demonstrates that encroachments shall not result in
any increase in flood levels or velocities during the occurrence of the base flood
discharge.
9) Critical facilities, as defined by the Department of Natural Resources, Colorado
Water Conservation Board, Rules and Regulations for Regulatory Floodplains,
Rule 6, Critical Facilities, dated November 17, 2010.
10) Any use prohibited pursuant to Paragraph 7.28.100(b)(4), Riparian Buffers.
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(B) Allowed Uses in F000dway. The following uses shall be permitted within the floodway
to the extent that they are not prohibited in a particular area by any underlying zoning
district and only if they do not adversely affect the efficiency of the floodway, change
the direction of flow or increase the base flood elevation:
1) Agricultural uses, such as general farming, pasture, grazing, forestry, sod
farming and wild crop harvesting.
2) Recreational uses not requiring permanent or temporary structures designed for
human habitation.
3) Uses accessory to residential uses, including but not limited to lawns, open
areas, gardens, driveways and play areas.
4) Road and highway structures.
5) Wildfire mitigation.
(C) Prohibited Uses in Flood Fringe. No development or uses on or over any portion of
the flood fringe shall be permitted that alone or cumulatively with other such
development or uses would cause or result in any of the following:
1) The storage or processing of materials that are buoyant, flammable, explosive
or otherwise potentially injurious to human, animal or plant life in a time of
flooding.
2) Solid waste disposal sites and central collection sewage treatment facilities.
3) The potential of solid debris (including but not limited to garages, non -habitable
shelters, storage sheds, decks or fences) or waste (including but not limited to
septic systems or portable toilets) being carried downstream.
4) Critical facilities, as defined by the Department of Natural Resources, Colorado
Water Conservation Board, Rules and Regulations for Regulatory Floodplains,
Rule 6, Critical Facilities, dated November 17, 2010.
5) For additional restrictions, see Paragraph 7.28.100(b)(4), Riparian Buffers.
(D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood fringe and in
areas removed from the floodplain by the issuance of a FEMA LOMR-F subject to the
zoning designation of the property and this Subsection and shall comply with the
applicable standards of this Subsection.
1) Residential Structures. Residential structures and uses are allowed, provided
that:
(1) Any residential structure designed for human occupancy or the storage of
property shall be constructed, located or improved so that any external
wall shall be not less than thirty (30) feet from the stream side of the flood
fringe.
(11) The lowest floor, including the basement, electrical, heating, ventilation,
plumbing and air conditioning and other service facilities of any
residential building or structure and substantial improvement to any
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residential structure shall be not less than one (1) foot above the
maximum base flood elevation. The lowest adjacent grade surrounding
the structure shall be filled to at least the base flood elevation (BFE),
compacted with slopes and protected by vegetated cover.
(III) The lowest interior grade, including crawl spaces, of any residential
building or structure, shall not be lower than the lowest adjacent grade.
2) Nonresidential Structures and Uses. The following nonresidential structures or
uses are allowed:
(1) Agricultural uses, such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, wild crop
harvesting and sod farming.
(II) Private and public recreational uses, such as golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, trap and skeet
ranges, hunting and fishing areas, fish hatcheries, hiking, biking and
equestrian trails.
(III) Open area nonresidential uses, such as lawn , gardens, parking areas
and play areas.
(IV) Uses accessory to open space or uses for which a permit is required
under this Subsection.
(V) Railroads, streets, roads, bridges, utility lines and facilities and structures
for irrigation, drainage or flood control.
(VI) Wildfire Mitigation.
3) Nonresidential Standards. Nonresidential structures or uses shall comply with
the following:
(1) Any nonresidential structure shall either have the lowest floor, including
the basement, not less than one (1) foot above the BFE; or together with
attendant utility and sanitary facilities shall be flood -proofed so that below
one (1) foot above the computed BFE, the structure is water -tight with
walls substantially impermeable to the passage of water; have structural
components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and be certified by an engineer or architect registered
in the State of Colorado that the standards of this Subsection are satisfied.
Such certifications shall be submitted to the Town Engineer or its
designated representative and provide that where a nonresidential
structure is intended to be made watertight below one (1) foot above the
BFE;
(11) A registered professional engineer or architect in the State of Colorado
shall develop and/or review structural design, specifications and plans for
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the construction and shall certify that the design and methods of
construction are in accordance with current technical criteria; and
(III) A record of such certificate that includes the specific elevation (in relation
to the appropriate datum) that the structures are flood proofed. All flood
proofing shall meet the current technical criteria set by the Colorado Water
Conservation Board and the Federal Emergency Management Agency.
The applicant shall provide the certifications to the Town Engineer.
In the event that floodwaters in the flood fringe can be expected to attain a velocity
greater than three (3) feet per second at any point where the proposed development
is to occur, then additional flood -proofing shall be required sufficient to withstand
such greater water velocity.
4) Recreational Vehicles. Recreational vehicles that meet the following conditions
may be located in the flood fringe:
(1) The recreational vehicle is located on the site for fewer than thirty (30)
consecutive days.
(11) The recreational vehicle is fully licensed and ready for highway use.
(8) Floodplain Development Permit. A floodplain development permit shall be obtained from the
Town Engineer before the start of construction or development within the SFHA.
(i) Contents of Floodplain Development Permits. Applications for floodplain development
permits are to be submitted to the Town Engineer and shall include the following
information as applicable:
(A) Application Form. A completed application form with all necessary information
completed.
(B) Site Plan. A plan at a scale of one inch equals two hundred feet (1" = 200') or as
approved by the Town Engineer, stamped by an engineer registered in the State of
Colorado, which includes:
1) The site location;
2) A legal description of the parcel;
3) Base flood limits and water surface elevations;
4) Floodway limits;
5) Channel of watercourse;
6) Existing and proposed contours or elevations at no more than two -foot
intervals;
7) Existing and proposed structures, with the lowest floor elevations (including
basements and garages) of each structure;
8) Proposed elevations to which structures will be flood -proofed (if applicable);
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9) Location and elevations of existing streets, water supply and sanitation
facilities;
10) Limits and total land area of all existing and proposed impervious surfaces,
including structures;
11) Existing water supply ditches, irrigation ditches and laterals; and
12) All maps shall comply with the National Map Accuracy Standards.
(C) Channel Cross -Section. A typical cross-section showing:
1) The channel of the watercourse;
2) Limits of floodplain adjoining each side of channel;
3) Cross-section area to be occupied by the proposed development; and
4) Existing and proposed base flood elevations.
(D) Construction Specifications. Specifications for construction and materials of buildings,
flood -proofing, filling, dredging, grading, channel improvements, storage of materials,
water supply and sanitation facilities as applicable.
(E) Alteration of Water Course. Description of the extent to which any water course will
be altered or relocated as a result of the proposed development.
(F) F000dway Floodplain Development Requirements. If development is proposed in a
floodway, then a floodway analysis by a Colorado Registered Professional Engineer
must be completed using methodology acceptable to the Federal Emergency
Management Agency (FEMA) and Colorado Water Conservation Board (CWCB) and
must meet the following guidelines:
1) If a detailed hydraulic floodway analysis has not been performed, the
responsibility for determining the floodway boundary rests with the floodplain
development permit applicant. The need for a detailed hydraulic floodway
analysis shall be the decision of the Town Engineer.
2) The Town Engineer may require that the detailed hydraulic floodway analysis
be based on the identical hydraulic model which was used to develop the
engineering study currently adopted by the Town Council. The applicant should
obtain, through the Town Engineer, a copy of the input data representing the
computer model used for the effective flood hazard study if available.
3) The model must then be updated to existing hydraulic conditions to determine
what increase in the one -hundred -year water surface elevation levels have
already been achieved by development since the floodplain was established.
(1) Alternative floodway configurations may then be analyzed based on
methods as outlined in the current U.S. Army Corps of Engineers HEC-
RAS Water Surface Profiles Users Manual and submitted to the Town
Engineer for review and approval.
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(II) Approval will be based on demonstration that the cumulative effects of
the proposed development, plus the effects of development since the
original flood hazard area was established, does not cause a rise in the
base flood elevation.
(III) At the Town Engineer's discretion, where a regulatory floodway has been
designated, it may not be necessary to determine the cumulative effects
of existing development.
4) F000dway boundary configurations will be examined and approved by the
Town Engineer. The following specific information, for the stream reach one
thousand (1,000) feet upstream and one thousand (1,000) feet downstream
from the proposed encroachment, must be submitted:
(1) A copy of the printout for the hydraulic computer model representing the
base flood profile run for conditions existing at the time the currently
effective floodplain was developed. The printout must include the full
input and output listing.
(11) A copy of the printout from the hydraulic computer model representing
the floodway run for the proposed floodway configuration and including
developments and other hydraulic changes within the floodplain since
the currently effective floodplain was established. The printout must
include the full input and output listing with all input changes from the
original model highlighted.
(III) A copy of the floodway data table representing data for the proposed
floodway configuration.
(IV) A copy of the currently effective official engineering study showing the
existing floodplain and the proposed floodway configuration.
(V) Certification from a Colorado Registered Professional Engineer that the
proposed floodway configuration, in combination with current floodplain
hydraulic conditions, meets FEMA and CWCB requirements when
evaluated against flood elevations established when the original
floodplain study was completed.
(VI) Electronic copies of all aforementioned data and model input files of this
Section shall be submitted on a suitable medium.
(VII) LOMR to existing floodways shall continue to use the floodway criteria
in place at the time of the adopted floodway delineation as approved by
the Town Engineer.
(G) Report. An engineering report addressing those standards set forth in this Section,
signed and sealed by a Colorado Registered Professional Engineer.
(ii) Standards for Permit Review:
(A) Completeness. No later than ten (10) days following receipt of a completed
application for a floodplain development permit, the Town Engineer shall:
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1) Determine and set a fee in an amount necessary to cover the costs incurred in
the review and approval or disapproval of the permit application, including all
hearings, copying, mailings, publications, labor, overhead, consultants, experts
and attorneys that the Town deems necessary and shall notify the applicant in
writing of the amount of the fee. Until the fee is paid to the Town Engineer, the
application for the floodplain development permit shall not be further
processed.
2) Determine if the application is complete. If the application is not complete, the
Town Engineer shall in writing notify the applicant of the deficiency of the
application. Until the information is submitted to the Town Engineer, the
application for the floodplain development permit shall not be further
processed.
3) The amount of the fee may be increased at any time if it is determined by the
Town Engineer that the fee is not sufficient to cover all costs associated with
the floodplain development permit.
(B) Review of Application. Once the application is complete and the fee is paid, the Town
Engineer shall within thirty (30) days either:
1) Approve the application and grant a permit if the proposed development
complies with these regulations. The Town Engineer may attach such permit
conditions as deemed necessary in furthering the purpose of the SFHA.
2) Deny the application if the proposed development does not comply with the
regulations of the SFHA. The decision of the Town Engineer shall state, in
writing, reasons for the decision and shall be given to the applicant.
(C) Permit Issued Only for Allowed Use. A floodplain development permit shall not be
issued unless the proposed development complies with the standards and uses
allowed in the SFHA and will not otherwise violate the purposes and intent of these
floodplain regulations.
(D) Determination of Flood Hazard. In reviewing an application for a floodplain
development permit, the Town Engineer shall determine the specific flood hazard at
the site and shall evaluate the suitability of the proposed use in relation to the flood
hazard.
(E) Other Permits and Approvals. The floodplain development permit applicant must
obtain all other necessary permits and approvals from which approval is required by
local, federal or state law, including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. § 1334.
(F) Issuance of Permit. If the Town Engineer determines that the application for a
floodplain development permit meets the purposes and requirements of this Section,
the floodplain development permit shall be issued, with the attachments of any
conditions as deemed necessary to further the purposes of this Section. Such
conditions may include, but are not limited to, specification for modification of waste
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disposal methods and facilities, landscaping, periods of operation, operational
controls, sureties, deed restriction and adequate flood -proofing.
(iii) Building Permit. The Chief Building Official shall not issue any permit for, nor shall the
Director allow any use involving, any building, structure or other development within the
SFHA unless a floodplain development permit has been granted for the development.
(iv) Permit Expiration. A floodplain development permit shall expire two (2) years after the date
of issuance if the permittee has not commenced construction under the permit.
(v) Waiver of Submission Requirements. The Town Engineer may waive any part but not all of
the submission requirements imposed by the SFHA upon petition by the applicant that a
portion of the submission requirements is inapplicable to the development for which the
permit is sought and/or full compliance with the submission requirements would be
unreasonable for the applicant and that the proposed development will have an
insubstantial impact on the surrounding area. Such a waiver may be granted, after due
consideration by the Town Engineer, upon written determination that the information to be
submitted is sufficient for the Town Engineer to arrive at a permit decision in full
compliance with the law and these floodplain regulations and that the proposed
development will have an insubstantial impact on the surrounding area.
(vi) Notice to Purchaser or Lessee. In addition to the provisions set forth in the administrative
regulations, in the event that a permit issued under these floodplain regulations allows a
structure to be located in a floodplain, the terms of the permit shall require notice that the
structure is being located in a floodplain and must be disclosed to the purchaser or lessee
in the purchase contract, deed or lease.
(vii) Permit Conditions. The Town Engineer may attach such conditions to granting of a permit
for proposed development in the floodway, the flood fringe or a flood -prone area, as he or
she deems necessary in furthering the purposes of these floodplain regulations. Such
conditions may include, but not be limited to, specifications for modifying waste disposal
and water supply facilities, landscaping, deed restrictions or adequate flood proofing.
(e) Geologic Hazard Areas. Certain types of lands in Avon have the potential to pose hazards to human
life and safety and to property due to their geologic characteristics. These lands include, but are not
limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas
containing expansive or collapsible soils and rocks and areas susceptible to ground subsidence.
Development in certain of these hazard areas also has the potential to cause significant impacts on
the environment, including loss of soil and vegetation cover that can cause increased runoff and
consequent erosion and sedimentation, especially as an outcome of wildfire or domestic fire.
(1) Purpose. The purpose of this Section is to reduce human exposure to geologic hazards and
environmental degradation by limiting development within geologically hazardous areas.
(2) Development Limitations on Sites in Geologic Hazard Areas. After November 16, 2010, new
development is prohibited within geologic hazard areas. In the event that there is no hazard -free
area on a platted site, then development shall be restricted to the least hazardous area of a site,
as approved by the Director based on a study by a qualified engineer licensed by the State of
Colorado. Such development shall incorporate applicable hazard mitigation pursuant to this
Section.
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Avon Municipal Code
(3) Minimum Mitigation Standards in Geologic Hazard Areas. All development in geologic hazard
areas shall comply with minimum standards of this Section. Where a development has been
approved with specific geologic hazard mitigation elements, such elements shall be in addition
to these minimum standards.
(i) If structural geologic hazard defenses are required to protect people or structures, they
shall be designed by a certified engineer to withstand the impact forces.
(ii) Utility lines or pipes that cross a geologic hazard area shall be buried within the hazard
area. Surface pipes, poles or towers for suspended transmission lines in hazard zones
shall be protected by utilizing diversion methods or protection structures.
(iii) Clear -cutting or other large-scale removal of vegetation shall be prohibited within geologic
hazard areas.
(iv) Extractive operations are prohibited within geologic hazard zones unless there is an
approved program of geologic control and defense measures.
(v) All roads shall avoid geologic hazard areas. Roads intended for winter use shall avoid
avalanche hazard areas. If the Director finds that it is not possible to construct a road that
avoids these hazard areas, then the Director may approve a road subject to site -specific
mitigation methods. Roads that must cross hazardous areas shall be designed to limit
exposure and utilize hazard control practices to reduce the danger along exposed road
segments. Where the main access road to a proposed development crosses a hazard
area, a secondary access is required.
(vi) Warning signs shall be placed along roads and trails that cross rockfall and avalanche
hazard zones.
(vii) Property owners who develop in geologic hazard areas or obtain driveway access through
geologic hazard areas shall bear the costs of any control measures that may be required to
mitigate the hazard.
(4) Geologic Hazard Study:
(i) Purpose. The purpose of a geologic hazards study is to ensure that development avoids
geologic hazard areas whenever possible. Where it is not possible for development to
avoid these areas, then the study shall identify mitigation techniques to reduce or minimize
the potential impacts of these hazards on the occupants of the property and, as applicable,
the occupants of adjacent properties.
(ii) Applicability. A geologic hazard study shall be required for all subdivisions, PUDs,
rezonings and lots that contain or may contain geologic hazards as defined by the
Development Code. A geologic hazards study shall be accepted by the Town only when
prepared by a professional qualified geologist or registered engineer who has the expertise
to map and evaluate geologic hazards and to assess their potential impacts on the
development. Maps depicting slopes shall be prepared by a surveyor registered in
Colorado.
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(iii) Requirements for Preliminary Approval. With every preliminary application, the applicant
shall submit a geologic hazard study that shall provide a detailed site specific analysis that
includes the following minimum information:
(A) A site specific analysis of the property that depicts the locations of geologic hazards
in relation to planned development areas. The map shall include an accurate survey
depiction, at two -foot contour intervals, of those portions of the property that contain
slopes in excess of thirty percent (30%).
(B) An evaluation of the potential impacts of the geologic hazards on the proposed
development and potential impacts on any property surrounding the subject property.
This shall include an evaluation of any recent natural or man-made activity
associated with the geologic hazards and shall provide an expert opinion as to the
degree of severity of the potential geologic hazards.
(C) A plan with building envelopes that ensure that structures will be located in areas free
of geologic hazards or that have been properly mitigated as to all identified hazards.
Subdivision plat notes shall be utilized to identify geological hazards present outside
of platted building envelopes, as applicable.
(D) Identification and description of all proposed hazard mitigation and avoidance
measures.
(iv) Referral to Colorado Geological Survey.
(A) As part of the review of the preliminary application, including but not limited to
rezonings, subdivisions and PUDs, the Director shall refer the application to the CGS.
Referral of final plat applications will be at the discretion of the Director.
(B) CGS shall review the application and geologic hazards study and provide comments
on potential geologic hazards posed to persons and property. The purpose of this
review is to make use of the expertise and judgment of CGS to evaluate the potential
impacts of these hazards on development and to make recommendations on the
appropriate avoidance or mitigation techniques that may best apply to the proposed
development.
(C) If CGS determines that there are geologic hazards on the property that have not
been addressed by the applicant or that the analysis is otherwise incomplete or
inadequate, the Town may require the applicant to revise the geologic hazards study
to address the hazards.
(D) The Town shall consider the recommendations of the CGS and apply the appropriate
recommendations as conditions of approval of the preliminary plan.
(v) Requirements for Final Approval. The applicant must demonstrate in the final plan or plat
how the development complies with all conditions imposed in the preliminary approval.
(f) Scenic Views [Reserved].
(g) Alternative Energy System Standards. The purpose of this Subsection is to establish standards for
alternative energy generating systems so that they may be allowed and will be compatible in
appropriate locations in the Town.
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7.28.100 Natural Resource Protection
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(1) General Standards. Any person or association, regardless of the date of establishment, is
prohibited from imposing private covenants, conditions, restrictions, deed clauses or other
agreements between parties that prevent persons from installing and using alternative energy
systems.
(2) Ground -Mounted Solar Collection System:
(i) Standards. All ground -mounted solar collection systems shall comply with the following
requirements:
(A) Setbacks, Location and Height:
1) A ground -mounted solar collection system shall not be located in the front
yard between the principal structure and the public right-of-way.
2) A ground -mounted solar collection system shall comply with all setback
requirements for the zone district within which it is located.
3) An accessory ground -mounted solar collection system in any residential
district shall not exceed the greater of one-half ('/2) the footprint of the
principal structure or six hundred (600) square feet, whichever is less. The
size of accessory arrays in mixed -use and nonresidential districts shall not
exceed one-half ('/2) of the footprint of the principal structure.
4) A ground -mounted solar collection system shall not exceed ten (10) feet in
height.
(B) Solar Easements. A property owner who has installed or intends to install a ground -
mounted solar collection system shall be responsible for negotiating with other
property owners in the vicinity for any necessary solar easement and shall record the
easement in the Eagle County land records.
(C) Additional Standards. A solar array may only be proposed when a solar collection
system has been maximized on a property's primary structure.
(3) Roof -Mounted Solar Collection System:
(i) Standards. All roof -mounted solar collection systems shall comply with the following
requirements:
(A) Setbacks, Location and Height:
1) A roof -mounted solar collection system shall not extend more than two (2)
feet above a pitched roof or six (6) feet above a flat roof.
2) With the exception of flat roofs, a roof -mounted solar collection system
placed on the roof shall mimic the roof pitch it is attached to.
3) A roof -mounted solar collection system may be located on an accessory
structure.
4) A development proposed to have a roof -mounted solar collection system
located on the roof or attached to a structure or an application to establish
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7.28.100 Natural Resource Protection
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a system on an existing structure shall provide a structural certification as
part of the building permit application.
(B) Solar Easements. A property owner who has installed or intends to install a roof -
mounted solar collection system shall be responsible for negotiating with other
property owners in the vicinity for any necessary solar easement and shall record the
easement in the Eagle County land records.
(4) Small Wind Energy System:
(i) Definition. A small wind energy system shall mean a wind energy conversion system
consisting of a wind turbine, a tower and associated control or conversion electronics that
has a rated capacity of not more than one hundred (100) kilowatts (kW) and that is
primarily intended to reduce on -site consumption of utility power.
(ii) Standards. All small wind energy systems shall comply with the following requirements:
(A) Setback. The base of the tower shall be set back from all property lines, public right-
of-ways and public utility lines a distance equal to the total extended height (e.g., if on
a roof, roof height plus tower height) plus five (5) feet. A tower may be allowed closer
to a property line than its total extended height if the abutting property owner grants
written permission and the installation poses no interference with public utility lines or
public road and rail right-of-ways. Guy wires and other support devices shall be
setback at least five (5) feet from all property lines.
(B) Sound. Sound produced by the turbine under normal operating conditions, as
measured at the property line of any adjacent property improved with a dwelling unit
at the time of the issuance of the zoning certificate, shall not exceed fifty-five (55)
dBA for any period of time. The fifty-five-dBA sound level may be exceeded during
short-term events out of the owner's control such as utility outages and/or severe
wind storms.
(C) Appearance, Color and Finish. The turbine and tower shall remain painted or finished
in non -reflective, non -obtrusive color. Bright, luminescent or neon colors, as
determined by the Town, are prohibited.
(D) Clearance. The blade tip or vane of any small wind energy system shall have a
minimum ground clearance of fifteen (15) feet as measured at the lowest point of the
arc of the blades.
(E) Signage Prohibited. All signs on a wind generator, tower, building or other structure
associated with a small wind energy system visible from any public road, other than
the manufacturer's or installer's identification, appropriate warning signs or owner
identification, shall be prohibited.
(F) Lighting. No illumination of the turbine or tower shall be allowed unless required by
the FAA.
(G) Access. Any climbing foot pegs or rungs below twelve (12) feet of a freestanding
tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers,
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7.28.100 Natural Resource Protection
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sheets of metal or wood or similar barriers shall be fastened to the bottom tower
section such that it cannot readily be climbed.
(H) Requirement for Engineered Drawings. Building permit applications for small wind
energy systems shall be accompanied by standard drawings of the wind turbine
structure and stamped engineered drawings of the tower, base, footings and/or
foundation as provided by the manufacturer.
(1) Compliance with FAA Regulations. No small wind energy system shall be
constructed, altered or maintained so as to project above any of the imaginary
airspace surfaces described in FAR Part 77 of the FAA guidance on airspace
protection.
(J) Utility Notification. No small wind energy system shall be installed until evidence has
been submitted to the Town that the relevant electric utility company has been
informed of the customer's intent to install an interconnected customer -owned
generator. Off -grid systems shall be exempt from this requirement.
(K) Abandonment. If a wind turbine is inoperable for six (6) consecutive months, then the
owner shall be notified that he or she must, within six (6) months of receiving the
notice, restore his or her system to operating condition. If the owner fails to restore
his or her system to operating condition within the six-month time frame, then the
owner shall be required, at his or her expense, to remove the wind turbine from the
tower for safety reasons. If the owner fails to remove the wind turbine from the tower,
the Town may pursue legal action to have the wind generator removed at the owner's
expense.
(Ord. No. 23-01, § 2(Exh. A); Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3)
Page 24 of 24
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WILDFIRE UPDATE ATTACHMENT B
Title 15, Section 15.25 International WUI Code
Avon Municipal Code
NOTE: The following is the proposed DRAFT for Title 15, which works in conjunction with the amendments
to Title 7, eliminating the need to adopt the mandatory State of Colorado Wildfire Resiliency Code (CWRC).
The Town believes the proposed building code amendments, along with the Title 7 amendments, meet or
exceed the CWRC for structural hardening and for applicability.
15.25.010 Adoption.
The Town adopts the 2021 International Wildland-Urban Interface Code Appendix A, and Appendix
B, and Appendix J, except as amended in this Chapter. Only the appendices specifically listed herein are
adopted. The 2021 International Wildland-Urban Interface Code is published by the International Code
Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International
Wildland-Urban Interface Code are on file in the office of Community Development and are available for
inspection during regular business hours.
15.25.015 — Appendix J — Avon Wildfire Resiliency Code.
J101. Purpose and Intent
The purpose of the Avon Wildfire Resiliency Code ("Code") is to enhance and improve the
construction and maintenance of the built and natural environment within the Town for all new construction,
exterior modifications, and relocation(s) of existing structures. The objective of the Code is to improve
emergency preparedness and hazard mitigation planning within the Town.
The entire Town of Avon lies within a wildfire hazard area, known as the Wildland Urban Interface
(WUI). Wildfires can burn thousands of acres for weeks and often send large quantities of embers miles
beyond the main fire perimeter, igniting new areas, whether the land is developed or natural. Because the
Town is in a vallev. with Darts of Avon on the vallev floor and surrounded by sianificant toDOaraDhv. no location
is outside the Dotential ember fall area from a wildfire
Structures built within the Town shall be constructed and IandscaDed in a manner to resist ignition
from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping
are subject to this title and Title 7 of the Avon Municipal Code.
J102. Applicability and Exceptions.
The Code applies to all new construction and exterior modifications as well as to the relocation of
existing structures. Exceptions include:
(a) Repairs for less than twenty-five (25%) percent of existing decking or roofing on an existing
structure;
Repairs for less than twenty-five (25%) percent of siding on an existing structure;
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Title 15, Section 15.25 International WUI Code
Avon Municipal Code
(c) Accessory structures less than 200 square feet ihalt are located greater than thirty (30) feet
from habitable spaces
J103. Ignition Resistant Construction Requirements.
(a) Roof. Class A rating (tested by ASTM E108 or UL 790) or made of noncombustible material.
Wood shake is not permissible on new construction. Valleys must have a corrosion -resistant
metal flashing installed over a 36-inch underlayment of a 72-pound mineral -surfaced, non -
perforated cap sheet.
(b) Eaves. Shall be protected by ignition -resistant materials, or materials with a 1-hour fire -
resistance rating. This can also be achieved using 2-inch nominal dimension lumber or 1-inch
nominal fire -retardant treated lumber.
(c) Exterior Walls. Exterior walls shall be constructed from one of four material types:
(1) Materials with minimum 1 -hour fire -resistance rati
(2) Approved noncombustible materials.
(3) Heavy Timber or log wall construction.
(4) Ignition -resistant building materials.
Additionally, exterior walls shall have a minimum of 6 vertical inches of noncombustible
material measured from the around or nearest horizontal surface.
(d) Exterior Doors and Windows. Shall be made of noncombustible materials, solid core wood at
least 1.75 inches thick, or have a fire protection rating of at least 20 minutes. Tempered glass
doors are permitted. Dual or triple pane windows that comply with the International Energy
Conservation Code are considered ianition-resistant.
(e) Exterior Decks. Decks and other unenclosed appendages or projections attached to a
habitable building shall be built with materials that have at least a 1-hour fire -resistance rating
or are made of heavy timber. Other options include using approved noncombustible materials,
fire -retardant treated wood, or ignition -resistant building materials. For decks or porches 4 feet
or less above the ground, the under -deck area shall be enclosed to prevent debris
accumulation. Method: use fully enclosed wall covering or corrosion -resistant mesh (maximum
opening size 1/8 inch).
(f) Openings. Attic, foundation, underfloor, vents through the roof or in vertical exterior walls
cannot exceed 144 square inches and shall be covered with a noncombustible, corrosion -
resistant mesh or perforated material with openings no larger than 1/8 inch. Attic openings
must not be located in the inner two-thirds of soffits, eave overhangs or other overhang areas.
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Title 15, Section 15.25 International WUI Code
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(g) Chimneys. Chimneys for fireplaces, barbeques, or other heating appliances that use solid or
liquid fuel shall be equipped with a spark arrester made of woven or welded wire screening
with openings no larger than 1/2 inch.
J104. Ianition-Resistant Buildina Materials.
(a) Ignition -resistant building material is a type of material that sufficiently resists ignition and
sustained flaming combustion. To qualify as an ignition -resistant building material, a material
shall meet one or more of the following criteria:
Noncombustible Material: A noncombustible material is one that does not ignite or
burn when subjected to fire. This also includes materials with a noncombustible base
and a surfacing material no thicker than 1/8 inch that has a flame spread index of 50 or
less.
(2) Fire -Retardant -Treated Wood: is any wood product that has been impregnated with
chemicals, either through a pressure process or other manufacturing means, and
when tested in accordance with ASTM E84 or UL 723, the wood must have a listed
flame spread index of 50 or less.
3) Fire -Resistance -Rated Construction: The use of materials and systems in the desian
and construction of a structure to safeguard against the spread of fire within a
structure and the spread of fire to or from structures to the wildland-urban interface
area, and when tested in accordance with ASTM E84 or UL 723, the wood must have
a listed flame spread index of 50 or less.
(4) Log Wall Construction: A type of construction in which exterior walls are constructed of
solid wood members and where the smallest horizontal dimension of each solid wood
member is at least 6 inches (152mm).
1-Hour Fire -Resistance Rating: Building material has been tested to withstand a
standardized fire for at least 1 hour while maintaining its structural integrity and
preventing the passage of flames and hot gasses.
Extended Fire Testing: The material shall be tested for a period of 30 minutes using
the extended ASTM E 84 (UL 723) or ASTM E 2768 test. During this test, the material
must meet specific performance requirements.
(7) Specific Standards of Quality: Materials can also qualify by meeting specific California
State Fire Marshal (SFM) test standards, such as those for exterior wall sidina,
horizontal projections, decking, or general ignition -resistant materials.
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Title 15, Section 15.25 International WUI Code
Avon Municipal Code
J105. Defensible Space Requirements.
Unless otherwise provided in an approved fire protection plan, defensible space shall be provided and
maintained pursuant to Section 7.28.050 Landscaping of the Avon Municipal Code.
J106.Other site -specific requirements.
(a) Driveways (All Zone Districts). In the area within 30 feet of the edges of driveways that are
more than 150 feet long trees shall be pruned and spaced to provide at least 10 feet of
horizontal spacing between crowns and so that limbs are a minimum height of 10 feet above
the around or one-third the heiaht of the tree if the tree is less than 18 feet tall.
b) Riaht-of-Way. Fire Lane. and Drivewav Protection. In addition to anv standards that a
pursuant to Sec. J106(a). - Driveways, within 30 feet of a road right-of-way, fire lane, or
driveway that is longer than 150 feet, vegetation shall be limited to plants that are appropriate
for right-of-way protection due to their low -flammability rating and growth characteristics, as
determined by the Communitv Development Director or assians.
c) Continuina Maintenance of Defensible Space and Fire Lane and Riaht-of-Wav Protection
Areas. The owner of property upon which defensible space or fire lane or right-of-way
protection is required shall be responsible for ensuring that such spaces are maintained in
accordance with Sec. J106(a). - Driveways, and Sec. J106(b), Right -of -Way, Fire Lane, and
Driveway Protection. Maintenance of such spaces shall include modifying or removing non -fire -
resistive vegetation, keeping leaves, needles, and other dead vegetative material regularly
removed from roofs of buildings and structures, and regularly removing deadwood and litter
from trees.
Page 4 of 4
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Avon
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AVON PLANNING & ZONING COMMISSION
Meeting Minutes (DRAFT)
Monday, March 9, 2026
Public Meeting Begins at 5:30 PM
TEAMS LINK: https://teams.microsoft.com/meet/27922651662969?p=usTFyQtgcVumcdRNDv
To join meeting via phone, dial (945) 468-5504 and enter conference ID: 813 62613#
1. Call to Order and Roll Call (Chairperson) — 5:30 PM
Meeting commenced at 5:30 PM. A rollcall was taken, and Planning Commissioners Carly Hansen,
Brian Sipes, Rick Sudekum, Elizabeth Waters, Nancy Tashman and Nicole Murad were present.
Commissioner Brad Christianson was absent. Also present were Director of Community Development
Matt Pielsticker, Planning Manager Jena Skinner, Planner II Claire Perez, Town Attorney Nina
Williams, and Development Coordinator Emily Block.
2. Approval of Agenda
ACTION: Commissioner Sipes approved the agenda, and there were no objections
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. Brief Training Session with Town Attorney
6. Public Hearing
6.1. CTA26-002 Wildfire Code Updates — Jena Skinner, Planning Manager
ACTION: Commissioner Sipes made a motion to continue the application to the March 23ra Planning
and Zoning Commission meeting. Commissioner Murad seconded the motion, and the motion passed
unanimously 6-0.
7. Consent Agenda
7.1. Record of Decision: MJR26-001 14561 Flat Point
7.2. February 23, 2026, Planning and Zoning Commission Meeting Minutes
ACTION: Commissioner Sipes abstained because he was absent for the February 23 meeting.
Commissioner Sudekum made a motion to approve the consent agenda. Commissioner Hansen
seconded the motion, and the motion passed unanimously 5-0.
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@u AVON.ORG WITH ANY SPECIAL REQUESTS.
8. Future Meetings
8.1. March 23, 2026
8.2. April 13, 2026
9. Administratively Approved Applications
9.1. MNR26-002 13038 Wildridge Rd Hot Tub and Deck
9.2. MNR26-003 12 Waterfront Way Exterior Door Change
10. Staff Updates
11. Adjourn
The meeting was adjourned at 6:54 PM.
APPROVED:
X
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Avon
C O L 0 R A D 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@u AVON.ORG WITH ANY SPECIAL REQUESTS.