PZC Packet 100113Staff Report - Minor Design and Development /
Alternative Equivalent P uivalent Com liance0 N
October 1, 2013 Planning & Zoning Commission Meeting
Report date September 27, 2013
Project type Minor Design and Development /Alternative Equivalent
Compliance
Zoning Residential Low Density (RLD)
Address 510 Nottingham Road
Prepared By Jared Barnes, Planner 11
Introduction
Ryan Hill, owner of Unit A, has submitted a Minor Design and Development application and
accompanying Alternative Equivalent Compliance (AEC) application (collectively "the Application") for
the subject property, Lot 44, Block 1, Benchmark at Beaver Creek Subdivision (BMBC). The Application
proposes to add new fence along the southern property line. Attached to this report are a vicinity map
(Exhibit A), Application Materials (Exhibit B), and a Letter from the applicant (Exhibit C).
Planning Analysis
The applicant is requesting a install a solid privacy fence along the southern property line. The proposed
fence will measure anywhere from six (6) feet tall to forty-two (42) inches tall depending on the location on
the property.
Section 7.28.o8o(b)(2), regulates fences in all zone districts other than Wildridge and the regulations are as
follows:
(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
(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. 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 (50) percent 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 of the adopted
International Building Code, using a basic wind speed of ninety (go) miles per hour.
(D) Other materials may be incorporated in fences and walls and may be approved by
the Director.
October 1, 2013, PZC Meeting - Fence AEC
(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.
(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.
As is illustrated in the above regulations fences shall not have unbroken expanses of more than fifty (50) feet,
shall be at least fifty (50) percent open, and shall not be taller than forty-two (42) inches when located in the
front yard. Although, the entry and garage doors of this tri-plex structure face north, the southern yard is
considered the front yard as it faces the street, where the driveway entrance is located.
The applicant is requesting relief from the hard fast standards of this code section as outlined in his letter
(Exhibit C). The applicant contends that the safety issues related to the eight (8) to ten (1o) foot tall retaining
wall that exists adjacent to Nottingham Road, and the need for a sound barrier are reasons to grant the AEC
approval. In addition, photographs of adjacent Nottingham Road properties that have installed solid fences
that are taller than forty-two (42) inches have been included as a design the applicant would like to mimic.
Review Criteria
The PZC shall use the following review criteria as the basis for recommendations on the Application:
§7.16.o8o(f), Development Plan
(1) Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
(2) Evidence of substantial compliance with the §7.16.ogo, Design Review.
(3) Consistency with the Avon Comprehensive Plan;
(4) Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as applicable;
(5) Compliance with all applicable development and design standards set forth in this Code,
including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map,
Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and
(6) That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
October 1, 2013, PZC Meeting — Fence AEC 2
§7.16.ogo(f), Design Review
(1) The design relates the development to the character of the surrounding community; or,
where redevelopment is anticipated, relates the development to the character of Avon as a
whole;
(z) The design meets the development and design standards established in this
Development Code; and
(3) The design reflects the long range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
§7.16.12o(d), Alternative Equivalent Compliance
(1) The proposed alternative achieves the intent of the subject design or development
standard to the same or better degree than the subject standard;
(i) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan
to the same or better degree than the subject standard;
(3) The proposed alternative results in benefits to the community that are equivalent to or
better than compliance with the subject standard; and
(4) The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this ordinance.
Staff Recommendation
If the PZC agrees with the applicant's AEC request, then they should approve the Minor Design and
Development and Alternative Equivalent Compliance applications for Lot 44, Block 1, Benchmark at
Beaver Creek Subdivision as proposed and with the following findings:
1. The proposed application was reviewed pursuant to §7.16.o8o(f), Development Plan,
§7.16.ogo(f), Design Review, and §7.16.12o(d), Alternative Equivalent Compliance, and was
determined to be compliant with the review criteria.
z. The proposed six (6) foot tall fence that is completely solid achieves the intent of the screening
standards to a better degree than the subject standard by providing a higher degree of safety
and sound proofing along Nottingham Road and 1-70 Interstate.
Exhibits
A: Vicinity Map
B: Application Documents
C: Letter from the Applicant
October 1, 2013, PZC Meeting - Fence AEC 3
Vicinity Map - Lott 44, Block 1, BMBC Exhibit A
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Jared Barnes
From: Ryanhillconway <ryanhillconway@yahoo.com>
Sent: Thursday, September 26, 2013 10:42 PM
To: Jared Barnes
Cc: ryan conway
Subject: Jared my Internet is wack
I would like to ask for a slight change in the development code. Thank you for the opportunity. My name is
Ryan Hill Conway, I have owned my condo for 6 years and try to improve the property and curb appeal. With
that being said I am in the process of seeding the property. I have cleared all weeds and am ready to finish up.
Before I do that I would like to install a privacy fence along with or acting as a security fence. At the end of the
property just before the Nottingham road easement there is a 8 to 10 foot retaining wall which is desperately in
need of a safety rail. I have a beautiful fence design ready to go. However in order to make the fence match
existing fences on Nottingham Road I would like to ask for a change in the code. The code calls for nothing
higher than a 42 inch fence with 50% air. I feel that it is in need of a little adjustment for example being that the
interstate is 20 feet from my property and Nottingham Road which traffic is very heavy. I would like to make it
a solid fence made out of one by nine red cedar. Currently I am having a hard time renting one of my rooms
because of the constant noise of 170 and Nottingham Road. If I build a solid fence I will match the existing
fences built on the southside of Nottingham Road. in order to help the sound barrier.
It is very important to me that I build and aesthetically pleasing fence in order to bring the curb appeal up on
my property. I also would like it to serve the purpose of blocking the noise from the traffic. Also with that being
said 42 inch height on the fence will work for me except I would like to make a slight adjustment. For example
in the lower west corner of my yard is near the level of the road it then gradually grows up to about 10 feet
above the surface of the road. I would like to ask if I may please use the 6 foot height for roughly 10 to 20 feet
until I reach the higher ground in which I will Gradually minimize the height down to 5 foot then 4 foot then to
42 inches. it will be artistic and aesthetically pleasing.
In order to sum this all up I would just like to say I feel that the fence itself will bring property value up as
well as serving a great purpose. I guarantee the level of quality will be above the norm. I also would like to say
that I already have spent $4000 on quality knot free three-quarter inch By 9 inch material. I will be unable to
return the material if it is not approved. I feel that the fence will be the nicest fence in the town of Avon. In the
picture Below I intend to show that the existing fences on Nottingham Road are of 6 feet in height and have no
space between the boards. There are also pictures of the property in question along with drawings of the
proposed fence.
I completely understand the purpose of the development code and I really agree with the code but I feel that
I am under a specific circumstance in which there can be slight adjustments to the code. I would like to build the
fence as specified and later on if the fence does not meet your aesthetic approval I will make the proper
adjustments. as of now I would like to utilize all the material I have and provide a sound barrier as well as
safety for the renters on this property. I beg of you for your approval on these proper adjustments thank you so
much.
Ryan Hill
Staff Report - Code Text Amendment / WORK SESSION R
�iOctober 1, 2013 Planning & Zoning Commission Meeting11
Report date September 27, 2013
Project type Code Text Amendment
Zoning N/A
Address N/A
Prepared By Jared Barnes, Planner II 9�-u;
Introduction
This report summaries Avon Municipal Code ("AMC") amendments for consideration by the Planning
and Zoning Commission ("PZC"). The Town Council initiated a series of AMC text amendments earlier
this year. Given the breadth of amendments, and in order of prioritize the review, Council broke the
amendments into two "tiers". The PZC already reviewed the first tier amendments as discussed later in
this report. This report summarizes Staff's recommendation to address the remainder of second tier
amendments. The major changes included are to Chapter 7.16.020, General Procedures and
requirements, AMC, and changes to Chapter 7.16.o6o, Planned Unit Development, AMC. The
amendments will be explained in detail in the Planning Analysis below.
Please find draft code language (Attachment A) attached to this report for your review, which includes
a redline strikethrough of the pertinent code changes. Staff will set forth a public hearing at the
October 15th, 2013 PZC meeting and will prepare a resolution that will formalize PZC's recommendation
that will be forwarded to the Town Council for final action by Ordinance.
2013 Code Amendments
At the April 9th, 2013 meeting, the Town Council initiated a series of Code Text Amendments that would
be processed during the 2013 calendar year. These amendments were broken into two tiers based on
their priority to potential pending applications and the summer construction season. A brief list of the
tiers is as follows:
1St Tier Code Amendments
1. PUD Amendments vs. Minor Amendments I §7.16.o6o(h), Amendments to Final PUD
2. PZC/TC Processing Requirements I §7.16.02o(e), Public Hearings
3. Natural Resource Protection I §7.28.1oo, Applicability, & §7.28.1oo(d)(2) Flood Damage Prevention
4. Defined Terms I §7.o8.olo, Definitions
2"d Tier Amendments
1. Signs 1 §15.28, Sign Code
z. Mailed Notice I §7.o6.02o(d)(2)
3. Historic Preservation Committee I §7.12.07o, Historic Preservation Committee, Table 7.16-1,
Development Review Procedures and Review Authority, §7.16.17o, Historic Designation
4. Re -zoning & Zoning Amendments 1 §7.16.050, Zoning Amendments
5. Design Review Purpose I §7.16.ogo, Design Review
6. Neighborhood Commercial Zone District I §7.2o.o8o(a), Neighborhood Commercial, Table 7.20-7,
Dimensions for the Neighborhood Commercial District
7. Allowed Uses for Industrial Commercial (IC) I Table 7.24-1
8. Landscaping I §7.28.050(f)(1) Parking Lot Perimeter Landscaping
9. Building Code Cleanup I Title 15, Building Code
October 1, 2013, PZC Meeting -2nd Tier Code Text Amendments
1o. Fireplaces I §15.24, Solid -Fuel Burning Devices
11. FEMA Regulations I §7.28.1oo(d)(2) Flood Damage Prevention
Through Ordinance 13-09, the Town Council approved the first round of Code Text Amendments which
included: Development Review Procedures Table; Public Hearing review timeframe; Minor Amendment
and PUD Amendment Processes; Development Plan review modifications; Design Review modifications;
and, Natural Resource Protection.
As discussed below, this proposed code text amendments addresses the following sections: Mailed
Notice; Historic Preservation Committee; Rezoning terms; Neighborhood Commercial zone district;
Building Code clean ups; Fireplace regulations; FEMA regulations; and Wildlife Enclosures.
The only outstanding code sections are as follows: Defined Terms; Signs; Allowed Uses in the IC zone
District; and Landscaping. Due to the scope of each of these sections and the need for the FEMA
regulations to be adopted prior to the end of 2013, Staff has decided to process these amendments as a
tier and then subsequently begin work session reviews with the PZC to begin addressing the
outstanding items.
Planning Analysis
The proposed modifications outlined in the attached code sections will not only provide clarity, but will also
cleanup sections that are either redundant, contradictory, or have been found to be troublesome for code
users. Following is a section by section review, in order of appearance, outlining the changes:
Section 8.32.020, Wildlife Protection — Page 8-28
This is the definition for "Wildlife -resistant enclosure" which refers to an outdated Design Review process
and exempts enclosures under a certain size (zoo SF) from the requirement for a building permit. Staff
believes that the section should refer to a generic design review process, so that as application types
change the code section can seamlessly transition. In addition, the Building Official is concerned about the
lack of permitting for some enclosures, therefore the language has been updated to give discretion to the
Building Official related to requiring a permit.
Section 7.o8, Definitions — Pages 23, 27-29, 32-33, 35, 37-38, 45
These definition amendments are solely limited to those required to implement the FEMA regulations as
well as the Historic Preservation Regulations. A future review of definitions will occur in a subsequent
code amendment.
Section 7.12.07o, Historic Preservation Advisory Committee — Pages 52-53
This section will be added to establish a Historic Preservation Advisory Committee (HPAC). It will also set
forth a purpose and duties for this body. Additional regulations will be discussed later in this report that
will set forth the standards for which this body shall adhere to when daling with historical sites, structures,
etc. These regulations are extremely similar to ones previously adopted by the Town prior to the adoption
of Title 7, Development Code.
Table 7.16-1, Development Review Procedures and Review Activity — Page 54
Although recently amended by the 1" tier amendments, Staff identified additional inconsistencies. First the
term "Zoning Amendment" is being replaced with "Rezoning" throughout the code. Second, staff
realized that many review stops were called out as public hearings on this chart even though the specific
October 1, 2013, PZC Meeting -2nd Tier Code Text Amendments
processes only required a hearing and review. The table has been updated to reflect actual review
procedures.
Section 7.16.02o(d)(2), Mailed Notice — Page 58
This section is being modified to reflect the application processes that actually require a public hearing as
called out by the specific review process or that Staff has identified as an application type that should be
noticed through mailings. The amendment was initiated based upon the Special Review Use procedure,
but upon further examination it appeared additional processes should include a mailed notice.
Section 7.16.050, Rezoning— Page 62-63,169
The only modification to this section is the consistent use of the term "Rezoning" as opposed to "Zoning
Amendment". Throughout the pages identified above and Table 7-16, Staff has modified the terms to only
use Rezoning. It was chosen as the preferred term as a zoning amendment indicates that a zoning
classification is being modified, while a rezoning is a broader term, better resembling the intent of the
application process.
Section 7.16.160, Appeal — Page 89
This section modifies the appeal procedures to allow an appellant to agree to a shorter timeframe and
different notification method than what would be allowed by the code.
Table 7.20-7, Dimensions for the Neighborhood Commercial District — Page 95
This specifies the Maximum Residential Density of 7.5 DUs/Acre. This is the same maximum density that
the NC zone district had prior to the adoption of the development code and what is identified as the
baseline in the section immediately following the table 07.20.o8o(a)(1)) that allows for the density to be
increase with additional water right dedication.
Section 7.28.1oo(d), Flood Damage Prevention — Page 179-185,188-189,
The modifications, along with the previously discussed Definitions, are intended to address required FEMA
regulations modifications. Most of the regulations are related to updated terms of art used by FEMA,
while others are intended to modify the specific regulations. In general the regulations have become a bit
more defined and in a specific case more restrictive, by limiting the lowest floor to one (1) foot above the
Base Flood Elevation (BFE). Staff has little ability to comment on these regulations, therefore suggests
they be adopted as proposed.
Chapter 7.50, Historic and/or Cultural Preservation Designated — Page 267-269
This section will be added to establish procedures, guidelines and standards for the designation of Historic
and/or Cultural sites and structures by the Historic Preservation Advisory Committee (HPAC). These
regulations are extremely similar to ones previously adopted by the Town prior to the adoption of Title 7,
Development Code, and only differ from updated code layout, not content.
Section 15.02.010, Definitions — Page 15-5
The definition of Person is being amended so that it matches that used in the Development Code. The
definition of person is mainly used throughout this code for identifying violations and penalties of the
Building Code.
October 1, 2013, PZC Meeting -2nd Tier Code Text Amendments
Section 15.i6.o6o, Section 902 — Masonry Fireplaces — Pages 15-29 —15-30
This section is repealed in its entirety and replaced with identical definitions that are included in Chapter
15.24, Solid -Fuel -Burning Devices. As both sections address wood and gas fireplaces, the need for identical
language is imperative to the Building Code functioning.
Section 15.24.035, Regulations above elevation of seven thousand eight hundred twenty feet — Page 15-40
This is a new section and is similar in rationale to the previous section modifications. In order for the
Building Code to properly regulation wood and gas fireplaces, both code sections need to have identical
regulations and it was identified that this section lacked the regulations above 7,500.
Review Criteria
§7.16._o4o(c),Code _Text _Amendment_Revi_ew Criteria. The PZC shall use the following review criteria as
the basis for recommendations on applications to amend the text of the Avon Municipal Code:
(1) The text amendment promotes the health, safety, and general welfare of the Avon
Community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in the Development
Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts, or other social or economic conditions.
Staff Recommendation
As this is a work session item, only feedback from the commission is desired. A formal public hearing
will be noticed and held at the October 15, 2013 PZC meeting with a Resolution prepared for action.
Attachment
DRAFT Resolution 13-05, including redline strikethrough AMC text
October 1, 2013, PZC Meeting -2nd Tier Code Text Amendments
Refuse means any waste that could reasonably attract wildlife, including but not limited to kitchen
organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease.
Resident means any person, firm, corporation or organization within the Town or on Town-
controlled land.
Residential refuse container means any trash can or similar device used for the collection and storage
of solid waste as defined in Section 8.12.010 of this Title that is not deemed wildlife-resistant by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee.
Special event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity or
any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and
inviting the public to participate with or without charge, whether held on public or private property.
Town Manager means the Town Manager or designee responsible for enforcing the provisions of
this Chapter and to whom all enforcement personnel are responsible.
Wildlife means any undomesticated mammal, including but not limited to elk, deer, sheep, lynx,
skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes.
Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such as a
Dumpster. The lid must have a latching device of sufficient design and strength to prevent access by
wildlife. Wildlife-proof refuse containers must remain intact and functional for at least thirty (30)
minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency
Grizzly Bear Committee. A container not so certified is considered a wildlife-proof refuse container if
it is certified as such by an official designated by the Town.
Wildlife-resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof.
The structure must have a latching device of sufficient design and strength to prevent access by wildlife.
The walls of the enclosure must extend to the ground, and the door can have no more than a three-
eighths-inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be
covered with a metal mesh or other material of sufficient strength to prevent access by wildlife.
Wildlife-resistant enclosures are subject to both the Building Code and the ZeningDevelopment Code of
the Town. All enclosures require development plan and design approval from the Town ander
enclosures of less than two hundred (200) square feet shallmay not require a building permit, at the
discretion of the Building Official. but will require approval of ^ minor project application from th-e
Town. An enelostffe of two htmdred (200) s"ar-e feet of lafgef r-e"kes a building permit. A wildlife-
Wildlife-resistant refuse container means a fully enclosed container of sturdy construction, either
plastic or any other material, which meets the definition of refuse container in Section 8.12.010 of this
Title and which is reinforced to deter access by wildlife. The container must have a sturdy lid with a
latching mechanism which prevents access to the contents by wildlife. Wildlife-resistant refuse
containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife,
as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container
not so certified is considered a wildlife-resistant refuse container if it is certified as such by an official
designated by the Town. (Ord. 10-07 §3)
8-28
Annual High Water Mark means the visible line on the edge or 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.
Applicant means an owner of real property, the owner's representative, or owner of an option
to acquire the property or portion thereof, who is authorized to represent and/or act upon any
application or submittal.
Appurtenances are the visible, functional, or ornamental objects accessory to and part of a
building.
Arcade is a series of arches supported on piers or columns.
Architectural Projection means a building element (i.e., chimney, cupola) which physically
projects beyond the plane of a required limitation (i.e., height).
Automobile Repair Shop, major means an establishment primarily engaged in the repair or
maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large
mechanical equipment, including paint, body and fender and major engine and engine part
overhaul, provided 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, trailer 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 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.
Basement means the definition of Basement as set forth in the most recent version of the
International Building Code adopted by the Town of Avon.
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, V1 -V30,
and VE that indicates the water surface elevation resulting from a flood that has a one percent
0%) chance of equaling or exceeding that level in ani given year.
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.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 23
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.
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.
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 Town of 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 Town of Avon Recreational Trails Master Plan; and, The Town of Avon
Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area
plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time
provided that such amendments or supplemental documents are adopted by ordinance.
Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed
project, which does not revise an effective floodplain map, that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing re ug latory 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(s) 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
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 27
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 §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(s) 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.
Crosswalk means a pathway delineated on a street for pedestrians to cross.
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 communily. any time
before, during and after a flood.
Cul-de-sac means a local street with only one outlet and having the other end for the reversal
of traffic movement.
Dedicated Real Property Interest means real property interest transferred to the Town by
platting, title, deed or other legal method approved by the Town Attorney.
Dedication means any grant by the owner of a right to use real property for the public in
general, involving a transfer of property rights, and an acceptance of the dedicated property by
the appropriate public agency.
Density, Dwelling Units per Acre, means the overall average number of dwelling units
located on the gross or net residential acreage (as applicable) contained within the development
and calculated on a per -acre basis. Gross density is calculated by dividing the total number of
2" d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 28
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;
(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:
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 29
Elevation means the external vertical plane of a building. Elevations are considered different
if they have different roof lines, building materials, details, color and overall stylistic expression.
Employee means a person employed in a building or on a property during normal periods of
use.
Employee Housing means that housing used exclusively for persons employed in Eagle
County.
Environmentally Sensitive Area means aquifer recharge areas, significant wildlife habitat
and migration corridors, unique vegetation and critical plant communities, and ridge lines.
Family means an individual living alone, or either of the following groups living together as
a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship or other
duly authorized custodial relationship; or
(b) Any unrelated group of persons consisting of:
(1) Not more than four (4) persons; or
(2) Not more than two (2) unrelated adults and their children, if any; or
(3) Not more than eight (8) developmentally disabled persons and appropriate staff
occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Family Child Care Home means a facility for child care in a place of residence of a family
or person for the purpose of providing less than twenty-four (24) hour care for children under the
age of eighteen (18) years who are not related to the head of such home. Family child care home
may include infant -toddler child care homes, large child care homes, experienced provider child
care homes, and such other types of family child care homes designated by rules of the State
Department of Social Services pursuant to C.R.S. §26-6-106(2)(p).
Farm Animal means animals commonly raised or kept in an agricultural, rather than an
urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle,
llamas, emus, ostriches, donkeys and mules.
FEMA means Federal Emergency Management Agency.
Fence means enclosing framework for exterior areas, such as yards or gardens.
FHA means Federal Housing Administration.
Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of water from channels and reservoir spillways;
(b) The unusual and rapid accumulation or runoff of surface waters from any source; or
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 32
(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
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 the 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 sources 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.
Floo6o)lain or Flood Mai-,ard,4rea means an area whieh has been designated by F -EM,
Floodway means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than ane (1) feet a designated height. The Colorado 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 (24) 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
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
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 33
Highway Corridor means the area within one thousand five hundred (1,500) feet of the
rights-of-way of the State Highway.
Historic Preservation Advisory Committee means a five -person advisory committee
appointed by the Town Council to make recommendations and findings regarding historic sites,
structures or features in the Town of Avon.
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.
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 non-
profit group which:
(a) Does not produce noise audible outside the dwelling unit where such activity is taking
place;
(b) Does not cause or require customers, delivery persons, employees or any person, to
enter the property on which the dwelling unit is located;
(c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building
Codes, or County health regulations;
(d) Does not require or allow any signs to be visible from the outside of the property; and
(e) Does not change the appearance or residential character of the structure.
Homeowners Association means the association set up to enforce the covenants and maintain
all common areas and buildings for a development (also known as "Owners Association").
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 use 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.
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
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 35
Lane means a private street; or a portion of a roadway delineated for a single line of vehicles;
or a secondary means of access to the abutting lots and not intended for general traffic
circulation.
Large Retail Establishment means a retail establishment, or any combination of retail
establishments in a single building, occupying more than twenty-five thousand (25,000) gross
square feet of floor area, except that no supermarket shall be deemed to be a large retail
establishment.
Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or
Flood Boundary and Floodway Map (FBFM), or both. LOMRs areeg nerally 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 _re ug latory 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) 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 (24) 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 (24) hour per day nursing services under the direction of a registered professional nurse
employed full time.
(c) 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 (24) hour per day nursing
services are required.
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
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 37
subdivision, a parcel of real property abutting upon at least one public street and held under
separate ownership.
Lot Area means the total horizontal area within the lot lines of a lot, except that beneath the
mean waterline of a body of water.
Lot Coverage means the ratio of the area of the site which is rendered impermeable by
buildings compared to the total area of a site, excluding those rendered undevelopable, expressed
as a percentage.
Lot Depth means the average distance between the front lot line and the rear lot line.
Lot, double frontage means lots which front on one (1) public street and back on another.
Lot, flag means a lot so shaped and designed that the main building site area is set back from
the street on which it fronts and includes an access strip connecting the main building site with
the frontage street.
L of L in e, fron t 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 resistant 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 Pro 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;
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 38
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(1%) or greater chance of floodingin given year, i.e., the 100 -year
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.
Structure means a combination of materials to form a construction for use, occupancy or
ornamentation whether installed on, above or below the surface of land or water.
Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two
(2) or more lots, plots, sites, or airspace units.
Subsidence means a local mass movement that involves the downward settling or sinking of
the solid Earth's surface. Subsidence may be due to natural geologic processes or man's activity
such as coal mining.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent 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",gardless 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 car
is right in front of the other and the front car can not 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.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 45
(e) Delegate any duty set forth in this Development Code to another official within the
Community Development Department when determined appropriate and efficient by the
Director.
7.12.060 Other Departments and Agencies
The Town may request review and input of applications from other Town boards,
commissions, departments, other governmental agencies, and non-government agencies, as
determined appropriate considering the nature of the application.
7.12.070 Historic Preservation Advisory Committee
(a) Establishment and Purpose. There is hereby established a Historic Preservation
Advisory Committee (HPAC) of the Town. The purposes of the HPAC are as follows:
(1) To promote the health, safety and welfare of the residents of the Town of Avon
through the regulation of historic and/or cultural sites and structures;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Protect and enhance the Town's attraction to tourists and visitors and increase the
quality of life of the residents;
(4) Promote the use of historical or architectural sites, structures and objects for the
education and welfare of the residents of the town;
(5) Promote and encourage private ownership, stewardship and utilization of such sites,
structures and obiects:
(6) Integrate historic and/or cultural preservation with the Town of Avon
Comprehensive Plan;
(7) Maintain the Town's unique character by recognizingthe importance of
preservation and renewing the Town's legacy for present and future generations;
(8) Discourage the unnecessary demolition of historic and/or cultural resources;
(9) Provide incentives for the continued use of historic and/or cultural resources and
facilitate their appropriate stewardship and reuse;
(10) Encourage the conservation of historic settings and landscapes;
(11) Promote retention of historical integrity in the context of proposed land use.
(b) Duties. The HPAC shall have the following functions and duties:
(1)
Recommend Historic and/or Cultural Landmarks which meet the Landmark
Designation Criteria to the Town Council;
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 52
(2) Review Applications for any permit which includes the exterior alteration,
relocation or removal of a site or structure designated as a Historical and/or Cultural
Landmark and make recommendations to the Planning and Zoning Commission.
2"d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 53
Chapter 7.16
Development Review Procedures
7.16.010 Purpose.
This chapter contains regulations and the procedures for development applications.
§7.16.020 contains regulations that are generally applicable to all development application
review procedures, described in a series of sequential steps. The purpose is to establish uniform
procedures for application types to the extent possible. Subsequent sections identify the
applicability of the common steps to specific procedures, noting any differences between the
common procedures and those for the specific procedure. Specific procedure provisions
supplement, rather than replace, provisions of the common steps, unless the provisions conflict,
in which case the provisions of the specific procedure control. Table 7.16-1 indicates the
specific review and approval procedures of this chapter, with section references.
Table 7.16-1: Development Review Procedures and Review Authority
Procedure
Director
PZC
TC
Comprehensive Plan Amendment (§7.16.030)
R
H -R
H -D
Code Text Amendment (§7.16.040)
R
H -R
H -D
Zoning Amendmen Rezoning (§7.16.050)
R
H -R
H -D
Administrative PUD
D
A
Planned
Minor PUD Amendment
R
H -R
H -D
Unit
Development
Major PUD Amendment
R
H -R
H -D
(§7.16.060)
Preliminary PUD
R
H -R
H -D
Final PUD
R
H -R
H -D
Administrative Subdivision
D
A
Subdivision
Minor Subdivision
R
H -D
(§7.16.070)
Preliminary Plan
R
H -R
H -D
Final Plat
R
H -D
Development
Minor
D
A
Plan
Major
R
HR -D
A
(§7.16.080)
Major in Town Core
R
fl -R
HR -D
Design Review (§7.16.090)
R -D or R
HR -D
A
Special Review Use (§7.16.100)
R
H -D
A
Variance (§7.16.110)
R
H -D
A
Alternative Equivalent Compliance (§7.16.120)
R
HR -D or H -R
A or HR -D
Right -of -Way Vacation (§7.16.130)
R
H -D
Vested Property Right (§7.16.140)
R
H -R
H -D
Location, Character, and Extent (§7.16.150)
R
H -D
A
Appeal (§7.16.160)
H -D
Annexation (§7.36)
R
H -R
H -D
1041 Permit (§7.40)
R
H -R
H -D
R=Review/Recommendations; H=Public Hearing; D=Decision; A=Appeal
7.16.020 General Procedures and Requirements.
2" d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 54
which is the subject of a development application, as measured from the boundary of the
property. If a property within three hundred (300) feet that requires notification is a
condominium project, notice may be mailed to the managing agent, registered agent, or any
member of the board of directors of the project. Mailed notice shall be postmarked at least
eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the
applicant's expense. The Eagle County Assessor's records may be used to determine the
addresses of real property owners. The Town shall include a certificate of mailing in the
public record. Mailed notice shall be required for annexation,. - dments, major
subdivision, planned unit development, rezoning, right-of-way vacation, -variance, and
vested property right applications.
(3) Notice Content. Every required form of notice shall state the time and place of the
hearing, the name of the applicant, a general description of the subject property indicating its
location (which shall be shown by map), a brief summary of the subject matter of the
hearing, a description of the proposed development, a statement that the application or
information relating to the proposed change or amendment is available in the Director's
office during regular business hours for review or inspection by the public, and a statement
that written comments may be submitted to the Community Development Department. All
required notices shall be approved by the Director prior to posting or distributing.
(4) Constructive Notice. Minor defects in any notice shall not impair the notice or
invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply
with applicable notice requirements. Minor defects in notice shall be limited to errors in a
legal description or typographical or grammatical errors that do not impede communication
of the notice to affected parties. In all cases, however, the requirements for the timing of the
notice and for specifying the time, date, and place of a hearing shall be strictly construed.
Any person who appears at a public hearing is deemed to have received constructive notice
and waived any grounds to challenge defective notice. If a question arises at the hearing
regarding the adequacy of notice, the reviewing or decision-making body shall make a formal
finding as to whether there was substantial compliance with the notice requirements of this
Code. When the records of the Town document the publication, mailing, and posting of
notices as required by this section, it shall be presumed that notice was given as required by
this Section. If the reviewing or decision-making body takes action to continue a hearing to a
future specified date, time and location, then constructive notice is deemed to have been
provided for such continued hearing date and additional notices shall not be required.
(e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the
PZC and/or Town Council after a complete application has been received, town staff has
completed town staff review and referral agencies have had an opportunity to provide comments.
The Director may delay the scheduling of a public hearing to a subsequent meeting where an
agenda of the PZC or Town Council is full. A complete application shall be scheduled for an
initial public hearing within seventy-five (75) days after the date that the application is
determined to be complete unless the applicant consents to scheduling the public hearing on a
later date. The PZC or Council may continue a public hearing on its own initiative for a
maximum of sixty-five (65) days after the date of the initial public hearing without the consent of
the applicant. PZC or Council may continue a public hearing for a maximum of ninety-five (95)
days with the consent of the applicant. The reviewing authority shall have thirty-five (35) days
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 58
(3) The text amendment promotes or implements the purposes stated in this
Development Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions,
new planning concepts, or other social or economic conditions.
7.16.050 Zoning Amen dmentsEIZ9nings.
The boundaries of any zone district may be changed, or the zone classification of any parcel
of land may be changed, pursuant to this section. The purpose is not to relieve particular
hardships, nor to confer special privileges or rights on any person, but only to make adjustments
to the Official Zoning Map that are necessary in light of changed conditions or changes in public
policy, or that are necessary to advance the general welfare of the Town.
(a) Review Procedures. Applications fora ezoning shall follow the
general review procedures set forth in §7.16.020, General Procedures and Requirements.
Applications for Hhv&ntsrezonings may be initiated by the Town Council or the
property owner and may not be initiated by any other person.
(b) Review Authority. The PZC shall review applications for �g
e�rezonings and shall provide a recommendation to the Town Council after
conducting a public hearing. The Town Council shall render the final decision on an application
for after conducting a public hearing. Zoning
amendmentsRezonings shall be approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall use the following review criteria
as the basis for recommendations and decisions on applications for zoning
amandmefAsrezonings:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in
the character of the area proposed to be rezoned
(6) Whether there are adequate facilities available to serve development for the type
and scope suggested by the proposed zone compared to the existing zoning, while
maintaining adequate levels of service to existing development;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning
district(s);
(8) That, compared to the existing zoning the rezoning is not likely to result in adverse
impacts upon the natural environment, including air, water, noise, stormwater management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 62
(9) That, compared to the existing zoning, the rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master
Plan as reflected in the approval of the applicable PUD; and,
(11) Adequate mitigation is required for rezoning applications which
result in greater intensity of land use or increased demands on public facilities and
infrastructure.
(d) Mitigation. Zoning amendnientsRezoning applications which propose a greater
intensity of land use or increased demands on public services or infrastructure shall be required
to provide adequate mitigation of such impacts. Greater intensity of land use or increased
demands on public facilities and infrastructure shall include, but are not limited to:
transportation, water, sewer, schools, emergency services, police, parks and recreation, medical,
and library. Adequate mitigation may include providing dedications of land or cash -in -lieu for
the proportionate share of capital investment in public facilities and infrastructure related to the
potential incremental increase of demand created from the existing zoning classification to the
proposed zoning classification.
7.16.060 Planned Unit Development (PUD).
(a) Purpose. This section is intended to allow flexible development patterns that are not
specifically provided for in this Development Code. It is the purpose of this section:
(1) To promote and permit flexibility that will encourage innovative and imaginative
approaches in land development and renewal that will result in a more efficient, aesthetic,
desirable, and economic use of land while maintaining density and intensity of use consistent
with the applicable adopted plans, regulations, and policies of the Town;
(2) To promote development within the Town that can be conveniently, efficiently, and
economically served by existing local utilities and services or by their logical extension;
(3) To promote design flexibility including placement of buildings, use of open space,
pedestrian and vehicular circulation systems to and through the site, and off-street parking
areas in a manner that will best utilize potential on-site characteristics such as, topography,
geology, geography, size, and proximity;
(4) To provide for the preservation of historic or natural features where they are shown
to be in the public interest, including but not limited to such features as: drainage ways, flood
plains, existing topography or rock outcroppings, unique areas of vegetation, historic
landmarks, or structures;
(5) To provide for compatibility with the area surrounding the project site;
(6) To provide for usable and suitably located open space such as, but not limited to,
bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens,
outdoor seating areas, outdoor picnic areas, and similar open space;
(7) To minimize adverse environmental impacts of development;
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 63
(d) Review Criteria. The PZC and Council shall use the following review criteria as the
basis for recommendations and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the public way, place, structure, facility or utility;
(4) Compatibility with surrounding land uses; and
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods,
including by not limited to traffic, noise, odors, vibrations, and property values.
7.16.160 Appeal.
This section sets forth the procedures to appeal a decision of the Director or the PZC which is
made pursuant to this Development Code. Only a final decision of the Director or the PZC may
be appealed. Recommendations to a decision making authority are not subject to appeal.
(a) Appeal Procedures. An appeal may be submitted by an applicant for a development
approval or by a Town Council member. The appellant must provide a written request for appeal
of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the
date of the decision. The Town Council shall conduct a public hearing within forty-five (45)
days of receipt of a written request for appeal. Written notice of the public hearing date, time
and location shall be mailed to the appellant via first class U.S. mail at least ten (10) days prior to
the public hearing, unless the appellant agrees to a shorter timeframe and a different notification
method_
(b) Review Authority. The Town Council shall review appeals of decisions of the
Director or PZC after conducting a public hearing. The Town Council shall render the final
decision on an appeal.
(c) Review Criteria. The Town Council shall use the applicable review criteria to the
decision that is appealed. Town Council shall review decisions de novo.
(d) Town Council Decision Final. A decision of the Town Council is final. An aggrieved
person may appeal a decision of the Council to the district court or to another state or federal
court of competent jurisdiction.
(e) Decision. Council shall, in writing, confirm, modify, or reverse the decision within
thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Council
that results in action modifying or reversing the decision of a Town body or officer shall describe
the specific reasons for the modification or reversal. Action of the Council shall become final
immediately. Failure of the Council to act within the forty (40) additional days shall be deemed
action confirming the decision unless the applicant consents to an additional time extension.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 89
Table 7.20-7 Dimensions for the Neighborhood Commercial District
..
N
,-.
U
iz
o
o
^
Y
��
iC
o
Gq
U -a
Cd
M
o
C
M
V
°'
Q
U
40
rn
rn
rn
x
60
[3]
40
50 [4]
20
5 min, 15 max
0 [1]
20 [2]
38
fi�0.5
du/acre
[1] NC abutting a residential district shall match the side yard setback
standards of that district.
[2] When abutting a public street, alley, or public right-of-way. The
rear setback for NC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
[4] May be increased to 60% if employee housing mitigation is
provided in accordance with
§7.20.100.
(1) Additional Water Rights Dedication. The dedication of additional water rights
shall be required as a condition to approval of development which exceeds seven and one-
half (7.5) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water
right allocation for the lot. The Town may accept cash -in -lieu of dedication in accordance
with a water rights dedication impact fee schedule adopted by ordinance if the Town has
adequate availability of surplus water rights as determined by the Town Council in its sole
discretion.
(b) Mixed -Use Commercial (MC). The MC district is established to group and link
places used for working, shopping, educating, and recreating with residential uses thereby
creating a compact community form. This district allows commercial, office, civic, townhouse,
and apartment uses, and along with Neighborhood Commercial is the preferred district and
development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve
traffic congestion, and provide an urbanized, pedestrian environment. MC implements the
mixed-use land use classification of the Avon Future Land Use Plan and should be located
adjacent to the Town Center as a transitional district.
Table 7.20-8 Dimensions for the Mixed -Use Commercial District
,-.
U
iz
r.
o
J4
,-
a
Cd
M
ct
U
vs
[3]
40
50 [4]
20 10
0 [ 1 ]
10 [2]
60
[ 1 ] MC abutting a residential district shall match the side setback of that district.
[2] When abutting a public street, alley, or public right-of-way. The rear setback for MC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
[4] May be increased to 70% if employee housing mitigation is provided in accordance with
§7.20.100.
(1) Additional Water Rights Dedication. The dedication of additional water rights
shall be required as a condition to approval of development which exceeds twenty (20)
dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 95
(vi) Parking structures shall be oriented to provide pedestrian access to adjacent
public walkways, public buildings, and public plazas; however, to avoid
pedestrian/vehicle conflicts, placing major access points along the area's primary
street network shall be avoided where an alternate access point is possible.
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 to 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.
(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.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 169
(iii) Any slope exposed or created in 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 man-made slopes of twenty percent (20%) or greater, 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.
(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 section 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 section shall
apply to all Special Flood Hazard Areas (SFHA)
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 179
within the jurisdiction of Avon 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
Rate N4ap (FIRM)tEIS1 for Eagle County, Colorado and incorporated areas dated
December 4, 2007, by the Feder-a! Em er-geney Management ge . -with accompanying
Flood Insurance Rate Maps (FIRM) and any revisions thereto serves as the basis for
establishing the ASF14SFHA 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
section 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;
(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 section and other applicable regulations.
(5) Liability. The degree of flood protection intended to be provided by this
section 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 section does not imply that the areas
outside the ASFHSFHA or land uses permitted outside the ASF14SFHA 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 section create a liability on the part of,
or a cause of action against the Town of Avon or any officer or employee of the Town for
any flood damages that may result from reliance on this section or any administrative
decision.
(6) Conflicting Regulations. This section is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. Where any provision of
this section conflicts or overlaps with another provision of this Development Code
including §7.28.100(b), Streams, Rivers, Waterbodies, and Wetlands; any state or federal
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 180
law; or any easement, covenant, or deed restriction then the more restrictive provision
shall apply.
(7) General Standards. In all areas of 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;
(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;
(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 ASFHSFHA.
(v) Use Regulations. Uses shall be regulated in the ASFHSFHA and subareas
of the ASF14SFHA pursuant to this subsection.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 181
(A) Prohibited Uses in Floodway. 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,
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
Re _gulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010.
(10) Any use prohibited pursuant to §7.28.100(b)(4), Riparian Buffers.
(B) Allowed Uses in Floodway. 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:
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 182
(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.
(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,
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 §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 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:
(I) 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.
(II) 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
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 183
residential structure shall be not less than one foot above the maximum
base flood elevation. The lowest adjacent grade surrounding the structure
shall be filled to at least the base flood elevation, 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:
(I) 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 lawns, gardens, parking
areas, and play areas.
(IV) Uses accessory to open space or uses for which a permit is
required under this section.
(V) Railroads, streets, roads, bridges, utility lines and facilities, and
structures for irrigation, drainage, or flood control.
(3) Nonresidential Standards. Nonresidential structures or uses shall
comply with the following:
(I) Any nonresidential structure shall either have the lowest floor,
including the basement, not less than one (D 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 non-residential
structure is intended to be made watertight below one 1) foot above the
BFE;
(II) A registered professional engineer or architect in the State of
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 184
Colorado shall develop and/or review structural design, specifications, and
plans for 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 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:
(I) The recreational vehicle is located on the site for fewer than 180
consecutive days.
(II) 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 ASF14SFHA.
(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 Stated of Colorado, which includes:
(1) The site location;
(2) A legal description of parcel;
(3) Base flood limits and water surface elevations;
(4) Floodway limits;
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 185
(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 En _ i
(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:
(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
attache such permit conditions as deemed necessary in furthering the purpose
of the ASF1ISFHA.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 188
(2) Deny the application if the proposed development does not comply
with the regulations of the ASF14SFRA. 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 ASF14SFHA 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 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 ASF1ISFHA 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 ASFHSFHA 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
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 189
CHAPTER 7.50
Historic and/or Cultural Preservation Designated
7.50.010 Chapter Purpose
This section sets forth procedures for reviewing proposed Historic and/or Cultural
Landmark Designations in the Town.
(a) Review Procedures. After receiving_ approval from the property owner(s), the Historic
Preservation Committee shall recommend Historic and/or Cultural Landmarks to the Town
Council. A public hearingis with Town Council. The recommendation shall identify
the criteria forming the basis of the recommendation, and shall include all pertinent information
related to the site or building supporting the designation. The Town Council will approve or
disapprove Historic and/or Cultural Landmark designation after public hearing, at which the
owner of the site or structure and all interested persons shall have an oDDortunity to be heard. A
majority decision of the Town Council is required for nomination.
(b) Review Criteria. A site or structure may be eligible for Historic and/or Cultural
Landmark designation if it has been in existence for at least 50 years or meets any of the
following criteria:
(1) Historic significance:
(i) Has character or is a point of interest that reflects the heritage and political,
economic and/or social history or cultural development of the Town, the state or the
nation; and,
(ii) Is associated with historical persons or _rgroups or represents important events in
national, state or local history; and,
(iii) Is associated with an important individual or group who contributed in
significant ways to the political, social and/or cultural life of the community.
(iv) Has prehistoric interest or information.
(2) Architectural significance:
(i) Characterizes a style associated with a particular era; and,
(ii) Has a strong or unique relationship to other areas potentially eligible for
preservation; and,
(iii) Is architecturally unique or innovative; and,
(iv) Has visual symbolic meaning or appeal for the community or, due to its unique
location or singular characteristics, represents established and familiar visual features of
the neighborhood or community.
(c) Incentives. The benefits of Historic Landmark designation may include the following_
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 267
(1) Partial waiver of building permit fees;
(2) Local property tax credits;
(3) Preservation, maintenance or relocation assistance, and other incentives as deemed
necessary by the Town Council; and
(4) Other appropriate incentives, also as determined by the Town Council.
(d) Review of plans for sites and structures having designation. Any application for
any permit which includes the exterior alteration, relocation or removal of a site or structure
designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning
Commission for recommendation of approval or disapproval to the Town Council on the basis of
the following criteria. The Town Council shall approve or disapprove the application after
public hearing at which the landowner and interested persons have an opportunity to be heard.
(1) Criteria for alteration of a site or structure:
(i) Whether the architectural or historical character will itself be materially altered
so as to negativelypact the Historical Landmark; and,
(ii) Whether the architectural style and arrangement and the texture of the exterior
surface materials of the existing structure and the proposed alteration appropriately relate
to each other and to other structures in the vicinity; and,
(iii) Whether the alteration will negatively change or destroy the exterior
architectural features and details of the structure; and,
(iv) The effect of the proposed alteration on the protection, enhancement,
perpetuation and use of the Historic Landmark.
(2) Criteria for relocation of a structure:
(i) Significance of the original site; and,
(ii) Whether the structure can be rehabilitated or used on its original site consistent
with the reasonable and beneficial use of the property; and,
(iii) Whether the proposed site is compatible with or detracts from the importance of
the Historic Landmark; and,
(iv) Whether the structure can be moved without causing significant damage to its
physical integrity.
(v) Whether the relocation of the structure is necessary to prevent undue hardship
on the property owner.
(3) Criteria for removal of a structure:
(i) Whether the structure presents an imminent hazard that cannot otherwise be
properly mitigated; and,
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 268
(ii) Whether the structure can reasonably be rehabilitated and maintained in its
present location and the significance of the original site; and,
(iii) Whether relocation of the structure is reasonably possible or practical; and,
(iv) Whether the structure can be rehabilitated or used on its original site consistent
with the reasonable and beneficial use of the property,
(v) Whether the removal of the structure is necessary to prevent undue hardship on
the property owner.
(e) Standards governing approval of development plans for sites and structures
having designation. Any approved development plan including the alteration, relocation or
removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the Town Council:
(1) The Historic and/or Cultural Landmark shall be continue to be used in a manner
consistent with its original purpose or a compatible purpose, so long as such use does not
violate any of the provisions of this Code; and,
(2) The historic character of the Historic and/or Cultural Landmark shall be maintained
by avoiding the removal or alteration of features important to such character; and,
(3) The use of original materials is encouraged. Distinctive and unique features,
finishes, materials and examples of craftsmanship should be retained and preserved. Repairs
and replacement of such features should match the original in color, shape, texture and
design. Replacements should be fully documented with pictorial or physical evidence and a
copy of such evidence filed with the Town; and,
(4) Where possible, additions and expansions shall be differentiated from the existing
structure so as to protect the Historic Landmark's historic integrity. Additions and
expansions shall also be undertaken in such a manner that their removal in the future would
not destroy the form or integrity of the original structure.
(f) Removal of Historic Landmark designation. The Town Council, after public hearing
at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an
opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site
or structure, based upon one or more of the followingfindings:
ndings:
(1) The Historic and/or Cultural Landmark designation creates undue hardship for the
owner;
(2) The structure is an imminent hazard to the health and safety of the public despite
the owner's efforts to properly maintain it; and,
(3) The structure is structurally unsound despite the owner's efforts to properly
maintain it.
2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 269
CHAPTER 15.02
Definitions
15.02.010 Definitions.
The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all
codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and
take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any
word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by
this Title.
Building Official means the person designated as the Building Official by the Town Manager.
Person means any natural person, association, firm, limited liabili , company, partnership or
corporation trust or other legal entity, organization, asseeiation or- asseeiation of an), of the f regi„
Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town
Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this
Title, or the Town Prosecutor. (Ord. 10-02 §3)
CHAPTER 15.04
Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations.
(a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use
or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply
with any lawful order or directive, which act is contrary to or in violation of any provision of any code,
standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of
this Title.
(b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection,
installation, alteration, extension, repair, removal or demolition of any work which violates any code
adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted
in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under
the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact
person designated in any active permit issued by the Town or the property owner of record according to the
records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the
property. The notice of violation shall cite the specific section or sections of the code or codes which are
violated and shall direct the discontinuance of the illegal action or condition and the abatement of the
violation.
(c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly,
the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity
to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure,
equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. (Ord.
10-02 §3)
15-5
(Ord. 10-02 §§2, 3)
15.16.040 Section 109 — Means of Appeal.
Section 109, Means of Appeal, is repealed and reenacted as follows:
"109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building
Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code."
(Ord. 10-02 §§2, 3)
15.16.043 Table 403.3 — Minimum Ventilation Rates.
Table 403.3, Minimum Ventilation Rates, is hereby amended to add the following language:
"Note 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009
capital edition of the International Fire Code, Section 610.4.7."
(Ord. 10-02 §§2, 3)
15.16.046 Section 903.3 — Unvented gas log heaters.
Section 903.3, Unvented gas log heaters, is hereby amended to read as follows:
"Unvented gas fireplaces are prohibited."
(Ord. 10-02 §§2, 3)
15.16.050 Section 701— Combustion Air, General.
Section 701, Combustion Air, General, is amended by adding a new Section 701.6 as follows:
701.6 Type of construction. All buildings in the Town of Avon shall be considered to be of
unusually tight construction and will draw all combustion air from the outside of the building."
(Ord. 10-02 §§2, 3)
15.16.060 Section 902 — Masonry Fireplaces.
Section 902, Masonry Fireplaces, is amended by deleting Section 902.1 and by adding the following
language:
"902.2 — Definitions.
listed in the Colofado Department of Health's web page under Air- pollution control di
stove
15-29
n
wood,pulp,
specifically exclude . a! barbeetie devices used to eook food outdoors.
n
5. Gas. fireplaee means a fir-eplaee either- fnafmfaetur-ed as a finished unit or- a tMe Masoflf—f�,
fir-eplaee &4ed with an A.G.A. and/or- U.b. listed gas log kit, has ne dampef and vents dffough
approved vent. Exeeption: The Building Offieial may approve a gas fir-eplaee equipped Wi
iR4er-leeked damper- and gas valve,
EPA certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5rg ams per hour for noncatal3qic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's website. Only new technology devices may be used as solid -fuel burning
devices in the Town.
Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not
require ventingthrough hrough a masonry chimney, which has no damper and which does not permit the use
of solid fuel.
Gas (replace means a fireplace either manufactured as a finished unit or a true masonry fireplace
fitted with an A.G.A. and/or U.L. listedag s log kit, has no damper and vents through an approved
vent.
Exception: The Building Official may approve a eas fireplace eauiDDed with interlocked damper
and ,gas valve.
New technology device means a solid -fuel -burning device which is certified by the EPA and
listed in the Colorado Department of Public Health and Environment's web page under Air pollution
control division, residential burning information. A new technology device is one which has EPA
certification as an EPA certified wood stove.
Solid -fuel -burning device means any fireplace, stove, firebox or device intended and/or used for
the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
"902.4 Regulations below the elevation of seven thousand eight hundred twenty feet.
15-30
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•
n
wood,pulp,
specifically exclude . a! barbeetie devices used to eook food outdoors.
n
5. Gas. fireplaee means a fir-eplaee either- fnafmfaetur-ed as a finished unit or- a tMe Masoflf—f�,
fir-eplaee &4ed with an A.G.A. and/or- U.b. listed gas log kit, has ne dampef and vents dffough
approved vent. Exeeption: The Building Offieial may approve a gas fir-eplaee equipped Wi
iR4er-leeked damper- and gas valve,
EPA certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5rg ams per hour for noncatal3qic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's website. Only new technology devices may be used as solid -fuel burning
devices in the Town.
Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not
require ventingthrough hrough a masonry chimney, which has no damper and which does not permit the use
of solid fuel.
Gas (replace means a fireplace either manufactured as a finished unit or a true masonry fireplace
fitted with an A.G.A. and/or U.L. listedag s log kit, has no damper and vents through an approved
vent.
Exception: The Building Official may approve a eas fireplace eauiDDed with interlocked damper
and ,gas valve.
New technology device means a solid -fuel -burning device which is certified by the EPA and
listed in the Colorado Department of Public Health and Environment's web page under Air pollution
control division, residential burning information. A new technology device is one which has EPA
certification as an EPA certified wood stove.
Solid -fuel -burning device means any fireplace, stove, firebox or device intended and/or used for
the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
"902.4 Regulations below the elevation of seven thousand eight hundred twenty feet.
15-30
New technology device means a solid -fuel -burning device which is certified by the EPA and listed in
the Colorado Department of Public Health and Environment's web page under Air pollution control
division, residential burning information. A new technology device is one which has EPA certification
as an EPA certified wood stove.
Solid -fuel -burning device means any fireplace, stove, firebox or device intended and/or used for the
purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically
excludes noncommercial barbecue devices used to cook food outdoors. (Ord. 10-02 §§2, 3)
15.24.030 Regulations below elevation of seven thousand eight hundred twenty feet.
Below the elevation of seven thousand eight hundred twenty (7,820) feet, no new wood -burning or
solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the
ordinance codified in this Chapter becomes effective. No mobile or modular home shall be moved into
place in the Town and connected to utility service that has installed with such mobile or modular home a
solid -fuel burning device. Below such elevation, new technology devices, gas appliances and gas
fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA -approved
wood -burning fireplace in the lobby of any hotel or lodge; provided that a fee in the amount of three
thousand dollars ($3,000.00) is paid at the time of application for a building permit. (Ord. 10-02 §§2, 3)
15.24.035 Regulations above elevation of seven thousand eight hundred twenty feet.
Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device shall be
permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five
hundred dollars ($1,500.00) is paid at the time of application for permit; provided that no new wood -
burning or other fuel -burning fireplaces or other devices shall be permitted in dwelling units triplex and
greater in size after the ordinance codified in this chapter becomes effective. Above such elevation,
certified New Technology solid -fuel -burning devices, gas appliances and .ateplaces shall be permitted.
15.24.040 Gas appliances.
All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited
except for the purposes of repair and maintenance. (Ord. 10-02 §§2, 3)
15.24.050 Coal usage prohibited.
The burning of coal within the Town is prohibited. (Ord. 10-02 §§2, 3)
CHAPTER 15.26
International Property Maintenance Code
15.26.010 Adoption.
The Town adopts the 2009 International Property Maintenance Code and all appendix chapters. The
2009 International Property Maintenance Code is published by the International Code Council, Inc. (ICC),
4051 West Flossmoor Road, Inc., Country Club Hills, IL 60478. Copies of the 2009 International Property
Maintenance Code are on file in the office of Community Development and are available for inspection
during regular business hours. (Ord. 10-02 §3)
15-40