TC Ord. No. 1979-12i 6
ORDINANCE NO. 79-12
Series of 1979
AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF AVON;
PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING
DEFINITIONS AND REGULATIONS; OUTLINING THE FUNCTION OF THE
DESIGN REVIEW BOARD IN RELATION THERETO; REGULATING AND
REQUIRING OFF-STREET PARKING; PROVIDING FOR AMENDMENTS TO
THE ZONING CODE AND THE DISTRICT MAP; PROVIDING FOR NONCON-
FORMING USES AND STRUCTURES; WITH PROVISIONS FOR INTERPRE-
TATION, REVOCATION AND INVALIDATION OF PERMITS; PROVIDING
PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT ADDITIONAL
DETAILS IN RELATION THERETO.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
ARTICLE I. INTRODUCTION
Section 1.1 Short Title
This Ordinance shall be known and may be cited as
the "Zoning Code of the Town of Avon".
Section 1.2 Intent and Purposes
(a) The purpose is:
(1) To divide the Town into zones, or districts,
restricting and regulating therein the loca-
tion, erection, construction, reconstruction,
alteration and use of buildings, structures,
and land for trade, industry, residence and
other specified uses.
(2) To regulate the intensity of the use of
lot areas.
(3) To regulate and determine the area of open
spaces surrounding such buildings.
(4) To establish building lines and locations
of buildings designed for specified industrial,
business, residential and other uses within
such areas.
(5) To fix standards to which buildings or
structures shall conform.
(6) To fix standards for use of areas adjoining
such buildings or structures.
(7) To implement the goals of the adopted Master
Plan of the Town of Avon.
(b) As authorized by the Statutes of the State of
Colorado and by Article XX of the Colorado
Constitution, this Ordinance is intended to insure
the following benefits to the citizens:
(1) To promote the health, safety and welfare
of the community.
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(2) To lessen congestion on the roads and enhance
pedestrian and vehicular movement with the
least detriment to environmental quality.
(3) To secure the safety of the people against
fire hazards, avalanche, unstable slopes,
rock fall, mud slides and flood danger.
(4) To provide adequate light and open space and
avoid undue concentration of population.
(5) To provide clean air by protecting the clean
air drainage basin and reducing pollutants
into the air.
(6) To protect water sources by maintaining the
natural watershed, preventing accelerated
erosion, reducing runoff and consequent
sedimentation, eliminating pollutants intro-
duced directly into streams, and enhancing
public access to recreational water sources.
(7) To prevent overcrowding of land and avoid
transportation and service demands that
cannot be satisfied.
(8) To facilitate adequate provisions for water,
sewage, schools, parks, open space, medical
facilities, recreation and other public
requirements to achieve community self-
sufficiency.
(9) To preserve areas of historical and archae-
ological importance, and provide for adequate
open spaces and preservation of scenic views.
(10) To maintain the natural scenic beauty of the
Eagle River Valley to sustain the tourist
based economy.
'(11) To provide for phased development of govern-
ment services and facilities and to aid in
realizing the policies, objectives and goals
of the Town.
(12) To encourage innovations in residential
development and renewal so that the growing
demand for housing may be met by greater
variety in type and design of dwellings and
by the conservation of more efficient and
attractive use of open space.
(13) To encourage moderate and low income housing
to satisfy local needs and encourage a proper
balance between tourist and residential
housing.
(14) To advance a more effective use of land and
a higher quality of site planning reflecting
improvements in the technology of land
development.
(15) To provide a planned and orderly use of land,
protection of the environment, and preservation
of viability as a tourist area, all to conserve
the value of the investments of the people of
this community and encourage the most appro-
priate use of land throughout the municipality.
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(16) To assist in controlling the effect of any
proposed improvement on the outlook of any
adjacent or neighboring property.
ARTICLE II. ZONE DISTRICTS AND OFFICIAL MAP - GENERAL PROVISIONS
Section 2.1 Creation of Districts
(a) In order to carry out the purposes of this Ordinance,
the Town of Avon is hereby divided into the following
zone districts:
(1) RSF - Residential Single Family
(2) RD - Residential Duplex
(3) RMD - Residential Medium Density
(4) RHLD - Residential High and Low Density
(5) RHDC - Residential High Density and Commercial
(6) RMHP - Residential Mobile Home Park
(7) NC - Neighborhood Commercial
(8) SC - Shopping Center
(9) TC - Town Center
(10) IC - Industrial and Commercial
(11) GPEH - Government, Park, and Employee Housing
(12) SPG - Special, Public Facility, Government
(13) PRM - Park, Recreational, Municipal
(14) OLD - Open Space, Landscaping, and Drainage
(15) SPA - Specially Planned Area
(b) If a question arises as to whether a specific use
does or does not come within any of the above
expressed use categories, any person may apply to
the Design Review Board as established by Ordinance
of the Town of Avon for a determination as to
whether a specified use is an allowed or special
review use, which determination shall be made on
an analysis of the intention for the district and
the compatibility of the proposed use with allowed
and special review uses.
Section 2.2 Zoning District Map
(a) The location and boundaries of the Zoning Districts
herein established are set forth on the Zoning
District Map of Avon which accompanies this Zoning
Code and which Map, with all notations, references,
and other information shown thereon, is incorporated
herein and is as much a part of this Zoning Code
as if fully described and set forth herein.
(b) If, in accordance with the provisions of this
Zoning Code, changes are made in district boundaries
or other matters portrayed on the official Zoning
District Map, such changes shall be entered on
the Map.
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(c) Regardless of the existence of purported copies
of the official Zoning District Map which from
time to time may be made or published, the
official Map which shall be located in the office
of the Town Clerk shall be the final authority
as to the current Zoning status of land, buildings
and other structures in the Town.
Section 2.3 Interpretation of the Zoning District Map
When, due to the scale, lack of detail or illegibility
of the Zoning District map, there is any - uncertainty,
contradiction or conflict as to the intended location
of,any, Zoning .District boundary. ,as shown 'thereon, the
Zoning Administrator shall make-an ihtetpretation of
said Map upon request of any person,-and any person
aggrieved- by any. such interprett.tion;.may- TaPPeal the
same to-the'Design Review_Boa-rd.".The Zoning Administrator
and- Design' Review Board, in"-interpreting the Map or
deciding any appeal, shall apply the following standards:
(a) The Zoning District Boundary lines are intended to
follow lot lines, subdivision-lines, or incorporation
lines, or centerlines of rights-of-way.
(b)- Where zoning district boundary lines are so
indicated that they approximately follow lot lines,
subdivision lines, or incorporation lines, such .
lines shall be construed to be the boundary lines.
(c) In such cases where the zone district cannot be
determined from the Map, it shall be classified
as OLD Zone (open space, landscaping and drai-nage)-,
subject to rezoning according to the provisions
of this Code.
Section 2.4 Recordation of Waiver of District Regulations
(a) Whenever the zoning classification of an area of
land is changed by legislative action and such.
change, in whole or in part, is based upon a
representation by the applicant that he will waive
certain rights available to him under the proposed
district classification and that he will use the
area of land involved or erect structures thereon
in a manner more restrictive than otherwise would
be required, no building permits shall be issued
except in strict compliance with such waiver.
(b) Whenever permission to develop is based, in whole
or in part, upon a representation by an applicant
-that he will waive certain rights available to him
under an-existent district classification and that
he will use the area in a manner more restrained
than would otherwise be required, no building
permits shall be issued.except in strict compliance
with such waiver.
(c) Whenever an applicant for rezoning or development
permission shall have waived such rights or
consented to such restraints, and the waiver or
restraints do not appear on a plat or binding site
plan of record, then the Secretary-of the Design
Review Board shall make notation of the same in
the records of the Clerk and Recorder of Eagle
County.
(d) All such limitations shall be binding upon the
applicant and his successors and assigns,-all of
whom shall be deemed conclusively to have assented
to all of these conditions, waivers, or limitations
and to have waived objection to the same.
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Section 2.5 Land Under Water
Whenever there is proposed for development, a tract
of land partially under water at any time during the
year, there shall be excluded from the calculation in
determining allowable density those areas of the
development tract under water and up to the mean water
line, except where such a requirement would prevent
construction of a single family residence.
Section 2.6 Exemption for Certain Essential Services
(a) Certain essential services shall be allowed as
authorized by law, it being the intention of
this Section to exempt such services from the
application of this Zoning Code.
(b) For purposes of this Section, essential services
exempted from the application of this Zoning Code
shall include the normal maintenance by public
utilities, special districts or municipal depart-
ments of underground, surface or overhead elec
trical, television, steam, gas, fuel, water,
sewer, or storm drainage transmission, collection,
or distribution systems including towers, poles,
wires, mains, drains, sewers, pipe, conduits,
cables, fire alarms and police call boxes, traffic
signals, hydrants and similar equipment in
connection therewith.
(c) Not included in this exemption granted by this
Section is the construction or alteration by public
utilities, special districts, or municipal depart-
ments of any new above ground systems, such systems
requiring special review approval.
(d) Business offices and maintenance yards of such
public utilities, special districts or municipal
departments are not included in the exemption
granted by this Section.
Section 2.7 Authority to Require Additional Studies
Whenever the Design Review Board shall have review of
a development proposal by means of the provisions of
this Zoning Code, it shall be necessary to adequately
apprise itself of the consequence of a development,
including all-applicable items.'listed'if Section-1-.*2:~.
The applicant,-at-his cost, shall furnish information
and data needed for his project. All required statements
or analyses shall be executed'by professionals or other
person(s) qualified to provide the requested reports.
If the Board shall refuse to accept said person(s) as
qualified, which refusal shall not be arbitrary, the
applicant shall present alternate qualified person(s)
to the satisfaction of the Board. The format of the
proposed studies shall be acceptable if compatible with
any existent studies previously prepared for the Town
area. The results of any study or analysis shall not
dictate either approval or disapproval of the proposed
project.
Section 2.8 Applicability of Public Agencies
The provisions of this ordinance, to the extent permitted
by law, shall apply to all public bodies, districts and
agencies of the federal, state, county and municipal
governments.
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Section 2.9 Conceptual or Preliminary Approvals
Whenever within the requirements of this ordinance,
provision is made for a conceptual or preliminary
approval by the Design Review Board or Town Council
of a plan, project, rezoning activity, or other action,
such approval shall not be considered binding nor as
a final.approval, and any person,. firm or corporation
who expends time or funds in reliance thereon shall.do
so at his or its own risk. The Town shall have no
liability or responsibility for any detriment incurred
thereby nor shall its agencies be estopped'by reasons
thereof from withholding final approval.
ARTICLE III. ZONE DISTRICT DEFINITIONS AND REGULATIONS
Section 3.1 Definitions
For the purposes of this Zoning Code, certain words
and phrases-shall be defined as herein provided. When
not inconsistent with the text,,words used-in the
present tense include the future, words used-in the
singular number include the plural, words in the plural
include the singular, and the masculine includes the
feminine. The word "shall" is mandatory,--and the word
"may" is permissive.
(1) Accommodation Unit: Any room or group of rooms
without cooking facilities designed for or adapted
to occupancy by guests and accessible,from common
corridors, walks, or balconies without passing
through another accommodation unit or dwelling
unit.
(2) Accessory Building or Use:, ,A subordinate building
. or',,use, which is located on the same ".lot on which
`the=main building or use is situated and which.is
reasonably necessary and incidental to the"conduct
-of the primary use of such building"or main use.
(3) Alley: A public way permanently reserved as
secondary means of access to abutting property.
(4) Allowed Density: Number of units per given lot
designated on the Official Town Plats and amendments
thereto.
(5) Apartment: A room or suite of rooms in a multiple-
family structure, which is arranged, designed, used
or intended to be used as a housekeeping unit for
a single family.
(6) Automobile Repair: General repair, engine rebuilding,
or recona tion~`-ing of motor vehicles, collision
service, such as body, frame or fender,sttaightening
and repair, and/or overall painting of motor vehicles.
(7) Automobile Service Station: A place-where gasoline
stored only in underground tanks, kerosene, diesel
or motor oil, is sold directly to the public on the
premises, and including minor accessories and services
for automobiles, but not including automobile repairs
and rebuilding. When the dispensing,,sale or
offering,for sale of motor fuels"or oil is incidental
to the conduct of'a public garage, the premises shall
be classified as a.public garage.
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(8) Automobile Storage Yard: Any place where two or
more motor vehicles are stored in the open or any
land, building, or structure used for wrecking or
storing such motor vehicles or parts thereof, and
including farm vehicles or farm machinery and other
commercial or contractor's equipment and machinery.
(9) Balcony: That portion of a structure which 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.
(10) Basement: That area of a structure fifty (50) per
cent or more of which is below grade, subordinate
to the principal use of the building, and used for
parking, storage, and other secondary purposes.
Those areas beneath a basement shall be designated
sub-basement(s).
(11) Billboard: Any structure or portion thereof upon
which signs or advertisements are used on an out-
door display. This definition does not include
any bulletin boards used to display official court
or public office notices.
(12) Boarding House: A building other than a hotel or
restaurant, where meals are provided for compensation
for four or more persons, but not exceeding twelve
persons.
(13) Building: Any permanent structure built for the
shelter or enclosure of persons, animals, chattels,
or property of any kind, and not including adver-
tising sign boards or fences.
(14) Building Area Ratio (BAR): A numerical statement
of the size of a structure to its building site.
The total building area of building(s) or structure(s)
as it compares to the total area of the building
site.
(15) Building Height: The average of the vertical
distances between the finished grade of a structure
at the lowest point, the midpoint, and the highest
point of each exterior wall more than twenty feet
in length. Vertical distances at each point of
each wall shall be to the coping of a flat roof,
to the deck line of a mansard roof, or to the
highest ridge of a sloping roof.
(16) Building Line: For the purpose of this Ordinance,
the building line is the same as the front lot
setback line.
(17) Building Site: Area or lot or lots upon which a
building or structure may be erected.
(18) Carport: A structure attached or made a part of
the main structure, and which is open to the weather
on at least two sides for the purpose of sheltering
motor driven vehicles used by occupants of the main
structure.
(19) Court: An open unoccupied space, other than a yard,
on the same lot with a building and bounded on two
or more sides by such building.
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(20) District: A section or sections of the incor-
porated area of the Town for which the regulations
and provisions governing the use of building and
land are uniform for each class of use permitted
therein.
(21) Dwelling: A permanent building or portion thereof
which is used as the private residence or sleeping
place of one or more human beings, but not including
hotels, lodge units, clubs, hospitals, temporary
structures such as tents, railroad cars, trailers,
street cars, metal prefabricated sections, or
similar units.
(a) One-family Dwelling: A detached principal
building, other than a mobile home, designed
for and used as a dwelling exclusively by
one family as an independent housekeeping
unit.
(b) Two-family Dwelling (also known as a "Duplex"):
A detached principal building containing no
more than two (2) dwelling units sharing a
common wall no less than twenty (20) per cent
between both dwelling units or sharing a
common ceiling and floor, in whole or in part,
connecting two (2) dwelling units.
(c) Multiple-family Dwelling: A dwelling containing
three (3) or more dwelling units, not including
hotels and lodges, but including townhouses,
condominiums and apartments with accessory
use facilities limited to an office, laundry,
recreation facilities and off-street parking
used by the occupants.
(22) Dwelling Unit: One or more rooms, including cooking
facTilit F,--lrntended or designed for occupancy by
a family or guests independent of other families
or guests.
(23) Employee Housing: That housing used exclusively
for persons employed in the Avon area.
(24) Family: Any individual, or two (2) or more persons
related by blood or marriage or between whom there
is a legally recognized relationship, or a group
of not more than four (4) unrelated adults occupying
the same dwelling unit.
(25) Garage, Private: An accessory building for the
storage of motor-driven vehicles used by the
occupants of the main structure(s).
(26) Garage, Parking: A building, either public or
private, used only for parking of motor vehicles.
(27) Garage, Public: A building other than a private
garage, used for the care, repair, or maintenance
of motor-driven vehicles, or where such vehicles
are parked or stored for remuneration, hire, or
sale within the structure.
(28) Home Occupation: Any use customarily conducted
entirely within the dwelling and carried on by the
inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof;
and provided that no article is -sold or offered for
sale except such as may be produced on the premises
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by members of the immediate family. Clinics,
doctor's offices, hospitals, barber shops, beauty
parlors, dress shops, millinery shops, real estate
offices, tearooms, tourist homes, animal hospitals,
kennels, among others, shall not be deemed to be
home occupations.
(29) Hospital or Sanitarium: An institution open to
the public in which sick patients or injured
persons are given medical, psychiatric, or surgical
care; or for the care of contagious diseases of
incurable patients.
(30) Hotel, Motel, and Lodge: A building containing
three (3) or more accommodation units, intended
for temporary occupancy of guests. Accessory
use facilities may consist of an office, laundry
facilities used by the occupants, recreation
facilities, a lobby or lounge, kitchen and dining
facilities and similar accessory uses commonly
found in association with a commercial hotel or
lodge operation-and meeting°.requirements of the
particular zone district in which the building
is located.
(31) Kennel: Any lot or premises on which four (4) or
more dogs, at least four months of age, are kept.
(32) Laboratory: A place devoted to experimental
study such as testing and analyzing. Manufacturing
of product or products is not to be permitted
within this definition.
(33) Loading Space: 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.
(34) Lot: A parcel of real property as shown with a
separate and distinct number or letter on a plat
recorded with the Eagle County Clerk and Recorder,
or when not so platted in a recorded subdivision,
a parcel of real property abutting upon at least
one public street and held under separate ownership.
(a) Front Lot Line: The property line dividing
a lot from a street.
(b) Rear Lot Line: The property line opposite
the front lot line.
(c) Side Lot Line: Any lot lines other than
front or rear lot lines.
If a question arises as to what line shall be the
front, rear or side lot line, the Design Review
Board shall make the necessary determination.
(d) Lot Area: The total horizontal area within
the lot.lines'of a lot except that beneath
the mean water line of a body-of water.
(e) Lot Depth: The shortest horizontal distance
between the front and rear lot lines measured
in the mean direction of the side lot line.
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(f) Lot Width: The distance between the side
lot line s measured congruent with the front
lot setback line.
(35) Lot Setback: An open space other than a court,
not in an alley or street, unoccupied and unob-
structed from the ground upward, except as other-
wise provided in this Code.
(a) Front Lot Setback: An area extending the
full width of the lot or parcel, the depth
of which is measured by the least horizontal
distance between.the front Lot line and the
nearest wall of any building.
(b) Rear Lot Setback: An area extending the full
width of the lot or parcel, the depth of
which is measured by the least horizontal
distance between the rear lot line and the
nearest wall of any building.
(36) Motor Home: A self-propelled vehicle with accom-
modations for sleeping, eating, cooking, bathing,
or similar activities, including "campers" having
such facilities when mounted on a motive means.
(37) Nursing or Rest Home: A public or private home
for the care of children or the aged or infirm or
a place of rest for those suffering bodily dis-
orders, but not including facilities for the
treatment of sickness or injuries, or for surgical
care.
(38) Occupied: The word "occupied" includes arranged,
designed, built, altered, converted, rented or
leased, or intended to be occupied.
(39) Open-Use Recreation Site: Land devoted to public
or private use for recreation including but not
limited to such facilities as playgrounds and
playfields, golf, tennis and similar court instal-
lations, riding rings, racks-and stables and
similar facilities.
(40) Parking Area, Private: An open area for the parking
of privately owned automobiles and not for public
use.
(41) Parking Area, Public: An open area, other than
street, used for the temporary parking of more
than four automobiles and available for public use
whether free, for compensation or as an accommodation
for clients or customers.
(42) Parking Space: An area, enclosed in the main
(43) Person: The word "person" shall also include
association, firm, partnership, or corporation.
building, in an accessory building, or unenclosed,
sufficient in size to store one standard automobile,
which has adequate access to a public street or
alley and permitting satisfactory ingress and egress
of an automobile.
(44) Porch: A roofed
out from the wall
and commonly open
entrance to a building, projecting
or walls of the main structure
to the weather in part.
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'(45) Professional Office: For use by those such as
physicians, dentists, lawyers, architects, engineers,
accountants and others, who, through training, are
qualified to perform services of a professional
nature, and where a very limited storage or sale
of merchandise exists.
(46) Public Institution: A building occupied by a
nonprofit corporation or a nonprofit establishment
for public or semi-public use.
(47) Public Way: Any parcel of land unobstructed from
the ground upward, dedicated or appropriated to
the free passage of the general public.
(48) Recreation Club: A building devoted to public or
private use including such facilities as golf club
house, swimming pool club or club houses and may
include kitchen facilities, assembly halls, meeting
rooms, locker facilities, etc.
(49) Road or Street: A public way other than an alley,
which affords the principal means of access to
abutting property, including private streets.
(50) Service Yard: Any yard area utilized for storage
of material accessory to or used in conjunction with
the principal use of the lot or building, or used
for garbage or trash containers or the location of
mechanical equipment accessory to the principal
building or use.
(51) Signs and Displays, Indoor with Outdoor Exposure,
Outdoor Advertising, Etc.: Any card, cloth, paper,
metal, painted, glass, wood, plaster, stone, art
craft, or other sign of any kind or character
whatsoever, placed for outdoor advertising or
identification purposes on the ground or on any
tree, wall, bush, rock, post, fence, building,
structure, or thing whatsoever. The term "placed"
as used in the definition of "outdoor advertising
sign" and "outdoor advertising structure" shall
include erecting, constructing, posting, painting,
art cfafting, printing, tacking, taping, mailing,
glueing, sticking, carving, or other fastening,
affixing or making visible in any manner whatsoever.
(52) Story: That portion of a building included between
the surface of any floor and the surface of the
floor next above it, or if there be no floor above
it, then the space between the floor and the ceiling
next above it.
(53) Structure; Anything constructed or erected, which
requires location on the ground or attached to
something having a location on the ground, but not
including poles, lines, cables, or other existing
transmission or distribution facilities of public
utilities.
(54) Terrace, Open: A level and narrow plane, or plat-
form, which for purposes of this ordinance is
located adjacent to one or more faces of the main
structure, and which is constructed not more than
four feet in height above the average level of the
adjoining ground.
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(55) Tourist Court: A group of attached or detached
build ni gs containing individual sleeping or living
units, designed for or used temporarily by auto-
mobile tourists or transients, with garage attached
or parking space conveniently located to each unit,
including auto courts, motels, or motor lodges.
(56) Tourist Home: A dwelling in which overnight
accommodations are provided or offered for transient
guests.
(57) Townhouse: A single
structure containing
one or more vertical
(58) Trailer, Automobile:
designed to be drawn
used for human habit
or property.
family dwelling unit in a
three (3) or more units sharing
common or party walls.
A vehicle without motive power,
by a motor vehicle and to be
ation or for carrying persons
(59) Trailer Park/Mobile Home Park: Any premises
occupied or designed to accommodate more than one
family living in automobile house trailers or
mobile home units.
(60) Use: The purpose for which land or a building is
designated, arranged, or intended, or for which
it either is or may be occupied or maintained.
Section 3.2 Allowed and Special Review Uses
To facilitate public understanding of this Zoning Code
and for the better administration, convenience and use
thereof, the following schedule of allowed and special
review uses for the various Zone Districts is hereby
adopted and declared to be a part of this Code, and may
be amended in the same manner as any other part of this
Zoning,Code. Those uses designated as allowed are
permitted as a matter of right and without special
authorization in the districts where so listed. The
establishment of any allowed use is subject only to the
obtaining of a building permit and conformance to the
requirements of this Code and such other regulations and
laws as may be applicable. Special Review uses are those
uses which are allowed in those districts where so author-
ized by the district regulations only when and if a
special review use permit is granted therefor in accord-
ance with the procedures and requirements set forth in
Section 3.3. Any uses not listed as allowed or special
review uses within a Zone District are prohibited in
that District until or unless this Code is amended.
See attached Chart of District Intent Allowed and Special
Review Uses on Pages 13, 14, 15 and 16.
Section 3.3 Granting of Special Review Use
Whenever a use has been designated a Special Review Use,
a permit for such use may be issued only upon approval
of the Design Review Board and Town Council.
(a) All applications for approval of a Special Review
Use shall be processed pursuant to the provisions
of Section 3.4.
(b) In considering the suitability of the Special Review
Use, the Board shall determine:
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(1) Whether the proposed use otherwise complies
with all requirements imposed by the Zoning
Code.
(2) Whether the proposed use is consistent with
the objectives and purposes of this Zoning
Code and the applicable Zoning District and,
(3) Whether the proposed use is designed to be
compatible with surrounding land uses and
uses in the area.
(c) No approved Special Review Use may be modified,
structurally enlarged or expanded in ground area
unless such modification, enlargement or expansion
receives the prior approval of the Design Review
Board and the Town Council, which approval shall
be obtained by repetition of the granting procedures
herein provided.
Section 3.4 Rules of Procedure for Special Review Approval
(a) The concurring vote of a majority of the total
authorized number of members of the Design Review
Board shall be necessary for approval of a Special
Review Use.
(b) The Design Review Board shall hold a public hearing
on each request for a Special Review Use, with the
following special conditions required:
(1) written notice of such hearing shall be sent
by first class mail, or delivered personally,
at least fifteen (15) days prior to the hearing
date to owners of property within three hundred
(300) feet of the property in question. Owners
of residential multi-family condominium units
may be served by mailing (or serving) a copy
of any such notice to the manager of the
home-owners' association. If any such notice
is given to any federal, state, county or
municipal governments or school or service
district or other governmental or quasi-
governmental agency, or to residential multi-
family condominium unit owners through their
homeowners' association, it shall be sent by
first class mail or delivered personally at
least fifteen (15) days prior to the hearing
date.
(2) A fee of fifty dollars ($50.00) shall be
charged to cover the cost of processing. The
applicant shall also pay the actual costs
of providing the notification referred to
in (1) above.
(3) The Design Review Board, in approving a
Special Review Use, shall make a finding that
the conditions in this Section are satisfied
by the reasons set forth in the application
and that granting the Special Review Use will
make possible the reasonable use of the land,
building and structure.
(4) The Design Review Board, in approving a
Special Review Use, may prescribe appropriate
conditions and safeguards in conformity with
the zoning laws of the Town, violation of
which shall be deemed a violation of this
Section.
-17-
0 0
(5) If a Special Review Use is approved as
outlined above, the Town Council shall be
notified in writing by the Recording Secretary
of the Design Review Board and the final
approval shall be granted or denied by the
Town Council.
Section 3.5 Special Review Criteria
Whenever it shall be indicated on the intent and Use
Chart in Section 3.2 that an application is subject to
Special Review, the Zoning Administrator shall forward
the application for development permission to the Design
Review Board which shall approve or deny the development
after considering certain factors, including but not
limited to:
(a) The adequacy of access to the site with respect
to the width of the adjacent streets, their grades,
intersection safety, visibility and entrance into
the lot to be developed.
(b) Whether there exists safe access and sufficient
water pressure to provide fire protection.
(c) The existent water pressure in the area and the
ability of the water system to supply domestic
needs.
(d) Whether there will be provided sufficient off-
street parking as determined by (1) the intended
use of the property; (2) walking distance to the
downtown area and (3) the availability of public
transportation.
(e) The impact of the development considering the
potential for stream and air pollution, the
availability of public transportation and other
public or private services, and any other factors
affecting the overall development and the
surrounding areas, including but not limited to
building height, view plane, drainage and other
physical and aesthetical features.
Section 3.6 Area and Bulk Requirements
The following schedule of lot area, setback, building
height, open space, building area ratio, and off-street
parking requirements for the various zone districts is
hereby adopted and declared to be a part of this Code
and may be amended in the same manner as any other part
of this Zoning Code. These basic regulations are
further defined and supplemented by additional require-
ments and excerpts in subsequent Sections of this
Article.
Refer to the Chart of Area and Bulk Requirements on
Page 19.
Section 3.7 Specially Planned Areas
Whenever this Code or the Zoning District Map designates
areas in which development will be permitted only in
accordance with a plan of development for all or a
portion of the ownership designated, such areas shall
be referred to as Specially Planned Areas. It is the
intent of these provisions that all development shall
be pursuant to a fully approved site plan establishing
allowable densities, uses and required parking, and
other zoning matters therein addressed except that
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construction of one-family and two-family dwelling
units on previously approved lots is exempt from the
requirements of this Article. Construction of one-
family and two-family dwelling units on such lots shall
proceed under the Area and Bulk Requirements of
Section 3.6 of this Code.
(a) If a Specially Planned Area has been designated,
no development in the area shall be permitted until
a precise plan for all or a portion of the area
has been reviewed-by the Design Review Board and
approved by the Town Council.
The provisions of a precise plan may include matters
relating to:
(1) Allowed and special review uses, allowable
densities, required parking lot setback
requirements, maximum heights, minimum open
space and any other planning and zoning matters
which contribute to the development and use
of the area as a whole.
(2) The location and characteristics of streets,
other rights-of-way, and utilities.
(3) The dimensions and grading of parcels and the
dimensions and siting of structures.
(b) Nothing herein shall exempt any applicant from
satisfying the requirements of the Subdivision
Regulations of the Town of Avon, once such regulations
are adopted. No subdivision of land within the
Town shall occur until such regulations have been
adopted by the Town unless the Town Council shall
determine that an exemption from the requirements
of subdivision is appropriate.
(c) The plan shall be considered and approved pursuant
to the application, notice and hearing requirements
of Article VI herein, as an application'by a private
landowner for an amendment to the--zoning district
map. Any proposed amendment to the plan shall-be
reviewed and approved in a like manner. If it is
the finding of the Design Review Board and the Town
Council that a proposal within an area designated
Specially Planned Area is urgently needed by the
residents of the Town, then the notice and hearing
requirements of Article VI may be waived at the
discretion of the Design Review Board and Town
Council.
(d) After a precise plan has been adopted, it shall
constitute the development regulations applicable
to the Specially Planned Area, and any owner of
land in a Specially Planned Area for which a precise
plan has been adopted may obtain a building permit
for development consistent with the precise plan
upon compliance with the provisions of this Code.
Section 3.8 Supplementary Regulations
Regulations specified in other sections of this ordinance
shall be subject to the following interpretations and
exceptions:
(a) Accessory Buildings and Uses
Accessory buildings and uses shall be permitted in
every Zone District.
-20-
(1) An accessory building is defined as a
subordinate building, the use of which is
customarily incidental to that of the principal
building or to the principal use of the land
and which is located on the same lot or parcel
with the principal building or use. Accessory
buildings shall not be provided with kitchen
or bath facilities sufficient to render them
suitable for permanent residential occupancy.
Approval of the Design Review Board and a
building permit is required.
(2) An accessory use is one that is naturally and
normally incidental to, subordinate to, and
devoted exclusively to the principal use of
the premises, and does not change the basic
character thereof, as determined by its
principal use.
(b) Measuring Building Area for Buildings Area Ratio:
(1) In measuring building area for the purpose of
calculating building area ratio, there shall
be included that area within the surrounding
exterior walls (measured from their exterior
surface) of a building or portion thereof.
The building area of a building or portion
thereof shall include all exterior walkways,
terraces, courts, stairways or other constructed
areas under a horizontal projection of a roof
or floor above.
(2) Garages shall not be included in building area
ratio calculations to the extent they do not
exceed the following square footage limitations:
1 car garage: 400 sq ft maximum
2 car garage: 600 sq ft maximum
Garage square footage in excess of these square
footages shall be included in building area
ratio calculations.
(3) Decks which are above grade and are uncovered
and which extend out from the enclosed space
of the structure shall be included in building
area ratio calculations to the extent that
fifty percent (50%) of such decks shall be
calculated; decks which do not exceed height
restrictions established in this Code and which
are constructed on the roofs of floors below
shall not be included in building area ratio
calculations.
(4) Crawl spaces without windows suitable only for
storage and not in excess of 4 feet in height
shall not be included in building area ratio
calculations.
(c) Height Provisions: "Height" means the average of
the vertical distances between the finished grade
of a structure at the lowest point, the midpoint,
and the highest point of each exterior wall more
than twenty feet in length. Vertical distances at
each point of each wall shall be to the coping of
a flat roof, to the deck line of a mansard roof, or
to the highest ridge of a sloping roof. Antennas,
chimneys, flues, vents or similar structures shall
not extend over ten (10) feet above the specified
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maximum height limit.--Water towers and mechanical
equipment-may not -extend over five '(5)':-feet- above,
the specified maximum height-limit.
(d) Lot Setback Provisions: No building projections
all be permitted into required lot setback areas,
except that there shall be no restriction'on walks
and steps. Setback areas shall be open from the
ground upward.
(e) The Keeping of House Pets Allowed: In-all residential
distri is here shall b-e permitted the keeping of
dogs, cats, and other house pets provided that the
keeping of said animals be normally incidental-and
subordinate to the principal residential use of the
premises, shall not change the basic character
thereof, shall not constitute a-commercial activity,
and shall not violate any health, sanitary or other
regulation of the Town or State or otherwise consti-
tute-a public nuisance. The-keeping of horses is
allowed by'Special Review-in RSF.and.RO Zoning
Districts as specified in Section 3.2.
(f) Commercial Activity in Exclusively Residential-and
Mobile Home Park Districts Prohibited: In residen_.
tial.and mobile home park districts, business or
commercial activity is prohibited at all times
except that limited home-occupation offices may
be allowed under special review uses in-certain
residential areas.as specified in Section 3.2.
(g) Burning of Exterior Open Flame Flares or Fires'i_s
Prohibited, Namely In nicn ration Type F ri es.: In all
zoning districr is the burning of any ext re for open
flame flares or fires is prohibited, except for
outdoor charcoal burners and small outdoor picnic
fires in approved locations.- Larger bonfires,
brush-or other fires must have a written permit from
the Fire Chief.
(h) Signs': All signs shall be submitted to the Design
Re ew Board for approval-before a sign permit is
issued and shall be in accordance with the Sign
Code Ordinance when adopted.
(i) Transfer of Dwelling or Accommodation Unit Density:
Transfer of dwelling or accommodation units may be
allowed under the special review provisions of this
Code.
(j) Miscellaneous Provisions:
(1) All commercial service yards shall be--fenced
or screened so as not to be visible from the
street, and such fences or screening shall he
a minimum six (6) feet high from grade. All
fences and screening shall be of sound..constr-uc-
tion and shall have not more than ten.-(10)-
per cent open area and shall have the approval
of the Design Review Board.
(2) All permanent fuel storage tanks shall be
completely buried beneath the surface of the
ground.
(3) Any light used to illuminate parking areas or
.for any other purpose shall be so arranged as
to shield the light away from nearby residential
properties and vision of passing motorists.
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ARTICLE IV. DESIGN REVIEHT BOARD
Section 4.1 All Zoning Areas
This Code and the Zoning District Map designates what
development will be permitted in accordance with the
plan of development for all the ownership designated.
Section 4.2 Procedures
In all Zoning Districts, no development shall be permitted
until the Design Review Board approves the development
plans.
(a) The provisions of a precise plan may include matters
relating to:
(1) Allowed and special review uses, allowable
densities, required parking lot requirements,
maximum heights, maximum lot coverage and any
other planning and zoning matters which
contribute to the development and use of the
area as a whole.
(2) The location and characteristics of streets,
other rights-of-way, and utilities.
(3) The dimensions and grading of parcels and the
dimensions and siting of structures.
(4) Particular materials and other requirements
as determined by the Design Review Board.
(b) Nothing herein shall exempt any applicant from
satisfying the requirements of the Subdivision
Regulations of the Town of Avon, once such regu-
lations are adopted. No subdivision of land within
the Town shall occur until-'such regulations have
been adopted by the Town of Avon unless the Town
Council shall determine that an exemption from the
requirements of subdivision is appropriate.
(c) Any landowner seeking development permission shall,
prior to filing an application for a building permit,
file with the Design Review Board a prescribed
application for the approval of a precise plan for
all or a portion of his area.
(d) All Design Review Board Procedures, Rules and
Regulations I adopted by the Town of Avon shall be
followed.
ARTICLE V. OFF-STREET PARKING AND LOADING
Section 5.1 Off-Street Parking Required
(a) For all uses established or placed into operation
after the effective date of this ordinance, there
shall be provided in all Zone Districts within the
Town certain numbers of off-street parking spaces
as specified in the area and bulk requirements,
Section 3.6 of this Code.
(b) For land, structures, or uses actually used,
occupied or operated on the effective date of this
Ordinance, the number of existing off-street parking
spaces shall not be reduced below the minimum
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number of existing spaces required herein. If
such land area, structure or use is enlarged,
changed, or expanded, there shall be provided
additional off-street parking area. In the event
of such enlargement or expansion or change in
permitted use, there shall be provided for the
increment only, at least the number of off-street
parking spaces that would be required hereunder
if the increment were a separate land area,
structure or use established or placed into
operation after the effective date of this
ordinance.
Section 5.2 Characteristics of Off-Street Parking Spaces
(a) Each off-street parking space in any structure
containing more than three (3) spaces shall consist
of an open area measuring at least nine (9) feet
wide by eighteen (18) feet long and seven feet
six inches (7'6") high, and have a public and
unobstructed access to a street. Off-street
parking spaces must be surfaced with asphalt,
concrete or other materials approved by the Design
Review Board, and be maintained in a useable
condition at all times.
(b) Parking areas provided for single-family and duplex
residences may consist of garage area, or parking
strip or apron or a combination of garage area,
parking strip or apron.
(c) No off-street parking area shall be used for the
sale, repair, dismantling or servicing-of any
vehicles, equipment, materials or supplies, nor
shall any such activity adjacent to off-street
parking spaces obstruct required access to off-
street parking areas.
(d) Required off-street parking areas shall not be
used for storage of earth-moving machines, trailers,
automobile trailers, boats, or other equipment
but shall be reserved for the parking of motor
vehicles in use by the residents thereof.
(e) Required off-street parking spaces shall be graded
for proper drainage and shall be provided with
entrances and exits so located as to minimize
traffic congestion and hazards.
(f) Lighting facilities shall'be arranged so that lights
neither unreasonably disturb occupants of adjacent
residential properties nor interfere with driver
vision.
(g) Responsibility for complying with these requirements
rests with the owner of the property.
Section 5.3 Off-Street Loading Spaces
off-street loading spaces shall be required for all
commercial, industrial, manufacturing and warehouse
buildings. One space, consisting of an open area
measuring at least ten (10) feet wide and thirty-five
(35) feet long, shall be provided for each 5,000 square
feet of building, or fraction thereof.
Section 5.4 Review by Design Review Board
Whenever the number of spaces required is subject to
special review, such review shall be made by the Design
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Review Board, which Board in making such determination,
shall consider the projected traffic generation of the
proposed development, site characteristics, the pedestrian
access and walking distances to commercial areas, and
availability of public transportation.
ARTICLE VI. AMENDMENTS TO ZONING CODE AND DISTRICT MAP
Section 6.1 Authority
The Town Council may, from time to time, amend, supple-
ment or repeal the regulations and provisions of this
Code.
Section 6.2 Initiation of Procedures
Amendments to the text of the Zoning Code may be initiated
by the Town Council or the Design Review Board. Amend-
ments to the Zoning District Map may be initiated by the
Town Council, the Design Review Board, or by a real property
owner in the area to be included in the proposed amendment.
Section 6.3 Application by Town Council or Design Review Board
(a) Amendments to the Zoning Code or the Zoning District
Map proposed by the Design Review Board or the Town
Council may be initiated at any time.
(b) Whenever there is initiated under this Section a
change in the Zoning District Map, there shall be
filed with the Design Review Board, before the public
hearing described in paragraph (c), an accurate
survey map or other sufficient legal description of
the area included in the proposed change, the names
and addresses of owners of real property in the
area proposed for change, and any additional infor-
mation the Design Review Board requires.
(c) The Design Review Board shall hold a public hearing
on the proposed amendment provided that notice of
such hearing shall be given as follows:
(1) Notice shall be published once in a newspaper
of general circulation in the area at least
fifteen (15) days prior to the hearing date.
In lieu of actual publication, the notice shall
also be effective by posting the notice in at
least three public places within the Town in
addition to posting at the office of the Town
Clerk.
(2) A written notice of said hearing shall be sent
by first class mail at least fifteen (15) days
prior to the hearing date to property owners
within the area of the proposed change and
within three hundred (300) feet thereof. Owners
of residential multi-family condominium units
may be served by mailing a copy of such required
notice to the record address of the manager of
the homeowner's association.
(d) Following conclusion of such public hearing, a
report and recommendation on the proposed amendment
by the Design Review Board shall be forwarded to
the Town Council within 30 days.
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(e) The Town Council shall, after receiving the report
and recommendations from the Design Review Board,
hold a public hearing and act upon the proposed
amendment as prescribed in Section 6.6 of this
Ordinance.
Section 6.4 General Rezoning of the Town
Whenever the Zoning District Map is in any way to be
changed or amended incidental to or as part of a general
revision of the Zoning Ordinance, whether such revision
be made by repeal of the existing Zoning Ordinance, or
otherwise, the requirement of an accurate survey map or
other sufficient legal description of, and the notice
to and listing of names and addresses of owners of real
property in the area of the proposed change, shall be
waived. However, the proposed Zoning Map shall be avail-
able for public inspection in the Town office during all
business hours for fifteen (15) days prior to the public
hearing on such amendments.
Section 6.5 Application by Private Landowners
(a) Rezoning applications by private applicants shall
be heard by the Design Review Board.
(b) Applications to rezone shall include an accurate
survey map of the area included in the proposed
change, and, in addition, must include:
(1) The names and
real property
change;
(2) The names and
real property
feet of the a:
addresses of all owners of
in the area of the proposed
addresses of all owners of
within three hundred (300)
rea of the proposed change;
(3) The signature of the applicant, who shall be
an owner of real property in the area of the
proposed change;
(4) A fee of one hundred dollars ($100.00) and an
estimated publication cost to cover the proces-
sing of the application.
(c) The Design Review Board may require the applicant
to submit an acceptable analysis of the impact of
the proposed rezoning upon the air and water quality
of the community and prepare, also at the applicant's
expense, an economic impact or market feasibility
report.
(d) The Design Review Board shall hold a public hearing
on the proposed amendment provided that notice of
such hearing shall be given as follows:
(1) Notice shall be published once in a newspaper
of general circulation in the area at least
fifteen (15) days prior to the hearing date.
In lieu of actual publication, the notice shall
also be effective by posting the notice in at
least three public places within the Town in
addition to posting at the office of the Town
Clerk.
(2) A written notice of said hearing shall he sent
by first class mail at least fifteen (15) days
prior to the hearing date to property owners
within the area of proposed change and within
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three hundred (300) feet thereof. Owners of
residential multi-family condominium units
may be served by mailing a copy of any such
required notice to the record address of the
manager of their homeowners' association.
(e) Following such public hearing, a report and recom-
mendation on'-.the proposed amendment by the Design
Review Board shall be forwarded to the Town Council.
(f) The Town Council shall, after receiving the report
and recommendations from the Design Review Board,
hold a public hearing and act upon the proposed
amendment as prescribed in Section 6.6 of this
Ordinance.
Section 6.6 Town Council Public Hearing
(a) Before any change in the text of the Zoning Code
or the Zoning District Map, the Town Council shall
hold a public hearing following at least fifteen
(15) days notice of the hearing published in a
newspaper of general circulation in the area or
which has been posted in at least three public
places within the Town in addition to posting at
the office of the Town Clerk. Such hearing may be
identical to and satisfy the public hearing require-
ments for Ordinance adoption.
(b) Whenever the Council shall have set a public hearing
to review an application by a private landowner for
a change in the text of the Zoning Code or the Zoning
District Map, the applicant, and all parties inter-
ested therein, shall be given an opportunity to be
heard, to present and rebut evidence, and to procure
an adequate record and the Council, at the close of
the hearing or upon continuance of the matter to a
time certain, shall make findings adequate to apprise
the applicant of the reasons for approval or denial
and the specific grounds relied upon for such action.
Section 6.7 Temporary Suspension of Building Permits
(a) Whenever the Council or the Design Review Board has
properly initiated proceedings to amend the text
of the Zoning Code or the Zoning District Map
pursuant to the provisions of this Ordinance, and
the Design Review Board has, subsequent to the public
hearing, adopted a resolution recommending to the
Town Council approval of such amendment, no building
permits shall be issued by the Town Building Adminis-
trator which permits would be prohibited by the
proposed amendment for a period of one year following
the date of such Design Review Board resolution.
Provided, however, if the Town Council should, by
resolution, refuse to further consider such amendment,
or if an Ordinance adopting the proposed amendment,
or an amendment substantially similar to the proposed
amendment, has not been passed by the Town Council
pursuant to law within the one year time period,
all building permits applied for during such period
which otherwise conform to the existing zoning regu-
lations shall be issued provided the building permit
application meets all other regulations of the Town
of Avon in effect at the time.
(b) In the event the Design Review Board shall have
adopted a resolution recommending approval of a
change to the Zoning District Map, within thirty
(30) days of each resolution, notation to the
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Zoning District Map shall be made to show the
pending amendment, and failure to make such
notation shall suspend the effect of the resolution
until such is made. Provided, however, if the
required notation is made within the thirty (30)
day period, it shall have effect retroactively to
the date of the resolution.
ARTICLE VII NONCONFORMING USES AND STRUCTURES
Section 7.1 Intent
Within the Districts established by this Zoning Code,
or amendments thereto that may be adopted, there may
exist lots, structures, and uses of land and structures,
which were lawfully established before this Ordinance
was passed or amended, but which would be prohibited,
regulated or restricted under the terms of this Code
or future amendment. It is the intent of this Article
to permit these nonconformities to continue until they
are removed, abandoned, or more than 50% destroyed.
It is the further intent of the Article that nonconforming
structures and uses shall not be enlarged upon, expanded
or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same
District.
Section 7.2 Nonconforming Uses of Land
Where at the time of the passage of this Zoning Code,
or amendment thereof, lawful use of land exists which
would not be permitted by the regulations imposed by
this Code, the use may be continued so long as it remains
otherwise lawful, provided:
(a) No such nonconforming use shall be enlarged or
increased, nor extended to occupy greater area of
land than was occupied at the effective date of
adoption or amendment of this Code;
(b) No such nonconforming use shall be moved in whole
or in part to any portion of the lot or parcel
other than that occupied by such use at the
effective date of adoption or amendment of this
Code;
(c) Any such nonconforming use of land which ceases
for any reason for a period of one year, then any
subsequent use of such land shall conform to the
regulations specified by this Code for the district
in which such land is located;
(d) No additional structure not conforming to the
requirements of this Article shall be erected in
connection with such nonconforming use of land.
A nonconforming use shall not be changed to a use of a
lower or less restrictive classification, but such non-
conforming use may be changed to another use of the same
or higher classification.
Section 7.3 Nonconforming Structures
Where a lawful structure exists at the effective date of
adoption or amendment of this Zoning Code that could not
be built under the terms of this Code by reason of res-
trictions on area, lot coverage, height, location on the
lot, or other requirements concerning the structure,
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such structure may continue to exist so long as it
remains otherwise lawful, subject to the following
provisions:
(a) No such nonconforming structure may be enlarged or
altered in a way which increases its nonconformity,
but any structure or portion thereof may be altered
to decrease its nonconformity.
(b) Should 50% or more of such nonconforming structures
or nonconforming portion of a structure be destroyed
by any means and shall not have been repaired or
replaced within one (1) year from the date of loss,
it shall not be reconstructed except in.conformity
with the provisions of this Code.
(c) Should such structure be moved for any reason for
any distance whatever, it shall thereafter conform
to the regulations for the district in which it is
located after having been moved.
Section 7.4 Nonconforming Uses of Structures or of Structures
and Premises in Combination
If lawful use involving individual structures, or of
structures and premises in combination, exists at the
effective date of adoption or amendment of this Zoning
Code that would not be allowed in the district under the
terms of this Code, that use may be continued so long
as it remains otherwise lawful, subject to the following
provisions:
(a) No existing structure devoted to a use not
permitted by this Code in the District in which it
is located shall be enlarged, extended, constructed,
reconstructed; moved or structurally--altered except
in changing the use of the structure to a use
permitted in the district in which it is located;
(b) Any nonconforming use may not be extended throughout
any parts of a building unless such building were
manifestly arranged or designed for such use at the
time of adoption or amendment of this Code, but no
such use shall be extended to occupy any land outside
such building.
(c) If no alterations to the structure are made, any
nonconforming use of a structure, or structure and
premises, may be changed to another use of a higher
classification;
(d) Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by
a permitted use, shall thereafter conform to the
regulations for the district, and the nonconforming
use may not thereafter be resumed;
(e) When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or
abandoned for a period of one year, the structure,
or structure and premises in combination, shall not
thereafter be used except in conformity with the
regulations of the district in which it is located.
(f) Where nonconforming use status applies to a structure
and premises in combination, removal or destruction
of the structure shall eliminate the nonconforming
status of the land. Destrudtion for the purpose of
this subsection is defined as loss of 50% or more
or of substantial damage to the structure.
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Section 7.5 Lot Reduction; Prohibition Against Establishing
New Nonconforming Uses
No lot or parcel of land, nor any interest therein, shall
be transferred, conveyed, sold, subdivided o_r'acquired
either in whole'or in part, so as to create a new
nonconforming use, to avoid, circumvent or subvert any
provision of this Code, or so as to leave remaining any
lot or width or area below the requirements for a legal
building site as described in this Code; not shall any
lot or portion of a lot required for-a legal building
site under the provisions of this Code be'used as a
portion of a.lot "required as alsite for another structure.
No building permit shall be issued for any lot or parcel
of land which,has been transferred,, conveyed, sold,
subdivided or,acquired in violation of this paragraph.
Any transferee who acquires_a lot-or-,parcel of land
in violation of this paragraph without knowledge of such
violation, and any subsequent transferee shall have the
right to rescind and/or receive damages from any transferor
who violates the provisions of this paragraph.
Section 7.6 Priority of Use Classifications
Whenever in this Article reference is made to a higher
,(or more restrictive) classification and lower (or less
restrictive) classification of uses in providing that a
nonconforming use may be converted to a higher but not
lower classification, uses shall be considered higher
or lower according to the following sequence (highest to
lowest); open space, residential, public, office,
accommodations, commercial, industrial.
ARTICLE VIII INTERPRETATION, REVOCATION AND INVALIDITY OF
PERMITS; VIOLATIONS AND REMEDIES; LIABILITY OF
TOWN; AND SEVERABILITY
Section 8.1 Interpretation; Conflict with Other Laws
(a) In their interpretation and application, the
provisions of this Zoning Code shall be held to
be minimum requirements adopted for the promotion
of the public health, safety and welfare.
(b) Whenever the requirements of .the Zoning Code are
at variance with the requirements'of any other
lawfully adopted rules, regulations, ordinances
or other legislative actions by the Town Council,
the more restrictive, or that imposing the higher-
standard shall govern.
(c) whenever restrictions imposed by this Zoning Code
are either more or less restrictive than regulations
adopted by any State or Federal Agency, the-rules
or regulations which are more restrictive or which.
impose higher standards or requirements shall
govern.
Section 8.2 Revocation and Invalidation of Permits
(a) Any building permit authorized by this Zoning Code,
issued in reliance upon any materially false state-
ment An the application therefor, or in supporting
documents or oral statements, is absolutely Void
ab initio and shall be revoked.
(b) No permit issued pursuant to this Zoning Code shall
remain in force and effect if the use or structure
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authorized.therein shall become nonconforming.
Provided, however, if subsequent to and in
reliance upon the issuance of the permit, an
applicant-has so substantially changed his
position or incurred extensive obligations and
expenses that it would be highly inequitable and
unjust to destroy the rights acquired by issuance
of the,permit, then such.permit'shall not be
invalidated and the approved development shall be
allowed to proceed to completion if not otherwise
unlawful.
Section 8.3 Permit Requirement
It shall be unlawful to erect, construct, reconstruct,
alter, move or change the use of Any'build-ing or other,.
structure or improvement within the Town without obtaining
a building permit from the Town-Building Administrator,
and such permit shall not issue until the plans of and
for the proposed erecting, construction, reconstruction,
alteration, moving, or use fully conform to the-Zoning
regulations then in effect, and unless plans to be kept
as a permanent public record are submitted- to the Building
Administrator, and approved by the Design Review Board.
Section 8.4 Violations and Remedies
(a) The erection, construction, reconstruction, alteration,
moving, conversion or maintenance--of any building,
or structure and the use of any land, structure
or building which is continued, operated or maintained
contrary to any provisions of this Code is hereby
declared to be a violation'of this Code and
unlawful.
(b) Any person or corporation, whether as principal,
agent or employee, who violates any provision of
this Zoning Code shall be, for each offense,
punished by a fine of not exceeding three hundred'
($300.00),,'o'r,imprisonment for a,period of not more
than ninety'(90) days, or both such fine and
imprisonment. Each day any violation of this
Zoning Code-"shall-continue will constitute a
separate offense.
(c) The Town Attorney shall, immediately upon such
violation being called to his or her attention,
institute injunctive, abatement,-or other appropriate
action to prevent, enjoin, abate or'remove such,
violation. Such right of action shall also accrue
to any property owner who may be especially damaged
by any violation of this Zoning Code.
(d) The imposition of any penalty hereunder shall not
preclude the Town or affected property owner,from
instituting any appropriate-action or preceeding
to require compliance with the provisions'of this
Zoning Code.
(e) Any remedies provided for herein shall be cumulative
and not exclusive and shall~be in addition to any
other remedies provided by law..
Section 8.5 Liability of Town
This Zoning Code shall not be construed to hold the Town
or its authorized agents responsible for any damage to
property or injury to persons by reason of inspection'
authorized herein, or failure to inspect, or-by reason
of issuance of a building permit as,herein provided.
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Section 8.6 Severability
If any provision of this Zoning Code or the application
thereof to any person or circumstance is held invalid
by judgment or decree of any court of competent juris-
diction, such invalidity shall not affect other provisions
or applications of the Code which can be given effect
without such invalid provisions or applications, and
to this end the provisions or applications of this Code
are declared to be severable.
Section 8.7 Emergency Clause
The provisions of this Ordinance are necessary for the
immediately preservation of the public health and safety
of the citizens of Avon, Colorado, for the following
reasons: (1) to secure the safety of persons and
property against fire hazards, unstable slopes, flood
danger, too rapid and uncontrolled growth; (2) to
provide for a phased development of government services
and facilities which will provide the greatest protections
to the citizens of the Town of Avon by giving a proper
balance between such services-and facilities.
INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, THIS DAY OF , 1979, AND
A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE MEETING
OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE' ,Zo?. •ft,o~
DAY OF , 1979, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF
THE TOWN.
Mayor Pro-Tem
ATTEST:
(MLe 1---,
Clerk
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED
,if
v DAY OF , 1979.
THIS
ATTEST:
Town Clerk-_
POSTED AS PER JUNE 5, 1979 MINUTES ON JULY 3, 1979
,
Ma
o
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the 22nd
day of May, 1979 at the Town Hall for the purpose of considering
the adoption of an ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN
OF AVON; PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PRO-
VIDING DEFINITIONS AND REGULATIONS; OUTLINING THE FUNCTION OF THE
DESIGN REVIEW BOARD IN RELATION THERETO; REGULATING AND REQUIR-
ING OFF-STREET PARKING; PROVIDING FOR AMENDMENTS TO THE ZONING
CODE AND THE DISTRICT MAP; PROVIDING FOR NONCONFORMING USES AND
STRUCTURES; WITH PROVISIONS FOR INTERPRETATION, REVOCATION AND
INVALIDITY OF PERMITS; PROVIDING PENALTIES FOR VIOLATION THEREOF;
AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected during
regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town
Council of the Town of Avon.
Dated this 8th day of May, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
'TOWN CLERK
Posted at the following public places within the Town of Avon on
May 16, at:
The Northeast side of the Benchmark Shopping Center (Avon Post Office)
The main entrance Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, second floor, Benchmark Shopping Center
r SEC. 35 SEC. 36
WILDRIDDE RILDWODD
SPA SPA OFFICIAL ZONE DISTRICT MAP
M1
TOWN OF AVON
EAGLE COUNTY11COLORADO
W ' G~ JUNE 20, 1979
t nz I~j11
I ZONE DISTRICTS AND Of % 141 ',;I 1 GENERAL PROVISIO TS AND OFFICIAL MAP
IIl1:,, GENERALIZED CHART OF DISTRICT INTENT AND ALLOWED USES L PROVISIONS
inane No. 79-12)
( j ` ( see Ordinance 79-12 for Details) (from Ordinance No. T
J I II I' CREATION OF DISTRICTS lei m Older to carp we he rrpme. of this omiwi wrwwe of this Ordiwwe, r\. iwr of 4 t.
neerby divided late Anne district..
ZONE INTENTION ALLOWED USES DENSITY ZONE INTENTION ALLOWED USES DENSITY (b) wa If a question n:an as to whether asKific we DISTRI DISTRICT vi his eat of th seem eryt...ad we aa[a. w) I `aerber eir we awe or sloe. wt core I
Ay.West leba nnL:l a by .lama or was I. - whichdiwrtani.ation hall be adds w . aalpi. of the
a:-C ad ma twwtmaity of the preferred me with a own.
RSFI ~DEw14 SINGLE smear IMe ra.Il, Duellist: a..aarr 2 wit.fstce . lass. aess y[Loo,") for loan hut,died and r.. TC. Man Laren of _ the Town to filler sail vtnraa lad .w[4- ID units/acre it- umtneN a.elllog. Pcgonrtl) in[eMed fora [ell loges, aervtce a
ac Kvttuwnf5 in Vlogle focal area r la IIIY kw, res[aunue, ewe- SDgIX DISTRICT W aeParae Ian, rltb large variety of roller off4ea, and audios apkulltting Id The Inc e[iw and EouWriea of the Lopiy D:ABitl vv avtY w e sell, C-suref.1 alai II[[le' Itular [ralllt romp[ u[ fat[F ..the insist District Ry of Arcs lick an
personal service rates- to' emumerlka. q[Ilar beefy sea which Ms. with all notations: reference.. M she t Y uvh.enn, crawwnatfw lodges , awepenu, caMwl- on ie i [wrrtae hen:n W i as each a sure of this i A 'z RD: ' Two gw11Y Lhlelgs: arrm nap 1 rtits,an as
'w f'N pa[N facilities; tourist nine, tom"t attw.dation ae.ais.a and at forth kertins 1 A[nevp`wtllr m. Insg Wnatst and u. vwda[InaeGrresidential rresidential amts. Public crao.pemtlon a h nests in a ate- plantains. Of this boi lames principal building unit. .am wMwmLc falutie. !s) If. is ndawa with the
ennumlig nu .urc !Hv ill. ..of act- "o ei.[tit[ boundaries or that aam vwuget an !n III 11 : eaewng mm~ tlm uua apltlauY for Nap, such Change hall be enured a. the Rep. 1
m.rY ,as abnex Ida n[t.wnele. 36 ac«a ([I Rea.ale.. of the existence prwrced sepi a. of I Ile I t~~ D0.6f9Y AND tp.E.EUL v.reb..r. Lewatwle. Net- eM.,fellable District my which fro ties m tOlt ir r) he wage or we
r 99IXniDL ImIIN pgyrc APIs; NuLLt-fapy ar11IN.. 1.5 uknls[.e ~I Light fu4at[lal and wnu- trlgl substation, tight am' whit. anill be IaeN in the office of the sew Clerk RMD' RES pNaeilY bur long UWwipfrv. roa, g use.. Alrule torturing plants, wholesale oriti a u the current W.i.g Status of land. building lactat
OLD I( / ~n oCc p In a[uchN, awrnests, accessory building outlets for proper opera- vale. outlet., ahourows, to- he Iwo. v wll-m.IIY d-,,,,. line of to Industrial du.trlel. nea[rwtmn and dew M1te let. 5¢a, rerebuafng me wholesale offices, acnemp rer ~
[.rage facilities building IIRiL6fAiI® OF THE IDRG RESTRICT W
RHLDI ~N~'a• tag and long pupla. NuI II-gentlg drlllnw. A wit.,.tre Ed, TRACT A 1 Argos for varying and mng rowmeea. nam®to NmvrNr, pr, Ac Se-nog, mictwl muaine m an¢e/acre are to roe .role. tamp lack of hill or ills [rn xtrPan[Iea I. ppuraren, accessory p building GPEH' EWNII MNR Arav rx[eawSl iacilieln I . know Nap. there I. an, -Certainly, twhallaiw at wnllir
[ached, or.ulcl-as", priarllY for goverment, in for Avon aw,wl or.tiw of any Ionic, District bargainer as ohm base I deviling. rev .rwiau .unicfw1. educational. accessory %wa, rote ae.u sate ado iea tatie of aid q ws bullets pre a pre n / mats at In[enLAee dei- park and s. call oul - an) wnm gr:<ree by av) each ineerpntaie any ary
/ [lee t¢tlf[le Public and) Heine Heard. Re gonis8 Adainietaa aad Design kmi - M Ua1~~ II-,
25 mib/ace or prluee boosted ..It. the NO or deciding sty appeei . Ball Apply the htlwt J RHDC N°..I, CaMminlum., AParkaa, betels, plan core¢c:il for Avon area wpl%ee. W Cf ad rose lodges. wins, retail amps, or 2$viuhrn Is1 Me Radial District bueLp lien are intended to c .
Ivt I b[ vaping aM hurt to- dmhltiwa• ced Neow."e:o" C NOCAL, 0.90 M1.r. AND Access aye Including reads. Net Amllablr aivi.tw If..., nr is[arwnttim If... nr anus lie. nal.rilrd orruwIerc Ina Lt. restaurant., erode ..it. JPG' Q0wE E T Area. wttn bicycle r 11\1` sal establish- ffipv. Office., weer.-C, mile- and railroad, d, (bl there Lwint District boundary lima are ate Confirm
C °ns serial and gove designations for --,a pedestrian \ _or. p[vvltlla6 retail and frg, au o.oplle u[VI[e b[lav public aoa tnarwen[al usage and rte[ neeaevL t onset ately lollw lot lima, the ivied. Ifni. or ixap personal service ..[leis actlt[le plants, LrmPeca[lon .ball he [m oM to be the handed., ap If...
I facilities IJ 1. such Caere wham the Saw Diaries cannot he W 1 RMLfn rtYfRty h NY "A's Atmnbfle ballet, while Me 10 wit./art gall be Classified as 0L Rene (e
~t~ Nav wWtilY for vary weirs, ILlted ateeeN[Y butldi,, suss, ncat.ty., and All buildings for ono of Me Code. logic m erawa. I. PRM m• wvetaen[al but AYPliuele to -..is, according to be peoruhm..f [Ole ceM. he eimog ..it. .IaIV4 N.a deaf,- at.. wrhv and recrea[im
14 eared for public wets area., file .m Ater ala- I
NC RYaBFxttO [DRI[RdaL ierall tore, peraml Smgt. F ..Co. wrhv ttim parks dale. , am-q public tv provide areas for eu p.. Iaance., office + IF tai.. r trertinn p,rking intl. wna -ad". ouse stag facilities Suuinea. r r .I., heliport for offices and
15 Ana aMma for to age. t net and did- rhw) sae Only: Planned 1 principal benefit he crlmllon Yet..., file bicycle falls, pedestrian J [esldenn of the c s[aefw, Iovervaennl wlRgye
- mu ladtt[1xe °ttY roof
` 1 [f SC: MTII9 fear. Ataa Rwrtaw[ etorev. Bcor.". 2 ",./act. 'I.. OLD: sect. Arm. to ~;.mvrorxahn. Irm,a 1 J AI Applicable for / lar 11 d1 al ubluAmn uirorq hardware. [due ealae W to A public teal.. and eatailvg. "m-
1 R rate I aY"I ate[ to- C. arce, eawa[wn• tame aiSl ma I. wroa[ilr as troy Criss and for 4 1 - arzutrtor large v[orc supply. related
ils- 3 permlon edestrian trails retail data or retail R a prS f bier ltm, IlaAen[s: nsaller er hail open swu Undeveloped 17 pedestrian trails p \ M eams. Sow Lord- 17 but Including retail, stores; offices: personal u \ pnrm] r.ma, .1re .nets such a.. Aes, sntrol sY dradeer 5 \r
tmI aR wi he \ I l nmta sN rotted C shop, rem- romp. nmcea.ep wa desirable I r . aa.a or tgmm- 1.u bmL, tap Walling. mrl- J/ wn
Olga rye . an ling will Iv alley. austral center. EREyer nAA1m AREA As vet b [ \ \ r maLrrant , rnb.a Iwnge, SPAT to alto, eeamfaent r ado p m plan t0 W¢/atre
I 1f i` f ebter. .wruenn ago wd.- / .Lis wits ad est. to an approved abv iesvg .lino- \
ale densities . n Dena. \ 4j`\ \ l i I I9 e! reulrte parking and
/ k[ avolra as [pa[en \ ,p 4 6 i or all or ay r \ ma of . parcel o -
- • designated \ \
i
1 r ~ r ~4 \ 4' 20 p TRAC 9
- x S -orii~'i-=--: tlrr r
ff N 1 J
69 37 I I 21 I ~.a - I a. .a i
am.
36 L
RSF
35 - iil~ Bax.x I ~l OLD 56;,
RS J / d ~ i , 22 39 - - - -q_ 70 "-N f t
1(~// r .r,i ' 42 a RMD
25' 24 e 4a ' /
26 ' - lxreasrarc )o 27 qg TRACT
TRACT O\ .RMD °
11 -•5r 8 9 _ _~4f? RMD I W ~ m
• n _ _ 7 ` ~`l i5 OLD; g ( p
RHLD 3 12 13 r~ 19 a 15 D(Ai p w r ` r G` 4 'm q~ i I 16~ TRACT 2
i ~ -
I 2 _ ° C( \ 7 T IT v_ 4 3 i , z \ a a I
8LL]F 1; NI 2 a -0' a RHLD; 19 RHDC s e VC L ~
1 66' 93
1 c TRACT P RMHP 34
r 7 4a:,k ;k 37 RR r) GPEH \ LAKE .42 a
I r 51 1 W ~ TRACT M SPG PRM 74
40 41 a
a•ayl'aa _ r - r.,.-?-Y` ~RHDCi TRACT G \ q 73 a .gtaed _ Ej6 E~i 0.cT L
8 TR - Oil `C0. H \ 9 a RHDC \ .J
f -?,rig 1 w Z r 47.11 -
f n adz 9 OLD
w«
TtHDC 9 I PSI - ` I / u I 7 ` RHL¢ _ ( f TRACT D t a 31 ze
3 \ i \ T i' I 9LCCR 3 - IT m 1 48 Grp h\ 30
TRACT K P ~`y •j PRM 4 5 RH C 6 `SOLD` _ t PG TRACT N
26 S ® 51 TC zr
nRD de TRACT 1 TRACT 0 ;~L / DLD N ° 64 S 5q F •35 aC.r-RHOI row.
r. 63 so resed off ~ ...new
iw W 1 our 62 } 56 u°. TC 61 TRACT R 72 , 24 . e9 ,
Ir
APPROVED y ,yN TRACT a 71 7r0
- ~~!ahY OA a \ 60 Ile 57
1. 1919 66 FRENCH IfY tlYD \ \ 58 67 95
y
I- , ta"9" e TERN Lawn I C1 19 • OLD
SCALE A"=206 w p. e i~
ao p0 Sc 75 '0;
Amur/gal
RUMONN: NNTE: zmm p Nm 1lNl N CRK
YY
woosueue~wsw Yrr ,Vpcnmka m sm. 22
~c
92 \ F9