TC Ord. No. 1998-03 Amending the Avon Muni Code regarding zoning, public nuisances, signs, and animal controlTOWN OF AVON
ORDINANCE NO. 98 - 3
SERIES OF 1998
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE
REGARDING ZONING, PUBLIC NUISANCES, SIGNS, AND ANIMAL
CONTROL, TOWN OF AVON, EAGLE COUNTY, COLORADO,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS
FOLLOWS:
I. Section 6.04.020, Definitions, is hereby amended by adding the following definition:
"Habitual Offender" means any pet animal owner/keeper whose pet has been found, by the court,
to have been kept in Violation of title 6 of the Avon Municipal Code three times within any -
twelve month period.
II. Section 6.04.235, Habitual Offender, is hereby added to read as follows:
6.04.235 Habitual Offender. Upon the conviction of an owner/keeper as a habitual offender, the
court shall order the animal(s) involved in the violations to be permanently removed from the -
Town of Avon.
III. Title 8, Health, Safety and Welfare, is hereby amended by adding the following
sections:
8 24.042 Parking and driving in designated areas only
For the purpose of this section a motor vehicle means any self - propelled vehicle other than lawn
mowers and yard equipment. Trailer means any wheeled vehicle without motive power, which is
designed to be drawn by a motor vehicle.
A. It shall be prohibited to drive, park or store a motor vehicle(s) or trailer(s) on any portion of a
lot, parcel or tract of land that has not been designated as a parking area or driveway, as
indicated on the approved plans for such lot, parcel or tract of land.
B. It shall be prohibited for any property owner or other person in control of a lot, parcel or tract
of land to allow any motor vehicle(s) or trailer(s), to remain on any portion of a lot, parcel or
tract of land that has not been designated as a parking area or driveway as indicated on the
approved plans for such lot, parcel or tract of land.
C. Any lot, parcel or tract of land that has an active current Town of Avon building permit shall ;
be exempt from this section.
Any person who violates this section shall be guilty of creating a public nuisance.
8.24.065 Driveways must be pave d
A. All driveways and parking areas, on any lot, tract or parcel of land, shall be paved with an
approved material.
B. Any lot tract or parcel of land that gains access to a town street via an easement through
private or public property shall have a continuous paved driveway, of an approved material,
from the Town street to said lot tract or parcel of land
C. It shall be unlawful for any lot, tract or parcel of land to be kept in a manner that causes dirt
or mud to be tracked on to the public right of way.
If any property is found to exist in violation of this section the property owner, manager or any
i
other person in control of the property shall be deemed guilty of creating a public nuisance.
IV. Title 15, Building and Construction, is hereby amended by deleting the following
{ section:
1. Section 15.28.080 -F. Home occupation signs.
V. Title 17, Zoning, is hereby amended by adding the following definition:
JACOUNCIUORDINANMOrd98 -3 MuniCodeChg.doc
17.08.365 Home office. "Home office" means any occupation, profession or other activity,
that takes place in a dwelling unit and, is meant to produce income or revenue, or any activity
associated with a nonprofit group or corporation 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, other than
the occupants of the dwelling unit, to enter the property on which the dwelling unit is located.
C. Does not require alteration to the residence to satisfy applicable Town of Avon 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.
E. Does not change the appearance or residential character of the structure.
ff
Any activity that meets the above definition shall be considered an accessory use, and shall not'
require Town approval.
VI. Section 17.08.360, Home Occupation, is hereby amended to read as follows:
17.08.360 Home occupation. "Home occupation" means an occupation, profession, activity, or
use that is conducted within a dwelling unit and is meant to produce income or revenue, or any
activity associated with a non - profit organization which:
A. Does not produce noise audible outside the dwelling unit where such activity is taking place.
B: Limits the amount of customers, visitors, or persons, other than the occupants, to no more -
than 5 per day. In the case of daycare, no more children than allowed by the, State of
Colorado license for a child care home (a State of Colorado license is also required to operate
a child care home).
C.' Does not cause the visible storage or parking of vehicles or equipment not normally
associated with residential use. Which shall include but is not limited to the following; trucks
with a rating greater than 3/4 ton, earth moving equipment and cement mixers. .
D. Does not alter the exterior of the property or affect the residential character of the
neighborhood.
E. Does not interfere with parking, access, or other normal activities on adjacent properties, or
with other units in a multi - family residential development.
F. Does not require or allow employees to work on the property.
G. Does not require alteration to the residence to satisfy applicable Town of Avon Fire or
Building codes, or County Health Regulations.
H. Does not require or allow any signs to be visible from the outside of the property.
VII. Severability. If any part, section, sub - section, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of the Ordinance; and the Town Council for the Town of Avon hereby declares it would .
have passed this Ordinance and each part, section, sub - section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more parts, sections, sub - sections, sentences, j
clauses or phrases be declared invalid.
VIII. Penalty. It is unlawful for person to violate any provision of, or fail to comply with any of
the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance
shall be punished by a fine of not more than one thousand dollars or by imprisonment for a
period of not more than one hundred eighty days or by both such fine and imprisonment;
provided, no person under the age of eighteen years shall be punished by imprisonment.
JACOUNCIUORDINANMrd98 -3 MuniCodeChg.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 27th day of January, 1998, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado on the 10`h day of February 1998,
at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Jal Fawcett, Mayor
ATTE�T:
Patty Lambert, CMC, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 10th day of February 1998.
ATTEST:
Patty Lambert, CMC, Town Clerk
APPROVED AS TO FORM:
•U. Ltv�"-
Tow Attorney
Town of Avon
Town Council
Ja k Fawcett, Mayor
JAC0UNCIL \0RDINANC\0rd98 -3 MuniCodeChg.doc
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TOWN OF AVON
ORDINANCE NO. 98 - 3
SERIES OF 1998
AN 0RDINAN_ CE AMENDING THE AVON ' MUNICIPAL CODE
REGARDING ZONING, PUBLIC NUISANCES, SIGNS, AND ANIMAL
CONTROL, TOWN OF AVON, EAGLE COUNTY, COLORADO,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS
FOLLOWS:
I: _Section 6.04.020, Definitions, is hereby amended by adding the following definition:
"Habitual Offender" means any pet animal owner/keeper whose pet has been found, by the court,
to have been kept in Violation of title 6 of the Avon Municipal Code three times within any,
twelve month period.
II. Section 6.04.235, Habitual Offender, is hereby added to read as follows:
6.04.235 Habitual Offender. Upon the conviction of an owner/keeper as a habitual offender, the
court shall order the animal(s) involved in the violations to be permanently removed from the
Town of Avon.
III. Title 8, Health, Safety and Welfare, is hereby amended by adding the following
sections:
8.24.0-42' Parking and drivin2 in designated areas only
For the purpose of this section a motor vehicle means any self - propelled vehicle other than lawn
mowers and yard equipment. Trailer means any wheeled vehicle without motive power, which is
designed to be drawn by a motor vehicle.
A. It shall be prohibited to drive, park or store a motor vehicle(s) or trailer(s) on any portion of a
lot, parcel or tract of land that has not been designated as a parking area or driveway, as
.indicated on the approved plans for such lot, parcel or tract of land.
B. It shall be prohibited for any property owner or other person in control of a lot, parcel or tract
of land to allow any motor vehicle(s) or trailer(s), to remain on any portion of a lot, parcel or
tract of land that has not been designated as a parking area or driveway as indicated on the
approved plans for such lot, parcel or tract of land.
C. Any lot, parcel or tract of land that has an active current Town of Avon building permit shall
be exempt from this section.
Any person who violates this section shall be guilty of creating a public nuisance.
8.24.065 Driveways must be paved
A. All driveways and parking areas, on any lot, tract or parcel of land, shall be paved with an
approved material.
B. Any lot tract or parcel of land that gains access to a town street via an easement through
private or public property shall have a continuous paved driveway, of an approved material,
from the Town street to said lot tract or parcel of land
C. It shall be unlawful for any lot, tract or parcel of land to be kept in a manner that causes dirt
or mud to be tracked on to the public right of way.
If any property is found to exist in violation of this section the property owner, manager or any
other person in control of the property shall be deemed guilty of creating a public nuisance.
IV. Title 15, Building and Construction, is hereby amended by deleting the following
section:
1. Section 15.28.080 -F: Home occupation signs.
V. Title 17, Zoning, is hereby amended by adding the following definition:
JAC0UNCIL \0RDINANC \0rd98 -3 MuniCodeChg.doc
17.08.365 Home office. "Home office" means any occupation, profession or other activity,
that takes place in a dwelling unit and is meant to produce income or revenue, or any activity
associated with a nonprofit group or corporation 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, other than
the occupants of the dwelling unit, to enter the property on which the dwelling unit is located.
C. Does not require alteration to the residence to satisfy applicable Town of Avon 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.
E. Does not change the appearance or residential character of the structure.
Any activity -that meets the above definition shall be considered an accessory use, and shall not
require Town approval.
VI. Section 17.08.360, Home Occupation, is hereby amended to read as follows:
17.08.360 Home occupation. "Home occupation" means an occupation, profession, activity, or
use that is conducted within a dwelling unit and is meant to produce income or revenue, or any
activity associated with a non - profit organization which:
A. Does not produce noise audible outside the dwelling unit where such activity is taking place.
B. Limits the amount of customers, visitors, or persons, other than the occupants, to no more
than 5 per day. In the case of daycare, no more children than allowed by the State of
Colorado license for a child care home (a State of Colorado license'is also required to operate
a child care home).
C. Does not cause the visible storage or parking of vehicles or equipment not normally
associated with residential use. Which shall include but is not limited to the following; trucks
with a rating greater than % ton, earth moving equipment and cement mixers.
D. Does not alter the exterior of the property or affect the residential character of the
neighborhood.
E. Does not interfere with parking, access, or other normal activities on adjacent properties, or
with other units in a multi - family residential development.
F. Does not require or allow employees to work on the property.
G. Does not require alteration to the residence to satisfy applicable Town of Avon Fire or
Building codes, or County Health Regulations.
H. Does not require or allow any signs to be visible from the outside of the property.
VII. Severability. If any part, section, sub - section, sentence, clause or phrase of this Ordinance
is for any reason.held to be invalid, such decision shall not affect the validity of the remaining
portions of the Ordinance; and the Town Council for the Town of Avon hereby declares it would
have passed this Ordinance and each part, section, sub - section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more parts, sections, sub - sections, sentences,
clauses or phrases be declared invalid.
VIII. Penalty. It is unlawful for person to violate any provision of, or fail to comply with any of
the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance
shall be punished by a fine of not more than one thousand dollars or by imprisonment for a
period of not more than one hundred eighty days or by both such fine and imprisonment;
provided, no person under the age of eighteen years shall be punished by imprisonment.
JAC0UNCIL \0RDINANC\0rd98 -3 MuniCodeChg.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 27th day of January, 1998, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado on the 10th day of February 1998, .
at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Ja Fawcett, Mayor
Patty Lambert, CMC; Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 10th day of February ' , 1998.
ATTEST:
Patty Lambert, CUC, Town Clerk
APPROVED AS TO FORM:
o, &Vx-� I . ..
To Attorney
Town of Avon
Town Council
Ja k Fawcett, Mayor
JAC0UNCIL \0RDINANC \0rd98 -3 MuniCodeChg.doc
R
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 10TH
DAY OF FEBRUARY, 1998, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98 -3,
SERIES OF 1998: -
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE
REGARDING ZONING, PUBLIC NUISANCES, SIGNS, AND
ANIMAL CONTROL, TOWN OF AVON, EAGLE COUNTY, COLORADO
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 notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 29th day of January, 1998.
i, TOWN OF 'VON, COLORADO
BY:
Patty LamH�Ft, CMC
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JANUARY 29, 1998;
EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY;
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY