Loading...
TC Ord. No. 21-09 Approving Code Text Amendments to Chapter 7A Avon COLORADO ORDINANCE NO.21-09 APPROVING CODE TEXT AMENDMENTS TO CHAPTER 7 OF THE AVON MUNICIPAL CODE WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Town Council initiated a code text amendment application for changes to sections of Chapter 7 including: Violations - §7.04.160; Development Review Procedures and Review Authority - Table 7.16-1; General procedures and requirements - §7.16.020(c)(2); Design Review and Development Plan - §7.16.080 and §7.16.090; Review Procedures - §7.16.150; Dimensions for the Town Center District - Table 7.20-9; Public Facilities (PF)- §7.20.080(e); Light Industrial and Commercial Employment District - Table §7.20-13; Employee housing mitigation - §7.20.100; Restaurant - §7.24.060(g)(1); Off -Street Parking - Table §7.28-2; Electric Vehicle Parking - §7.28.020(g)(iv); Alternate Screening - 7.28.060(d)(4); Fence Design Standards - §7.28.080(b); Exterior Lighting - §7.28.090(c)(6); Definitions - §7.34.010(b); Permitted Signs Generally - §7.34.010(d); Lighting - §7.34.010(e)(5); Master Sign Programs - §7.34.010(h)(2); Prohibited signs - §7.34.010(i); and WHEREAS, the code text amendments are in conformance with Avon Comprehensive Plan Goals A.1 and 3.4, and Policies F.1.8 and G.3.2; and WHEREAS, the code text amendments will help implement the Avon Community Housing Plan; and WHEREAS, the Town Council finds that the code text amendments will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 1 of 17 Section 2. Amendment to Chanter 7.04.160 - Violations. Chapter 7.04.160 is hereby amended to read as follows with str-ilre out indicating language to be deleted and underline indicating language to be adopted: (c) Transfer or Sale of Interest Prior to Final Subdivision Approval. It is unlawful for any person to transfer or sell or agree to sell any lot, tract, parcel, site, separate interest (including a leasehold interest), condominium interest, timeshare estate or any other division within a subdivision within the Town until such subdivision has been approved in writing by the Town Council and a plat thereof recorded in the office of the Eagle County Clerk and Recorder. A written agreement to sell a condominium unit prior to final subdivision approval shall not constitute a violation of this Section if. the written agreement is expressly conditioned upon approval of the Town Council of the final subdivision plat and all related documents, the preliminary plan has been approved by the Town Council, the building or property to be subdivided has received design Feview development plan approval (if applicable), the written agreement provides that the prospective buyer or purchaser is entitled to terminate the written agreement and is entitled to receive the full amount of any monies deposited and the form of the written agreement has received approval by the Town Attorney prior to using the form of such written agreement with a prospective purchaser or buyer. Section 3. Amendment to Table 7.16-1 - Development Review Procedures and Review Authority. Table 7.16-1 is hereby amended to read as follows with strike u indicating language to be deleted: Procedure Notice Director PZC TC Requirements* Comprehensive Plan Amendment R H-R H-D (§7.16.030) Code Text Amendment (§7.16.040) R H-R H-D Rezoning (§7.16.050) M R H-R H-D Planned Unit Administrative PUD D A Development Minor PUD M R H-R H-D (§7.16.060) Amendment Lot Split PUD M R H-R H-D Amendment for Wildridge PUD Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 2 of 17 Major PUD Amendment M R H-R H-D Preliminary PUD M R H-R H-D Final PUD M R H H-D Subdivision (§7.16.070) Administrative Subdivision D A Minor Subdivision D A Preliminary Plan M R H-R H-D Final Plan M R H-D Development Plan (§7.16.080) Minor D or R H-D A Major R H-D A Major in Town Core R H-R H-D Design Review �-". 0404 P OF 14 R of 14 D i of Special Review Use (§7.16.100) M R H-D A Variance (§7.16.110) M R H-D A Alternative Equivalent Compliance (§7.16.120) R R-D or R A or R-D Right-of-way Vacation (§7.16.130) M R H-D Vested Property Right (§7.16.040) M R H-R H-D Location, Character and Extent (§7.16.150) R H-D A Sign Plan (§7.16.160) Minor D or R H-D A Major R H-D A Appeal (§7.16.160) H-D Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 3 of 17 Annexation (§7.36) M R H-R H-D 1041 Permit (§7.40) R H-R I I-D Historic and/or Cultural Preservation Designated (§7.50) H-D Section 4. Amendment to Chapter 7.16.020(c)(2) — General procedures and requirements. .. Chapter 7.16.020(c)(2) is hereby amended to read as follows with st.out indicating language to be deleted: Referral to Other Agencies. Development applications may be referred to other agencies for review and comment. The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The Planning and Zoning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. Referral of development applications to other agencies shall provide a minimum time frame for review and comment of fourteen (14) days for development plans, designew, variances, amendments to text of the Development Code and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, rezoning and 1041 permits; however, the time frame for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to: Section 5. Amendment to Chapter 7.16.080 - Development plan. Chapter 7.16.080 is hereby amended to read as follows with stFike on indicating language to be deleted and underline indicating language to be adopted: .. ►7is�d� (a) Purpose. The general purpose of the development plan review process is to ensure compliance with the development and design standards of the Development Code prior to the issuance of a building permit or concurrent with other required permits and to encourage quality development reflective of the goals and objectives of the Avon Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 4 of 17 Comprehensive Plan. Specific purposes of development plan review include, but are not limited to the following: (1) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms; (2) To ensure that the location and configuration of structures, including signs signage, are visually harmonious with their sites and with surrounding sites and structures and that there shall be conformance to the Comprehensive Plan of the Town, (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with natural and existing landforms and with officially pproved development plans, if any, for the areas in which the structures are proposed to be located; and (4) To ensure that plans for the landscaping of propegy and open spaces conform with adopted rules and regulations and to provide visually pleasingsettings ettings for structures on the same site and on adjoining and nearby sites. (ab) Applicability. A development plan shall be required for all new development and any modification to an existing development or development plan. (bc) Development Plan Categories. Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Major Development Plan. Major development plans include all new building construction over six hundred (600) square feet; (2) Minor Development Plan. Minor development plans include the following: (i) All new building construction six hundred (600) square feet or less; (ii) Modifications to Dumpster locations; (iii) Screen wall modifications; (iv) Landscape modifications, including but not limited to removal of existing vegetation and addition of new vegetation; (v) Deck modifications, including but not limited to additions, new construction and materials or color modifications; (vi) Mechanical equipment modifications; (vii) Modifications to the exterior of an existing building, including but not limited to windows, doors, minor architectural details, colors and materials; (viii) Modifications to approved development plans which result in a ten -percent or less increase to lot coverage; ten -percent or less increase to building height; ten - percent or less increase to the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project; (ix) Modifications to approved development plans which do not change the character of the approved design; and Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 5 of 17 (x) Other similar changes to a structure or property that do not significantly impact the site layout or design of a building. (ed) Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. A11 review.develapmepA plan applieations shall also eemply with the proeedur-es listed in Seetion 7.16.090, Design Specific additions and modifications to the general review procedures are identified below. (de) Notice and Hearing. PZC shall review and render a decision or recommendation on the development plan application after conducting a public hearing. Town Council shall conduct a public hearing when reviewing a Development Plan applicable in the Town Core. Notice of the public hearing shall be published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not conduct a public hearing for administrative review and decision on development plan applications. (e fl Review Authority. The review authority for a development plan application shall be determined by the subdivision category. (1) Major Development Plan. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan, unless the application is located within the Town Core. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. If an application is located within the Town Core, the Director shall review and provide a recommendation to the PZC. The PZC shall review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan within the Town Core. (2) Minor Development Plan. The Director shall review and render decisions on all minor development plan and minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.170, Appeal. The Director may refer to the PZC any plan application that the Director determines warrants review by the PZC. (€g) Review Criteria. The following review criteria shall be considered as the basis for a decision on development plan applications: (1) Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes; (2) Evidenee of substantial eomplianee with Seetion 7.16.090, Design f- (3) Gonsisten withthe Avon r fflpfehensive Plan The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; (4) Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 6 of 17 Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services -.-- and (7) The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. (gh) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h). (lei) Revocation. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building or structure or use that is not in accord with the approved documents or any approved modifications thereto. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use or other element of approved design review documents shall be eliminated, altered or provided in another manner unless an amended site plan is approved. Any deviation from the approved development plan as approved shall be grounds for revocation of the development plan approval. Section 6. Amendment to Chapter 7.16.090 - Design review. Chapter 7.16.090 is hereby deleted in its entirety. Section 7. Amendment to Chapter 7.16.150(b) — Review procedures. Chapter 7.16.150(b) is hereby amended to read as follows with strike out indicating language to be deleted: Applications for location, character and extent shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having jurisdiction over the public facility. Applications for location, character and extent may be combined with other application procedures and submittal requirements, including but not limited to development plan, design -evi ,., and subdivision. The failure of the PZC and Council to act within sixty (60) days from and after the date of official submission of a complete application to the Town shall be deemed approval of such application. Section 8. Amendment to Table 7.20-9 Dimensions for the Town Center District. Table 7.20-9 is hereby amended to read as follows with strike-eu-t indicating language to be deleted and underline indicating language to be adopted: Table 7.20-9 Dimensions for the Town Center District Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 7 of 17 Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landscape Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) n/a n/aj 50 f-5} 20 0 [1, 4] 7.5 [2] 10 [3] 80 [1] Infill development shall match the smallest setback of existing, adjacent structures. [2] TC abutting a residential district shall match the side yard setback standards of that district. [3] When abutting a public street, alley or public right-of-way. The rear setback for TC abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW. [4] Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. 0 if housing is in Seefief,, employee pr-evided aeeoi:daneewith Section 9. Amendment to Chanter 7.20.080(e) - Public Facilities (PF). Chapter 7.20.080(e) is hereby amended to read as follows with str-'�e-oil indicating language to be deleted and underline indicating language to be adopted: Public Facilities (PF). The PF district is intended to provide sites for public uses such as community centers, police and fire stationsLal—governmental facilities, government employee housing, and Community Housing. The uses permitted in this district are identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for the Public Facility (PF) zone district: Section 10. Amendment to Table 7.20-13 Dimensions for the Light Industrial and Commercial Employment District. Table 7.20-13 is hereby amended to read as follows with stAke-out indicating language to be deleted and underline indicating language to be adopted: Table 7.20-13 Dimensions for the Light Industrial and Commercial EmploymeH District Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 8 of 17 Min. Lot Min. Max. Lot Min. Min. Min. Min. Max. Max. USE TYPE Size Lot Coverage Landscape Front Side Rear Building Density (acres Width o (/o) o Area (/o) Setback Setback Setback Height Residential or sq. (feet) (feet) (feet) (feet) (feet) ft. Mixed Use 21,780 100 50 20 25 7.5 10 48 See footnote or IC sq. ft. [1] Community 219780 100 50 20 25 7.5 10 48 10 du/acre Housing sq. ft. [2] [1] Aeeessei-f dDwelling units which are accessory to the commercial use are permitted as a special review use pursuant to Section 7.16.100. The maximum density residential in a mixed use project shall be no more than four (4) ADU per acre; provided, however, on lots wee less than one (1) acre in size, the Maximum Residential shall be four (4) ADU per lot. [2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a condition to approval of development which exceeds the meter size assigned to the property. The Town may accept cash -in -lieu of dedication in accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the Town Council in its sole discretion. Section 11. Amendment to 7.20.100 - Employee housing mitigation. Chapter 7.20.100 is hereby amended to read as follows with underline indicating language to be adopted: (b)Applicability. This Section shall apply to new multi -family residential (3 or more units), commercial, accommodation units, industrial and other non-residential development within the Town. This Section applies to all entities, including private and non-profit entities. All Employee housing mitigation dwelling units required in Table 7.20-14 below are applied to the maximum residential density of the development. Section 12. Amendment to Chapter 7.24.060(g)(1) - Restaurant. Chapter 7.24.060(g)(1) is hereby amended to read as follows with strike -eat indicating language to be deleted and underline indicating language to be adopted: An eating and drinking establishment allowed under this Code may provide outdoor seating areas for customers following design feview development plan approval and issuance of a liquor license. The approval of outdoor seating shall be reviewed against the following criteria: Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 9 of 17 Section 13. Amendment to Table 7.28-2 - Off -Street Parking. Table 7.28-2 is hereby amended to read as follows with ctAke out indicating language to be deleted and underline indicating language to be adopted: Use Category Use Type Parking Requirement Residential Uses Residential a*d Dwelling, Single -Family, Duplex 2 per unit; 3 per unit for units over n ,.,.,,,,.,..,,,da4i .,, 2,500 sq. ft. �S Dwelling, Multi -Family Studio/ Lock off/ ^ ,,,,affl a 4ion -1 per unit 1 bedroom — 1.5 per unit /PU ,99-it ever- sq. All others- 2 per unit Dwelling, Multi -Family (Short -Term 1 per unit, plus Guest Parking Rental Overlay) with Parking Management Plan Guest Parking for Multi -Family 3-5 units - 2 spaces 5-10 units - 3 spaces 11-15 units - 4 spaces 16-20 units - 5 spaces 21-25 units - 6 spaces Over 25 units - 7 spaces plus 1 space for each 5 units in excess of 25 up to a maximum of 10 additional spaces. Group Living Group Homes 1 per bed plus 1 per 100 sq. ft. of GFA Retirement home, nursing home or 1 per 4 beds and 1 per employee with assisted living facility consideration to the number of shifts worked. Use Category Use Type Parking Requirement Public and Institutional Uses Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 10 of 17 Community Services Art gallery or museum 4 per 1,000 sq. ft. GFA Community centers 4 per 1,000 sq. ft. GFA Government services, offices and facilities 4 per 1,000 sq. ft. GFA Library 4 per 1,000 sq. ft. GFA Religious assembly 4 per 1,000 sq. ft. GFA Day Care Child care center 2 per 1,000 sq. ft. GFA Preschool, nursery school 2 per 1,000 sq. ft. GFA Educational Facilities College or university (non-exempt) 4 per 1,000 sq. ft. GFA School, K-12 (public and private) 4 per 1,000 sq. ft. GFA School, vocational -technical and trade 4 per 1,000 sq. ft. GFA Health Care Facilities Medical center/ hospital 4 per 1,000 sq. ft. GFA Medical and dental clinics and offices 4 per 1,000 sq. ft. GFA Urgent care facility 4 per 1,000 sq. ft. GFA Parks and Open Space Golf course 4 per green Commercial Uses General Commercial Uses unless otherwise stated 4 per 1,000 sq. ft. GFA Food and Beverage Services Restaurants, bars and taverns 1 per 60 sq. ft. of indoor seating area. Office Administrative and professional offices 3 per 1,000 sq. ft. GFA Recreation and Entertainment, Outdoor commercial recreation/ Determined by the Director Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 11 of 17 Outdoor entertainment Recreation and Entertainment, Indoor Indoor commercial recreation/ entertainment Determined by the Director Accommodation Lodging 1 per unit Wholesale Business Wholesale business 1 per 800 sq. ft. GFA Industrial Service General Industrial Uses unless otherwise stated 1 per 800 sq. ft. GFA Section 14. Amendment to 7.28.020(g)(iv) Electric Vehicle Parkin. Chapter 7.28.020(g)(iv) is hereby amended to read as follows with strike indicating language to be deleted and underline indicating language to be adopted: Electric Vehicle Parking. As required by Section 15.28, Electrical Vehicle Charging Standards, Avon Buildings and Construction, the quantity and location of EV parking spaces must be demonstrated at designr-eviewdevelopment plan. Section 15. Amendment to 7.28.060(d)(4) Alternate Screening. Chapter 7.28.060(d)(4) is hereby amended to read as follows with strike o rt indicating language to be deleted and underline indicating language to be adopted: Alternate Screening. Mechanical equipment that is not screened in full compliance with the screening standards of this Section shall be reviewed in accordance with Section 7.16.09080, Design Revs .„ Development plan. Alternate screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, architectural features and painting. Section 16. Amendment to 7.28.080(b) Fence Design Standards. Chapter 7.28.080(b) is hereby amended to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon Planniny- and Zoniny- Commission. Although discouraged in Wildridge and Wildwood, in all insi n fences should complement the property and landscape rather than contain the property. Fenees that delineate pr-eper-ty betin afies demenstr-ated by the applieant that the design is eensistent with _The following review criteria apply for the review of fence applications: Ord 21-1 Page 12 of 17 v (i) Fence material shall be wood and no more than four (4) feet in height (ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails; (iii) Fences shall not delinea4e be located closer than 7.5 feet from the property lines; (iv) Fences shall not enclose an area of one thousand two hundred (1,200) square feet or more; (v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design; (vi) If a fence is part of a multi -family project, approval shall be received from the association and the fence design shall be integrated with the overall landscape design of the property; and (vii) If a fence is located on a duplex property, written approval shall be received from the adjoining property owner and the fence design must be integrated with the overall landscape design. (viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food crops, the design must be consistent with the following criteria: (A) Have a maximum height of six (6) feet; (B) Have a maximum area of two hundred (200) square feet; (C) Be at least fifty percent (50%) open; (D) Fences with wire mesh are encouraged over solid wood; and (E) Fences enclosed on the top and greenhouses are considered accessory structures. Section 17. Amendment to 7.28.090(c)(6) Exterior Lighting. Chapter 7.28.090(c)(6) is hereby amended to read as follows with underline indicating language to be adopted: Exterior Lighting; (1) The location and design of exterior lighting shall comply with Section 15.30, Outdoor Lighting Standards, Avon Buildings and Construction. Section 18. Amendment to 7.34.010(b) - Definitions. Chapter 7.34.010(b) is hereby amended to read as follows with underline indicating language to be adopted: Foot-candle means a unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One (1) footcandle is equal to one (1) lumen per square foot. Town o Avon sign means a sign erected, installed, or maintained by the Town of Avon for any public purpose, or a sign located on a building owned by the Town. Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 13 of 17 Section 19. Amendment to 7.34.010(d) — Permitted Signs Generally. Chapter 7.34.010(d) is hereby amended to read as follows with c*'-�c ilie-out indicating language to be deleted and underline indicating language to be adopted: (7) Town of Avon went signs (exempt, including M digitalplays). (13) Window Signs (exempt, as long as square footage and type requirements are met). Section 20. Amendment to 7.34.010(e)(5) — Lighting. Chapter 7.34.010(e)(5) is hereby amended to read as follows with strike-ou indicating language to be deleted and underline indicating language to be adopted: Lighting shall be of no greater wattage than is necessary to make the sign visible at night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed in such a manner that direct light does not shine in a disturbing manner.l14effially Lit signs shall not be illuminated when the business is closed. (8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto -oriented electronic messages, images, and/or changeable copy signs are permitted al,,,,g ai4efial streets only for gasoline pricing, parking garage stall counter displays, drive-thru menu boards, drive-thru lane informational si nage, provided that they meet the following criteria: i. Such signs shall be equipped with automatic dimmers, which shall be programmed to not exceed three tenths (.3) footcandles over ambient light levels. ii. Signs shall not cause distractions to drivers with moving images or similar effects. iii. Individual letters are limited to 17 inches in height. iv. Digital sip?ns are included in sign area calculations. v. Drive-thru signs shall be oriented to face the interior of the lot and include adequate screening to not impact the view of neighboring properties or the adjacent street. Section 21. Amendment to 7.34.010(h)(2) — Master Sign Programs. Chapter 7.34.010(h)(2) is hereby amended to read as follows with stAlie out indicating language to be deleted and underline indicating language to be adopted: Master Sign Programs are encouraged for all properties and are required as a part of the design review development plan process for all proposed projects. Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 14 of 17 Section 22. Amendment to 7.34.010(i) — Prohibited signs. Chapter 7.34.010(i) is hereby amended to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: (9) Signs erected on public rights -of -way, except gevenffnen4 Town of Avon signs. Section 23. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 24. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 25. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 26. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 27. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 15 of 17 typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 28. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 16 of 17 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on June 22, 2021 and setting such public hearing for August 10, 2021 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: CR. -1� l Sarah Smith Hymes, Mayo ATTEST: N OF q .!L Brenda Torres, Town C1 lk C�LCRA�O� ADOPTED ON SECOND AND FINAL READING on August 10, 2021. BY: ATTEST: �O`NN OF A�0N SEAL: Sarah Smith Hymes, 4or Brenda Torres, Town Cle tk •C'C1LC(� a0�� APPRO Wisor, Town Attorney Ord 21-09 Chapter 7 Amendments August 10, 2021 Page 17 of 17