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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. -1- 0 0 (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. -2- 0 0 (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. -3- 0 0 (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. -4- 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. -5- 0 0 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. -6- 0 0 (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. -7- 0 0 (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 -8- 0 0 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. -9- 0 0 (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. -10- 0 0 '(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. -11- t a (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: -12- ~I W D 3 W H W a a H U W a w AI A 0 a H z W E' z H Ei U H a E+ H A wl 0 x U N c 0 H E-+ U W W a w H a H U w P4 C!l H H z p Ell 04 IN. 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(d (1) O A 4 4-1 O N td Ei rO 0 a O r~ s~ 'a a) a O rO rd A a) ta N 4 Q) ?4 U IN. rn 0 CV r-I a R3 a) •41 a O ra A a.1 0) u) m m lz .r, H b u) r-I w I a) b 0 r-I O A •ri 0 a) U M 4J M ~4 U • • U 4.1 •r1 O w 1d Cd U) u) M 4-1 M ~ a U a) ~4 u) 4J a - ) ~ 1~1~rO 4 ~4 (d a) us w a) rO ~j r-i a) rd 4-1 44 04 r-4 04 41 ° 9 0 a (d to Q Ora a~3 r•I > > 0 w m -ri (1) P4 a) 0 ri -ri 91 4-1 -W ro r♦ ;I -ri w fd -4 ~v 01 . 0a 3a N rd H 9 ?1to •ri H 0 -H - ~-I 9 a) rd cd to cd z3 a 0 0 •ri N 4.1 P O rn E-f 4-1 r-1 :3 O O U) 4 P4 rn Ln ra -16- 0 0 (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. 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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 -21- 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. -22- 0 0 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 -23- 0 0 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 -24- • s 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. -25- (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 -26- 0 0 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 -27- U 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, -28- s • 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. -29- 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 -30- 6 0 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. -31- 6 6 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 -32- 4 4 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