TC Ord. No. 1981-224 1 ,
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ORDINANCE NO #81-22
SERIES OF 1981
AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF AVON;
PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING
DEFINITIONS AND REGULATIONS; ESTABLISHING A DEVELOPMENT
REVIEW BOARD, OUTLINING ITS FUNCTION IN RELATION THERETO AND
REQUIRING OFF-STREET PARKING; REGULATING SIGNS; PROVIDING FOR
NON-CONFORMING USES AND STRUCTURES; WITH PROVISIONS FOR
INTERPRETATION, 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
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 Purpose
(a) The purpose is:
(1) To divide the Town into zones, or districts,
restricting and regulation therein the location, 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.
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(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.
(2) To lessen congestion on the roads and enhance
pedestrian and vehiclular 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, re-
ducing runoff and consequent sedimentation, eliminating
pollutants introduced 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 archaeological
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 government
services and facilities and to aid in realizing the
policies, objectives and goals of the Town.
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(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 appropriate use of land throughout the
municipality.
(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. In order to carry out
the purposes of this Ordinance, the Town of Avon is hereby divided
into the following zone districts:
(a)
RSF
- Residential Single Family
(b)
RD
- Residential Duplex
(c)
RMD
- Residential Medium Density
(d)
RHLD
- Residential High and Low Density
(e)
RHDC
- Residential High Density and Commercial
(f)
RMHP
- Residential Mobile Home Park
(g)
NC
- Neighborhood Commercial
(h)
SC
- Shopping Center
(i)
TC
- Town Center
(j)
IC
- Industrial and Commercial
(k)
GPEH
- Government, Park, and Employee Housing
(1)
SPG
- Special, Public Facility, Government
(m)
PRM -
Park, Recreation, Municipal
(n)
OLD -
Open Space, Landscaping, and Drainage
(o)
SPA -
Specially Planned Area
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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 noundaries or other
matters portrayed on the official Zoning District Map, such
changes shall be entered on the Map.
(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 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
Development Review Board shall make notation of the same in
-the records of the Clerk and Recorder of Eagle County.
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-(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.
Section 2.4 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 annual high, water line, except where such
a requirement would prevent construction of a single family
residence. For all other purposes herein land under water
shall be included in any calculation as part of the tract
under consideration.
Section 2.5 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 departments of underground, surface or overhead
electrical, 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) 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 2.6 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.
Section 2.7 Conceptual or Preliminary ARprovals
whenever within the requirements of this Ordinance, pro-
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vision is made for a conceptual or preliminary approval
by the Development 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) Annual High Water Line: The highest water level
that is statistically expected to occur annually.
(6) 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.
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(7) Automobile Repair: General repair, engine rebuild-
ing, or reconditioning of motor vehicles, collision
service, such as body, frame or fender straightening
and repair, and/or overall painting of motor
vehicles.
(8) 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 or motor fuels
or oil is incidental to the conduct of a public
garage, the premises shall be classified as a
public garage.
(9) 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.
(10) 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.
(11) 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).
(12) 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.
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J13) Board: Development Review Board.
(14) Boarding House: A building other than a hotel or
restaurant, where meals are provided for compensation
for four or more person, but not exceeding twelve
persons.
(15) 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.
(16) Building Area Ratio (BAR): A numerical statement
of the size of the area occupied by 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.
(17) Building Height: Whenever the finished grade of a
structure deviates from the horizontal, "building
height" means the average of the vertical distances
between the finished grade 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 wali.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..
(18) Building Line: For the purpose of this ordinance,
the building line is the same,as the front lot
setback line.
(19) Building Front: The lineal distance from outside to
outside of a structure or portion of a structure
housing,a particular•business.or businesses directly
adjacent to a street or public mall serving the
property. Only one property boundary may be
considered to meet the building front definition.
(20) Building Site: Area or lot or lots upon which a
building or structure may be erected.
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Q21) 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 vehicies'used by occupants
of the main.structure.
(22) Common Wall or Ceiling: A wall or ceiling-which
serves as an interior wall or ceiling on each face
thereof in adjoining dwellings.
(23) 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.
(24) District: A section or sections of the incorporated
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.
(25) 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
an interior common wall, no less than twenty
(20) per cent between both dwelling units or
sharing a"common interior ceiling or'interior
floor, in whole or in part, connecting two.
(2) dwelling units.
(c) Multiple-family Dwelling: A dwelling contain-
ing three (3)' or more dwelling units, not in-
cluding hotels, lodges or"dwellings containing
time-sharing units, but including townhouses,
condominiums and apartments with accessory
use facilities limited to an office, laundry,
.recreation facilities and off-street parking
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used by the occupants.
(26) Dwelling Unit: One or more rooms, including cooking
facilities, intended or designed for occupancy by
a family or guests independent of other families
or guests.
(27) Employee Housing: That housing restricted to and
used exclusively for persons employed in the Avon area.
(28) 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) unrealated adults occupying
the same dwelling unit.
(29) Fine Art: Any sculpture, fountain or similar object
displayed for non-advertising purposes. Also, any
painted scene, figure, or decorative design enchancing
building architecture, not including written trade
or place names or advertising messages or displayed
for non-advertising purposes.
(30) Garage, Private: An accessory building for the
storage of motor-driven vehicles used by the occupants
of the main structure (s).
(31) Garage, Parking: A building, either public or
private, used only for parking of motor vehicles.
(32) 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.
(33) 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
by members of the immediate family. Clinics,
doctor's offices; hospitals, barber shops, beauty
parlors, dress shops, millinery shops, real estate
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off.icesF tearooms,'-touristhomes-, animal hospitals,
kennels, among others, shall not be deemed to be
home occupations.
(34) 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.
(35) Hotel, Motel, and Lodge: A building containing three
(3) or more accommodation units, not including time-
sharing 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.
(36) Individual Business Lot: A single business located
on a separate lot_and contained in a single building or
area.
(37) Kennel: Any lot or premises on which four (4) or
more dogs, at least four months of age, are kept.
(38) 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.
(39) Loading.Space: An off-street space or berth on-the
same lot.with a building,-or contiguous thereto, for
the temporary parking of a service of commercial
vehicle while loading or unloading merchandise or
materials, and which abuts upon a street, alley or
other appropriate.means of access.
(40) 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,
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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.
te(a) Front Lot Line: Any property line dividing
the lot from a street, road or highway.
(b) Rear Lot Line: The property line opposite to
and most closely parallel to 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 Development
Review Board shall make the necessary determination.
(d) Lot Area: The total horizontal area within
the lot lines of a lot.
(e) Lot Depth: The shortest horizontal distance
between the front and rear lot lines measured
in the main direction of the side lot line.
(f) Lot Width: The distance between the side lot
lines measured congruent with the front lot
set-back line.
(41) Lot Front: The total distance along the property
line which is contiguous to a street or public mall
serving the property. Only one property boundary may
be considered to meet the lot front definition.
(42) Lot Setback: An open space other than a court, not
in an alley or street, unoccupied and unobstructed
from the ground upward, except as otherwise provided
in this Code.
(a) Front Lot Setback: An area extending the
full width of the lot or parcel, along and
parallel to the front lot line, the depth
of which is measured by the least horizontal
distance between the front lot line and the
nearest wall of any building.
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f (b) Rear Lot
width of
which is
distance
nearest
Setback: An area extending the full
the lot or parcel, the depth of
measured,by the least horizontal
between the rear lot line and the
#all of any building.
(c) Side 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 side lot line and the nearest
wall of any building.
(43) Motor Home: A self-propelled vehicle with accommo-
dations for sleeping, eating, cooking, bathing, or
similar activities, including "campers" having such
facilities when mounted on a motive means.
(44) Multiple Business Lot (Business Center): A lot or
series of lots, buildings, or units containing separate
businesses which are attached or physically related
and operated as a group.
(45) Nursing or Rest Home: A public or private home for
the care of children or the aged,or infirm or aplace
of rest for those suffering bodily disorders, but not
including facilities for the treatment of 'sickness or
injuries, or for surgical care.
(46) Occupied: The word "occupied" includes arranged,,
designed, built, altered, converted, rented or leased,
or intended to be occupied.
(47) 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 'installations, riding rings,
racks and stables and similar facilities.
(48) Parking Area, Private: An open area for the parking
of privately owned automobiles and not for public use.
(.44) Parking Area, Public: An .open area,? other than s=treet,,
used for the temporary parking.of more than four (4)
automobiles and available for public use whether free,
for compensation or as an accommodation for clients or
customers.
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(50) Parking Space: An area, enclosed in the main 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.
(51) Person: The word "person" shall also include
association, firm, partnership, or corporation.
(52) Porch: A roofed entrance to a building, projecting
out from the wall or walls of the main structure and
commonly open to the weather in part.
(53) Professional Office: For use by those such as
physicians, dentists, lawyers, architects, engineers,
accounts and others, who, through training, are
qualified to perform services of a professional nature,
and where a very limited storage or sale of merchan-
dise exists.
(54) Public Institution: A•building occupied by a non-
profit corporation or a nonprofit establishment for
public or semi-public use.
(55) Public Way: Any parcel of land unobstructed from
the ground upward, dedicated or appropriated to the
free passage of the general public.
(56) 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.
(57) Road or Street: A public way other than an alley,
which affords the principal means of access to
abutting property, including private streets.
(58) 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.
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V(59) Sign: An identification, description, logo,
illustration or device which is affixed to or repre-
sented, directly or indirectly, upon a building, struc-
ture, or land, and which directs attention to a product
place, activity, person, institution, or business.
(60) Sign, Area: The entire surface within a single
continuous perimeter enclosing the extreme limits
of writing, representation, emblem, or any figure
or a similar character together with any material
or color forming an integral part of the display
or used to differentiate the sign from the background
against which it is placed. For signs with display
area on more than one side or surface, the total area
of all sides shall be included for side area purposes.
For signs which consist of individual letters, charac-
ters, numbers or figures, the sign area shall be
measured by calculating the surface area within a
single continuous perimeter enclosing the extreme
limits of each individual figure. The sum of the
area for all of the figures shall be considered the
total sign area. This provision shall be applied with
flexibility in computing sign area so as to avoid
signs lacking any border to the limits of the writing,
representation, emblem or other figures or characters
thereon.
(61) Sign, Business: A sign which directs attention to
a business, profession, service, product, activity,
or entertainment, sold or offered upon the premises
where such sign is located.
(62) Sign, Component: A sign which is composed of more
than one individual sign on a common background or
structure.
(63) Sign, Development/Real Estate: A sign which advertises
a proposed development or the sale or lease of
property.
(64) Sign, Directional: Sign located on the property to
which it relates and which only gives direction and
information fro traffic (pedestrian and vehicular)
control.
(65) Sign, Home Occupation: A sign which advertises a
home occupation in a residential zone or area.
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(66) Sign, Illuminated: Any sign designed to give forth
any artificial light or designed to reflect such
light from an artificial source.
(67) Sign, Indirectly Illuminated: Any illuminated
non-flashing sign for which illumination is derived
entirely from an external artificial source and is
so arranged that no direct rays of light are
projected from an artificial source into residential
lots or street.
(68) Sign, Kiosk: A free standing structure which contains
a sign or signs which serve and relate to exclusively
pedestrian areas.
(69) Sign, Lot Entrance: A sign-which is placed at an
entrance to a non-residential lot which identifies
the primary vehiclular entrance. Sign may include
the name of the property or business in addition to
directional information.
(7.0) Sign, Political: A sign which advertises or refers
to persons or issues involved in official elections.
(71) Sign, Portable: A sign that is not permanently
affixed to a post, wall, fence, building or other
structure. A sign on a self-contained stand or
vehicle of any sort located and used for commercial
purposes.
(7-2) Sign, Public: A sign which is-located within a
right-of-way of a public street or road which gives
direction or information for a public use area
including parks, schools, churches, public meeting
rooms, fire stations, hospitals, government buildings,
or other public places or activities.
(73) Sign, Residential: A sign containing no commercial
information, identifying the owner or occupant of a
tract of land which is devoted primarily to
residential use.
(74j Sign, Residential Project Entrance: Any sign which
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identifies a subdivision, or multiple unit residential
building or buildings of at least four(4)living units.
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(35)_ Sign, Special Events: Any sign, banner, pennant, or
other device including advertising and portable
signs.
(76,1 Sign, Window: A sign affixed on or located within
thirty-six inches of the interior surface of a window
fronting a public way.
(77)_ 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.
(78)_ Structure: Anything constructed or erected, which
requires location on the ground or attached to some-
thing having a location on the ground, but not
including poles, lines, cables, or other existing
transmission or distribution facilities of public
utilities.
(7g)_ Terrace, Open: A level and narrow plane, or platform,
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.
(80') Time-Sharing Unit: Any parcel or lot of land or
condominium unit, whether fee interest, leasehold or
contractual right, whereby more than four persons
(ownership of an interest in joint tenancy by two
persons being considered one person for the purpose
of this section) are entitled to the use, occupancy
or possession of such lot, parcel or unit according
to a fixed"or floating time schedule occuring
periodically over any period of time(the use, occupancy
or possession of each person being exclusive of that
of the others). The meaning of "time-sharing unit"
shall include, but not be limited to, a time-share
estate as defined in Section 38-33-110, Colorado
Revised Statutes(1973), as amended.
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(81) Tourist Court: A group of attached or detached
buildings 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.
(82) Tourist Home: A dwelling in which overnight
accommodations are provided or offered for transient
guests.
(83) Townhouse: A single family dwelling unit in a
structure containing three (3) or more units sharing
one or more vertical common or party walls.
(84) Trailer, Automobile: A vehicle without motive power,
designed to be drawn by a motor vehicle and to be
used for human habitation or for carrying persons or
property.
(85) 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.
(86) 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 accordance with the
procedures and requirements set forth in ARTICLE IV. 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.
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Section 3.3 Area and Bulk Requirements
The following schedule of lot area, setback, building height,
open space, building area ratio, and off-street parking require-
ments 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 requirements and excerpts in subsequent sections
of the article.
Refer to the chart of Area and BulkRequirements on pages
24 and 25.
Section 3.4 Specially Planned Areas
Whenever this code or the zoning district map designates
areas in which development will be permitted.only'in
accordance with a plan of development for all or a portion
of the ownership designated, such areas shall be referred
to as Specially Planned Areas. It is the intent of these
provisions that all development shall be pursuant to a
fully approved site plan establishing allowable densities,
uses and required parking, and other zoning matters
therein addressed except that construction of one-family
and two-family dwelling units on previously approved lots .
is exempt from the requirements of this Article. Construction
of one-family and two-family dwelling units on such lots shall
proceed under the Area and Bulk Requirements of Section
3.3 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 Development 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.
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(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. ~~No subdivision of land within the Town
shall occur except in accordance with such regulations
unless the Town Council shall determine that an exemption
from the requirements of subdivisons 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 Development=
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 Development Review Board"and Town Council:
(d) After a precise plan has been adopted, it shall con-
stitute 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 3.5 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.
-25-
(lj 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 princi-
pal 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 Develop-
ment 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 Building 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 including
accessory buildings. The building area of
a building or portion thereof shall include all
exterior walkways, terraces, courts, stairways or
other constructed areas under a projection of a
roof or floor above.
(2) 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 fifth
percent (50%) of such decks shall be calculated;
decks which do not exceed height restrictions
established in this code and which are con-
tructed on the roofs of floors below shall
.not be included in building area ratio calcu-
lations. Grade level decks, porches and patios
shall be excluded from building area "requirements
provided that they are not enclosed or covered
by a roof.
-2E-
(c) Height Provisions: Whenever the finished grade
of a structure deviates from the horizontal "height" means the
average of the vertical distances between the finished grade at
the lowest point, the midpoint, and the highest point of each
exterior wall more than twenty feet in length. Vertical dis-
tances at each point of each wall shall be to the coping of a
sloping roof. Antennas, chimmeys, flues, vents or similar
structures shall not extend over ten (10) feet above the
specified 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
shall.be permitted into lot setback areas except as follows:
(1) In instances in which-the natural grade is
maintained, buildings may extend into the
setback area provided that all construction
is below the natural grade and not in an
easement.
(2) Patios, decks and uncovered porches no more
than 24 inches above finished grade may ex-
tend into setback areas. Roof overhangs may
extend up to 36 inches into setback areas.
(e) The Keeping of House Pets Allowed: In all
residential districts there shall be 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 constitute a
public nuisance." The keeping-of horses-is allowed.by Special
Review in RSF and RD Zoning Districts as specified in Section
3.2
(f)
Mobile Home
mobile home
prohibited
offices may,
residential
Commercial Activity in Exclusively Residential and
Park Districts Prohibited: In residential and
park districts, business or commercial activity is
at all times except that limited home occupation
be allowed under special review uses in certain
areas as specified in Section 3.2.
-27-
(g) Burning of Exterior Open Flame Flares or Fires
is Prohibited, Namely Incineration Type Fires: In all zoning
districts the burning of any exterior 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
Development Review 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
be a minimum six (6) feet high.from grade.
All fences and screening shall be of sound
construction and shall have not more than
ten (10) percent open area and shall have
the approval of the Development 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.
-28-
(4) Storage trailers in connection with
construction projects may be allow-
ed by the Building Administrator;
construction trailers (containing
office space) may be allowed by
the Development Review-Board.
Section 3.6 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 3.3 of this Code.
(b) If land area, structure or use (in existence-on
the effective date of this ordinance) is enlarged, changed,.
or expanded, 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 3'.7 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 (7116") 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 Development Review Board,
and be maintained in a usable condition at all times.
(b) A maximum of 20% of the number of parking
spaces required by this ordinance may be small car spaces
(8' x 16') under the following conditions:
(1) Small car spaces must be covered by. a , roof .
(2) Small car spaces must be.clearly identified
by signs or other adequate means.
(3) Small car spaces must not be located so as to
cause a general traffic circulation problem
if occupied by larger vehicles.
-29-
(c) 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.
(d) No off-street parking area shall be used
or 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.
(e) Required off-street parking spaces 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.
(f) 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
(g)._ . Lighting facilities shall be arranged so that
lights neither unreasonably disturb-occupants of adjacent
residential-properties nor interfere with driver vision.
(h) Responsibility for complying with these re-
quirements rests with the owner of the property. If, upon
review by the Building Inspector, any required parking spaces
or areas are not fully usable, the matter may be-brought
before the Development Review Board fora resolution and
appropriate action.
Section 3.8 Off-Street Loading Spaces:
(a) Off-street loading spaces'are required '(as
specified in.the area and bulk requirements, Section 3.3
of this Code. All required loading spaces shall be con-
structed as close to the building as practical and shall
be designed to be safely and conveniently accessible by
service vehicles as determined by the Board.
-30-
Section 3.9 Loading Spaces-Common Provisions:
(a)..-All parking and loading spaces shall be
provided with adequate clear manuevering space and drive-
way access. The Board shall evaluate each plan to
determine safe convenient use of-all spaces.
Article .I'V. SIGNS
Section 4.1 Sign-Allowance: Signs are not permitted except
as-listed specifically herein. Signs are permitted as
follows:
(a) 'Individual Business Lot Sign:
(1) Sign or signs not.to exceed, one square
sign area per lineal foot of building front for
the first 32 feet and 1/,3 square foot of sign
area per lineal foot of building front in excess
of 32 feet. No sign shall exceed a maximum area
of 64 square feet unless the sign and design there-
of are determined by the Development Review Board
to be consistent with the size and design of the
building to which the sign is attached.
(b) Multiple Business Lot Signs:
(1) Sign area not to exceed one square foot
per lineal foot of building front for the first
32 feet or portion thereof and 1/3 square foot per
lineal foot of building front in excess of 32 feet.
Total sign area shall not exceed a maximum area of
64 square feet unless the sign and design thereof
are determined by the Development Review Board to
be consistent with the size and design of the
building'to which the sign is attached.
(2) Each individual business shall be per-
mitted 12 square feet of sign,area in addition to
that permitted by subsection (1) hereof.
-31-
(3) The total sign allowance may be apportioned
within the lot or building in any manner the applicant
chooses, provided that all other requirements are com-
plied with.
(c) Multiple Signs: More than one sign provided the
total area does not exceed the total allowance on the lot
or building.
(d) Kiosks: Shall be located only in exclusively
pedestrian areas. The display area shall not exceed 6 feet
in height and shall not exceed 4 feet in any horizontal
direction.
(e) Window Advertising Signs: Are permitted provided
that no more than 25% of the exterior window area is covered
by signs, further provided that the wording thereon is not
repetitious of other signs in the immediate vicinity.
(f) Home Occupation Signs: Provided that:
(1) there be only one sign per home occupation;
(2) no sign shall exceed 2 square feet.
(3) Home Occupation Signs have been approved as,a
Special Review Use.
(g) Component Sign: Provided that the total area does
not exceed the permitted maximum for any building or lot
calculated cumulatively with all other signs:
(h) Development Signs: Provided that:
(1) only one sign per parcel, lot, or group of
contiguous lots under one ownership not to exceed 16
square feet of display area and 8 feet in height;
(2) signs must be removed wihtin 30 days-of
completion of development or land sales;,
(3) in no case may a sign be retained for more
than 2 years unless an extension is granted by the
Development Review Board.
(4) signs may contain only the project name and
the names and addresses of the owner, contractor,
architect, engineer, and real estate broker (s).
(i) Real Estate signs are not permittedlunless displayed
from inside of a window and may not be any'larger than two (2)
square feet.
(j) Residential Project Entrance Signs: Provided that:
(1) one sign located adjacent to the primary
entrance not to exceed 32 square feet in area and
8 feet in height;
(2) one sign per secondary entrance not to exceed
16 square feet in area and 8 feet in height.
(k) Political Signs: Provided that:
(1) There be no more than one sign'per'lot or building;
-32-
(2) the sign shall not exceed 8 square feet in
area and 8 feet in height;
(3) signs shall not be installed more than 90 days
before the election to which it relates;
(4) signs shall be removed within 10 days of the
election or event to which it relates;
(5) no approval shall be required if the above
conditions are met.
(1) Portable Signs: Provided that the sign does not
exceed four square feet and is used only during the business
hours of the business advertised.
(m) Sign Supports: Supports for signs shall not be
included within sign area calculations except in a case of
excessive support area for the purpose of evading the sign
area limitation, as determined by the Developnent Review
Board.
(n) Illuminated signs and Indirectly Illuminated Signs:
Provided that such signs shall be.-illuminated only during hours
of operation of the business it serves. Flashing signs are not
permitted.
(o) Sign Height: No free-standing sign shall exceed
twenty-five feet or the height of the highest building on the
lot, whichever is less.
(p) Lot Entrance Signs: Provided that:
(1) a maximum of one sign for each non-residential
lot is permitted;
(2) sign shall not exceed 5 feet in height and 4
square feet of display area;
(3) lot entrance signs shall be exempt from the
setback requirement.
(q) Setback Limitation: Free-standing signs shall be
setback at least 10 feet from all lot lines.
Section 4.2 Sign Maintenance, Repair and Removal.
(a) Violation-Notice: If the building administrator
finds that any sign is maintained in violation of the provisions
of this title, he shall give written notice of the violation by
certified mail to the owner or person entitled to possession
of the sign or the owner of the property where the sign is
located.
(b) Failure to Comply-Town Abatement: If the person
fails to alter or remove the'sign so as to comply with this
title within fifteen days after the receipt of the notice,
the building administrator may cause the sign to be altered
or removed at the expense of the owner or person entitled to
possession of the property or sign, and shall, upon the
determination of the expenses, certify them to the Town Clerk,
(c) Lien: The Town Clerk shall notify the owner or
person entitled to possession of the sign or property of
-33-
the total costs incurred for the alteration or removal of the
sign, and if that person fails within thirty days after the
date of notification to pay the entire costs and expenses
shall become a lien against the property, and the Town Clerk
shall certify them to the County Treasurer for collection in
the same manner as general property taxes are collected.
(d) Costs: The amount certified by the Town Clerk to
the County Treasurer for collection shall include the actual
cost of repair or removal of the sign plus fifteen percent
and in addition thereto shall include an amount equal to
ten percent, representing penalty and interest for the cost
of collection.
(e) Maintenance Required-Enforcement: All signs in the
Town shall be pro-perly maintained at all times to the satisfac-
tion of the Development Review Board. The Board shall have-
the authority to order the painting, repair, or removal of a
sign and accompanying lanscaping which constitutes a hazard
to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescense or abondonment. Their
decision shall be subject to review by the Town Council in
accordance with Article V hereof. Notification shall be by
certified mail. If, within fifteen days, the maintenance
orders are not complied with, the building administrator may
order the sign removed at the owner's expense under the
provisions of Sections (a) through (e) hereof.
Section 4.3 Exempted Signs: All signs listed herein below shall
be exempt from this regulation :
(a) All signs located on public rights-of-way or land
used for regulatory or information purposes.
(b) All fine art.
(c) Signs on trucks, trains, automobiles, airplanes
and other vehicles that are in working condition and not
placed in a specific location on regular basis for the
purposes of evading sign regualtions, provided that the
surface area is not increased for the display of signs.
(d) Holiday and religious decorations used for specific
celebration purposes and displayed on a temporary basis and
not used for commercial purposes.
(e) One political, special event, or temporary sign
per lot not to exceed 6 square feet. Any temporary sign may
remain in place no longer than three days.
(f) Window Sign - two square feet of window area for
the display of hours of operation, credit card information,
and similar general information items not including advertising.
(g) A residential sign not to exceed three square feet
in area.
(h) Directional signs, provided that the total area
of each sign shall not exceed four square feet in area, shall
not exceed five feet in height, and shall be reasonable in
number and location in light of their funciton.
Section 4.4 Construction Code. The Uniform Building Code and the
-34-
codes incorporated therein shall be used'in determining use of
materials and construction methods in the erection or placement
of signs. No sign shall be placed unless and until construction
plans have been approved by the Development Review Board and,
a building permit issued by the Building Administrator unless
the sign is exempted herein.
Article V. DEVELOPMENT REVIEW BOARD
Section,5.1 Board - Organization - Regulations.
(a) There is created hereby an Development Review
Board of the-Town of Avon composed of seven (7) members
appointed by the Town Council to which is'delegated the
powers and duties to administer"this Ordinance. The initial,
board shall be the Design Review Board now actinct
pursuant to Ordinance No. 78-9, Series of 1978..
(b) At least three members shall be full-time legal
residents of the Town of Avon and also own real property
within the Town of Avon. Other members may be selected
from areas within the County of Eagle, provided they shall
be full-time legal residents,of the County and willing to
serve, priorities shall be given to,,respectively, a Colorado
licensed architect, a landscape architect, a licensed pro-
fedsional civil engineer and a building contractor or~super-.
intendent of building construction, or other person
qualified by experience and training to pass on matters
pertaining to building construction. Provided, however,, at
no time shall there be more than two.membe,rs from.the same
profession or business.
The term of office for a member shall be three
years. on an over-lapping teriure,;..provided, however, that
of the members initially appointed," two members shall-serve
for terms of two years and three members shall serve for
terms of three years, respectively, and after the expiration
of the initial terms, each member subsequently appointed
shall serve for a term of three years.
(c) A vacancy on the Development Review'Board~shall
occur whenever a member of the Board is removed by the Town
Council, died, becomes incapacitated and unable to perform
-35-
his duties for a perior of
resident of the community
convicted of a felony. In
Town Council shall appoint
and serve the remainder,of
90 days, resigns, ceases to be a
as appropriately required, or is
the, event a vacancy occurs, the
a successor to fill-the vacancy
the term of the former member.
(d) All members of the Board shall serve with compen-
sation at the rate of twenty-five ($25.00) dollars per.each
attended meeting, not to exceed one-hundred ($100.00),dollars
per month, and be reimbursed for all authorized personal
expenses incurred while performing duties as a Board Member.
(e) The Board shall select its own chairman and vice-
chairman from among its members and shall appoint a recording
secretary, who may be compensated according to the rules and
regulations of the Board. The chairman or, in his absence
the vice-chairman, shall be the presiding officer of its
meetings. In, the absence of both the chairman and vice-
chairman from a meeting, the members present shall appoint
a member to serve-as acting chairman at-the meeting. All
meetings shall be held at the Avon,Municipal Complex, unless
otherwise specified.with adequate notice given to all inter-
ested parties. Four members shall constitute a quorum for
the transaction of business, but in the absence of a quorum,
a lesser number shall adjourn,any meeting to a later time
or date, and in the absence of all members, any staff member
shall adjourn any meeting to a -later time or date.
(f) The Board shall operate in accordance with its own
rules of procedure as provided for in Section.11,2 of the Town
Charter. The rules shall be filed with the Town Clerk and
maintained in the records of the Town and shall be subject to
public inspection; provided, however, that the Board shall
submit its proposed rules or any amendment thereto to the
Town Council which by motion shall approve the rules or
amendment and direct their adoption by the Board or disapprove
the proposal with directions for revision and resubmission.
The initial rules of the Board shall be the rules heretofore
adopted by the Design Review Board pursuant to Ordinance
No.78-9, Series 1978.
(g) The Board is authorized to retain the services of
one or more consulting architects, engineers, landscape
architects, or urban designers, provided funds have been
appropriated,by the Town for said purpose, to advise and
-36-
-assist the Board in performing the functions prescribed in
this ordinance. The consultants may be retained to advise
the Board on a single project, on a number of projects, or
on a continuing basis.
(h) The Board shall meet upon call of the chairman.
Meetings shall be called sufficiently frequently that the
design review procedure prescribed in this ordinance
shall commence within thirty days of submission of all
materials hereinafter required.
(i) The rules and regulations adopted by the Board
shall include provision for the submission of materials and
information on any proposed building or development for
action by the Board. The rules and regulations shall include
procedures, schedules, content and quantities of materials
to be submitted.
(j) The owner or authorized agent of any proposed
project requiring design approval as prescribed in this
Ordinance shall submit all of the required material and
information to the Town Clerk; any application found
incomplete shall not come before the Board. The Board
Chairman may determine, within five days of a written
request by an applicant, that certain material or information
is not needed and may be excluded from the initial appli-
cation submission.
Section 5.2 Board - Powers and Duties. It shall be the duty
of the Development Review Board to review applications
pertaining to the following:
(a) Plans for development including the design
thereof
(b) Special review uses
(c) Variances from the strict area requirements
of this ordinance including sign variances.
(d) Interpretation of this ordinance.
(e) Determination of the boundaries of zone district
(f) Location of above-ground utilities
(g) Transfer of density units
(h) Specially planned areas
-37-
Section 5.3 Board - Procedures in General.
(a) Any application for review shall be considered
at a public meeting within 30 days.of receipt of the same.
Except in the case of review of plans for development and
interpretation of this ordinance notice of such hearing shall
be published at the expense of the applicant in a newspaper
of general circulation within the Town or posted in at least
three public places within the Town, in addition to posting.-
at the office of the Town Clerk,.at least fifteen days prior
J
to the hearing date. Further, a copy of such notice shall
be mailed to all property owners.within 300 feet of the property
in question, by regular mail, at least fifteen days prior
to the meeting, and certificate of such mailing shall be
filed with the Development Review Board.
(b) Except in the case of interpretation of this
ordinance or determination of boundaries, the application
shall be supported by documents, maps, plans, and other
material containing the following information:
(1) Name and address of the owner and/or applicant
and a statement that the applicant, if not the owner,
has the permission of.the.owner to make application
and act as agent for the owner;
(2) Legal description, street address, and other
identifying data concerning the site;
(3) A description of the precise use proposed and
its operating characteristics, and measures proposed to
make the same compatible with other properties in the
vicinity;
(4) A site plan, showing proposed development of
the site, including topography, building.or structure
locations, parking, traffic,circ ulation,-usable open
space, landscaped area, and utilities and drainage
features;
(5) Preliminary building plans and evaluations
sufficient to indicate the dimensions, general appearance,
scale, and interior plan of all buildings;
(6) Such additional materials as the Development
Review Board may prescribe or the applicant may submit-
-38-
pertinent to the application and to the findings pre-
requisite to the issuance of a variance.
(7) it is the intent of this ordinance that all
matters-with respect to any one project or development
including design, any special use, any variances
requested and density transfers be contained in one
application and considered at one hearing before the
Board;
(8) Each application shall be accompained by a
fee in the amount of $100..00 to cover the cost of
processing; together with any actual costs to be-incurred
in connection with notification.
(c) In all Zoning Districts, no development shall be
permitted.until the Development Review Board approves the
development plans.
(1) Nothing herein shall,e:
from satisfying the requirements
Regulations of the Town of Avon.
land within the Town shall occur
with such regulations uniess.the
determine that an exemption from
subdivision is appropriate.
tempt any applicant
of-the-Subdivision
No subdivision of
except in conformity
Town Council shall-
the requirements of
(2) Any landowner seeking development permission
shall, prior to filing an application for a building
permit, file with the Development Review Board a pre-
scribed application for the approval of a precise
plan for all or a portion of his area.
(3) No building or other structure or improvement
shall be erected or constructed except in compliance
with the plans approved by the'Board. Nor shall any,
completed building or other structure or improvement.
be reconstructed or altered, as to use, density,
parking or loading requirements, height-, or lot
coverage, unless such reconstruction or alteration
shall have first been approved by the Board.
Section 5.4 Board - Standards for Review.
(a) Development review shall be governed by the
following-standards:
-39-
(1) To"prevent excessive or unsightly grading of
property which could cause,distuption of natural water-
courses or scar natural landforms;
(2) To ensure that the location and configuration
of structure's, including signs.and signage, are visually
harmonious with their sites and with surrounding sites
and structures, and that there shall be-conformance to
the Master Plan of record'of the Town of Avon;
(3) To ensure that the architectural design of
structures and their materials and colors are visually
harmonious with the Town's overall appearance, with
surrounding development, with natural and existing
landfordms, and with officially approved development
plans, if any, for the areas in which the structures are
proposed to be located;
(4)" To ensure that plans for the landscaping of
property and open spaces conform with the rules and
regulations as prescribed by the Town and by'this.
ordinance, and to provide visually pleasing settings
for structures on the same site and on adjoining and
nearby sites.
(b) Procedure for Special Review Uses.
(1) Special review shall'be governed by,the
following standards:
Ca) 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 do
mestic needs.
Cd) Whether there will be provided sufficient
off-street parking as determined by Cl) the intended
use of the property; (2) walking distance to the
downtown area and (3) the availability of public
transportation.
-40-
(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 aesthe-
tical features.
(2) The Board, in approving a Special Review Use,
shall make a finding that the standards in (1) above 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.
(3) The 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.
(c) Procedure for Variances.
(1) In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent
with the objectives of this Ordinance as would result from
strict or literal interpretation and enforcement, variances
from certain regulation may be granted. A practical diffi-
culty or unnecessary physical hardship may result from
the size, shape or dimensions of a site or the location
of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations, or
traffic conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal com-
pliance with a regulation shall not be a reason for grant-
ing a variance. It is not the intent of this Ordinance,
however, to allow variances in the classification of uses
of property.
(2) Before acting on a variance application, the
Board shall consider the following factors with respect
to the requested variance:
(a) The relationship of the requested variance
to other existing or potential uses and structures in the
vicinity:
(b) The degree to which relief from the strict
or literal interpretation and enforcements of a specified
- 41 -
regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity, or to
attain the objectives of this Ordinance without grant of
special privilege;
'F (c) The effect of the requested variance on light
and air, distribution of population, transportation and
traffic facilities, public facilities and utilities, and
public safety;
(d) Such other factors and criteria as the Board
deems applicable to the proposed variance.
(3) The Development Review Board shall make the following
following written findings before granting a variance:
(a) . That the granting of the variance will not con-
stitute a grant of special privilege inconsistent with the
limitations on other properties-classified in the same district
(b) That the granting of the variance will not be
detrimental to the public health, safety,, or welfare.or rmateri-
ally injurious-to properties or-'improvements in the'vicinity;-
(c) That the variance is warranted for one or more
of the following reasons:
(1) The strict, literal interpretation and en-
forcement of the specified regulation would result in
practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this Ordinance.
(2), There are exceptional or,extraordinary cir-
cumstances or conditions applicable to the site of the
variance that do not apply generally to-other properties
in the same zone;
(3) The strict or literal interpretation and en-
forcement of the specified regulation would deprive the
applicant of privileges enjoyed by the,owners of other
properties in the same district.
(4) The granting of a variance may be conditioned
on action by the applicant,
(d)- Procedure for signs:
(1) Variances for requirements for signs may be
granted where hardship would otherwise occur.
-42~
L2~ In the case of a multiple business lot
or business center including more than one business
under separate lease, the applicant may submit or
may be required to submit a comprehensive plan for
signing of the entire building or business center.
Upon approval-of such a comprehensive planeand
upon determination by the building administrator
that an individual sign complies with the plan,
a building permit forethat sign shall be approved
-by the building administrator without further
application to the.Developiment Review Board.
(e) The Board, in reviewing any other application,
shall be-governed by the overal-1 intent of this Ordinance.
Section 5.5 Board - Appeals - Council Action - Recess.
(a)'% Within seven days following action by the Board, the
written findings and decision shall be.transmitted to the appli-
cant and to the-Town Council, except in the case of special re-
view uses and transfer of density units. Such decision shall be
final unless; within seven days of receipt of the decision, an
appeal is filed with the Town Council by the applicant, the Town
Attorney or any interested party. Any appeal shall be accompanied
by an additional fee in the amount of $50.00. At its next regu-
larly scheduled meeting following receipt of an appeal, the
Council shall consider the action of the Board and may confirm,
modify, or reverse its decision. The Council shall act in
accordance with the same criteria, and shall make the same find-
ings as hereinabove prescribed.- The action of the Council'shall
become final immediately.
(b) In the case of special review uses and transfer of density
units, the decision of the Development Review Board shall not be
final until the same has been reviewed by the Town Council. Such
review shall occur within 45 days of the decision of the Develop-
ment Review Board.
(c) The Town Council or Development Review Board may recess
any hearing hereunder in order to obtain additional information'or
to serve further notices upon other property owners or persons
whom it decides may be interested in the proposed variance. Upon
recessing for this purpose, the time and date when the hearing will
be resumed shall be announced. The hearing shall be reconvened
within a thirty day period.
- 43 -
(d1 The Town Clerk. shall notify the applicant in
writing of the.Town Council's action within seven days (7)
after a decision has been rendered.
Section 5.6 Lapse of Approval.
Approval of a project as prescribed-by this ordinance shall
lapse and shall become void two years following the-date of final
approval of the project as prescribed by ordinance, unless prior
to the expiration of two years a building permit is issued and
construction is commenced and diligently pursued toward completion.
ARTICLE'VI. AMENDMENTS TO ZONING CODE AND DISTRICT MAP
Section 6.1 Authority
The Town Council may, from time to time, amend, supplement
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 Development Review Board. -Amendments
to the Zoning District Map may be initiated by the Town Council,
Development 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 Development. Review Board
(a) Amendments to the Eoninq__Code or the Zoning-District
Map, proposed by the Development 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 Development Review Board before 'the public.hdaring
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
information the Development Review'Board requires.
(c) The,,Development Review Board shall-hold a public
hearing on the proposed amendment provided that notice of
-44-
such hearing shall be given as follow:
(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.associ:ation.
(d) Following conclusion of such public hearing, a
report and recommendation on the proposed amendment by.the
Development Review Board shall be forwarded to the-flown
Council within 30 days.
(e) The Town Council shall, after receiving the report
and recommendations from the Development Review~Board, hold
a public hearing,and act upon the proposed amendment as pre-
scribed 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
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 an 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 available 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 Development Review Board.
- 45 -
(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 addresses of all owners of real
property in the area of the proposed change;,
(2) The names and addresses of all owners of
real property within three hundred (300) feet of the.
area 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 processing
of the application.
(c), The Development 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 Development Review Board shall hold 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 pub-
lication, 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 writ-ten 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 proposed
change and within 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 homeowner's
association.
-46-
(e) Following such public hearing, a report and recom-
mendation on the proposed amendment bythe Development
Review Board shall be forwarded to the Town Council.
(f) The Town Council shall, after receiving the report
and recommendations from the Development-Review Board, hold
public hearing 'and act upon the proposed amendment as pre-
scribed 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 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 requirements for Ordinance adoption.
(b) Whenever the Council shall
to review an application by a private
in the text of the, Zoning Code or the
applicant, and all parties interested
an opportunity to be heard,-,to presen
to procure an adequate record and the
of the hearing or upon-continuance of
certain, shall make findings adequate
of the reasons for approval or denial
relied upon for such-action.
have set a public hearing
landowner for a change
Zoning District Map, the
therein,. shall be given
t and rebut evidence, and
Council, at the close
the matter to'a time
to apprise the applicant
and the specific grounds
Section 6.7 Temporary Suspension of Building Permits.
(a) Whenever the Council or the Development 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 Development 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 Administrator which permits would be prohibited by
the proposed amendment for .a period of one year following
the date of such Development Review Board resolution.
Provided, however, if the Town Council should, by resolution,
-47-
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 th-
rown 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 regulations 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 Development 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 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'int'ent 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, not 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
conttaued so long as it remains otherwise lawful, provided:
Ca-j_ No such nonconforming use shall be enlarged or
increased, nor extended to occupy greater area of land than
-48-
,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 uniform 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 nonconforming 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-or restrictions on area, lot
coverage, height; location on the lot, or other requirements concern-
ing the structure, 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 noriconforming.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.
- 49 -
w
gection 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 madet 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 anonconforming 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 conforin-
ity 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.
Destruction for the purpose of this subsection is defined as
loss of 50% or more or of substantial damage to the structure.
- 50 -
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 or acquired either in whole
or in part, so as to"create a new noncon.forming,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" nor 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 alot required as a
site 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 sub-
sequent 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. o.f _ Use Classif i:c4t_ions Y
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 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.A ND REMEDIES: LIABILITY-OF TOWN: REPEALER
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 x'equ}xeme ts, of the: Zoa4n.9r-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.
- 51 -
(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 statement in the
application therefor, or in supporting documents or oral state-
ments, 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
authroized 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 building 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 Development 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
r
-52 - ,
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) or-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 building administrator is authorized and
directed to enforce the provisions of this Code and, for
such purpose, shall have the powers of a law enforcement
officer.
(d) The,Town Attorney shall, immediately upon such
violation being called to his or her attention, institute
injuctive, 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.
(e) The imposition of any penalty hereunder shall
not preclude'-the Town or affected property owner from instituting
any appropriate action or preceding to require compliance
with the provisions of this Zoning Code..
(f) 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.
Section 8.6 Repealer
Ordinances Numbered 79-12, 81-1, 81-4, 78-9 and 81-9 are-
hereby repealed-
, 53
I
Section 8.7 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 jurisdiction, 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.
INTRODUCED, PASSED,
PUBLISHED ONCE IN F'
A PUBLIC HEARING ON
OF THE TOWN COUNCIL
DAY OF
OF THE TOWN.
READ ON FIRST READING, APPROVED AND ORDERED
JLL, THIS DAY OF , 1981, AND
THIS ORDINANCE SHALL BE HELD AT THE MEETING
OF THE TOWN OF AVON, COLORADO, ON THE
, 1981, AT 7:30 P.M, IN THE MUNICIPAL OFFICES
ayor-
ATTEST:
Town Clerk
INTRODUCED, PASSED, READ ON SECOND READINGO APPROVED AND ORDERED
PUBLISHED THIS DAY OF , 1981.
Mayor
ATTEST:
Town Clerk
- 54 -
•
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 14th DAY OF
JULY, 1981 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO, 81620 FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF
ORDINANCE NO.#81-22, SERIES OF 1981:
AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF'AVON;-PROVIDING
FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING DEFINITIONS AND
REGULATIONS; ESTABLISHING AN ENVIRONMENTAL,REVIEW BOARD, OUTLINING
ITS.FUNCTION IN RELATION THERETO; AND PROVIDING PROCEDURES AND
STANDARDS THEREFOR; REGULATING AND-REQUIRING OFF-STREET PARKING;
REGULATING SIGNS; PROVIDING FOR NON-CONFORMING USES AND STRUCTURES;
WITH PROVISIONS FOR.INTERPRETATION, REVOCATION AND INVALIDATION 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.
This notice given and posted by order of the Town Council-of the
Town of Avon, Colorado.
Dated this 30th day of June, 1981
TOS
BY
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JUNE 30, 1981:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST
OFFICE,
THE MAIN ENTRANCE OF CITY MARKET,
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE-IS HEREBY GIVEN THAT A SPECIAL MEETING OF.THE TOWN COUNCIL AND
THE DESIGN REVIEW-BOARD.OF THE TOWN OF AVON, COLORADO WILL-BE HELD
WEDNESDAY SEPTEMBER 23,1981 AT 7:30 P.M. IN THE MUNICIPAL BUILDING,
400 BENCHMARK ROAD, AVON, FOR-THE PURPOSE OF DISCUSSING AND CONSIDERING
THE FOLLOWING:
'0 RDINANCE-NO.#81-22, SERIES OF 1981, AN'ORDINANCE ADOPTING A
ZONING CODE FOR THE TOWN OF AVON; PROVIDING FOR,ZONE DISTRICTS-
AND AN OFFICIAL MAP;'PROVIDING DEFINITIONS AND REGULATIONS;
ESTABLISHING AN ENVIRONMENTAL REVIEW BOARD, OUTLINING ITS'FUNCTION
IN RELATION THERETO; AND PROVIDING PROCEDURES AND STANDARDS THEREFOR;
,REGULATING AND -REQUIRING OFF-STREET PARKING; REGULATING SIGNS;
PROVIDING'FOR NON-CONFORMING USES-AND'STRUCTURES;~ WITH PROVISIONS
FOR INTERPRETATION, REVOCATION AND INVALIDATION OF PERMITS;
PROVIDING PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT
ADDITIONAL DETAILS IN RELATION THERETO.
THIS MEETING IS OPEN TO THE PUBLIC
TOWN- OF AVO
Patricia J. Doyle
Town Clerk
POSTED IN THE FOLLOWING PUBLIC PLACES ON SEPTEMBER 22, 1981:
NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER,
MAIN ENTRANCE TO CITY MARKET,
PESTER,GAS STATION; AND
MUNICIPAL BUILDING IN-THE MAIN LOBBY
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