TC Ord. No. 1982-14TOWN OF AVON
ORDINANCE N0.#82-14
Series.of 1982
AN ORDINANCE CONCERNED WITH DEFINING THE TERM
"LOCK-OFF UNIT", INCLUDING THE USE OF PROPERTY AS
"LOCK-OFF UNIT" IN THE TOWN CENTER AND RESIDENTIAL
HIGH DENSITY AND COMMERCIAL ZONE DISTRICT,
CONCERNED WITH ESTABLISHING A PROCEDURE FOR.
GRANTING THE ISSUANCE AND REVOCATION OF AUTHORITY
FOR SPECIAL REVIEW USES, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
WHEREAS, the Town Council of the Town of Avon has
determined that it is necessary and desirable to adopt
certain amendments to the Municipal Code of the Town of Avon
relating to "lock-off units", special review uses in the
Town Center and Residential High Density and Commercial Zone
District, and the authoriation of special review uses which
are revocable and suspendable, and to-provide penalties for
the violation thereof:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON:
Section 1.
There is hereby added to the municipal code
of the Town of Avon a new section identified as S17.08.375,
which is to read as follows:
17.08.•375. Lock-off. "Lock-off" means any portion of
a dwelling unit or accomodation unit capable of being
secured for access and occupancy separately from other
portions of such unit having cooking or kitchen facilities.
Section 2. That portion of line (5) of the Chart
contained in section 17.20.010.D of the Municipal code of
the Town of Avon is hereby amended to read as follows:
Open use recreation (no horses allowed);
indoor recreation; motorized vehicle
showrooms; signs as per sign code; public
uses; time sharing units; lock-off units
Section 3. That portion of Line (9) of the Chart
contained in Section 17.20.010.D. of the Municipal Code of
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the Town of Avon relating to "Special Review Uses" is hereby
amended to read as follows:
Outdoor recreation; pedestrian rest areas;
indoor recreation; public uses; private
commercial transportation facilities;
lock-off units.
Section 4. There is hereby added to the Municipal Code
of the Town of Avon a new section identified as S17.20.045-,-
which is to read as follows:
17.20.045. Revocation or Suspension of Special
Review Use Authorization.
A. The Design Review Board, may at the time of the
authorization of-any Special Review Use, determine that the
use shall be subject to revocation and suspension, due to
the uncertainty of the effect of such use on the
neighborhood, public services and/or public or private
support facilities, such as but not limited to parking.
B. In the event the Town Council has reason to
believe, subsequent to authorization of any special review
use subject.to revocation or suspension, that any such
special review use, or the cumulative effect of such uses in
a single project, is injurious to the health, safety or
welfare_ of the neighborhood, or creates a burden in excess
of the actual capacity of public services or public or
p"rivate'support facilities, the.Town Council may conduct a
public hearing to determine whether the authorization for
the special review use shall be revoked or suspended.
C. If, subsequent to a hearing conducted in
conformity to the requirements for hearing for Special
Review Uses then in effect, notice of which is given to the
owners of the property, or their agents created by ordinance
or otherwise, as well as to the public, the Town Council
determines that the effect of a Special Review Use, or the
cumulative effect of more than one Special Review Use in a
project, is significantly injurious to the health, safety
and welfare of the neighborhood, or is in excess of the
capacity of public services or public or private support of
facilities, then any such Special Review Use authorized
subject to revocation or suspension shall be revoked or
suspended. Suspension of such authorization shall be
imposed only in situations where owners are able to
demonstrate that the injury may be corrected or the
inadequate services or facilities may be made adequate
within a reasonable time. In any case where such injury or
inadequacy was may not be corrected within a reasonable
time, such authorization shall be revoked.
Section 5. Violations-Penalties 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
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to any provisions of this zoning code is declared to be a
violation of this zoning 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 five hundred dollars or imprisonment
for a period of not more than ninety days, or both such fine
and imprisonment. Each day any violation of this zoning
code continues will constitute a separate offense.
C. The town attorney shall,.immediately upon such
violation being called to his or her attention, institute
injunction, abatement, or other appropriate action to
prevent, enjoin, abate or remove su-ch.violation. Such right
of action shall also accrue to any property owner who may be
especially damaged by any violation-of this zoning code.
D The imposition"of any penalty under this
zoning,code shall not preclude the town or affected property
owner from instituting any appropriate action or proceeding
to require compliance with the provisions of this zoning
code.
E. Any remedies provided for in this section
shall be cumulative and not exclusive and shall be in
addition to any other remedies provided by law.
INTRODUCED, PASSED ON FIRST READING, I APPROVED AND ORDERED
POSTED, THIS . day of
. 19
and a public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the day of , 19 at
7:30 P.M. in the Municipal Building of the Town of Avon,
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Colorado.
Mayor
ATTEST:
Patricia J. Doyle
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this day of , 19
Mayor
ATTEST:
Patricia J. Doyle
Town Clerk
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