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TC Ord. No. 1983-10TOWN OF AVON ORDINANCE NO. 83-10 Series of 1983 AN ORDINANCE CONCERNED WITH DEFINING THE TERM "LOCK-OFF", INCLUDING THE USE OF PROPERTY AS "LOCK-OFF" IN VARIOUS ZONE DISTRICTS CONCERNED WITH ESTABLISHING AND AMENDING OFFS'TREET PARKING REQUIREMENTS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. 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 Section 17.08.375. which is to read as follows: "17.08.375. 'Lock-off unit' means a room or group of rooms which although built as part of a dwelling or accomodation unit may be locked-off from the main portion of the unit and entered without going through the main living unit. Such room or rooms shall be considered and treated as accomodation units for density and parking requirements. All such rooms must be capable of functioning as part of the main living unit. Lock-off units used as accomodation units may include bathroom facilities but shall not include a cooking area or cooking facilities. Section 2. That portion of line (3) of the Chart contained in Section 17.20.010.D of the Municipal Code of the Town of Avon relating to "Special Review Uses" is hereby amended to read as follows: "Open use recreation (no horses allowed); limited home occupation office; signs as per sign code; public uses; lock-off units." Section 3. That portion of line (4) of the Chart contained in Section 17.20.010.D of the Municipal Code of the Town of Avon relating to "Special Review Uses" is hereby amended to read as follows: "Open use recreation (no horses allowed); limited home occupation office; signs as per sign code; public uses; lock-off units." 0 -0, Section.4. That portion of line (5) of the Chart contained in Section 17.20.010.D of the Municipal Code-of the Town of Avon relating to "Special Review Uses" 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 5. That portion of line (8) of the Chart contained in Section 17.20.010.D of the Municipal Code of 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; lock-off units." Section 6. That portion.of line (9) of the.Chart contained in Section 17.20.010.D of the Municipal Code of. 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; time sharing units; lock-off units." Section 7. Section 17.20.050 of the Municipal Code of-the Town of Avon shall be amended by the addition of. a new subsection, identified as Subsection 17.20.050.C., which Section shall read as follows: "17.20.050.C. For purposes of calculating allowable density in any district in which locked-off accomodation units are allowed as special review uses, each bedroom in excess-of three bedrooms in a living unit shall-be counted as an additional one-third-of a,density unit. No . more than two such accomodation units shall be permitted to be locked-off from a main living unit." Section 8. Violations-Penalties and Remedies. A. The erection, construction, - reconstruction, alteration, moving, conversion or maintenance of any build- ing or structure and the use of any land, structure or building which is continued, operated or-maintained contrary to any provisions of the zoning code is-declared to be a violation of this zoning code and unlawful. B. Any person or corporation, whether as princi- pal, agent or employee, who violates any provision of-this zoning code shall be, for each offense, punished by a'-fine - 2.- 0 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, insti- tute injunction, abatement or other appropriate action to prevent, enjoin, abate or remove such violation. Such right of action shall also accrue to any property owner who may be especially damaged by any violation of this zoning code. D. The imposition of any penalty 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, APPROVED AND ORDERED POSTED, THIS 12th day of April, 1983 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 26th day of April, 1983 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. ttingham,- ayor ATTE T: Patricia J oyle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1983. r- All ,R. tingha , Mayor T: Patricia J. Town Clerk 0:2Rev4/19/83 • STATE OF COLORADO COUNTY OF EAGLE TOWN OF AVON SS 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 8TH DAY OF MARCH, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE'OF CONSIDERING THE ADOPTION OF ORDINANCR NO. #83-101 SERIES OF 1983: AN"ORDINANCE CONCERNED WITH DEFINING, THE TERM-"LOCK-OFF", INCLUDING THE USE OF PROPERTY'AS "LOCK-OFF" IN VARIOUS ZONE DISTRICTS CONCERNED WITH ESTABLISHING.AND AMENDING OFFSTREET PARKING REQUIREMENTS, AND,PROVIDING PENALTIES FOR THE VIOLATION THEREOF. A copy of said Ordinance is attached hereto and is also on file at the office of the town clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and passed by order of the Town'COuncil of the Town of Avon, Colorado. Dated -this 15th Ty OF VON, 'goLppo BY Patricia . Doyle, POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN.THE TOWN OF AVON ON April 15th 1983 THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTERGAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING day of April, 1983 Clef