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TC Ord. No. 1998-03 Amending the Avon Muni Code regarding zoning, public nuisances, signs, and animal controlTOWN OF AVON ORDINANCE NO. 98 - 3 SERIES OF 1998 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE REGARDING ZONING, PUBLIC NUISANCES, SIGNS, AND ANIMAL CONTROL, TOWN OF AVON, EAGLE COUNTY, COLORADO, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: I. Section 6.04.020, Definitions, is hereby amended by adding the following definition: "Habitual Offender" means any pet animal owner/keeper whose pet has been found, by the court, to have been kept in Violation of title 6 of the Avon Municipal Code three times within any - twelve month period. II. Section 6.04.235, Habitual Offender, is hereby added to read as follows: 6.04.235 Habitual Offender. Upon the conviction of an owner/keeper as a habitual offender, the court shall order the animal(s) involved in the violations to be permanently removed from the - Town of Avon. III. Title 8, Health, Safety and Welfare, is hereby amended by adding the following sections: 8 24.042 Parking and driving in designated areas only For the purpose of this section a motor vehicle means any self - propelled vehicle other than lawn mowers and yard equipment. Trailer means any wheeled vehicle without motive power, which is designed to be drawn by a motor vehicle. A. It shall be prohibited to drive, park or store a motor vehicle(s) or trailer(s) on any portion of a lot, parcel or tract of land that has not been designated as a parking area or driveway, as indicated on the approved plans for such lot, parcel or tract of land. B. It shall be prohibited for any property owner or other person in control of a lot, parcel or tract of land to allow any motor vehicle(s) or trailer(s), to remain on any portion of a lot, parcel or tract of land that has not been designated as a parking area or driveway as indicated on the approved plans for such lot, parcel or tract of land. C. Any lot, parcel or tract of land that has an active current Town of Avon building permit shall ; be exempt from this section. Any person who violates this section shall be guilty of creating a public nuisance. 8.24.065 Driveways must be pave d A. All driveways and parking areas, on any lot, tract or parcel of land, shall be paved with an approved material. B. Any lot tract or parcel of land that gains access to a town street via an easement through private or public property shall have a continuous paved driveway, of an approved material, from the Town street to said lot tract or parcel of land C. It shall be unlawful for any lot, tract or parcel of land to be kept in a manner that causes dirt or mud to be tracked on to the public right of way. If any property is found to exist in violation of this section the property owner, manager or any i other person in control of the property shall be deemed guilty of creating a public nuisance. IV. Title 15, Building and Construction, is hereby amended by deleting the following { section: 1. Section 15.28.080 -F. Home occupation signs. V. Title 17, Zoning, is hereby amended by adding the following definition: JACOUNCIUORDINANMOrd98 -3 MuniCodeChg.doc 17.08.365 Home office. "Home office" means any occupation, profession or other activity, that takes place in a dwelling unit and, is meant to produce income or revenue, or any activity associated with a nonprofit group or corporation which: A. Does not produce noise audible outside the dwelling unit where such activity is taking place. B. Does not cause, or require customers, delivery persons, employees, or any person, other than the occupants of the dwelling unit, to enter the property on which the dwelling unit is located. C. Does not require alteration to the residence to satisfy applicable Town of Avon fire or Building Codes, or County Health Regulations. D. Does not require or allow'any signs to be visible from the outside of the property. E. Does not change the appearance or residential character of the structure. ff Any activity that meets the above definition shall be considered an accessory use, and shall not' require Town approval. VI. Section 17.08.360, Home Occupation, is hereby amended to read as follows: 17.08.360 Home occupation. "Home occupation" means an occupation, profession, activity, or use that is conducted within a dwelling unit and is meant to produce income or revenue, or any activity associated with a non - profit organization which: A. Does not produce noise audible outside the dwelling unit where such activity is taking place. B: Limits the amount of customers, visitors, or persons, other than the occupants, to no more - than 5 per day. In the case of daycare, no more children than allowed by the, State of Colorado license for a child care home (a State of Colorado license is also required to operate a child care home). C.' Does not cause the visible storage or parking of vehicles or equipment not normally associated with residential use. Which shall include but is not limited to the following; trucks with a rating greater than 3/4 ton, earth moving equipment and cement mixers. . D. Does not alter the exterior of the property or affect the residential character of the neighborhood. E. Does not interfere with parking, access, or other normal activities on adjacent properties, or with other units in a multi - family residential development. F. Does not require or allow employees to work on the property. G. Does not require alteration to the residence to satisfy applicable Town of Avon Fire or Building codes, or County Health Regulations. H. Does not require or allow any signs to be visible from the outside of the property. VII. Severability. If any part, section, sub - section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance; and the Town Council for the Town of Avon hereby declares it would . have passed this Ordinance and each part, section, sub - section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub - sections, sentences, j clauses or phrases be declared invalid. VIII. Penalty. It is unlawful for person to violate any provision of, or fail to comply with any of the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than one hundred eighty days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. JACOUNCIUORDINANMrd98 -3 MuniCodeChg.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 27th day of January, 1998, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 10`h day of February 1998, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Jal Fawcett, Mayor ATTE�T: Patty Lambert, CMC, Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 10th day of February 1998. ATTEST: Patty Lambert, CMC, Town Clerk APPROVED AS TO FORM: •U. Ltv�"- Tow Attorney Town of Avon Town Council Ja k Fawcett, Mayor JAC0UNCIL \0RDINANC\0rd98 -3 MuniCodeChg.doc r M Y� , Q 7 s: �y aet s TOWN OF AVON ORDINANCE NO. 98 - 3 SERIES OF 1998 AN 0RDINAN_ CE AMENDING THE AVON ' MUNICIPAL CODE REGARDING ZONING, PUBLIC NUISANCES, SIGNS, AND ANIMAL CONTROL, TOWN OF AVON, EAGLE COUNTY, COLORADO, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: I: _Section 6.04.020, Definitions, is hereby amended by adding the following definition: "Habitual Offender" means any pet animal owner/keeper whose pet has been found, by the court, to have been kept in Violation of title 6 of the Avon Municipal Code three times within any, twelve month period. II. Section 6.04.235, Habitual Offender, is hereby added to read as follows: 6.04.235 Habitual Offender. Upon the conviction of an owner/keeper as a habitual offender, the court shall order the animal(s) involved in the violations to be permanently removed from the Town of Avon. III. Title 8, Health, Safety and Welfare, is hereby amended by adding the following sections: 8.24.0-42' Parking and drivin2 in designated areas only For the purpose of this section a motor vehicle means any self - propelled vehicle other than lawn mowers and yard equipment. Trailer means any wheeled vehicle without motive power, which is designed to be drawn by a motor vehicle. A. It shall be prohibited to drive, park or store a motor vehicle(s) or trailer(s) on any portion of a lot, parcel or tract of land that has not been designated as a parking area or driveway, as .indicated on the approved plans for such lot, parcel or tract of land. B. It shall be prohibited for any property owner or other person in control of a lot, parcel or tract of land to allow any motor vehicle(s) or trailer(s), to remain on any portion of a lot, parcel or tract of land that has not been designated as a parking area or driveway as indicated on the approved plans for such lot, parcel or tract of land. C. Any lot, parcel or tract of land that has an active current Town of Avon building permit shall be exempt from this section. Any person who violates this section shall be guilty of creating a public nuisance. 8.24.065 Driveways must be paved A. All driveways and parking areas, on any lot, tract or parcel of land, shall be paved with an approved material. B. Any lot tract or parcel of land that gains access to a town street via an easement through private or public property shall have a continuous paved driveway, of an approved material, from the Town street to said lot tract or parcel of land C. It shall be unlawful for any lot, tract or parcel of land to be kept in a manner that causes dirt or mud to be tracked on to the public right of way. If any property is found to exist in violation of this section the property owner, manager or any other person in control of the property shall be deemed guilty of creating a public nuisance. IV. Title 15, Building and Construction, is hereby amended by deleting the following section: 1. Section 15.28.080 -F: Home occupation signs. V. Title 17, Zoning, is hereby amended by adding the following definition: JAC0UNCIL \0RDINANC \0rd98 -3 MuniCodeChg.doc 17.08.365 Home office. "Home office" means any occupation, profession or other activity, that takes place in a dwelling unit and is meant to produce income or revenue, or any activity associated with a nonprofit group or corporation which: A. Does not produce noise audible outside the dwelling unit where such activity is taking place. B. Does not cause or require customers, delivery persons, employees, or any person, other than the occupants of the dwelling unit, to enter the property on which the dwelling unit is located. C. Does not require alteration to the residence to satisfy applicable Town of Avon fire or Building Codes, or County Health Regulations. D. Does not require or allow any signs to be visible from' the. outside of the property. E. Does not change the appearance or residential character of the structure. Any activity -that meets the above definition shall be considered an accessory use, and shall not require Town approval. VI. Section 17.08.360, Home Occupation, is hereby amended to read as follows: 17.08.360 Home occupation. "Home occupation" means an occupation, profession, activity, or use that is conducted within a dwelling unit and is meant to produce income or revenue, or any activity associated with a non - profit organization which: A. Does not produce noise audible outside the dwelling unit where such activity is taking place. B. Limits the amount of customers, visitors, or persons, other than the occupants, to no more than 5 per day. In the case of daycare, no more children than allowed by the State of Colorado license for a child care home (a State of Colorado license'is also required to operate a child care home). C. Does not cause the visible storage or parking of vehicles or equipment not normally associated with residential use. Which shall include but is not limited to the following; trucks with a rating greater than % ton, earth moving equipment and cement mixers. D. Does not alter the exterior of the property or affect the residential character of the neighborhood. E. Does not interfere with parking, access, or other normal activities on adjacent properties, or with other units in a multi - family residential development. F. Does not require or allow employees to work on the property. G. Does not require alteration to the residence to satisfy applicable Town of Avon Fire or Building codes, or County Health Regulations. H. Does not require or allow any signs to be visible from the outside of the property. VII. Severability. If any part, section, sub - section, sentence, clause or phrase of this Ordinance is for any reason.held to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub - section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub - sections, sentences, clauses or phrases be declared invalid. VIII. Penalty. It is unlawful for person to violate any provision of, or fail to comply with any of the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than one hundred eighty days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. JAC0UNCIL \0RDINANC\0rd98 -3 MuniCodeChg.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 27th day of January, 1998, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 10th day of February 1998, . at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Ja Fawcett, Mayor Patty Lambert, CMC; Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 10th day of February ' , 1998. ATTEST: Patty Lambert, CUC, Town Clerk APPROVED AS TO FORM: o, &Vx-� I . .. To Attorney Town of Avon Town Council Ja k Fawcett, Mayor JAC0UNCIL \0RDINANC \0rd98 -3 MuniCodeChg.doc R 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 5:30 P.M. ON THE 10TH DAY OF FEBRUARY, 1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98 -3, SERIES OF 1998: - AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE REGARDING ZONING, PUBLIC NUISANCES, SIGNS, AND ANIMAL CONTROL, TOWN OF AVON, EAGLE COUNTY, COLORADO 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 is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 29th day of January, 1998. i, TOWN OF 'VON, COLORADO BY: Patty LamH�Ft, CMC Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 29, 1998; EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY; CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY