TC Ord. No. 2013-14 Amending Titles 7, 8, 15 Avon Municipal CodeTOWN OF AVON, COLORADO
ORDINANCE 13 -14
SERIES of 2013
AN ORDINANCE AMENDING TITLES 7, 8, AND 15 OF THE AVON
MUNICIPAL CODE, INCLUDING DEFINITIONS, HISTORIC
PRESERVATION, DEVELOPMENT REVIEW PROCEDURES,
NEIGHBORHOOD COMMERICAL ZONE DISTRICT STANDARDS, FLOOD
DAMAGE PREVENTION, WILDLIFE PROTECTION, AND FIREPLACE
REGULATIONS
RECITALS
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town adopted Ordinance No. 10 -14 adopting the Avon Development Code
( "ADC ");
WHEREAS, the Town adopted Ordinance No. 10 -07 adopting Wildlife Protection
regulations;
WHEREAS, the Town adopted Ordinance No. 10 -02 adopting Fireplace regulations through
the International Mechanical Code and Solid -Fuel- Burning Devices chapters;
WHEREAS, the Town Council finds that periodic review and updates to the ADC are
necessary to respond to changing conditions and to provide clarity in review processes;
WHEREAS, the Staff has identified inconsistencies between the wildlife protection
regulations and the building code and the various fireplace regulation sections;
WHEREAS, the Town Council initiated amendments to the text of the ADC in accordance
with Avon Municipal Code ( "AMC ") §7.16.040 on April 9, 2013;
WHEREAS, the Planning & Zoning Commission ( "PZC ") of the Town of Avon held public
hearings on October 15, 2013, and November 5, 2013, after publishing and posting notice as
required by law, considered all comments, testimony, evidence and staff reports provided by the
Town staff, considered such information prior to formulating a recommendation to the Town
Council;
WHEREAS, after conducting these noticed Public Hearings, PZC approved PZC Resolution
13 -06, recommending approval of the amendments to the Town Council;
Page 1 of 4
Ord No. 13 -14 Amending Avon Municipal Code
WHEREAS, the Town Council of the Town held public hearings on November 26, 2013 and
December 10, 2013 after posting notice as required by law, considered all comments, testimony,
evidence and staff reports provided by the Town staff prior to taking any action on the
Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment;
WHEREAS, the Town Council finds approval of the Application is in compliance with the
mandatory review criteria; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendments. The AMC is hereby amended as indicated in the attached
( "Exhibit A to Ordinance 13 -14 ") Redline Strikethrough document.
Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the tenn "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the tern "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Page 2 of 4
Ord No. 13 -14 Amending Avon Municipal Code
Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a
copy of the ordinance in full is available for public inspection in the office of the Town Clerk
during normal business hours. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with AMC §7.16.140(d)(2).
Section 8. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with AMC §7.16.020(f)(5) and in accordance with
Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS]
Page 3 of 4
Ord No. 13 -14 Amending Avon Municipal Code
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on November 26, 2013 and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on December 10, 2013, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado
Rich`Carro`11, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prio�,�action by the Town Council.
O � OF
VED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10th day of December, 2013.
R'6 Carroll, Ma®r�t
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk. 155�n
atty,'m4enn�m�n
Page 4 of 4
Ord No. 13 -14 Amending Avon Municipal Code
t
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on November 26, 2013 and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on December 10, 2013, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado
Ri h 'arri 'ayor
Published by posting in at least three public places in Town and posting at the office of the'rown
Clerk at least seven days prior-to_` 41qkaction by the Town Council.
0Fqi1&
ATTEST` f" '�, APPROVED AS TO FORM-
S E.A L.*-
Petty McK R 00
cnpy,Fo vn C16fk�,,VI-R,
Eric Hell, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10"' (lay of December, 2013.
R . c i Carroll, May r
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST-
MC
en or 2/
�atty
Page 4 of 4
Ord No, 13-14 Amending Avon IvItinicipil Code
Exhibit A to Ordinance 13 -14 Attachment A
Annual High Water Mark means the visible line on the edge or a river, stream, lake, pond,
spring or seep up to which the presence and action of water are so usual and long conditions
(with a recurrence interval of one (1) year or less) so as to create a distinct character with respect
to vegetation and the nature of the soil.
Applicant means an owner of real property, the owner's representative, or owner of an option
to acquire the property or portion thereof, who is authorized to represent and /or act upon any
application or submittal.
Appurtenances are the visible, functional, or ornamental objects accessory to and part of a
building.
Arcade is a series of arches supported on piers or columns.
Architectural Projection means a building element (i.e., chimney, cupola) which physically
projects beyond the plane of a required limitation (i.e., height).
Automobile Repair Shop, major means an establishment primarily engaged in the repair or
maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large
mechanical equipment, including paint, body and fender and major engine and engine part
overhaul, provided it is conducted within a completely enclosed building. Such use shall not
include the sale of fuel, gasoline or petroleum products.
Automobile Repair Shop, minor means an establishment primarily engaged in the repair or
maintenance of passenger and light truck oriented motor vehicles, trailer and similar mechanical
equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune
ups and transmission work, car washing, detailing, polishing or the like, provided it is conducted
within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or
petroleum products.
Awning means a roof -like cover of canvas or other material extending in front of a doorway
or window, or over a deck, to provide protection from the sun or rain.
Balcony means that portion of a structure that 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.
Basement means the definition of Basement as set forth in the most recent version of the
International Building Code adopted by the Town of Avon.
Base Flood Elevation WE) means the elevation shown on a FEMA Flood Insurance Rate
Map for Zones AE, AH, Al -A30, AR, AR/A, AR/AE, AR/A1 -A30, AR/AH, AR/AO, V1 -V30,
and VE that indicates the water surface elevation resulting from a flood that has a one percent
(1 %) chance of equaling or exceeding that level in any given year.
Bed and Breakfast means an establishment operated in a private residence or portion thereof,
which provides temporary accommodations to overnight guests for a fee and which is occupied
by the operator of such establishment.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 23
Exhibit A to Ordinance 13 -14 Attachment A
Church or Place of Worship and Assembly means a building containing a hall, auditorium
or other suitable room or rooms used for the purpose of conducting religious or other services or
meetings of the occupants of such structure. Church or place of worship and assembly shall
include churches, synagogues or the like, but shall not include buildings used for commercial
endeavors, including, but not limited to, commercial motion picture houses or stage productions.
Common Element means that portion of a condominium project held in common ownership
by the owners or the condominium association or that portion of a project other than a
condominium project which is not under the exclusive ownership or possession of the owners or
occupants of a limited portion of the project.
Common Open Space means open space designed and intended primarily for the use or
enjoyment of residents, occupants and owners of a specific property or development.
Community Facility means a publicly owned facility or office building which is primarily
intended to serve the recreational, educational, cultural, administrative or entertainment needs of
the community as a whole.
Compatibility means the characteristics of different uses or activities or design which allow
them to be located near or adjacent to each other in harmony. Some elements affecting
compatibility include height, scale, mass and bulk of structures. Other characteristics include
pedestrian or vehicular traffic, circulation, access and parking impacts. Other important
characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture.
Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of
development proposals in maintaining the character of existing development.
Comprehensive Plan means the Town of Avon Comprehensive Plan; The West Town Center
District Investment Plan; The East Town Center District Plan; The Master Plan for Harry A.
Nottingham Park; The Town of Avon Recreational Trails Master Plan; and, The Town of Avon
Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area
plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time
provided that such amendments or supplemental documents are adopted by ordinance.
Conditional Letter of Man Revision (CLOMR) means FEMA's comment on a proposed
project, which does not revise an effective floodplain map that would upon construction affect
the hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodplain.
Condominium means an individual airspace unit together with the interest in the common
elements appurtenant to such unit.
Connecting Walkway means:
(a) Any street sidewalk; or
(b) Any walkway that directly connects a building entrance(s) to the street sidewalk, and
connects other origins and destinations for pedestrians, including but not limited to commercial
establishments, schools, parks, dwellings, work places and transit stops, without requiring
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 27
Exhibit A to Ordinance 13 -14 Attachment A
pedestrians to walk across parking lots or driveways, around buildings or following parking lot
outlines which are not aligned to a logical route.
Conservation Easement means an interest in real property that provides the owner of the
easement the right to prohibit certain users or acts with respect to the property in order to
maintain the property in a manner that will preserve its value for recreation, education, habitat,
open space, or historical importance. See also §38- 30.5 -102 C.R.S.
Construction (Activity) means work done on a job site that alters the existing conditions of a
property.
Construction Staging Plan means a site plan submitted with final design and building permit
plans showing, at the minimum: contractor parking, construction materials storage, limits of site
disturbance, snow storage, refuse storage, sanitation facilities, project signage, and construction
trailer(s) location, as applicable. The staging plan may be combined on the same plan sheet as
the Pollution Control Plan.
Convenience Retail Store means a retail store containing less than five thousand (5,000)
square feet of gross floor area which sells everyday goods and services which may include,
without limitation, ready -to -eat food products, groceries, over - the - counter drugs and sundries.
Council means the governing board of the Town of Avon.
Covenants means private written agreements outlining regulations specific to a development.
As private restrictions, they are not enforced by the Town. In the event of conflict between the
covenants and this Code, this Code controls.
Crosswalk means a pathway delineated on a street for pedestrians to cross.
Critical Facility means a structure or related infrastructure, but not the land on which it is
situated, as defined by the Colorado Water Conservation Board, a division of the Department of
Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical
Facilities dated November 17, 2010, that if flooded may result in significant hazards to public
health and safety or interrupt essential services and operations for the communes at an tie
before, during and after a flood.
Cul -de -sac means a local street with only one outlet and having the other end for the reversal
of traffic movement.
Dedicated Real Property Interest means real property interest transferred to the Town by
platting, title, deed or other legal method approved by the Town Attorney.
Dedication means any grant by the owner of a right to use real property for the public in
general, involving a transfer of property rights, and an acceptance of the dedicated property by
the appropriate public agency.
Density, Dwelling Units per Acre, means the overall average number of dwelling units
located on the gross or net residential acreage (as applicable) contained within the development
and calculated on a per -acre basis. Gross density is calculated by dividing the total number of
2"d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 28
Exhibit A to Ordinance 13 -14 Attachment A
units by the total acreage. Net density is calculated by dividing the [total number of units] by the
[total acreage minus all publicly dedicated land].
Design Standard means any standard that sets forth specific requirements for development
improvements.
Detention Basin means a man -made or natural water collector facility designed to collect
surface and sub - surface water in order to impede its flow and to release the same gradually at a
rate not greater than that prior to the development of property, into natural or manmade outlets.
Developer means any person, partnership, joint venture, limited liability company,
association or corporation who participates as owner, promoter, developer or sales agent in the
planning, platting, development, promotion, sale or lease of a development.
Development means the grading or clearing of land, the erection, construction or alteration of
structures, the change of use of a property, or the division of property to create two (2) or more
separate ownership interests.
(a) Development shall also include:
(1) Any construction, placement, reconstruction, alteration of the size, or material
change in the external appearance of a structure on land;
(2) Any change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure or on a tract of land or a material increase in the intensity and
impacts of the development;
(3) Any change in use of land or a structure;
(4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake,
pond, reservoir or wetland;
(5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials,
storage of equipment or materials, filling or excavation on a parcel of land;
(6) The demolition of a structure;
(7) The clearing of land as an adjunct of construction;
(8) The deposit of refuse, solid or liquid waste, or fill on a parcel of land;
(9) The installation of landscaping within the public right -of -way, when installed in
connection with the development of adjacent property; and
(10) The construction of a roadway through or adjoining an area that qualifies for
protection as a wildlife or natural area.
(b) Development shall not include:
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 29
Exhibit A to Ordinance 13 -14 Attachment A
Elevation means the external vertical plane of a building. Elevations are considered different
if they have different roof lines, building materials, details, color and overall stylistic expression.
Employee means a person employed in a building or on a property during normal periods of
use.
Employee Housing means that housing used exclusively for persons employed in Eagle
County.
Environmentally Sensitive Area means aquifer recharge areas, significant wildlife habitat
and migration corridors, unique vegetation and critical plant communities, and ridge lines.
Family means an individual living alone, or either of the following groups living together as
a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship or other
duly authorized custodial relationship; or
(b) Any unrelated group of persons consisting of:
(1) Not more than four (4) persons; or
(2) Not more than two (2) unrelated adults and their children, if any; or
(3) Not more than eight (8) developmentally disabled persons and appropriate staff
occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Family Child Care Home means a facility for child care in a place of residence of a family
or person for the purpose of providing less than twenty -four (24) hour care for children under the
age of eighteen (18) years who are not related to the head of such home. Family child care home
may include infant - toddler child care homes, large child care homes, experienced provider child
care homes, and such other types of family child care homes designated by rules of the State
Department of Social Services pursuant to C.R.S. §26- 6- 106(2)(p).
Farm Animal means animals commonly raised or kept in an agricultural, rather than an
urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle,
llamas, emus, ostriches, donkeys and mules.
FEMA means Federal Emergency Management Agency.
Fence means enclosing framework for exterior areas, such as yards or gardens.
FHA means Federal Housing Administration.
Flood or Flooding means a general and temporary condition of partial or complete
inundation of normallyry land areas from:
(a) The overflow of water from channels and reservoir spillway
(b) The unusual and rapid accumulation or runoff of surface waters from any source; or
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 32
Exhibit A to Ordinance 13 -14 Attachment A
(c) Mudslides or mudflows that occur from excess surface water that is combined with
mud or other debris that is sufficiently fluid so as to flow over the surface of normally da land
areas, such as earth carried by a current of water and deposited along the path of the current.
Flood Insurance Rate Man (FIRM) means an official may of a community, on which the
Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas
and the risk premium zones applicable to the community
Flood Insurance Study (FIS) means the official report provided by FEMA. The report
contains the FIRM as well as flood profiles for studied flooding sources that can be used to
determine BFE for some areas.
Floodplain or Flood -prone Area means any land area susceptible to being inundated as the
result of a flood, including the area of land over which floodwater would flow from the spillway
of a reservoir.
Floodplain or F4oed RaeafdArea means an area whieh has been designated by FEMA as
Floodway means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) feet a designated height. The Colorado statewide standard
for the designated height used for all newly studied reaches shall be one -half (0.5 ) foot.
Footprint, also called Ground Level Footprint, means the outline of the total area which is
covered by a building's perimeter at ground level.
Foster Care Home means a facility that is certified by the county department of social
services or a child placement agency for child care in a place of residence of a family or person
for the purpose of providing twenty -four (24) hour family care for a child under the age of
eighteen (18) years who is not related to the head of such home, except in the case of relative
care.
Frontage means the portion of a lot that fronts on a public or private street.
Functional Open Space means open space which is large enough to serve a practical purpose
such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or
historical significance and shall exclude areas used for off - street parking, off - street loading,
service driveways and setbacks from oil and gas wells or their appurtenances, or other hazards to
the public.
Garage, Parking means a building or portion thereof, either public or private, used only for
parking of motor vehicles.
Geologic Hazard means unstable or potentially unstable slopes, undermining, faulting,
landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil
conditions or natural features unfavorable to development.
Government Services, Offices and Facilities means an office or building of a governmental
agency that provides administrative and /or direct services to the public, such as, but not limited
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 33
Exhibit A to Ordinance 13 -14 Attachment A
Highway Corridor means the area within one thousand five hundred (1,500) feet of the
rights -of -way of the State Highway.
Historic Preservation Advisory Committee means a five- person advisory committee
appointed by the Town Council to make recommendations and findings regarding historic sites,
structures or features in the Town of Avon.
Historic and/or Cultural Landmark means a site and/or structure designated as a historic
landmark by the Historic Preservation Committee and approved by the Town Council within the
Town.
Home Occupation means an occupation or business activity which results in a product or
service and is conducted in whole or in part in a dwelling unit, and is subordinate to the
residential use of the dwelling unit.
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 non-
profit group 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, to
enter the property on which the dwelling unit is located;
(c) Does not require alteration to the residence to satisfy applicable Town, 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; and
(e) Does not change the appearance or residential character of the structure.
Homeowners Association means the association set up to enforce the covenants and maintain
all common areas and buildings for a development (also known as "Owners Association ").
Hospital means an institution providing health services primarily for human inpatient
medical or surgical care for the sick or injured and including related facilities such as
laboratories, out - patient departments, training and central services facilities and staff offices.
Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any
room or group of rooms use primarily for short term transient lodging for a total continuous
duration of less than thirty (30) days and which may include accessory uses such as offices,
laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting
rooms, retail and other similar accessory uses commonly associated with hotels, motels and
lodges.
Industrial, heavy means uses engaged in the basic processing and manufacturing of materials
or products predominately from extracted or raw materials, or a use engaged in storage of, or
manufacturing processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous conditions. Heavy industrial shall also mean those
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 35
Exhibit A to Ordinance 13 -14 Attachment A
Lane means a private street; or a portion of a roadway delineated for a single line of vehicles;
or a secondary means of access to the abutting lots and not intended for general traffic
circulation.
Large Retail Establishment means a retail establishment, or any combination of retail
establishments in a single building, occupying more than twenty -five thousand (25,000) gross
square feet of floor area, except that no supermarket shall be deemed to be a large retail
establishment.
Letter of Map Revision (LOMB) means FEMA's official revision of an effective FIRM or
Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the
implementation of physical measures that affect the hydrologic or hydraulic characteristics of a
flooding source and thus result in the modification of the existing re ug latory floodway, the
effective BFEs or SFHA.
Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA
shown on the FIRM based on placement of fill outside the existing regulatory floodway.
Livestock means farm animals kept or raised for use, pleasure and/or profit.
Loading Space means an off - street space or berth on the same lot with a building, or
contiguous thereto, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street, alley or other appropriate
means of access.
Long -term Care Facility means any of the following:
(a) Convalescent center means a health institution that is planned, organized, operated and
maintained to offer facilities and services to inpatients requiring restorative care and treatment
and that is either an integral patient care unit of a general hospital or a facility physically
separated from, but maintaining an affiliation with, all services in a general hospital.
(b) Nursing care facility means a health institution planned, organized, operated and
maintained to provide facilities and health services with related social care to inpatients that
require regular medical care and twenty -four (24) hour per day nursing services for illness, injury
or disability. Each patient shall be under the care of a physician licensed to practice medicine in
the State of Colorado. The nursing services shall be organized and maintained to provide twenty -
four (24) hour per day nursing services under the direction of a registered professional nurse
employed full time.
(e) Intermediate health care facility means a health- related institution planned, organized,
operated and maintained to provide facilities and services which are supportive, restorative or
preventive in nature, with related social care, to individuals who because of a physical or mental
condition, or both, require care in an institutional environment but who do not have an illness,
injury or disability for which regular medical care and twenty -four (24) hour per day nursing
services are required.
Lot means a parcel of real property as shown with a separate and distinct number or letter on
a plat recorded with the County Clerk and Recorder, or when not so platted in a recorded
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 37
Exhibit A to Ordinance 13 -14 Attachment A
subdivision, a parcel of real property abutting upon at least one public street and held under
separate ownership.
Lot Area means the total horizontal area within the lot lines of a lot, except that beneath the
mean waterline of a body of water.
Lot Coverage means the ratio of the area of the site which is rendered impermeable by
buildings compared to the total area of a site, excluding those rendered undevelopable, expressed
as a percentage.
Lot Depth means the average distance between the front lot line and the rear lot line.
Lot, double frontage means lots which front on one (1) public street and back on another.
Lot, flag means a lot so shaped and designed that the main building site area is set back from
the street on which it fronts and includes an access strip connecting the main building site with
the frontage street.
Lot Line, front means the property line dividing a lot from a street.
Lot Line, rear means the line opposite the front lot line.
Lot Line, side means any lot lines other than the front lot line or rear lot line.
Lot Size means the total horizontal area within the lot lines of a lot; synonymous with area of
lot.
Lot Width means the distance parallel to the front lot line, measured at the front building
setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the
front lot line at the building setback line. The lot width and the lot frontage may have different
lengths on an irregularly shaped lot as they are measured at different points on the lot.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Any
floor used for living purposes which includes working storage, sleeping cooking and eating, or
recreation or any combination thereof. This includes any floor that could be converted to such a
use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance
premium for a building, home or business. An unfinished or flood resistant enclosure usable
solely for parking of vehicles, building access or storage in an area other than a basement area is
not considered a building's lowest floor; provided that such enclosure is not built so as to render
the structure in violation of the applicable non - elevation design requirement of Section 60.3 of
the National Flood Insurance Program regulations.
Manufactured Home means a single - family dwelling which:
(a) Is partially or entirely manufactured in a factory;
(b) Is at least twenty -four (24) feet wide and thirty -six (36) feet long;
(c) Is permanently affixed to and installed on an engineered permanent foundation;
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 38
Exhibit A to Ordinance 13 -14 Attachment A
Slope means the relationship of elevation or vertical measure as divided by the horizontal
measurement shall be expressed as a percentage as a means of quantifying the term "slope."
Special Flood Hazard Area (SFHA) means the land in the floodplain within a community
subject to a one percent (1 %) or greater chance of flooding in any given year, i.e. the 100 -year
floodplain.
Street means a public thoroughfare which affords the principal means of access to abutting
property.
Streetscape means the distinguishing character of a particular street, within or adjacent to the
public right -of -way, including paved materials, and the adjacent space extending along both
sides of a street including landscaping, sidewalks, medians, lighting, street furniture, and
signage.
Structure means a combination of materials to form a construction for use, occupancy or
ornamentation whether installed on, above or below the surface of land or water.
Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two
(2) or more lots, plots, sites, or airspace units.
Subsidence means a local mass movement that involves the downward settling or sinking of
the solid Earth's surface. Subsidence may be due to natural geologic processes or man's activity
such as coal mining.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "Start of Construction" of the improvement. The value of the structure
shall be determined by the local jurisdiction having, land use authority in the area of interest.
This includes structures which have incurred "Substantial Damage", regardless of the actual
repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary conditions; or,
(b) Any alteration of a "historic structure" provided that the alteration will not preclude the
structure's continued designation as a "historic structure"
Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor,
showing topographic contour intervals depicted at an engineering scale.
Tandem Parking means parking two (2) cars in a driveway or parking space so that one car
is right in front of the other and the front car can not move until the back car is moved.
Temporary Use means a prospective use intended for limited duration, is to be located in a
zoning district not permitting such use, and shall not include continuing a nonconforming use or
building.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 45
Exhibit A to Ordinance 13 -14 Attachment A
(e) Delegate any duty set forth in this Development Code to another official within the
Community Development Department when determined appropriate and efficient by the
Director.
7.12.060 Other Departments and Agencies
The Town may request review and input of applications from other Town boards,
commissions, departments, other governmental agencies, and non - government agencies, as
determined appropriate considering the nature of the application.
7.12.070 Historic Preservation Advisory Committee
(a) Establishment and Purpose. There is hereby established a Historic Preservation
Advisory Committee (HPAC) of the Town. The purposes of the HPAC are as follows:
(1) To promote the health, safety and welfare of the residents of the Town of Avon
through the regulation of historic and/or cultural sites and structures;
(2) Foster civic pride in the beauty and accomplishments of the past
(3) Protect and enhance the Town's attraction to tourists and visitors and increase the
quality of life of the residents;
(4) Promote the use of historical or architectural sites, structures and objects for the
education and welfare of the residents of the town;
(5) Promote and encourage private ownership stewardship and utilization of such sites
structures and objects;
(6) Integrate historic and/or cultural preservation with the Town of Avon
Comprehensive Plan;
(7) Maintain the Town's unique character by recognizing the importance of
Preservation and renewing the Town's legacy for present and future generations;
(8) Discourage the unnecessary demolition of historic and/or cultural resources;
(9) Provide incentives for the continued use of historic and/or cultural resources and
facilitate their appropriate stewardship and reuse;
(10) Encourage the conservation of historic settings and landscapes;
(11) Promote retention of historical integrity in the context of proposed land use.
(b) Duties. The HPAC shall have the following functions and duties:
(1) Recommend Historic and/or Cultural Landmarks which meet the Landmark
Designation Criteria to the Town Council;
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 52
Exhibit A to Ordinance 13 -14 Attachment A
(2) Review Applications for any permit which includes the exterior alteration,
relocation or removal of a site or structure designated as a Historical and/or Cultural
Landmark and make recommendations to the Planning and Zoning Commission.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 53
Exhibit A to Ordinance 13 -14
Chapter 7.16
Development Review Procedures
7.16.010 Purpose.
Attachment A
This chapter contains regulations and the procedures for development applications.
§7.16.020 contains regulations that are generally applicable to all development application
review procedures, described in a series of sequential steps. The purpose is to establish uniform
procedures for application types to the extent possible. Subsequent sections identify the
applicability of the common steps to specific procedures, noting any differences between the
common procedures and those for the specific procedure. Specific procedure provisions
supplement, rather than replace, provisions of the common steps, unless the provisions conflict,
in which case the provisions of the specific procedure control. Table 7.16 -1 indicates the
specific review and approval procedures of this chapter, with section references.
Table 7.16 -1: Development Review Procedures and Review Authority
Procedure
Director
PZC
TC
Comprehensive Plan Amendment ( §7.16.030)
R
H -R
H -D
Code Text Amendment ( §7.16.040)
R
H -R
H -D
Zoning Rezoning ( §7.16.050)
R
H -R
H -D
Administrative PUD
D
A
Planned
Minor PUD Amendment
R
H -R
H -D
Unit
Development
Major PUD Amendment
R
H -R
H -D
( §7.16.060)
Preliminary PUD
R
H -R
H -D
Final PUD
R
H -R
H -D
Administrative Subdivision
D
A
Subdivision
Minor Subdivision
R
H -D
( §7.16.070)
Preliminary Plan
R
H -R
H -D
Final Plat
R
H -D
Development
Minor
D
A
Plan
Major
R
41R -D
A
( §7.16.080)
Major in Town Core
R
f=1-R
#1R -D
Design Review ( §7.16.090)
R -D or R
1fR -D
A
Special Review Use ( §7.16.100)
R
1I -D
A
Variance ( §7.16.110)
R
H -D
A
Alternative Equivalent Compliance ( §7.16.120)
R
1#R -D or 41-R
A or #R -D
Right -of -Way Vacation ( §7.16.130)
R
H -D
Vested Property Right ( §7.16.140)
R
H -R
lI -D
Location, Character, and Extent ( §7.16.150)
R
H -D
A
Appeal ( §7.16.160)
H -D
Annexation ( §7.36)
R
H -R
H -D
1041 Permit ( §7.40)
R
H -R
H -D
Historic and/or Cultural Preservation Designated ( 47.50)
H -D
R= Review /Recommendations; H= Public Hearing; D= Decision; A= Appeal
2"d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 54
Exhibit A to Ordinance 13 -14 Attachment A
which is the subject of a development application, as measured from the boundary of the
property. If a property within three hundred (300) feet that requires notification is a
condominium project, notice may be mailed to the managing agent, registered agent, or any
member of the board of directors of the project. Mailed notice shall be postmarked at least
eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the
applicant's expense. The Eagle County Assessor's records may be used to determine the
addresses of real property owners. The Town shall include a certificate of mailing in the
public record. Mailed notice shall be required for annexation, , major
subdivision, planned unit development, rezoning, right-of-way vacation, -and-variance, and
vested property right applications.
(3) Notice Content. Every required form of notice shall state the time and place of the
hearing, the name of the applicant, a general description of the subject property indicating its
location (which shall be shown by map), a brief summary of the subject matter of the
hearing, a description of the proposed development, a statement that the application or
information relating to the proposed change or amendment is available in the Director's
office during regular business hours for review or inspection by the public, and a statement
that written comments may be submitted to the Community Development Department. All
required notices shall be approved by the Director prior to posting or distributing.
(4) Constructive Notice. Minor defects in any notice shall not impair the notice or
invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply
with applicable notice requirements. Minor defects in notice shall be limited to errors in a
legal description or typographical or grammatical errors that do not impede communication
of the notice to affected parties. In all cases, however, the requirements for the timing of the
notice and for specifying the time, date, and place of a hearing shall be strictly construed.
Any person who appears at a public hearing is deemed to have received constructive notice
and waived any grounds to challenge defective notice. If a question arises at the hearing
regarding the adequacy of notice, the reviewing or decision - making body shall make a formal
finding as to whether there was substantial compliance with the notice requirements of this
Code. When the records of the Town document the publication, mailing, and posting of
notices as required by this section, it shall be presumed that notice was given as required by
this Section. If the reviewing or decision - making body takes action to continue a hearing to a
future specified date, time and location, then constructive notice is deemed to have been
provided for such continued hearing date and additional notices shall not be required.
(e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the
PZC and/or Town Council after a complete application has been received, town staff has
completed town staff review and referral agencies have had an opportunity to provide comments.
The Director may delay the scheduling of a public hearing to a subsequent meeting where an
agenda of the PZC or Town Council is full. A complete application shall be scheduled for an
initial public hearing within seventy -five (75) days after the date that the application is
determined to be complete unless the applicant consents to scheduling the public hearing on a
later date. The PZC or Council may continue a public hearing on its own initiative for a
maximum of sixty -five (65) days after the date of the initial public hearing without the consent of
the applicant. PZC or Council may continue a public hearing for a maximum of ninety -five (95)
days with the consent of the applicant. The reviewing authority shall have thirty -five (35) days
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 58
Exhibit A to Ordinance 13 -14 Attachment A
(3) The text amendment promotes or implements the purposes stated in this
Development Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions,
new planning concepts, or other social or economic conditions.
7.16.050 Zoning AmeadntentsRezonings.
The boundaries of any zone district may be changed, or the zone classification of any parcel
of land may be changed, pursuant to this section. The purpose is not to relieve particular
hardships, nor to confer special privileges or rights on any person, but only to make adjustments
to the Official Zoning Map that are necessary in light of changed conditions or changes in public
policy, or that are necessary to advance the general welfare of the Town.
(a) Review Procedures. Applications for a . — dme rezoning shall follow the
general review procedures set forth in §7.16.020, General Procedures and Requirements.
Applications for rezonings may be initiated by the Town Council or the
property owner and may not be initiated by any other person.
(b) Review Authority. The PZC shall review applications for ---
ameadmeiAsrezonings and shall provide a recommendation to the Town Council after
conducting a public hearing. The Town Council shall render the final decision on an application
for zanmg afnen4mentsrezonings after conducting a public hearing. Zoning
;entsRezonings shall be approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall use the following review criteria
as the basis for recommendations and decisions on applications for
ainendmentsrezonings:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in
the character of the area proposed to be rezoned
(6) Whether there are adequate facilities available to serve development for the type
and scope suggested by the proposed zone compared to the existing zoning, while
maintaining adequate levels of service to existing development;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning
district(s);
(S) That, compared to the existing zoning the rezoning is not likely to result in adverse
impacts upon the natural environment, including air, water, noise, stormwater management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 62
Exhibit A to Ordinance 13 -14 Attachment A
(9) That, compared to the existing zoning, the rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master
Plan as reflected in the approval of the applicable PUD; and,
(11) Adequate mitigation is required for wing - e nentsrezoning applications which
result in greater intensity of land use or increased demands on public facilities and
infrastructure.
(d) Mitigation. Zening amendment Rezoning applications which propose a greater
intensity of land use or increased demands on public services or infrastructure shall be required
to provide adequate mitigation of such impacts. Greater intensity of land use or increased
demands on public facilities and infrastructure shall include, but are not limited to:
transportation, water, sewer, schools, emergency services, police, parks and recreation, medical,
and library. Adequate mitigation may include providing dedications of land or cash -in -lieu for
the proportionate share of capital investment in public facilities and infrastructure related to the
potential incremental increase of demand created from the existing zoning classification to the
proposed zoning classification.
7.16.060 Planned Unit Development (PUD).
(a) Purpose. This section is intended to allow flexible development patterns that are not
specifically provided for in this Development Code. It is the purpose of this section:
(1) To promote and permit flexibility that will encourage innovative and imaginative
approaches in land development and renewal that will result in a more efficient, aesthetic,
desirable, and economic use of land while maintaining density and intensity of use consistent
with the applicable adopted plans, regulations, and policies of the Town;
(2) To promote development within the Town that can be conveniently, efficiently, and
economically served by existing local utilities and services or by their logical extension;
(3) To promote design flexibility including placement of buildings, use of open space,
pedestrian and vehicular circulation systems to and through the site, and off - street parking
areas in a manner that will best utilize potential on -site characteristics such as, topography,
geology, geography, size, and proximity;
(4) To provide for the preservation of historic or natural features where they are shown
to be in the public interest, including but not limited to such features as: drainage ways, flood
plains, existing topography or rock outcroppings, unique areas of vegetation, historic
landmarks, or structures;
(5) To provide for compatibility with the area surrounding the project site;
(6) To provide for usable and suitably located open space such as, but not limited to,
bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens,
outdoor seating areas, outdoor picnic areas, and similar open space;
(7) To minimize adverse environmental impacts of development;
2 d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 63
Exhibit A to Ordinance 13 -14 Attachment A
(d) Review Criteria. The PZC and Council shall use the following review criteria as the
basis for recommendations and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the public way, place, structure, facility or utility;
(4) Compatibility with surrounding land uses; and
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods,
including by not limited to traffic, noise, odors, vibrations, and property values.
7.16.160 Appeal.
This section sets forth the procedures to appeal a decision of the Director or the PZC which is
made pursuant to this Development Code. Only a final decision of the Director or the PZC may
be appealed. Recommendations to a decision making authority are not subject to appeal.
(a) Appeal Procedures. An appeal may be submitted by an applicant for a development
approval or by a Town Council member. The appellant must provide a written request for appeal
of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the
date of the decision. The Town Council shall conduct a public hearing within forty -five (45)
days of receipt of a written request for appeal. Written notice of the public hearing date, time
and location shall be mailed to the appellant via first class U.S. mail at least ten (10) days prior to
the public hearing, unless the appellant agrees to a shorter timeframe and a different notification
method.
(b) Review Authority. The Town Council shall review appeals of decisions of the
Director or PZC after conducting a public hearing. The Town Council shall render the final
decision on an appeal.
(c) Review Criteria. The Town Council shall use the applicable review criteria to the
decision that is appealed. Town Council shall review decisions de novo.
(d) Town Council Decision Final. A decision of the Town Council is final. An aggrieved
person may appeal a decision of the Council to the district court or to another state or federal
court of competent jurisdiction.
(e) Decision. Council shall, in writing, confirm, modify, or reverse the decision within
thirty -five (35) days of holding the public hearing on the appeal. Any decision by the Council
that results in action modifying or reversing the decision of a Town body or officer shall describe
the specific reasons for the modification or reversal. Action of the Council shall become final
immediately. Failure of the Council to act within the forty (40) additional days shall be deemed
action confirming the decision unless the applicant consents to an additional time extension.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 89
Exhibit A to Ordinance 13 -14 Attachment A
(2) Concentrate higher - intensity commercial and office employment growth efficiently
in and around the town center and other centers of community activity;
(3) Encourage mixed -use redevelopment, conversion, and reuse of aging and
underutilized areas, and increase the efficient use of available commercial land in the town;
(4) Create pedestrian - oriented environments that encourage transit use, pedestrian
access, and more sustainable land use patterns; and
(5) Ensure that the appearance and function of residential and nonresidential uses are of
high and unique aesthetic character and quality, and are integrated with one another and the
character of the area in which they are located.
(b) Commercial and Industrial Commercial District Purposes:
(1) Help implement the Avon Comprehensive Plan by accommodating a full range of
office, retail, commercial, service, and mixed -uses needed by Avon's residents, businesses,
visitors, and workers;
(2) Encourage site planning, land use planning, and architectural design that create an
interesting, pedestrian- friendly environment where appropriate;
(3) Maintain and enhance the Town's economic base and provide shopping,
entertainment and employment opportunities close to where people live and work;
(4) Preserve, protect, and promote employment- generating uses;
(5) Create suitable environments for various types of commercial and industrial uses
and protect them from the adverse effects of incompatible uses;
(6) Allow flexibility to encourage redevelopment and positive improvements to
existing businesses and residences;
(7) Minimize potential negative impacts of heavy impact nonresidential development
on adjacent residential areas; and
(8) Provide suitable locations for public and semipublic uses needed to compliment
nonresidential development.
7.20.080 Mixed -Use and Commercial Districts Purpose Statements
(a) Neighborhood Commercial (NC). The NC district is established to provide for a
compatible mix of residential, small -scale neighborhood - serving commercial and civic uses.
Townhouse, multi - family units, and limited commercial uses are allowed in this district. This
district is intended to be placed in a neighborhood setting providing a comfortable and safe
pedestrian environment and further enhancing the character of the neighborhood. The NC
district implements the mixed -use classification of the Avon Future Land Use Plan and should be
located along a collector roadway.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 94
Exhibit A to Ordinance 13 -14 Attachment A
Table 7.20 -7 Dimensions for the Neighborhood Commercial District
U
r.
b
o a.
CC
CV
vC�J
LTA y
.sl
"4
M
c
03
03
CZ
03
U
v
U
rn�
[3]
40
50 [4]
20
10
0111
10 2
60
[1] MC abutting a residential district shall match the side setback of that district.
[2] When abutting a public street, alley, or public right -of -way. The rear setback for MC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
1%a7_5
[3]
40
50 [4]
20
5 min, 15 max
0 [1]
20 [2]
38
du/acre
12
[1] NC abutting a residential district shall match the side yard setback standards of that district.
[2] When abutting a public street, alley, or public right -of -way. The rear setback for NC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
[4] May be increased to 60% if employee housing mitigation is provided in accordance with
§7.20.100.
[51 Except as provided in §7.20.080(a)(1) Additional Water Rights Dedication below.
(1) Additional Water Rights Dedication. The dedication of additional water rights
shall be required as a condition to approval of development which exceeds seven and one -
half (7.5) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water
right allocation for the lot. The Town may accept cash -in -lieu of dedication in accordance
with a water rights dedication impact fee schedule adopted by ordinance if the Town has
adequate availability of surplus water rights as determined by the Town Council in its sole
discretion.
(b) Mixed -Use Commercial (MC). The MC district is established to group and link
places used for working, shopping, educating, and recreating with residential uses thereby
creating a compact community form. This district allows commercial, office, civic, townhouse,
and apartment uses, and along with Neighborhood Commercial is the preferred district and
development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve
traffic congestion, and provide an urbanized, pedestrian environment. MC implements the
mixed -use land use classification of the Avon Future Land Use Plan and should be located
adjacent to the Town Center as a transitional district.
Table 7.20 -8 Dimensions for the Mixed -Use Commercial District
U
r.
CC
CV
w _'4
`�.
'S4
; Y
03
03
CZ
03
U
1-1
1-x•1
[3]
40
50 [4]
20
10
0111
10 2
60
[1] MC abutting a residential district shall match the side setback of that district.
[2] When abutting a public street, alley, or public right -of -way. The rear setback for MC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
[4] May be increased to 70% if employee housing mitigation is provided in accordance with
§7.20.100.
(1) Additional Water Rights Dedication. The dedication of additional water lights
shall be required as a condition to approval of development which exceeds twenty (20)
2"d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 95
Exhibit A to Ordinance 13 -14 Attachment A
(e) Public Facilities (PF). The PF district is intended to provide sites for public uses such
as community centers, police and fire stations, and governmental facilities. The uses permitted
in this district are identified by location the in Avon Comprehensive Plan. Unless otherwise set
forth in the Town of Avon Comprehensive Plan, the following dimensional requirements shall
apply for the Public Facility (PF) zone district:
Table 7.20 -11 Dimensions for the Public Facilities District
.-.
..
a
CZ
�ay4 _
of
Cj
o
a
wLP)�
•�
M
03
CZ
CZ
V
H
r `
U
�y
C
x
CZ
n/a
n/a
40
U
20
rn
20
40
n/a
n/a
n/a
40
60
20
20
20
40
n/a
(t) Parks (P). The purpose of the P district is to promote and encourage a suitable
environment devoted to parks, recreation improvements, trails, and organized recreation uses for
the enjoyment of all members of the community. There are no dimensional requirements for this
district. Active recreation facilities and structures will be developed according to the Avon
Comprehensive Plan. Unless otherwise set forth in the Town of Avon Comprehensive Plan, the
following dimensions shall apply for the Parks (P) zone district:
Table 7.20 -12 Dimensions for the Parks District
.-.
Q �
a
CZ
to
15
Cj
o
a
wLP)�
•�
M
03
CZ
03
l+i
H
r `
U
�y
�{
CZ
FrV
n/a
n/a
40
60
20
20
20
40
n/a
(g) Light Industrial and Commercial (IC). This district is intended to provide for a
variety of businesses, including warehouses, research and development firms, repair shops,
wholesale distributors, and light manufacturing. This district may include supporting office and
commercial uses where appropriate. Uses permitted in this district are intended to serve
community and regional needs. This district is intended to be located away from low and
medium density residential development. The IC district implements the light industrial
commercial and employment classification of the Avon Future Land Use Plan and should be
located along an arterial roadway.
Table 7.20 -13 Dimensions for the Light Industrial and Commercial Employment District
.-.
Q �
Q
CZ
M
C
rj �
��.11
rj �
i.l
l+i
U
r `
l
H,.i
�y
CZ 0
CZ
FrV
CC
`/
2
21,780 sf
100
50
20
25
7.5
10
48
4 assess ffma essory
units [1]
[1] Accessory Dwelling units are permitted as a Special Review Use pursuant to §7.16.100
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 97
Exhibit A to Ordinance 13 -14 Attachment A
(vi) Parking structures shall be oriented to provide pedestrian access to adjacent
public walkways, public buildings, and public plazas; however, to avoid
pedestrian/vehicle conflicts, placing major access points along the area's primary
street network shall be avoided where an alternate access point is possible.
7.28.100 Natural Resource Protection
(a) Steep Slopes
(1) Purpose. The purpose of this subsection is to:
(i) Prevent soil erosion and landslides;
(ii) Protect the public by preventing or regulating development in locations with
steep slopes;
(iii) Provide safe circulation of vehicular and pedestrian traffic to and within
hillside areas and to provide access for emergency vehicles necessary to serve the
hillside areas;
(iv) Encourage only minimal grading that relates to the natural contour of the
land and reduce necessity of retaining walls;
(v) Discourage mass grading of large pads and excessive terracing; and
(vi) Require revegetation and reclamation of slopes disturbed during
development.
(2) Applicability. The standards in this section shall apply to all new development,
with the exception of administrative and minor subdivisions and all other subdivision,
PUD and rezoning processes that do not result in an increase in
density.
(3) Standards. Development subject to these standards shall comply with the
following standards:
(i) Development on natural slopes of forty percent (40 %) or greater is
prohibited.
(ii) Grading Permits. No grading, excavation, or tree /vegetation removal shall
be permitted, whether to provide for a building site, for on -site utilities or services, or
for any roads or driveways, prior to issuance of a building permit in accordance with
a grading and excavation plan and report for the site approved by the Town Engineer.
(iii) Open Space. One hundred percent (100 %) of areas with a slope greater
than forty percent (40 %) shall remain in natural private or public open space, except
as expressly allowed in this section. This area may be credited toward open space
requirements and minimum lot area requirements.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 170
Exhibit A to Ordinance 13 -14 Attachment A
(iii) Any slope exposed or created in new development shall be landscaped or
revegetated with native or adapted trees and other native or adapted plant material.
New vegetation shall be equivalent to or exceed the amount and erosion - control
characteristics of the original vegetation cover in order to mitigate adverse
environmental and visual effects.
(iv) On man -made slopes of twenty percent (20 %) or greater, plant materials
with deep rooting characteristics shall be selected that will minimize erosion and
reduce surface runoff. The planting basin should be kept level with a raised berm
around the base of the plant to help retain moisture.
(v) To the maximum extent feasible, topsoil that is removed during construction
shall be conserved for later use on areas requiring revegetation or landscaping, such
as cut -and -fill slopes.
(vi) The plan shall also indicate a time frame for revegetation that is acceptable
to the Town and that takes into account optimal seasonal growing conditions.
Irrigation shall be provided to the revegetated areas if it is necessary to ensure
survival of species planted.
(d) Flood Damage Prevention
(1) Purpose. It is the purpose of this section to promote the public health, safety,
and general welfare, and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(i) Protect human life and health;
(ii) Minimize expenditure of public money for costly flood control projects;
(iii) Minimize the need for rescue and relief efforts associated with flooding and
that are generally undertaken at the expense of the general public;
(iv) Minimize prolonged business interruptions;
(v) Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone, and sewer lines; and streets and bridges located in areas of
special flood hazard;
(vi) Help maintain a stable tax base by providing for the secondary use and
development of areas of special flood hazard so as to minimize future flood blight
areas; and
(vii) Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(2) Applicability. The flood damage prevention regulations of this section shall
apply to all was of speeiar fleed hazards (n SF14 Special Flood Hazard Areas (SFHA)
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 180
Exhibit A to Ordinance 13 -14 Attachment A
within the jurisdiction of Avon and areas removed from the floodplain by the issuance of
a FEMA Letter of Map Revision Based on Fill (LOMR -F). The Flood Insurance Study
Rate Map (F1l4APkEISJ for Eagle County, Colorado and incorporated areas dated
December 4, 2007, by ri
the � a° a Emergeney Management ^ .- With accompanying
Flood Insurance Rate Maps (FIRM) and any revisions thereto serves as the basis for
establishing the ASF SFHA and is adopted by reference. The most recent version of the
FIRM received by the Town is on file with the Town Clerk.
(3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this
section includes methods and provisions for:
(i) Restricting or prohibiting uses that are dangerous to health, safety, and
property due to water or erosion hazards or that result in damaging increases in
erosion or in flood heights or velocities;
(ii) Requiring that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
(iii) Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers that may help accommodate or channel floodwaters;
(iv) Controlling filling, grading, dredging, and other development that may
increase flood damage; and
(v) Preventing or regulating the construction of flood barriers that will
unnaturally divert floodwaters or that may increase flood hazards in other areas.
(4) Compliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered nor shall any development occur without full compliance
with the terms of this section and other applicable regulations.
(5) Liability. The degree of flood protection intended to be provided by this
section has been determined to be reasonable for regulatory purposes and is based on
engineering and scientific methods of study. Floods of greater magnitude may occur and
flood heights may be increased by man -made or natural causes, such as ice jams and
bridge or culvert openings restricted by debris. This section does not imply that the areas
outside the ASFSFHA or land uses permitted outside the ASFSFHA will be free
from flooding or flood damages or that compliance with these regulations will prevent
any or all damages from flooding. Nor shall this section create a liability on the part of,
or a cause of action against the Town of Avon or any officer or employee of the Town for
any flood damages that may result from reliance on this section or any administrative
decision.
(6) Conflicting Regulations. This section is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. Where any provision of
this section conflicts or overlaps with another provision of this Development Code
including §7.28.100(b), Streams, Rivers, Waterbodies, and Wetlands; any state or federal
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 181
Exhibit A to Ordinance 13 -14 Attachment A
law; or any easement, covenant, or deed restriction then the more restrictive provision
shall apply.
(7) General Standards. In all areas of speei ' flead hazy 4s (n cFu4SFHA the
following standards are required:
(i) Construction Materials and Methods
(A) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
(B) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(ii) Utilities
(A) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(B) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters; and
(C) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(iii) Subdivision Proposals
(A) A subdivision proposal shall be consistent with the need to minimize
flood damage;
(B) A subdivision proposal shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
(C) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(D) Base flood elevation data shall be provided for subdivision proposals
and other proposed development that contain at least fifty (50) lots or five (5)
acres.
(iv) Effect of Development. Any proposed development shall be analyzed to
determine effects on the flood - carrying capacity of the ASF SFHA.
(v) Use Regulations. Uses shall be regulated in the ASF14SFHA and subareas
of the ASFHSFHA pursuant to this subsection.
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Exhibit A to Ordinance 13 -14 Attachment A
(A) Prohibited Uses in Floodway. No development, encroachment, use, or
alteration in, on, or over any part of the floodway shall be permitted that alone or
cumulatively with other such uses would cause or result in:
(1) The occupation of permanent or temporary structures.
(2) The development or use of overnight campgrounds or travel trailer
parks.
(3) Uses that customarily include the use, storing, or processing of
materials that are buoyant, flammable, explosive, or otherwise potentially
injurious to human, animal, or plant life during a time of flooding. Examples
include, but are not limited to, junkyards, automotive shops, and dry cleaners.
(4) Solid waste disposal sites and central collection sewage treatment
facilities.
(5) Uses that serve vulnerable populations with limited mobility
(including, but not limited to child care facilities, elementary schools, and
senior housing).
(6) The potential of solid debris (including, but not limited to, garages,
storage sheds, decks, or fences) or waste (including, but not limited to, septic
systems, or portable toilets) being carried downstream.
(7) An encroachment that would adversely affect the efficiency and
capacity of the floodway, change the direction of flow, cause any increase in
the base flood elevation, or cause foreseeable damage to others, wherever
located.
(8) An encroachment, including fill, new construction, substantial
improvements, or other development unless certification by a registered
professional engineer or architect is provided and demonstrates that
encroachments shall not result in any increase in flood levels or velocities
during the occurrence of the base flood discharge.
(9) Critical Facilities as defined by the Department of Natural
Resources, Colorado Water Conservation Board, Rules and Regulations for
Re ug latory Floodplains Rule 6. Critical Facilities dated November 17 2010
(10) Any use prohibited pursuant to §7.28.100(b)(4), Riparian Buffers.
(B) Allowed Uses in Floodway. The following uses shall be permitted
within the floodway to the extent that they are not prohibited in a particular area
by any underlying zoning district and only if they do not adversely affect the
efficiency of the floodway, change the direction of flow, or increase the base
flood elevation:
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Exhibit A to Ordinance 13 -14 Attachment A
(1) Agricultural uses such as general farming, pasture, grazing, forestry,
sod farming, and wild crop harvesting.
(2) Recreational uses not requiring permanent or temporary structures
designed for human habitation.
(3) Uses accessory to residential uses including, but not limited to,
lawns, open areas, gardens, driveways, and play areas.
(4) Road and highway structures.
(C) Prohibited Uses in Flood Fringe. No development or uses on or over
any portion of the flood fringe shall be permitted that alone or cumulatively with
other such development or uses would cause or result in any of the following:
(1) The storage or processing of materials that are buoyant, flammable,
explosive, or otherwise potentially injurious to human, animal, or plant life in
a time of flooding.
(2) Solid waste disposal sites and central collection sewage treatment
facilities.
(3) The potential of solid debris (including, but not limited to. garages,
storage sheds, decks, or fences) or waste (including, but not limited to, septic
systems, or portable toilets) being carried downstream.
(4) Critical Facilities as defined by the Department of Natural
Resources, Colorado Water Conservation Board, Rules and Regulations for
Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010.
(5) For additional restrictions, see §7.28.100(b)(4), Riparian Buffers.
(D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood
fringe and in areas removed from the floodplain by the issuance of a FEMA
LOMR -F subject to the zoning designation the property and this subsection, and
shall comply with the applicable standards of this subsection.
(1) Residential Structures. Residential structures and uses are allowed
provided that:
(I) Any residential structure designed for human occupancy or the
storage of property, shall be constructed, located, or improved so that any
external wall shall be not less than thirty (30) feet from the stream side of
the flood fringe.
(II) The lowest floor, including the basement, electrical, heating,
ventilation, plumbing, and air conditioning and other service facilities of
any residential building or structure and Substantial Improvement to any
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Exhibit A to Ordinance 13 -14 Attachment A
residential structure shall be not less than one foot above the maximum
base flood elevation. The lowest adjacent grade surrounding the structure
shall be filled to at least the base flood elevation, compacted with slopes
and protected by vegetated cover.
(III) The lowest interior grade, including crawl spaces, of any
residential building or structure shall not be lower than the lowest adjacent
grade.
(2) Nonresidential Structures and Uses. The following nonresidential
structures or uses are allowed:
(I) Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming, forestry,
wild crop harvesting, and sod farming.
(II) Private and public recreational uses, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, trap and
skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking, and
equestrian trails.
(III) Open area nonresidential uses such as lawns, gardens, parking
areas, and play areas.
(IV) Uses accessory to open space or uses for which a permit is
required under this section.
(V) Railroads, streets, roads, bridges, utility lines and facilities, and
structures for irrigation, drainage, or flood control.
(3) Nonresidential Standards. Nonresidential structures or uses shall
comply with the following:
(I) Any nonresidential structure shall either have the lowest floor,
including the basement, not less than one (1) foot above the BFE; or
together with attendant utility and sanitary facilities shall be flood proofed
so that below one (1) foot above the computed BFE the structure is water
tight with walls substantially impermeable to the passage of water; have
structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and be certified by an engineer or architect
registered in the State of Colorado that the standards of this subsection are
satisfied. Such certifications shall be submitted to the Town Engineer or
its designated representative and provide that where a non - residential
structure is intended to be made watertight below one (1) foot above the
BFE;
(II) A registered professional engineer or architect in the State of
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Exhibit A to Ordinance 13 -14 Attachment A
Colorado shall develop and/or review structural design, specifications, and
plans for the construction and shall certify that the design and methods of
construction are in accordance with current technical criteria; and
(III) A record of such certificate that includes the specific elevation
(in relation to the appropriate datum) that the structures are flood proofed.
All flood proofing shall meet the current technical criteria set by the
Colorado Water Conservation Board and the Federal Emergency
Management Agency. The applicant shall provide the certifications to the
Town Engineer.
In the event that floodwaters in the flood fringe can be expected to
attain a velocity greater than three feet per second at any point where the
proposed development is to occur, then additional flood proofing shall be
required sufficient to withstand such greater water velocity.
(4) Recreational Vehicles. Recreational vehicles that meet the
following conditions may be located in the flood fringe:
(I) The recreational vehicle is located on the site for fewer than 4-W
thii
qv 00 }consecutive days.
(II) The recreational vehicle is fully licensed and ready for highway
use.
(8) Floodplain Development Permit. A floodplain development permit shall be
obtained from the Town Engineer before the start of construction or development within
the ASF14SFHA.
(i) Contents of Floodplain Development Permits. Applications for
floodplain development permits are to be submitted to the Town Engineer and shall
include the following information as applicable:
(A) Application Form. A completed application form with all necessary
information completed.
(B) Site Plan. A plan at a scale of one inch equals two hundred feet (1" _
200') or as approved by the Town Engineer, stamped by an engineer registered in
the Stated of Colorado, which includes:
(1) The site location;
(2) A legal description of parcel;
(3) Base flood limits and water surface elevations;
(4) Floodway limits;
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Exhibit A to Ordinance 13 -14 Attachment A
(V) Certification from a Colorado Registered Professional Engineer
that the proposed floodway configuration, in combination with current
floodplain hydraulic conditions, meets FEMA and CWCB requirements
when evaluated against flood elevations established when the original
floodplain study was completed.
(VI) Electronic copies of all aforementioned data and model input
files of this section shall be submitted on a suitable medium.
(VII) LOMR to existing floodways shall continue to use the floodway
criteria in place at the time of the adopted floodway delineation as
approved by the Town Engineer.
(G) Report. An engineering report addressing those standards set forth in
this section, signed and sealed by a Colorado Registered Professional Engineer.
(ii) Standards for Permit Review
(A) Completeness. No later than ten (10) days following receipt of a
completed application for a floodplain development permit, the Town Engineer
shall:
(1) Determine and set a fee in an amount necessary to cover the costs
incurred in the review and approval or disapproval of the permit application,
including all hearings, copying, mailings, publications, labor, overhead,
consultants, experts, and attorneys that the Town deems necessary, and shall
notify the applicant in writing of the amount of the fee. Until the fee is paid to
the Town Engineer, the application for the floodplain development permit
shall not be further processed.
(2) Determine if the application is complete. If the application is not
complete the Town Engineer shall in writing notify the applicant of the
deficiency of the application. Until the information is submitted to the Town
Engineer, the application for the floodplain development permit shall not be
further processed.
(3) The amount of the fee may be increased at any time if it is
determined by the Town Engineer that the fee is not sufficient to cover all
costs associated with the floodplain development permit.
(B) Review of Application. Once the application is complete and the fee is
paid, the Town Engineer shall within thirty (30) days either:
(1) Approve the application and grant a permit if the proposed
development complies with these regulations. The Town Engineer may
attache such permit conditions as deemed necessary in furthering the purpose
of the ASF SFHA.
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Exhibit A to Ordinance 13 -14 Attachment A
(2) Deny the application if the proposed development does not comply
with the regulations of the nFHSFHA. The decision of the Town Engineer
shall state, in writing, reasons for the decision and shall be given to the
applicant.
(C) Permit Issued Only for Allowed Use. A floodplain development
permit shall not be issued unless the proposed development complies with the
standards and uses allowed in the ^FHSFHA and will not otherwise violate the
purposes and intent of these Floodplain Regulations.
(D) Determination of Flood Hazard. In reviewing an application for a
floodplain development permit, the Town Engineer shall determine the specific
flood hazard at the site and shall evaluate the suitability of the proposed use in
relation to the flood hazard.
(E) Other Permits and Approvals. The floodplain development permit
applicant must obtain all other necessary permits and approvals from which
approval is required by local, Federal or State law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(F) Issuance of Permit. If the Town Engineer determines that the
application for a floodplain development permit meets the purposes and
requirements of this Section, the floodplain development permit shall be issued,
with the attachments of any conditions as deemed necessary to further the
purposes of this Section. Such conditions may include, but are not limited to,
specification for modification of waste disposal methods and facilities,
landscaping, periods of operation, operational controls, sureties, deed restriction,
and adequate flood proofing.
(iii) Building Permit. The Chief Building Official shall not issue any permit
for, nor shall the Director allow any use involving any building, structure, or other
development within the ASF14SFHA unless a floodplain development permit has
been granted for the development.
(iv) Permit Expiration. A floodplain development permit shall expire two (2)
years after the date of issuance if the permittee has not commenced construction
under the permit.
(v) Waiver of Submission Requirements. The Town Engineer may waive any
part but not all of the submission requirements imposed by the ATIISFHA upon
petition by the applicant that a portion of the submission requirements is inapplicable
to the development for which the permit is sought, and/or full compliance with the
submission requirements would be unreasonable for the applicant and that the
proposed development will have an insubstantial impact on the surrounding area.
Such a waiver may be granted, after due consideration by the Town Engineer, upon
written determination that the information to be submitted is sufficient for the Town
Engineer to arrive at a permit decision in full compliance with the law and these
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Exhibit A to Ordinance 13 -14 Attachment A
CHAPTER 7.50
Historic and /or Cultural Preservation Designated
7.50.010 Chapter Purpose
This section sets forth procedures for reviewing proposed Historic and/or Cultural Landmark
Designations in the Town.
7.50.020 Review Procedures. After receiving written approval from the property
owner(s), the Historic Preservation Committee shall recommend Historic and/or Cultural
Landmarks to the Town Council. A public hearing is required with Town Council The
recommendation shall identify the criteria forming the basis of the recommendation and shall
include all pertinent information related to the site or building supporting the designation The
Town Council will approve or disapprove Historic and/or Cultural Landmark designation after
public hearing, at which the owner of the site or structure and all interested persons shall have an
opportunity to be heard. A majority decision of the Town Council is required for nomination
7.50.030 Review Criteria. A site or structure may be eligible for Historic and/or Cultural
Landmark designation if it has been in existence for at least 50 years or meets any of the
following criteria:
(a) Historic significance:
(1) Has character or is a point of interest that reflects the heritage and political
economic and/or social history or cultural development of the Town the state or the nation;
and,
(2) Is associated with historical persons or groups or represents important events in
national, state or local history; and,
(3) Is associated with an important individual or group who contributed in significant
ways to the political, social and/or cultural life of the community and
(b) Prehistoric or Archeological Interest or Information:
(1) Has character or is a place or point of interest that reflects prehistoric events or
archeological interest
(c) Architectural significance:
(1) Characterizes a style associated with a particular era; and
(2) Has a strong or unique relationship to other areas potentially eligible for
preservation; and,
(3) Is architecturally unique or innovative; and,
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Exhibit A to Ordinance 13 -14 Attachment A
(4) Has visual symbolic meaning or appeal for the community or, due to its unique
location or singular characteristics, represents established and familiar visual features of the
neighborhood or community,
7.50.040 Incentives. The Town Council, at their discretion, may provide to a property
owner some or all of the following benefits to incentivize a Historic Landmark designation:
(a) Partial waiver of building permit fees;
(b) Local property tax credits;
(c) Preservation maintenance or relocation assistance and other incentives as deemed
necessary y the Town Council; and
(d) Other appropriate incentives, also as determined by the Town Council.
7.50.050 Review of plans for sites and structures having designation. Any application
for any permit which includes the exterior alteration, relocation or removal of a site or structure
designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning
Commission for recommendation of approval or disapproval to the Town Council on the basis of
the following criteria. The Town Council on the basis of the following criteria shall approve or
disapprove the application after a public hearing at which the landowner and interested erp sons
have an opportunity to be heard.
(a) Criteria for alteration of a site or structure:
(1) Whether the architectural or historical character will itself be materially altered so
as to negatively impact the Historical Landmark; and,
(2) Whether the architectural style and arrangement and the texture of the exterior
surface materials of the existing structure and the proposed alteration appropriately relate to
each other and to other structures in the vicinity; and,
(3) Whether the alteration will negatively change or destroy the exterior architectural
features and details of the structure; and
(4) The effect of the proposed alteration on the protection, enhancement, perpetuation
and use of the Historic Landmark.
(b) Criteria for relocation of a structure:
(1) Significance of the original site; and,
(2) Whether the structure can be rehabilitated or used on its original site consistent with
the reasonable and beneficial use of the property; and
(3) Whether the proposed site is compatible with or detracts from the importance of the
Historic Landmark; and,
(4) Whether the structure can be moved without causing significant damage to its
physical integri ; and,
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Exhibit A to Ordinance 13 -14 Attachment A
(5) Whether the relocation of the structure is necessary to prevent undue hardship on
the property owner.
(c) Criteria for removal of a structure:
(1) Whether the structure presents an imminent hazard that cannot otherwise be
properly gated; and,
(2) Whether the structure can reasonably be rehabilitated and maintained in its present
location and the significance of the original site; and,
(3) Whether relocation of the structure is reasonably possible or practical; and
(4) Whether the structure can be rehabilitated or used on its original site consistent with
the reasonable and beneficial use of the property; and,
(5) Whether the removal of the structure is necessary prevent undue hardship on the
property owner.
7.50.060 Standards governing approval of development plans for sites and structures
having designation. Any pproved development plan including the alteration relocation or
removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the Town Council:
(a) The Historic and/or Cultural Landmark shall be continue to be used in a manner
consistent with its original purpose or a compatible purpose, so long as such use does not violate
an of f the provisions of this Code; and,
(b) The historic character of the Historic and/or Cultural Landmark shall be maintained by
avoiding the removal or alteration of features important to such character; and
(c) The use of original materials is encouraged. Distinctive and unique features finishes
materials and examples of craftsmanship should be retained and preserved. Repairs and
replacement of such features should match the original in color, shape texture and design.
Replacements should be fully documented with pictorial or physical evidence and a copy of such
evidence filed with the Town; and
(d) Where possible, additions and expansions shall be differentiated from the existing
structure so as to protect the Historic Landmark's historic integrity. Additions and expansions
shall also be undertaken in such a manner that their removal in the future would not destroy the
form or integrity of the original structure.
7.50.070 Removal of Historic Landmark designation. The Town Council, after public
hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall
have an opportunity to be heard, may remove Historic and/or Cultural Landmark designatio n
from a site or structure, based upon one or more of the following findings:
mdings:
(a) The Historic and/or Cultural Landmark designation creates undue hardship for the
owner;
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 270
Exhibit A to Ordinance 13 -14 Attachment A
(b) The structure is an imminent hazard to the health and safety of the public despite the
owner's efforts to properly maintain it;
(c) The structure is structurally unsound despite the owner's efforts to properly maintain it;
and/or,
(d) The historical significance was adopted in error or the structure no longer has historical
significance.
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Exhibit A to Ordinance 13 -14 Attachment A
NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the
determination of the Building Official to the Town Council by giving written notice of such appeal to the Town
Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice.
(Ord. 06 -06 §1; Ord. 86 -18 § 1(part))
8.30.040 Effect of voluntary abatement.
If the public nuisance is abated by the owner of any building or building activity which is in a condition
of abandonment within the sixty -day period allowed in the notice of violation, the Building Official shall
cease further abatement proceedings. (Ord. 06 -06 § l; Ord. 86 -18 § 1(part))
8.30.050 Abatement hearing — Town action — lien.
(a) Further abatement proceedings may be pursued by the Town when the notice of violation as
provided in Section 8.30.030 has been served and abatement of the public nuisance has not been
accomplished within the sixty -day period. However, if abatement of the public nuisance has been
commenced within the sixty -day period, the Building Official may grant a single extension of time for sixty
(60) days for good cause shown, such as delays beyond the control of the affected party or parties.
(b) In the event the owner of an abandoned building and /or building activity fails to abate the public
nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by
demolition and removal of the building or by causing the building to be completed and /or the restoration of
the property or premises to such a degree as, in the discretion of the Building Official, will accomplish
abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a
lien which may be foreclosed upon in the manner provided for the foreclosure of mechanic's liens. The
amount of such lien shall bear interest at the rate of eighteen percent (18 %) per annum from the date of
assessment until the same has been paid. (Ord. 06 -06 § 1; Ord. 89 -11 § 1; Ord. 86 -18 § I (part))
CHAPTER 8.32
Wildlife Protection
8.32.010 Purpose.
The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to
minimize the risk of dangerous interaction between humans and wildlife. (Ord. 10 -07 §3)
8.32.020 Definitions.
As used in this Chapter, the following words or phrases are defined as follows:
Attractant means any substance which could be reasonably expected to attract wildlife or does attract
wildlife, including but not limited to food products, pet food, feed, compost, grain or salt.
Centralized refuse container means any Dumpster or similar device used for the collection and
storage of solid waste.
2 "d Tier Title 8 Amendments 2013 Update November 6, 2013 Page 8 -27
Exhibit A to Ordinance 13 -14 Attachment A
Refuse means any waste that could reasonably attract wildlife, including but not limited to kitchen
organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease.
Resident means any person, firm, corporation or organization within the Town or on Town -
controlled land.
Residential refuse container means any trash can or similar device used for the collection and storage
of solid waste as defined in Section 8.12.010 of this Title that is not deemed wildlife- resistant by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee.
Special event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity or
any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and
inviting the public to participate with or without charge, whether held on public or private property.
Town Manager means the Town Manager or designee responsible for enforcing the provisions of
this Chapter and to whom all enforcement personnel are responsible.
Wildlife means any undomesticated inammal, including but not limited to elk, deer, sheep, lynx,
skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes.
Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such as a
Duinpster. The lid must have a latching device of sufficient design and strength to prevent access by
wildlife. Wildlife -proof refuse containers must remain intact and functional for at least thirty (30)
minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency
Grizzly Bear Committee. A container not so certified is considered a wildlife -proof refuse container if
it is certified as such by an official designated by the Town.
Wildlife - resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof.
The structure must have a latching device of sufficient design and strength to prevent access by wildlife.
The walls of the enclosure must extend to the ground, and the door can have no more than a three -
eighths -inch gap along the bottom. Ventilation openings shall be kept to a miniinum and must be
covered with a metal mesh or other material of sufficient strength to prevent access by wildlife.
Wildlife- resistant enclosures are subject to both the Building Code and the Zenin Development Code of
the Town. All enclosures require development plan and design approval from the Town and may
require a building pennit at the discretion of the Building Official and in accordance with the Building
Code. An enelesur-es of less than two hundred (200) square feet shall net ' . re abuilding pefmithu
square feet or- larger- r-e"ir-es a building pei:mit. A wildlife resistant enelesiife miist be appr-eved by an
offieial desigiiated by the Town.
Wildlife - resistant refuse container means a fully enclosed container of sturdy construction, either
plastic or any other material, which meets the definition of refuse container in Section 8.12.010 of this
Title and which is reinforced to deter access by wildlife. The container inust have a sturdy lid with a
latching mechanism which prevents access to the contents by wildlife. Wildlife- resistant refuse
containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife,
as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container
not so certified is considered a wildlife- resistant refuse container if it is certified as such by an official
designated by the Town. (Ord. 10 -07 §3)
8 -28
Exhibit A to Ordinance 13 -14 Attachment A
CHAPTER 15.02
Definitions
15.02.010 Definitions.
The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all
codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and
take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any
word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by
this Title.
Building Official means the person designated as the Building Official by the Town Manager.
Person means any natural person, association, firm, limited liability company, partnership or
corporation trust or other legal entity, ,
Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town
Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this
Title, or the Town Prosecutor. (Ord. 10 -02 §3)
CHAPTER 15.04
Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations.
(a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use
or occupy any building or structure in the Town, cause or pen-nit the same to be done, or fail to comply
with any lawful order or directive, which act is contrary to or in violation of any provision of any code,
standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of
this Title.
(b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection,
installation, alteration, extension, repair, removal or demolition of any work which violates any code
adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted
in this Title or any violation of any permit, certificate or condition of any pen-nit or certificate issued under
the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact
person designated in any active pen-nit issued by the Town or the property owner of record according to the
records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the
property. The notice of violation shall cite the specific section or sections of the code or codes which are
violated and shall direct the discontinuance of the illegal action or condition and the abatement of the
violation.
(c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly,
the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity
to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure,
equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. (Ord.
10 -02 §3)
15 -5
Exhibit A to Ordinance 13 -14 Attachment A
15.14.310 Penalty.
Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of
the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed guilty of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of any of the codes and standards named in the title of this Chapter is
committed, continued or permitted and, upon conviction of any such violation, such person, firm or
corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisomnent
for one (1) year, or by both such fine and imprisonment. (Ord. 10 -02 § §2, 3)
15.14.320 Repeal.
The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter,
shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the
effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not
revive any provision of any ordinance previously repealed or superseded unless expressly stated in this
Chapter. (Ord. 10 -02 § §2, 3)
15.14.330 Validity.
If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in
the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that
it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional. (Ord. 10 -02 § §2, 3)
CHAPTER 15.16
International Mechanical Code
15.16.010 Adoption.
The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code
is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL
60478 -5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and
is available for inspection during regular office hours. (Ord. 10 -02 § §2, 3)
15.16.020 Additions or modifications.
The 2009 International Mechanical Code is amended and changed in Sections 15.16.030 through
15.16.060 of this Chapter. (Ord. 10 -02 § §2, 3)
15.16.030 Section 106.5.2 — Fee schedule.
Section 106.5.2, Fee schedule, is repealed and reenacted to read as follows:
"106.5.2 Fee schedule. The fee for each pen-nit shall be as set forth in the Town of Avon Fee
Schedule A (as adopted by resolution of the Town Council)."
15 -28
Exhibit A to Ordinance 13 -14 Attachment A
(Ord. 10 -02 § §2, 3)
15.16.040 Section 109 — Means of Appeal.
Section 109, Means of Appeal, is repealed and reenacted as follows:
"109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building
Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code."
(Ord. 10 -02 §§2,3)
15.16.043 Table 403.3 — Minimum Ventilation Rates.
Table 403.3, Minimum Ventilation Rates, is hereby amended to add the following language:
"Note 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009
capital edition of the International Fire Code, Section 610.4.7."
(Ord. 10 -02 § §2, 3)
15.16.046 Section 903.3 — Unvented gas log heaters.
Section 903.3, Unvented gas log heaters, is hereby amended to read as follows:
"Unvented gas fireplaces are prohibited."
(Ord. 10 -02 §§2,3)
15.16.050 Section 701— Combustion Air, General.
Section 701, Combustion Air, General, is amended by adding a new Section 701.6 as follows:
"701.6 Type of construction. All buildings in the Town of Avon shall be considered to be of
unusually tight construction and will draw all combustion air from the outside of the building."
(Ord. 10 -02 § §2, 3)
15.16.060 Section 902 — Masonry Fireplaces.
Section 902, Masonry Fireplaces, is amended by deleting Section 902.1 and by adding the following
language:
"902.31— Definitions.
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15-29
Exhibit A to Ordinance 13 -14 Attachment A
23. Cr6ff appli—ee ...-ans a fully self eentained U.h. afid A.G.A. listed fir-eplaee Uftit Whieh d6e
use of solid fiw
fir-eplaee fitted with aft A.G.A. anEWer- U.L. listed gas log k4t, has tie damper- and vents 4wough-an
appFeved a d mpe f
r + o ,,R- e. ,.e. and gas v_alvea.
EPA certified wood stove means a heating appliance that has been independently tested bean
accredited laboratory to meet EPA - certified standards. A pa4ieulat emissior�.ate?.^ a
A list of
certified wood stoves is available on the EPA's website. Only new teehnelegy deviees may
as 1; 7 F;,, l Z i the Town.
Gas appliance means a fully self - contained, U.L. and A.G.A. listed fireplace unit which does not
require venting; through a masonry chimney, which has no damper and which does not permit the use
of solid fuel.
Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry plac
fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an a proved
vent.
Exception: The Building Official may approve a ag s fireplace equipped with interlocked damper
and gas valve.
New technology device means a solid - fuel - burning device which is certified by the EPA and
listed in the Colorado Department of Public Health and Environment's web page under Air pollution
control division, residential burning information. A new technology device is one which has been
EPA - certified and meets the definition of eei4il ee t -Ten as--afi as--a EPA certified wood stove. A new
teehnolo_ -v device shall also include a Pellet stove.
Solid - fuel - burning device means any fireplace, stove, firebox or device intended and/or used for
the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
15 -30
&.701 Eff-IMPT,
23. Cr6ff appli—ee ...-ans a fully self eentained U.h. afid A.G.A. listed fir-eplaee Uftit Whieh d6e
use of solid fiw
fir-eplaee fitted with aft A.G.A. anEWer- U.L. listed gas log k4t, has tie damper- and vents 4wough-an
appFeved a d mpe f
r + o ,,R- e. ,.e. and gas v_alvea.
EPA certified wood stove means a heating appliance that has been independently tested bean
accredited laboratory to meet EPA - certified standards. A pa4ieulat emissior�.ate?.^ a
A list of
certified wood stoves is available on the EPA's website. Only new teehnelegy deviees may
as 1; 7 F;,, l Z i the Town.
Gas appliance means a fully self - contained, U.L. and A.G.A. listed fireplace unit which does not
require venting; through a masonry chimney, which has no damper and which does not permit the use
of solid fuel.
Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry plac
fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an a proved
vent.
Exception: The Building Official may approve a ag s fireplace equipped with interlocked damper
and gas valve.
New technology device means a solid - fuel - burning device which is certified by the EPA and
listed in the Colorado Department of Public Health and Environment's web page under Air pollution
control division, residential burning information. A new technology device is one which has been
EPA - certified and meets the definition of eei4il ee t -Ten as--afi as--a EPA certified wood stove. A new
teehnolo_ -v device shall also include a Pellet stove.
Solid - fuel - burning device means any fireplace, stove, firebox or device intended and/or used for
the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
15 -30
Exhibit A to Ordinance 13 -14 Attachment A
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"902.152 Regulations for fireplaces above elevation of seven thousand eight i„ 11dr - ^a twenty
feet-. b One LthNew Technology
Device o (4- �� shall be permitted in each dwelling unit constructed
or the lobby hotel or lode,
provided that no new wood - burning or
other fuel - burning fireplaces or other devices shall be pennitted in dwelling units triplex and greater in
size after the ordinance codified in this chapter becomes effective. Above sueh elevation, eertified Ne -
b deviees, gas applianees gas fir-eplaees shall be peFmitted.
"902. -73 Coal usage prohibited. The burning of coal within the Town is prohibited."
(Ord. 10 -02 § §2, 3)
15.16.300 Violation.
The following clause concerning violations is set forth in full and adopted with reference to the 2009
International Mechanical Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair,
use and occupy any building or structure in the Town or cause or permit the saine to be done, contrary
to or in violation of any of the provisions of any of the codes or standards named in the title of this
Chapter."
(Ord. 10 -02 § §2, 3)
15.16.310 Penalty.
Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International
Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to
have committed a civil infraction for each and every day or portion thereof during which any infraction of
any of the provisions of any of the codes and standards named in the title of this Chapter is committed,
continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord.
10 -02 § §2, 3)
15 -31
Exhibit A to Ordinance 13 -14 Attachment A
15.16.320 Repeal.
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this
Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced
under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall
not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this
Chapter. (Ord. 10 -02 § §2, 3)
15.16.330 Validity.
If any section, subsection, sentence, clause or phrase of the 2009 International Mechanical Code named
in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that
it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional. (Ord. 10 -02 § §2, 3)
CHAPTER 15.18
International Fuel Gas Code
15.18.010 Adoption.
The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The 2009
International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue,
N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2009 International Fuel Gas Code is on file in
the Town Clerk's office and is available for inspection during regular office hours. (Ord. 10 -02 § §2, 3)
15.18.020 Additions or modifications.
The 2009 International Fuel Gas Code is amended and changed in Sections 15.18.030 through
15.18.070 of this Chapter. (Ord. 10 -02 § §2, 3)
15.18.030 Organization and enforcement.
Refer to the 2009 International Fuel Gas Code. (Ord. 10 -02 § §2, 3)
15.18.040 Reserved.
15.18.050 Section 106 — Permits.
Section 106, Permits, is amended as follows:
"106.6 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by
resolution of the Town.)"
(Ord. 10 -02 § §2, 3)
15 -32
Exhibit A to Ordinance 13 -14 Attachment A
(c) All manufactured homes, including mobile homes, shall comply with the installation requirements
set forth in Part 31, Manufactured Home Installation, Section 24 -32 -3101, et seq., C.R.S., and any other
rules and regulations adopted by the Colorado Division of Housing governing manufactured housing.
(d) All manufactured homes must comply with either Section 24 -32 -701, C.R.S., governing labeling
and construction compliance with state and federal standards or bear the red HUD label.
(e) All manufactured homes shall be designed with the snow load requirements as set forth in Section
15.08.120 of this Code unless it complies with one (1) of the following:
(1) An approved snow removal maintenance program;
(2) A protective shelter built over the home, not connected to the home; or
(3) A shelter designed by a professional engineer or architect. (Ord. 10 -02 §3)
15.22.040 General requirements — factory -built units.
(a) No person, firin or corporation shall place a factory-built unit within the Town without first
obtaining a permit therefor from the Building Official.
(b) No pen-nit for a factory-built home or any alteration or addition thereto shall be issued unless the
same complies with all requirements of the building code, including electrical, plumbing and mechanical,
in effect in the Town at the time. (Ord. 10 -02 §3)
CHAPTER 15.24
Solid -Fuel- Burning Devices
15.24.010 Purpose and applicability.
These regulations are enacted for the purpose of promoting the health, safety and general welfare of the
residents of and visitors to the Town. These regulations are intended to protect air quality. (Ord. 10 -02
§ §2, 3)
15.24.020 Definitions.
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
EPA certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet EPA - certified standards. µ�la,,,t 7 c
A list of certified
wood stoves is available on the EPA's website.
u ,.,,;,,b deyi ,r in the Town.
Gas appliance means a fully self - contained, U.L. and A.G.A. listed fireplace unit which does not
require venting through a masonry chimney, which has no damper and which does not permit the use of
solid fuel.
15 -39
Exhibit A to Ordinance 13 -14 Attachment A
Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace
fitted with an A.G.A. and /or U.L. listed gas log kit, has no damper and vents through an approved vent.
Exception: The Building Official may approve a gas fireplace equipped with interlocked damper
and gas valve.
New technology device means a solid -fuel- burning device which is certified by the EPA and listed in
the Colorado Department of Public Health and Environment's web page under Air pollution control
division, residential burning information. A new technology device is one which has been EPA- certified
and meets the definition of e°F44ea4en ^r a- EPA certified wood stove. A new technoIoil • device shall
also include a pellet stove.
Solid-fuel-burning device means any fireplace, stove, firebox or device intended and /or used for the
purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically
excludes noncominercial barbecue devices used to cook food outdoors. (Ord. 10 -02 § §2, 3)
codified in this chapter becomes effective.
15.24.040 Gas appliances.
All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited
except for the purposes of repair and maintenance. (Ord. 10 -02 § §2, 3)
15.24.050 Coal usage prohibited.
The burning of coal within the Town is prohibited. (Ord. 10 -02 § §2, 3)
15 -40
Attachment B
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 13 -06
SERIES OF 2013
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7,
DEVELOPMENT CODE, TITLE 8, HEALTH AND SAFETY, AND TITLE 15,
BUILDING AND CONSTRUCTION, OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law;
WHEREAS, the Town has adopted regulations to protect and maintain wildlife and these
regulations need to be amended as to not conflict with the Building Code requirements;
WHEREAS, the Town adopted the Avon Development Code ( "ADC ") and find that the text
must be amended periodically to address changed conditions, unintended consequences or
changes in public policy;
WHEREAS, the Planning and Zoning Commission ( "PZC "), Town Council, and Staff have
identified code sections that warrant amendments including the Definitions, Development Review
Procedures and Review Activity, Mailed Notice, Rezoning, Appeal, Dimensions for
Neighborhood Commercial District, and Flood Damage Prevention sections;
WHEREAS, the PZC, Town Council, and Staff have identified the need for adoption of
regulations establishing a Historic Preservation Advisory Committee and setting forth standards
for Historic and /or Cultural Preservation Designated,
WHEREAS, The Town Council initiated this code text amendment ( "Application ") on April
3, 2013, pursuant to their powers granted by §7.16.040(a), Review Procedures, Avon Municipal
Code ( "AMC ");
WHEREAS, Town has adopted regulations governing Buildings and Construction and these
regulations need to be amended to provide consistency with the Development Code and between
the regulations governing fireplaces;
WHEREAS, the PZC held a public hearing on October 15, 2013, after publishing and
posting notice as required by law, considered all comments, testimony, evidence and staff reports
provided by the Town staff, considered such information prior to formulating a recommendation;
WHEREAS, the PZC finds the Application complies with the review criteria set forth in
§7.16.040(c), Review Criteria, AMC as described below; and,
WHEREAS, it is the PZC's opinion that the health, safety and welfare of the citizens of the
Town of Avon would be enhanced and promoted by the adoption of the amendments.
Attachment B
NOW THEREFORE, BE IT RESOLVED, that the PZC hereby recommends that the
Town Council approve the attached amendments ( "Exhibit A to Resolution 133-06 ") with the
following finding:
(1) The amendments comply with the criteria set forth in §7.16.040(c) of the Avon
Municipal Code.
(2) The amendments provide clarity and consistency for modifications to Titles 8 and 15.
ACCEPTED, APPROVED AND ADOPTED THIS 152" DAY OF OCTOBER, 2013
AVON PLANNING AND ZONING COMMISSION
Signed:
Scott Prince, PZC Vice Chairperson
Resolution 13- 06.2 °d Tier Code Text Amendment
Exhibit A To Resolution 13 -06 Attachment B
Annual High Water Mark means the visible line on the edge or a river, stream, lake, pond,
spring or seep up to which the presence and action of water are so usual and long conditions
(with a recurrence interval of one (1) year or less) so as to create a distinct character with respect
to vegetation and the nature of the soil.
Applicant means an owner of real property, the owner's representative, or owner of an option
to acquire the property or portion thereof, who is authorized to represent and /or act upon any
application or submittal.
Appurtenances are the visible, functional, or ornamental objects accessory to and part of a
building.
Arcade is a series of arches supported on piers or columns.
Architectural Projection means a building element (i.e., chimney, cupola) which physically
projects beyond the plane of a required limitation (i.e., height).
Automobile Repair Shop, major means an establishment primarily engaged in the repair or
maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large
mechanical equipment, including paint, body and fender and major engine and engine part
overhaul, provided it is conducted within a completely enclosed building. Such use shall not
include the sale of fuel, gasoline or petroleum products.
Automobile Repair Shop, minor means an establishment primarily engaged in the repair or
maintenance of passenger and light truck oriented motor vehicles, trailer and similar mechanical
equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune
ups and transmission work, car washing, detailing, polishing or the like, provided it is conducted
within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or
petroleum products.
Awning means a roof -like cover of canvas or other material extending in front of a doorway
or window, or over a deck, to provide protection from the sun or rain.
Balcony means that portion of a structure that 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.
Basement means the definition of Basement as set forth in the most recent version of the
International Building Code adopted by the Town of Avon.
Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate
Map for Zones AE, AH, Al -A30, AR, AR/A, AR/AE, AR/Al -A30 AR/AH AR/AO V1 -V30
and VE that indicates the water surface elevation resulting from a flood that has a one percent
0 %) chance of equaling or exceeding that level in aLiy given year.
Bed and Breakfast means an establishment operated in a private residence or portion thereof,
which provides temporary accommodations to overnight guests for a fee and which is occupied
by the operator of such establishment.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 23
Exhibit A To Resolution 13 -06 Attachment B
Church or Place of Worship and Assembly means a building containing a hall, auditorium
or other suitable room or rooms used for the purpose of conducting religious or other services or
meetings of the occupants of such structure. Church or place of worship and assembly shall
include churches, synagogues or the like, but shall not include buildings used for commercial
endeavors, including, but not limited to, commercial motion picture houses or stage productions.
Common Element means that portion of a condominium project held in common ownership
by the owners or the condominium association or that portion of a project other than a
condominium project which is not under the exclusive ownership or possession of the owners or
occupants of a limited portion of the project.
Common Open Space means open space designed and intended primarily for the use or
enjoyment of residents, occupants and owners of a specific property or development.
Community Facility means a publicly owned facility or office building which is primarily
intended to serve the recreational, educational, cultural, administrative or entertainment needs of
the community as a whole.
Compatibility means the characteristics of different uses or activities or design which allow
them to be located near or adjacent to each other in harmony. Some elements affecting
compatibility include height, scale, mass and bulk of structures. Other characteristics include
pedestrian or vehicular traffic, circulation, access and parking impacts. Other important
characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture.
Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of
development proposals in maintaining the character of existing development.
Comprehensive Plan means the Town of Avon Comprehensive Plan; The West Town Center
District Investment Plan; The East Town Center District Plan; The Master Plan for HgM A.
Nottingham Park; The Town of Avon Recreational Trails Master Plan; and, The Town of Avon
Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area
plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time
provided that such amendments or supplemental documents are adopted by ordinance.
Conditional Letter of Map Revision (CL~ means FEMA's comment on a proposed
project, which does not revise an effective floodplain map, that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing re ug lator fllood_plain.
Condominium means an individual airspace unit together with the interest in the common
elements appurtenant to such unit.
Connecting Walkway means:
(a) Any street sidewalk; or
(b) Any walkway that directly connects a building entrance(s) to the street sidewalk, and
connects other origins and destinations for pedestrians, including but not limited to commercial
establishments, schools, parks, dwellings, work places and transit stops, without requiring
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 27
Exhibit A To Resolution 13 -06 Attachment B
pedestrians to walk across parking lots or driveways, around buildings or following parking lot
outlines which are not aligned to a logical route.
Conservation Easement means an interest in real property that provides the owner of the
easement the right to prohibit certain users or acts with respect to the property in order to
maintain the property in a manner that will preserve its value for recreation, education, habitat,
open space, or historical importance. See also §38- 30.5 -102 C.R.S.
Construction (Activity) means work done on a job site that alters the existing conditions of a
property.
Construction Staging Plan means a site plan submitted with final design and building permit
plans showing, at the minimum: contractor parking, construction materials storage, limits of site
disturbance, snow storage, refuse storage, sanitation facilities, project signage, and construction
trailer(s) location, as applicable. The staging plan may be combined on the same plan sheet as
the Pollution Control Plan.
Convenience Retail Store means a retail store containing less than five thousand (5,000)
square feet of gross floor area which sells everyday goods and services which may include,
without limitation, ready -to -eat food products, groceries, over - the - counter drugs and sundries.
Council means the governing board of the Town of Avon.
Covenants means private written agreements outlining regulations specific to a development.
As private restrictions, they are not enforced by the Town. In the event of conflict between the
covenants and this Code, this Code controls.
Crosswalk means a pathway delineated on a street for pedestrians to cross.
Critical Facility means a structure or related infrastructure, but not the land on which it is
situated, as defined by the Colorado Water Conservation Board, a division of the Department of
Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical
Facilities dated November 17, 2010, that if flooded may result in significant hazards to public
health and safety or interrupt essential services and operations for the community at any time
before, during and after a flood.
Cul -de -sac means a local street with only one outlet and having the other end for the reversal
of traffic movement.
Dedicated Real Property Interest means real property interest transferred to the Town by
platting, title, deed or other legal method approved by the Town Attorney.
Dedication means any grant by the owner of a right to use real property for the public in
general, involving a transfer of property rights, and an acceptance of the dedicated property by
the appropriate public agency.
Density, Dwelling Units per Acre, means the overall average number of dwelling units
located on the gross or net residential acreage (as applicable) contained within the development
and calculated on a per -acre basis. Gross density is calculated by dividing the total number of
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 28
Exhibit A To Resolution 13 -06 Attachment B
units by the total acreage. Net density is calculated by dividing the [total number of units] by the
[total acreage minus all publicly dedicated land].
Design Standard means any standard that sets forth specific requirements for development
improvements.
Detention Basin means a man -made or natural water collector facility designed to collect
surface and sub - surface water in order to impede its flow and to release the same gradually at a
rate not greater than that prior to the development of property, into natural or manmade outlets.
Developer means any person, partnership, joint venture, limited liability company,
association or corporation who participates as owner, promoter, developer or sales agent in the
planning, platting, development, promotion, sale or lease of a development.
Development means the grading or clearing of land, the erection, construction or alteration of
structures, the change of use of a property, or the division of property to create two (2) or more
separate ownership interests.
(a) Development shall also include:
(1) Any construction, placement, reconstruction, alteration of the size, or material
change in the external appearance of a structure on land;
(2) Any change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure or on a tract of land or a material increase in the intensity and
impacts of the development;
(3) Any change in use of land or a structure;
(4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake,
pond, reservoir or wetland;
(5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials,
storage of equipment or materials, filling or excavation on a parcel of land;
(6) The demolition of a structure;
(7) The clearing of land as an adjunct of construction;
(8) The deposit of refuse, solid or liquid waste, or fill on a parcel of land;
(9) The installation of landscaping within the public right -of -way, when installed in
connection with the development of adjacent property; and
(10) The construction of a roadway through or adjoining an area that qualifies for
protection as a wildlife or natural area.
(b) Development shall not include:
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 29
Exhibit A To Resolution 13 -06 Attachment B
Elevation means the external vertical plane of a building. Elevations are considered different
if they have different roof lines, building materials, details, color and overall stylistic expression.
Employee means a person employed in a building or on a property during normal periods of
use.
Employee Housing means that housing used exclusively for persons employed in Eagle
County.
Environmentally Sensitive Area means aquifer recharge areas, significant wildlife habitat
and migration corridors, unique vegetation and critical plant communities, and ridge lines.
Family means an individual living alone, or either of the following groups living together as
a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship or other
duly authorized custodial relationship; or
(b) Any unrelated group of persons consisting of-
(1) Not more than four (4) persons; or
(2) Not more than two (2) unrelated adults and their children, if any; or
(3) Not more than eight (8) developmentally disabled persons and appropriate staff
occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Family Child Care Home means a facility for child care in a place of residence of a family
or person for the purpose of providing less than twenty -four (24) hour care for children under the
age of eighteen (18) years who are not related to the head of such home. Family child care home
may include infant - toddler child care homes, large child care homes, experienced provider child
care homes, and such other types of family child care homes designated by rules of the State
Department of Social Services pursuant to C.R.S. §26- 6- 106(2)(p).
Farm Animal means animals commonly raised or kept in an agricultural, rather than an
urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle,
llamas, emus, ostriches, donkeys and mules.
FEMA means Federal Emergency Management Agency.
Fence means enclosing framework for exterior areas, such as yards or gardens.
FHA means Federal Housing Administration.
Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of water from channels and reservoir spillways•
(b) The unusual and rapid accumulation or runoff of surface waters from any source; or
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 32
Exhibit A To Resolution 13 -06 Attachment B
(c) Mudslides or mudflows that occur from excess surface water that is combined with
mud or other debris that is sufficiently fluid so as to flow over the surface of normallyry land
areas, such as earth carried by a current of water and deposited along the path of the current.
Flood Insurance Rate Map (FIRIW means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas
and the risk premium zones applicable to the community
Flood Insurance Study (FIS) means the official report provided by FEMA. The report
contains the FIRM as well as flood profiles for studied flooding sources that can be used to
determine BFE for some areas.
Floodnlain or Flood prone Area means any land area susceptible to being inundated as the
result of a flood, including the area of land over which floodwater would flow from the spillway
of a reservoir.
suseeptible to flee inn
Floodway means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one feet a designated height. The Colorado statewide standard
for the designated height used for all newly studied reaches shall be one -half (0.5) foot.
Footprint, also called Ground Level Footprint, means the outline of the total area which is
covered by a building's perimeter at ground level.
Foster Care Home means a facility that is certified by the county department of social
services or a child placement agency for child care in a place of residence of a family or person
for the purpose of providing twenty -four (24) hour family care for a child under the age of
eighteen (18) years who is not related to the head of such home, except in the case of relative
care.
Frontage means the portion of a lot that fronts on a public or private street.
Functional Open Space means open space which is large enough to serve a practical purpose
such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or
historical significance and shall exclude areas used for off - street parking, off - street loading,
service driveways and setbacks from oil and gas wells or their appurtenances, or other hazards to
the public.
Garage, Parking means a building or portion thereof, either public or private, used only for
parking of motor vehicles.
Geologic Hazard means unstable or potentially unstable slopes, undermining, faulting,
landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil
conditions or natural features unfavorable to development.
Government Services, Offices and Facilities means an office or building of a governmental
agency that provides administrative and /or direct services to the public, such as, but not limited
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 33
Exhibit A To Resolution 13 -06 Attachment B
Highway Corridor means the area within one thousand five hundred (1,500) feet of the
rights -of -way of the State Highway.
Historic Preservation Advisory Committee means a five - person advisory committee
appointed by the Town Council to make recommendations and findings s regarding historic sites
structures or features in the Town of Avon.
Historic andlor Cultural Landmark means a site and/or structure designated as a historic
landmark by the Historic Preservation Committee and approved by the Town Council within the
Town.
Home Occupation means an occupation or
service and is conducted in whole or in part
residential use of the dwelling unit.
business activity which results in a product or
in a dwelling unit, and is subordinate to the
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 non-
profit group 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, to
enter the property on which the dwelling unit is located;
(c) Does not require alteration to the residence to satisfy applicable Town, 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; and
(e) Does not change the appearance or residential character of the structure.
Homeowners Association means the association set up to enforce the covenants and maintain
all common areas and buildings for a development (also known as "Owners Association ").
Hospital means an institution providing health services primarily for human inpatient
medical or surgical care for the sick or injured and including related facilities such as
laboratories, out - patient departments, training and central services facilities and staff offices.
Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any
room or group of rooms use primarily for short term transient lodging for a total continuous
duration of less than thirty (30) days and which may include accessory uses such as offices,
laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting
rooms, retail and other similar accessory uses commonly associated with hotels, motels and
lodges.
Industrial, heavy means uses engaged in the basic processing and manufacturing of materials
or products predominately from extracted or raw materials, or a use engaged in storage of, or
manufacturing processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous conditions. Heavy industrial shall also mean those
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 35
Exhibit A To Resolution 13 -06 Attachment B
Lane means a private street; or a portion of a roadway delineated for a single line of vehicles;
or a secondary means of access to the abutting lots and not intended for general traffic
circulation.
Large Retail Establishment means a retail establishment, or any combination of retail
establishments in a single building, occupying more than twenty -five thousand (25,000) gross
square feet of floor area, except that no supermarket shall be deemed to be a large retail
establishment.
Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or
Flood Boundary and Floodwav Map (FBFM), or both. LOMRs are generally based on the
implementation of physical measures that affect the hydrologic or hydraulic characteristics of a
flooding source and thus result in the modification of the existing regulatory floodway, the
effective BFEs or SFHA.
Letter of Map Revision Based on Fill (LOMR -F) means FEMA's modification of the SFHA
shown on the FIRM based on placement of fill outside the existing regulatory floodway.
Livestock means farm animals kept or raised for use, pleasure and/or profit.
Loading Space means an off - street space or berth on the same lot with a building, or
contiguous thereto, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street, alley or other appropriate
means of access.
Long -term Care Facility means any of the following:
(a) Convalescent center means a health institution that is planned, organized, operated and
maintained to offer facilities and services to inpatients requiring restorative care and treatment
and that is either an integral patient care unit of a general hospital or a facility physically
separated from, but maintaining an affiliation with, all services in a general hospital.
(b) Nursing care facility means a health institution planned, organized, operated and
maintained to provide facilities and health services with related social care to inpatients that
require regular medical care and twenty -four (24) hour per day nursing services for illness, injury
or disability. Each patient shall be under the care of a physician licensed to practice medicine in
the State of Colorado. The nursing services shall be organized and maintained to provide twenty -
four (24) hour per day nursing services under the direction of a registered professional nurse
employed full time.
(e) Intermediate health care facility means a health - related institution planned, organized,
operated and maintained to provide facilities and services which are supportive, restorative or
preventive in nature, with related social care, to individuals who because of a physical or mental
condition, or both, require care in an institutional environment but who do not have an illness,
injury or disability for which regular medical care and twenty -four (24) hour per day nursing
services are required.
Lot means a parcel of real property as shown with a separate and distinct number or letter on
a plat recorded with the County Clerk and Recorder, or when not so platted in a recorded
2 d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 37
Exhibit A To Resolution 13 -06 Attachment B
subdivision, a parcel of real property abutting upon at least one public street and held under
separate ownership.
Lot Area means the total horizontal area within the lot lines of a lot, except that beneath the
mean waterline of a body of water.
Lot Coverage means the ratio of the area of the site which is rendered impermeable by
buildings compared to the total area of a site, excluding those rendered undevelopable, expressed
as a percentage.
Lot Depth means the average distance between the front lot line and the rear lot line.
Lot, double frontage means lots which front on one (1) public street and back on another.
Lot, flag means a lot so shaped and designed that the main building site area is set back from
the street on which it fronts and includes an access strip connecting the main building site with
the frontage street.
Lot Line, front means the property line dividing a lot from a street.
Lot Line, rear means the line opposite the front lot line.
Lot Line, side means any lot lines other than the front lot line or rear lot line.
Lot Size means the total horizontal area within the lot lines of a lot; synonymous with area of
lot.
Lot Width means the distance parallel to the front lot line, measured at the front building
setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the
front lot line at the building setback line. The lot width and the lot frontage may have different
lengths on an irregularly shaped lot as they are measured at different points on the lot.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Any
floor used for living purposes which includes working storage, sleeping cooking and eating, or
recreation or any combination thereof. This includes any floor that could be converted to such a
use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance
premium for a building, home or business. An unfinished or flood resistant enclosure usable
solely for parking of vehicles, building access or storage in an area other than a basement area is
not considered a building's lowest floor; provided that such enclosure is not built so as to render
the structure in violation of the applicable non - elevation design requirement of Section 60.3 of
the National Flood Insurance Program regulations.
Manufactured Home means a single - family dwelling which:
(a) Is partially or entirely manufactured in a factory;
(b) Is at least twenty -four (24) feet wide and thirty -six (36) feet long;
(c) Is permanently affixed to and installed on an engineered permanent foundation;
2 d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 38
Exhibit A To Resolution 13 -06 Attachment B
Slope means the relationship of elevation or vertical measure as divided by the horizontal
measurement shall be expressed as a percentage as a means of quantifying the term "slope."
Special Flood Hazard Area (SFHA) means the land in the flood-plain within a community
subject to a one percent ON or greater chance of flooding in any given year, i.e. the 100-year
floodplain.
Street means a public thoroughfare which affords the principal means of access to abutting
property.
Streetscape means the distinguishing character of a particular street, within or adjacent to the
public right -of -way, including paved materials, and the adjacent space extending along both
sides of a street including landscaping, sidewalks, medians, lighting, street furniture, and
signage.
Structure means a combination of materials to form a construction for use, occupancy or
ornamentation whether installed on, above or below the surface of land or water.
Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two
(2) or more lots, plots, sites, or airspace units.
Subsidence means a local mass movement that involves the downward settling or sinking of
the solid Earth's surface. Subsidence may be due to natural geologic processes or man's activity
such as coal mining.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "Start of Construction" of the improvement. The value of the structure
shall be determined by the local jurisdiction having land use authority in the area of interest.
This includes structures which have incurred "Substantial Damage ", regardless of the actual
repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary conditions; or,
(b) Any alteration of a "historic structure" provided that the alteration will not preclude the
structure's continued designation as a "historic structure"
Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor,
showing topographic contour intervals depicted at an engineering scale.
Tandem Parking means parking two (2) cars in a driveway or parking space so that one car
is right in front of the other and the front car can not move until the back car is moved.
Temporary Use means a prospective use intended for limited duration, is to be located in a
zoning district not permitting such use, and shall not include continuing a nonconforming use or
building.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 45
Exhibit A To Resolution 13 -06 Attachment B
(e) Delegate any duty set forth in this Development Code to another official within the
Community Development Department when determined appropriate and efficient by the
Director.
7.12.060 Other Departments and Agencies
The Town may request review and input of applications from other Town boards,
commissions, departments, other governmental agencies, and non - government agencies, as
determined appropriate considering the nature of the application.
7.12.070 Historic Preservation Advisory Committee
(a) Establishment and Purpose. There is hereby established a Historic Preservation
Advisory Committee (HPAC) of the Town. The purposes of the HPAC are as follows:
(1) To promote the health, safety and welfare of the residents of the Town of Avon
through the regulation of historic and/or cultural sites and structures•
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Protect and enhance the Town's attraction to tourists and visitors and increase the
quality of life of the residents;
(4) Promote the use of historical or architectural sites, structures and objects for the
education and welfare of the residents of the town;
(5) Promote and encourage private ownership stewardship and utilization of such sites
structures and objects;
(6) Integrate historic and/or cultural preservation with the Town of Avon
Comprehensive Plan;
(7) Maintain the Town's unique character by recognizing the import ance of
Preservation and renewing the Town's legacy for present and future generations;
(8) Discourage the unnecessaa demolition of historic and/or cultural resources;
(9) Provide incentives for the continued use of historic and/or cultural resources and
facilitate their appropriate stewardship and reuse;
(10) Encourage the conservation of historic settings and landscapes
(11) Promote retention of historical integrity in the context of proposed land use.
(b) Duties. The HPAC shall have the following functions and duties:
(1) Recommend Historic and/or Cultural Landmarks which meet the Landmark
Designation Criteria to the Town Council;
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 52
Exhibit A To Resolution 13 -06 Attachment B
(2) Review Applications for M permit which includes the exterior alteration,
relocation or removal of a site or structure designated as a Historical and/or Cultural
Landmark and make recommendations to the Planning and Zoning Commission.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 53
Exhibit A To Resolution 13 -06 Attachment B
Chapter 7.16
Development Review Procedures
7.16.010 Purpose.
This chapter contains regulations and the procedures for development applications.
§7.16.020 contains regulations that are generally applicable to all development application
review procedures, described in a series of sequential steps. The purpose is to establish uniform
procedures for application types to the extent possible. Subsequent sections identify the
applicability of the common steps to specific procedures, noting any differences between the
common procedures and those for the specific procedure. Specific procedure provisions
supplement, rather than replace, provisions of the common steps, unless the provisions conflict,
in which case the provisions of the specific procedure control. Table 7.16 -1 indicates the
specific review and approval procedures of this chapter, with section references.
Table 7.16 -1: Development Review Procedures and Review Authority
Procedure
Director
PZC
TC
Comprehensive Plan Amendment ( §7.16.030)
R
H -R
H -D
Code Text Amendment ( §7.16.040)
R
H -R
H -D
Zeni Mg Rezoning ( §7.16.050)
R
H -R
H -D
Administrative PUD
D
A
Planned
Minor PUD Amendment
R
H -R
H -D
Unit
Development
Major PUD Amendment
R
H -R
H -D
( §7.16.060)
Preliminary PUD
R
I1 -R
H -D
Final PUD
R
H -R
H -D
Administrative Subdivision
D
A
Subdivision
Minor Subdivision
R
H -D
( §7.16.070)
Preliminary Plan
R
H -R
H -D
Final Plat
R
H -D
Development
Minor
D
A
Plan
Major
R
14R -D
A
( §7.16.080)
Major in Town Core
R
H-R
11R -D
Design Review ( §7.16.090)
R -D or R
11R -D
A
Special Review Use ( §7.16.100)
R
H -D
A
Variance ( §7.16.110)
R
H -D
A
Alternative Equivalent Compliance ( §7.16.120)
R
141R -D or 11-R
A or 44R -D
Right -of -Way Vacation ( §7.16.130)
R
H -D
Vested Property Right ( §7.16.140)
R
H -R
H -D
Location, Character, and Extent ( §7.16.150)
R
H -D
A
Appeal ( §7.16.160)
H -D
Annexation ( §7.36)
R
H -R
H -D
1041 Permit ( §7.40)
R
H -R
H -D
R= Review /Recommendations; H= Public Hearing; D= Decision; A= Appeal
7.16.020 General Procedures and Requirements.
2"d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 54
Exhibit A To Resolution 13 -06 Attachment B
which is the subject of a development application, as measured from the boundary of the
property. If a property within three hundred (300) feet that requires notification is a
condominium project, notice may be mailed to the managing agent, registered agent, or any
member of the board of directors of the project. Mailed notice shall be postmarked at least
eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the
applicant's expense. The Eagle County Assessor's records may be used to determine the
addresses of real property owners. The Town shall include a certificate of mailing in the
public record. Mailed notice shall be required for annexation, , major
subdivision, planned unit development, rezoning;, ri t - of -way vacation, -anl- variance, and
vested property right applications.
(3) Notice Content. Every required form of notice shall state the time and place of the
hearing, the name of the applicant, a general description of the subject property indicating its
location (which shall be shown by map), a brief summary of the subject matter of the
hearing, a description of the proposed development, a statement that the application or
information relating to the proposed change or amendment is available in the Director's
office during regular business hours for review or inspection by the public, and a statement
that written comments may be submitted to the Community Development Department. All
required notices shall be approved by the Director prior to posting or distributing.
(4) Constructive Notice. Minor defects in any notice shall not impair the notice or
invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply
with applicable notice requirements. Minor defects in notice shall be limited to errors in a
legal description or typographical or grammatical errors that do not impede communication
of the notice to affected parties. In all cases, however, the requirements for the timing of the
notice and for specifying the time, date, and place of a hearing shall be strictly construed.
Any person who appears at a public hearing is deemed to have received constructive notice
and waived any grounds to challenge defective notice. If a question arises at the hearing
regarding the adequacy of notice, the reviewing or decision - making body shall make a formal
finding as to whether there was substantial compliance with the notice requirements of this
Code. When the records of the Town document the publication, mailing, and posting of
notices as required by this section, it shall be presumed that notice was given as required by
this Section. If the reviewing or decision - making body takes action to continue a hearing to a
future specified date, time and location, then constructive notice is deemed to have been
provided for such continued hearing date and additional notices shall not be required.
(e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the
PZC and/or Town Council after a complete application has been received, town staff has
completed town staff review and referral agencies have had an opportunity to provide comments.
The Director may delay the scheduling of a public hearing to a subsequent meeting where an
agenda of the PZC or Town Council is full. A complete application shall be scheduled for an
initial public hearing within seventy -five (75) days after the date that the application is
determined to be complete unless the applicant consents to scheduling the public hearing on a
later date. The PZC or Council may continue a public hearing on its own initiative for a
maximum of sixty -five (65) days after the date of the initial public hearing without the consent of
the applicant. PZC or Council may continue a public hearing for a maximum of ninety -five (95)
days with the consent of the applicant. The reviewing authority shall have thirty-five (35) days
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 58
Exhibit A To Resolution 13 -06 Attachment B
(3) The text amendment promotes or implements the purposes stated in this
Development Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions,
new planning concepts, or other social or economic conditions.
7.16.050 Rezonings.
The boundaries of any zone district may be changed, or the zone classification of any parcel
of land may be changed, pursuant to this section. The purpose is not to relieve particular
hardships, nor to confer special privileges or rights on any person, but only to make adjustments
to the Official Zoning Map that are necessary in light of changed conditions or changes in public
policy, or that are necessary to advance the general welfare of the Town.
(a) Review Procedures. Applications for a . mentrezonina shall follow the
general review procedures set forth in §7.16.020, General Procedures and Requirements.
Applications for „, °r dmentsrezonings may be initiated by the Town Council or the
property owner and may not be initiated by any other person.
(b) Review Authority. The PZC shall review applications for
ameadr+entsrezonings and shall provide a recommendation to the Town Council after
conducting a public hearing. The Town Council shall render the final decision on an application
for zewng afnen4n+efftsrezonings after conducting a public hearing. wing
arneadmentsRezonings shall be approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall use the following review criteria
as the basis for recommendations and decisions on applications for z
emendfffentsrezonings:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in
the character of the area proposed to be rezoned
(6) Whether there are adequate facilities available to serve development for the type
and scope suggested by the proposed zone compared to the existing zoning, while
maintaining adequate levels of service to existing development;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning
district(s);
(8) That, compared to the existing zoning the rezoning is not likely to result in adverse
impacts upon the natural environment, including air, water, noise, stormwater management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 62
Exhibit A To Resolution 13 -06 Attachment B
(9) That, compared to the existing zoning, the rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master
Plan as reflected in the approval of the applicable PUD; and,
(11) Adequate mitigation is required for zeni g --dmetAsrezoning applications which
result in greater intensity of land use or increased demands on public facilities and
infrastructure.
(d) Mitigation. Zoning affiendments]Zezoning applications which propose a greater
intensity of land use or increased demands on public services or infrastructure shall be required
to provide adequate mitigation of such impacts. Greater intensity of land use or increased
demands on public facilities and infrastructure shall include, but are not limited to:
transportation, water, sewer, schools, emergency services, police, parks and recreation, medical,
and library. Adequate mitigation may include providing dedications of land or cash -in -lieu for
the proportionate share of capital investment in public facilities and infrastructure related to the
potential incremental increase of demand created from the existing zoning classification to the
proposed zoning classification.
7.16.060 Planned Unit Development (PUD).
(a) Purpose. This section is intended to allow flexible development patterns that are not
specifically provided for in this Development Code. It is the purpose of this section:
(1) To promote and permit flexibility that will encourage innovative and imaginative
approaches in land development and renewal that will result in a more efficient, aesthetic,
desirable, and economic use of land while maintaining density and intensity of use consistent
with the applicable adopted plans, regulations, and policies of the Town;
(2) To promote development within the Town that can be conveniently, efficiently, and
economically served by existing local utilities and services or by their logical extension;
(3) To promote design flexibility including placement of buildings, use of open space,
pedestrian and vehicular circulation systems to and through the site, and off - street parking
areas in a manner that will best utilize potential on -site characteristics such as, topography,
geology, geography, size, and proximity;
(4) To provide for the preservation of historic or natural features where they are shown
to be in the public interest, including but not limited to such features as: drainage ways, flood
plains, existing topography or rock outcroppings, unique areas of vegetation, historic
landmarks, or structures;
(5) To provide for compatibility with the area surrounding the project site;
(6) To provide for usable and suitably located open space such as, but not limited to,
bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens,
outdoor seating areas, outdoor picnic areas, and similar open space;
(7) To minimize adverse environmental impacts of development;
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 63
Exhibit A To Resolution 13 -06 Attachment B
(d) Review Criteria. The PZC and Council shall use the following review criteria as the
basis for recommendations and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the public way, place, structure, facility or utility;
(4) Compatibility with surrounding land uses; and
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods,
including by not limited to traffic, noise, odors, vibrations, and property values.
7.16.160 Appeal.
This section sets forth the procedures to appeal a decision of the Director or the PZC which is
made pursuant to this Development Code. Only a final decision of the Director or the PZC may
be appealed. Recommendations to a decision making authority are not subject to appeal.
(a) Appeal Procedures. An appeal may be submitted by an applicant for a development
approval or by a Town Council member. The appellant must provide a written request for appeal
of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the
date of the decision. The Town Council shall conduct a public hearing within forty -five (45)
days of receipt of a written request for appeal. Written notice of the public hearing date, time
and location shall be mailed to the appellant via first class U.S. mail at least ten (10) days prior to
the public hearing, unless the appellant agrees to a shorter timeframe and a different notification
method.
(b) Review Authority. The Town Council shall review appeals of decisions of the
Director or PZC after conducting a public hearing. The Town Council shall render the final
decision on an appeal.
(c) Review Criteria. The Town Council shall use the applicable review criteria to the
decision that is appealed. Town Council shall review decisions de novo.
(d) Town Council Decision Final. A decision of the Town Council is final. An aggrieved
person may appeal a decision of the Council to the district court or to another state or federal
court of competent jurisdiction.
(e) Decision. Council shall, in writing, confirm, modify, or reverse the decision within
thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Council
that results in action modifying or reversing the decision of a Town body or officer shall describe
the specific reasons for the modification or reversal. Action of the Council shall become final
immediately. Failure of the Council to act within the forty (40) additional days shall be deemed
action confirming the decision unless the applicant consents to an additional time extension.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 89
Exhibit A To Resolution 13 -06 Attachment B
(2) Concentrate higher- intensity commercial and office employment growth efficiently
in and around the town center and other centers of community activity;
(3) Encourage mixed -use redevelopment, conversion, and reuse of aging and
underutilized areas, and increase the efficient use of available commercial land in the town;
(4) Create pedestrian- oriented environments that encourage transit use, pedestrian
access, and more sustainable land use patterns; and
(5) Ensure that the appearance and function of residential and nonresidential uses are of
high and unique aesthetic character and quality, and are integrated with one another and the
character of the area in which they are located.
(b) Commercial and Industrial Commercial District Purposes:
(1) Help implement the Avon Comprehensive Plan by accommodating a full range of
office, retail, commercial, service, and mixed -uses needed by Avon's residents, businesses,
visitors, and workers;
(2) Encourage site planning, land use planning, and architectural design that create an
interesting, pedestrian - friendly environment where appropriate;
(3) Maintain and enhance the Town's economic base and provide shopping,
entertainment and employment opportunities close to where people live and work;
(4) Preserve, protect, and promote employment- generating uses;
(5) Create suitable environments for various types of commercial and industrial uses
and protect them from the adverse effects of incompatible uses;
(6) Allow flexibility to encourage redevelopment and positive improvements to
existing businesses and residences;
(7) Minimize potential negative impacts of heavy impact nonresidential development
on adjacent residential areas; and
(8) Provide suitable locations for public and semipublic uses needed to compliment
nonresidential development.
7.20.080 Mixed -Use and Commercial Districts Purpose Statements
(a) Neighborhood Commercial (NC). The NC district is established to provide for a
compatible mix of residential, small -scale neighborhood - serving commercial and civic uses.
Townhouse, multi - family units, and limited commercial uses are allowed in this district. This
district is intended to be placed in a neighborhood setting providing a comfortable and safe
pedestrian environment and further enhancing the character of the neighborhood. The NC
district implements the mixed -use classification of the Avon Future Land Use Plan and should be
located along a collector roadway.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 94
Exhibit A To Resolution 13 -06 Attachment B
Table 7.20 -7 Dimensions for the Neighborhood Commercial District
iz
Y
CZ
CZ
5�
Chi
O
�4
1
Ca
5�
Ct
b
C�I
rl
b
v
U
[3]
40
50 [4]
Cn
10
0 [1]
10 [2]
[3]
40
50 [4]
20
5 min, 15 max
0 [1]
20 [2]
38
X7_5
du/acre
[ 1 ] NC abutting a residential district shall match the side yard setback standards of that district.
[2] When abutting a public street, alley, or public right -of -way. The rear setback for NC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
[4] May be increased to 60% if employee housing mitigation is provided in accordance with
§7.20.100.
(1) Additional Water Rights Dedication. The dedication of additional water rights
shall be required as a condition to approval of development which exceeds seven and one -
half (7.5) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water
right allocation for the lot. The Town may accept cash -in -lieu of dedication in accordance
with a water rights dedication impact fee schedule adopted by ordinance if the Town has
adequate availability of surplus water rights as determined by the Town Council in its sole
discretion.
(b) Mixed -Use Commercial (MC). The MC district is established to group and link
places used for working, shopping, educating, and recreating with residential uses thereby
creating a compact community form. This district allows commercial, office, civic, townhouse,
and apartment uses, and along with Neighborhood Commercial is the preferred district and
development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve
traffic congestion, and provide an urbanized, pedestrian environment. MC implements the
mixed -use land use classification of the Avon Future Land Use Plan and should be located
adjacent to the Town Center as a transitional district.
Table 7.20 -8 Dimensions for the Mixed -Use Commercial District
iz
Y
CZ
i..
1
Ca
5�
Ct
Z
[3]
40
50 [4]
20
10
0 [1]
10 [2]
1 60
[ 1 ] MC abutting a residential district shall match the side setback of that district.
[2] When abutting a public street, alley, or public right -of -way. The rear setback for MC abutting a
residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW.
[3] Must meet density and setback requirements.
[4] May be increased to 70% if employee housing mitigation is provided in accordance with
§7.20.100.
(1) Additional Water Rights Dedication. The dedication of additional water rights
shall be required as a condition to approval of development which exceeds twenty (20)
dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 95
Exhibit A To Resolution 13 -06 Attachment B
(vi) Parking structures shall be oriented to provide pedestrian access to adjacent
public walkways, public buildings, and public plazas; however, to avoid
pedestrian/vehicle conflicts, placing major access points along the area's primary
street network shall be avoided where an alternate access point is possible.
7.28.100 Natural Resource Protection
(a) Steep Slopes
(1) Purpose. The purpose of this subsection is to:
(i) Prevent soil erosion and landslides;
(ii) Protect the public by preventing or regulating development in locations with
steep slopes;
(iii) Provide safe circulation of vehicular and pedestrian traffic to and within
hillside areas and to provide access for emergency vehicles necessary to serve the
hillside areas;
(iv) Encourage only minimal grading that relates to the natural contour of the
land and reduce necessity of retaining walls;
(v) Discourage mass grading of large pads and excessive terracing; and
(vi) Require revegetation and reclamation of slopes disturbed during
development.
(2) Applicability. The standards in this section shall apply to all new development,
with the exception of administrative and minor subdivisions and all other subdivision,
PUD and rezoning processes that do not result in an increase in
density.
(3) Standards. Development subject to these standards shall comply with the
following standards:
(i) Development on natural slopes of forty percent (40 %) or greater is
prohibited.
(ii) Grading Permits. No grading, excavation, or tree /vegetation removal shall
be permitted, whether to provide for a building site, for on -site utilities or services, or
for any roads or driveways, prior to issuance of a building permit in accordance with
a grading and excavation plan and report for the site approved by the Town Engineer.
(iii) Open Space. One hundred percent (100 %) of areas with a slope greater
than forty percent (40 %) shall remain in natural private or public open space, except
as expressly allowed in this section. This area may be credited toward open space
requirements and minimum lot area requirements.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 169
Exhibit A To Resolution 13 -06 Attachment B
(iii) Any slope exposed or created in new development shall be landscaped or
revegetated with native or adapted trees and other native or adapted plant material.
New vegetation shall be equivalent to or exceed the amount and erosion - control
characteristics of the original vegetation cover in order to mitigate adverse
environmental and visual effects.
(iv) On man -made slopes of twenty percent (20 %) or greater, plant materials
with deep rooting characteristics shall be selected that will minimize erosion and
reduce surface runoff. The planting basin should be kept level with a raised berm
around the base of the plant to help retain moisture.
(v) To the maximum extent feasible, topsoil that is removed during construction
shall be conserved for later use on areas requiring revegetation or landscaping, such
as cut - and -fill slopes.
(vi) The plan shall also indicate a time frame for revegetation that is acceptable
to the Town and that takes into account optimal seasonal growing conditions.
Irrigation shall be provided to the revegetated areas if it is necessary to ensure
survival of species planted.
(d) Flood Damage Prevention
(1) Purpose. It is the purpose of this section to promote the public health, safety,
and general welfare, and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(i) Protect human life and health;
(ii) Minimize expenditure of public money for costly flood control projects;
(iii) Minimize the need for rescue and relief efforts associated with flooding and
that are generally undertaken at the expense of the general public;
(iv) Minimize prolonged business interruptions;
(v) Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone, and sewer lines; and streets and bridges located in areas of
special flood hazard;
(vi) Help maintain a stable tax base by providing for the secondary use and
development of areas of special flood hazard so as to minimize future flood blight
areas; and
(vii) Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(2) Applicability. The flood damage prevention regulations of this section shall
apply to all areas of speeial flood hazafds (^ SF14`Special Flood Hazard Areas (SFHA,i
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 179
Exhibit A To Resolution 13 -06 Attachment B
within the jurisdiction of Avon and areas removed from the flood lain by the issuance of
a FEMA Letter of Map Revision Based on Fill (LOMR -F). The Flood Insurance Study
Rate Map (F4RM4LFISJ for Eagle County, Colorado and incorporated areas dated
December 4, 2007, by the Fedef ' Emer-geney Nlaaagemen4 ^ gene• with accompan jnng
Flood Insurance Rate Maps (FIRM) and any revisions thereto serves as the basis for
establishing the ASF SFHA and is adopted by reference. The most recent version of the
FIRM received by the Town is on file with the Town Clerk.
(3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this
section includes methods and provisions for:
(i) Restricting or prohibiting uses that are dangerous to health, safety, and
property due to water or erosion hazards or that result in damaging increases in
erosion or in flood heights or velocities;
(ii) Requiring that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
(iii) Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers that may help accommodate or channel floodwaters;
(iv) Controlling filling, grading, dredging, and other development that may
increase flood damage; and
(v) Preventing or regulating the construction of flood barriers that will
unnaturally divert floodwaters or that may increase flood hazards in other areas.
(4) Compliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered nor shall any development occur without full compliance
with the terms of this section and other applicable regulations.
(5) Liability. The degree of flood protection intended to be provided by this
section has been determined to be reasonable for regulatory purposes and is based on
engineering and scientific methods of study. Floods of greater magnitude may occur and
flood heights may be increased by man -made or natural causes, such as ice jams and
bridge or culvert openings restricted by debris. This section does not imply that the areas
outside the ASF-14SFHA or land uses permitted outside the ASF SFHA will be free
from flooding or flood damages or that compliance with these regulations will prevent
any or all damages from flooding. Nor shall this section create a liability on the part of,
or a cause of action against the Town of Avon or any officer or employee of the Town for
any flood damages that may result from reliance on this section or any administrative
decision.
(6) Conflicting Regulations. This section is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. Where any provision of
this section conflicts or overlaps with another provision of this Development Code
including §7.28.100(b), Streams, Rivers, Waterbodies, and Wetlands; any state or federal
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 180
Exhibit A To Resolution 13 -06 Attachment B
law; or any easement, covenant, or deed restriction then the more restrictive provision
shall apply.
(7) General Standards. In all areas of speeial fleed hazards (ASFH4SFHA the
following standards are required:
(i) Construction Materials and Methods
(A) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
(B) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(ii) Utilities
(A) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(B) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters; and
(C) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(iii) Subdivision Proposals
(A) A subdivision proposal shall be consistent with the need to minimize
flood damage;
(B) A subdivision proposal shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
(C) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(D) Base flood elevation data shall be provided for subdivision proposals
and other proposed development that contain at least fifty (50) lots or five (5)
acres.
(iv) Effect of Development. Any proposed development shall be analyzed to
determine effects on the flood - carrying capacity of the ASF14SFHA.
(v) Use Regulations. Uses shall be regulated in the ASFHSFHA and subareas
of the ASFHSFHA pursuant to this subsection.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 181
Exhibit A To Resolution 13 -06 Attachment B
(A) Prohibited Uses in Floodway. No development, encroachment, use, or
alteration in, on, or over any part of the floodway shall be permitted that alone or
cumulatively with other such uses would cause or result in:
(1) The occupation of permanent or temporary structures.
(2) The development or use of overnight campgrounds or travel trailer
parks.
(3) Uses that customarily include the use, storing, or processing of
materials that are buoyant, flammable, explosive, or otherwise potentially
injurious to human, animal, or plant life during a time of flooding. Examples
include, but are not limited to, junkyards, automotive shops, and dry cleaners.
(4) Solid waste disposal sites and central collection sewage treatment
facilities.
(5) Uses that serve vulnerable populations with limited mobility
(including, but not limited to child care facilities, elementary schools, and
senior housing).
(6) The potential of solid debris (including, but not limited to, garages,
storage sheds, decks, or fences) or waste (including, but not limited to, septic
systems, or portable toilets) being carried downstream.
(7) An encroachment that would adversely affect the efficiency and
capacity of the floodway, change the direction of flow, cause any increase in
the base flood elevation, or cause foreseeable damage to others, wherever
located.
(8) An encroachment, including fill, new construction, substantial
improvements, or other development unless certification by a registered
professional engineer or architect is provided and demonstrates that
encroachments shall not result in any increase in flood levels or velocities
during the occurrence of the base flood discharge.
(9) Critical Facilities as defined by the Department of Natural
Resources, Colorado Water Conservation Board, Rules and Regulations for
Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010.
(10) Any use prohibited pursuant to §7.28.100(b)(4), Riparian Buffers.
(B) Allowed Uses in Floodway. The following uses shall be permitted
within the floodway to the extent that they are not prohibited in a particular area
by any underlying zoning district and only if they do not adversely affect the
efficiency of the floodway, change the direction of flow, or increase the base
flood elevation:
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 182
Exhibit A To Resolution 13 -06 Attachment B
(1) Agricultural uses such as general farming, pasture, grazing, forestry,
sod farming, and wild crop harvesting.
(2) Recreational uses not requiring permanent or temporary structures
designed for human habitation.
(3) Uses accessory to residential uses including, but not limited to,
lawns, open areas, gardens, driveways, and play areas.
(4) Road and highway structures.
(C) Prohibited Uses in Flood Fringe. No development or uses on or over
any portion of the flood fringe shall be permitted that alone or cumulatively with
other such development or uses would cause or result in any of the following:
(1) The storage or processing of materials that are buoyant, flammable,
explosive, or otherwise potentially injurious to human, animal, or plant life in
a time of flooding.
(2) Solid waste disposal sites and central collection sewage treatment
facilities.
(3) The potential of solid debris (including, but not limited to. garages,
storage sheds, decks, or fences) or waste (including, but not limited to, septic
systems, or portable toilets) being carried downstream.
(4) Critical Facilities as defined by the Department of Natural
Resources, Colorado Water Conservation Board, Rules and Regulations for
Regulatory Flood-plains, Rule 6. Critical Facilities dated November 17 2010.
(5) For additional restrictions, see §7.28.100(b)(4), Riparian Buffers.
(D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood
fringe and in areas removed from the floodplain by the issuance of a FEMA
LOMR -F subject to the zoning designation the property and this subsection, and
shall comply with the applicable standards of this subsection.
(1) Residential Structures. Residential structures and uses are allowed
provided that:
(I) Any residential structure designed for human occupancy or the
storage of property, shall be constructed, located, or improved so that any
external wall shall be not less than thirty (30) feet from the stream side of
the flood fringe.
(II) The lowest floor, including the basement, electrical, heating,
ventilation, plumbing, and air conditioning and other service facilities of
any residential building or structure and Substantial Improvement to any
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 183
Exhibit A To Resolution 13 -06 Attachment B
residential structure shall be not less than one foot above the maximum
base flood elevation. The lowest adjacent grade surrounding the structure
shall be filled to at least the base flood elevation, compacted with slopes
and protected by vegetated cover.
(III) The lowest interior grade, including crawl spaces, of any
residential building or structure shall not be lower than the lowest adjacent
grade.
(2) Nonresidential Structures and Uses. The following nonresidential
structures or uses are allowed:
(I) Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming, forestry,
wild crop harvesting, and sod farming.
(II) Private and public recreational uses, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, trap and
skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking, and
equestrian trails.
(III) Open area nonresidential uses such as lawns, gardens, parking
areas, and play areas.
(IV) Uses accessory to open space or uses for which a permit is
required under this section.
(V) Railroads, streets, roads, bridges, utility lines and facilities, and
structures for irrigation, drainage, or flood control.
(3) Nonresidential Standards. Nonresidential structures or uses shall
comply with the following:
(I) Any nonresidential structure shall either have the lowest floor,
including the basement, not less than one (1) foot above the BFE; or
together with attendant utility and sanitary facilities shall be flood proofed
so that below one (1) foot above the computed BFE the structure is water
tight with walls substantially impermeable to the passage of water; have
structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and be certified by an engineer or architect
registered in the State of Colorado that the standards of this subsection are
satisfied. Such certifications shall be submitted to the Town Engineer or
its designated representative and provide that where a non - residential
structure is intended to be made watertight below one 1) foot above the
BFE;
(II) A registered professional engineer or architect in the State of
2 " d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 184
Exhibit A To Resolution 13 -06 Attachment B
Colorado shall develop and/or review structural design, specifications, and
plans for the construction and shall certify that the design and methods of
construction are in accordance with current technical criteria; and
(III) A record of such certificate that includes the specific elevation
(in relation to the appropriate datum) that the structures are flood proofed.
All flood proofing shall meet the current technical criteria set by the
Colorado Water Conservation Board and the Federal Emergency
Management Agency. The applicant shall provide the certifications to the
Town Engineer.
In the event that floodwaters in the flood fringe can be expected to
attain a velocity greater than three feet per second at any point where the
proposed development is to occur, then additional flood proofing shall be
required sufficient to withstand such greater water velocity.
(4) Recreational Vehicles. Recreational vehicles that meet the
following conditions may be located in the flood fringe:
(1) The recreational vehicle is located on the site for fewer than 4-9
thirty (30 ) consecutive days.
(II) The recreational vehicle is fully licensed and ready for highway
use.
(8) Floodplain Development Permit. A floodplain development permit shall be
obtained from the Town Engineer before the start of construction or development within
the ASF SFHA.
(i) Contents of Floodplain Development Permits. Applications for
floodplain development permits are to be submitted to the Town Engineer and shall
include the following information as applicable:
(A) Application Form. A completed application form with all necessary
information completed_
(B) Site Plan. A plan at a scale of one inch equals two hundred feet (1" =
200') or as approved by the Town Engineer, stamped by an engineer registered in
the Stated of Colorado, which includes:
(1) The site location;
(2) A legal description of parcel;
(3) Base flood limits and water surface elevations;
(4) Floodway limits;
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 185
Exhibit A To Resolution 13 -06 Attachment B
(V) Certification from a Colorado Registered Professional Engineer
that the proposed floodway configuration, in combination with current
floodplain hydraulic conditions, meets FEMA and CWCB requirements
when evaluated against flood elevations established when the original
floodplain study was completed.
(VI) Electronic copies of all aforementioned data and model input
files of this section shall be submitted on a suitable medium.
(VII)LOMR to existing floodways shall continue to use the floodway
criteria in place at the time of the adopted floodway delineation as
approved by the Town Engineer.
(G) Report. An engineering report addressing those standards set forth in
this section, signed and sealed by a Colorado Registered Professional Engineer.
(ii) Standards for Permit Review
(A) Completeness. No later than ten (10) days following receipt of a
completed application for a floodplain development permit, the Town Engineer
shall:
(1) Determine and set a fee in an amount necessary to cover the costs
incurred in the review and approval or disapproval of the permit application,
including all hearings, copying, mailings, publications, labor, overhead,
consultants, experts, and attorneys that the Town deems necessary, and shall
notify the applicant in writing of the amount of the fee. Until the fee is paid to
the Town Engineer, the application for the floodplain development permit
shall not be further processed.
(2) Determine if the application is complete. If the application is not
complete the Town Engineer shall in writing notify the applicant of the
deficiency of the application. Until the information is submitted to the Town
Engineer, the application for the floodplain development permit shall not be
further processed.
(3) The amount of the fee may be increased at any time if it is
determined by the Town Engineer that the fee is not sufficient to cover all
costs associated with the floodplain development permit.
(B) Review of Application. Once the application is complete and the fee is
paid, the Town Engineer shall within thirty (30) days either:
(1) Approve the application and grant a permit if the proposed
development complies with these regulations. The Town Engineer may
attache such permit conditions as deemed necessary in furthering the purpose
of the ASFHSFHA.
2 nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 188
Exhibit A To Resolution 13 -06 Attachment B
(2) Deny the application if the proposed development does not comply
with the regulations of the ASF SFHA. The decision of the Town Engineer
shall state, in writing, reasons for the decision and shall be given to the
applicant.
(C) Permit Issued Only for Allowed Use. A floodplain development
permit shall not be issued unless the proposed development complies with the
standards and uses allowed in the ISFHA and will not otherwise violate the
purposes and intent of these Floodplain Regulations.
(D) Determination of Flood Hazard. In reviewing an application for a
floodplain development permit, the Town Engineer shall determine the specific
flood hazard at the site and shall evaluate the suitability of the proposed use in
relation to the flood hazard.
(E) Other Permits and Approvals. The floodplain development permit
applicant must obtain all other necessary permits and approvals from which
approval is required by local, Federal or State law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(F) Issuance of Permit. If the Town Engineer determines that the
application for a floodplain development permit meets the purposes and
requirements of this Section, the floodplain development permit shall be issued,
with the attachments of any conditions as deemed necessary to further the
purposes of this Section. Such conditions may include, but are not limited to,
specification for modification of waste disposal methods and facilities,
landscaping, periods of operation, operational controls, sureties, deed restriction,
and adequate flood proofing.
(iii) Building Permit. The Chief Building Official shall not issue any permit
for, nor shall the Director allow any use involving any building, structure, or other
development within the ASF SFHA unless a floodplain development permit has
been granted for the development.
(iv) Permit Expiration. A floodplain development permit shall expire two (2)
years after the date of issuance if the permittee has not commenced construction
under the permit.
(v) Waiver of Submission Requirements. The Town Engineer may waive any
part but not all of the submission requirements imposed by the ASF14SFHA upon
petition by the applicant that a portion of the submission requirements is inapplicable
to the development for which the permit is sought, and/or full compliance with the
submission requirements would be unreasonable for the applicant and that the
proposed development will have an insubstantial impact on the surrounding area.
Such a waiver may be granted, after due consideration by the Town Engineer, upon
written determination that the information to be submitted is sufficient for the Town
Engineer to arrive at a permit decision in full compliance with the law and these
2 d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 189
Exhibit A To Resolution 13 -06 Attachment B
CHAPTER 7.50
Historic and /or Cultural Preservation Designated
7.50.010 Chapter Purpose
This section sets forth procedures for reviewing proposed Historic and/or Cultural
Landmark Designations in the Town.
(a) Review Procedures. After receiving approval from the property owner(s), the Historic
Preservation Committee shall recommend Historic and/or Cultural Landmarks to the Town
Council. A public hearing is required with Town Council. The recommendation shall identify
the criteria forming the basis of the recommendation, and shall include all pertinent information
related to the site or building supporting the designation. The Town Council will approve or
disapprove Historic and/or Cultural Landmark designation after public hearing, at which the
owner of the site or structure and all interested persons shall have an opportunity to be heard. A
majority decision of the Town Council is required for nomination.
(b) Review Criteria. A site or structure may be eligible for Historic and/or Cultural
Landmark designation if it has been in existence for at least 50 years or meets any of the
following criteria:
(1) Historic significance:
(i) Has character or is a point of interest that reflects the heritage and political,
economic and/or social history or cultural development of the Town, the state or the
nation; and,
(ii) Is associated with historical persons or groups or represents important events in
national, state or local histoiand,
(iii) Is associated with an important individual or group who contributed in
significant ways to the political, social and/or cultural life of the community and
(2) Prehistoric or Archeological Interest or Information:
(i) Has character or is a place or point of interest that reflects prehistoric events or
archeological interest.
(3) Architectural significance:
(i) Characterizes a style associated with a particular era; and,
(ii) Has a strong or unique relationship to other areas potentially eligible for
preservation; and,
(iii) Is architecturally unique or innovative; and,
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 267
Exhibit A To Resolution 13 -06 Attachment B
(iv) Has visual symbolic meaning or appeal for the community or, due to its unique
location or singular characteristics, represents established and familiar visual features of
the neighborhood or community.
(c) Incentives. The benefits of Historic Landmark designation may include the following_
(1) Partial waiver of building permit fees;
(2) Local property tax credits;
(3) Preservation maintenance or relocation assistance and other incentives as deemed
necessarby the Town Council; and
(4) Other appropriate incentives, also as determined by the Town Council.
(d) Review of plans for sites and structures having designation. Any application for
any permit which includes the exterior alteration, relocation or removal of a site or structure
designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning
Commission for recommendation of approval or disapproval to the Town Council on the basis of
the following criteria. The Town Council shall approve or disapprove the application after
public hearing at which the landowner and interested persons have an op op rtunity to be heard
(1) Criteria for alteration of a site or structure:
(i) Whether the architectural or historical character will itself be materially altered
so as to negatively impact the Historical Landmark; and
(ii) Whether the architectural style and arrangement and the texture of the exterior
surface materials of the existing structure and the posed alteration appropriatel r� elate
to each other and to other structures in the vicinity; and,
(iii) Whether the alteration will negatively change or destroy the exterior
architectural features and details of the structure; and
(iv) The effect of the proposed alteration on the protection enhancement
p�etuation and use of the Historic Landmark.
(2) Criteria for relocation of a structure:
(i) Significance of the original site; and,
(ii) Whether the structure can be rehabilitated or used on its original site consistent
with the reasonable and beneficial use of the property
(iii) Whether the proposed site is compatible with or detracts from the importance of
the Historic Landmark; and
(iv) Whether the structure can be moved without causing significant damage to its
physical integrity; and,
(v) Whether the relocation of the structure is necessary t0 prevent undue hardship
on the property owner.
2 "d Tier Title 7 Amendments 2013 Update November 6, 2013 Page 268
Exhibit A To Resolution 13 -06 Attachment B
(3) Criteria for removal of a structure:
(i) Whether the structure presents an imminent hazard that cannot otherwise be
properly mitigated; and,
(iiii) Whether the structure can reasonably be rehabilitated and maintained in its
present location and the significance of the original site; and,
(iii) Whether relocation of the structure is reasonably possible or practical; and
(iv) Whether the structure can be rehabilitated or used on its original site consistent
with the reasonable and beneficial use of the grope ; and,
(v) Whether the removal of the structure is necessary to prevent undue hardship on
the property owner.
(e) Standards governing approval of development plans for sites and structures
having designation. Any approved development plan including the alteration relocation or
removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the Town Council:
(1) The Historic and/or Cultural Landmark shall be continue to be used in a manner
consistent with its original purpose or a compatible purpose, so long as such use does not
violate any of the provisions of this Code; and,
(2) The historic character of the Historic and/or Cultural Landmark shall be maintained
by avoiding the removal or alteration of features important to such character; and
(3) The use of original materials is encouraged. Distinctive and unique features
finishes, materials and examples of craftsmanship should be retained and preserved. Repairs
and replacement of such features should match the original in color, shape texture and
design. Replacements should be fully documented with pictorial or physical evidence and a
copy of such evidence filed with the Town; and,
(4) Where possible, additions and expansions shall be differentiated from the existing
structure so as to protect the Historic Landmark's historic integrity. Additions and
expansions shall also be undertaken in such a manner that their removal in the future would
not destroy the form or integrity of the original structure.
(f) Removal of Historic Landmark designation. The Town Council, after public hearing
at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an
opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site
or structure, based upon one or more of the following findings:
(1) The Historic and/or Cultural Landmark designation creates undue hardship for the
owner;
(2) The structure is an imminent hazard to the health and safety of the public despite
the owner's efforts to properly maintain it; and,
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 269
Exhibit A To Resolution 13 -06 Attachment B
(3) The structure is structurally unsound despite the owner's efforts to properly
maintain it.
2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 270
Exhibit A To Resolution 13 -06 Attachment B
NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the
determination of the Building Official to the Town Council by giving written notice of such appeal to the Town
Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice.
(Ord. 06 -06 §1; Ord. 86 -18 §1 (part))
8.30.040 Effect of voluntary abatement.
If the public nuisance is abated by the owner of any building or building activity which is in a condition
of abandonment within the sixty -day period allowed in the notice of violation, the Building Official shall
cease further abatement proceedings. (Ord. 06 -06 §1; Ord. 86 -18 §1(part))
8.30.050 Abatement hearing — Town action — lien.
(a) Further abatement proceedings may be pursued by the Town when the notice of violation as
provided in Section 8.30.030 has been served and abatement of the public nuisance has not been
accomplished within the sixty -day period. However, if abatement of the public nuisance has been
commenced within the sixty -day period, the Building Official may grant a single extension of time for sixty
(60) days for good cause shown, such as delays beyond the control of the affected party or parties.
(b) In the event the owner of an abandoned building and /or building activity fails to abate the public
nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by
demolition and removal of the building or by causing the building to be completed and /or the restoration of
the property or premises to such a degree as, in the discretion of the Building Official, will accomplish
abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a
lien which may be foreclosed upon in the manner provided for the foreclosure of mechanic's liens. The
amount of such lien shall bear interest at the rate of eighteen percent (18 %) per annum from the date of
assessment until the same has been paid. (Ord. 06 -06 §1; Ord. 89 -11 §1; Ord. 86 -18 §I(part))
CHAPTER 8.32
Wildlife Protection
8.32.010 Purpose.
The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to
minimize the risk of dangerous interaction between humans and wildlife. (Ord. 10 -07 §3)
8.32.020 Definitions.
As used in this Chapter, the following words or phrases are defined as follows:
Attractant means any substance which could be reasonably expected to attract wildlife or does attract
wildlife, including but not limited to food products, pet food, feed, compost, grain or salt.
Centralized refuse container means any Dumpster or similar device used for the collection and
storage of solid waste.
2 nd Tier Title 8 Amendments 2013 Update November 6, 2013 Page 8 -27
Exhibit A To Resolution 13 -06 Attachment B
Refuse means any waste that could reasonably attract wildlife, including but not limited to kitchen
organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease.
Resident means any person, firm, corporation or organization within the Town or on Town -
controlled land.
Residential refuse container means any trash can or similar device used for the collection and storage
of solid waste as defined in Section 8.12.010 of this Title that is not deemed wildlife- resistant by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee.
Special event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity or
any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and
inviting the public to participate with or without charge, whether held on public or private property.
Town Manager means the Town Manager or designee responsible for enforcing the provisions of
this Chapter and to whom all enforcement personnel are responsible.
Wildlife means any undomesticated mammal, including but not limited to elk, deer, sheep, lynx,
skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes.
Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such as a
Duimpster. The lid must have a latching device of sufficient design and strength to prevent access by
wildlife. Wildlife -proof refuse containers must remain intact and functional for at least thirty (30)
minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency
Grizzly Bear Committee. A container not so certified is considered a wildlife -proof refuse container if
it is certified as such by an official designated by the Town.
Wildlife - resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof.
The structure must have a latching device of sufficient design and strength to prevent access by wildlife.
The walls of the enclosure must extend to the ground, and the door can have no more than a three -
eighths -inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be
covered with a metal mesh or other material of sufficient strength to prevent access by wildlife.
Wildlife- resistant enclosures are subject to both the Building Code and the Zenin Develo ment Code of
the Town. All enclosures require development plan and design approval from the Town and may
require a building permit at the discretion of the Building Official and in accordance with the Building
Code. An enelesur-es of less than twe hendfed (200) sqidafe feet shall not re a building pefmith:a
will r-equir-e appr-eval ef a miner- pr-qjeet appheatien ffem the Tew . .4-4;_ of twe htmdr-ed (200)
s"afe feet or- lafger- requires a building pefmit. A wildlife resistant enelesufe ffmst be appr-eved by a
effieial designated by the Town.
Wildlife - resistant refuse container means a fully enclosed container of sturdy construction, either
plastic or any other material, which meets the definition of refuse container in Section 8.12.0 10 of this
Title and which is reinforced to deter access by wildlife. The container must have a sturdy lid with a
latching mechanism which prevents access to the contents by wildlife. Wildlife- resistant refuse
containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife,
as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container
not so certified is considered a wildlife- resistant refuse container if it is certified as such by an official
designated by the Town. (Ord. 10 -07 §3)
8 -28
Exhibit A To Resolution 13 -06 Attachment B
CHAPTER 15.02
Definitions
15.02.010 Definitions.
The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all
codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and
take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any
word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by
this Title.
Building Official means the person designated as the Building Official by the Town Manager.
Person means any natural person, association, firm, limited liability company, partnership or
corporation trust or other legal entity, ,
Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town
Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this
Title, or the Town Prosecutor. (Ord. 10 -02 §3)
CHAPTER 15.04
Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations.
(a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use
or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply
with any lawful order or directive, which act is contrary to or in violation of any provision of any code,
standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of
this Title.
(b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection,
installation, alteration, extension, repair, removal or demolition of any work which violates any code
adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted
in this Title or any violation of any permit, certificate or condition of any pen-nit or certificate issued under
the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact
person designated in any active permit issued by the Town or the property owner of record according to the
records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the
property. The notice of violation shall cite the specific section or sections of the code or codes which are
violated and shall direct the discontinuance of the illegal action or condition and the abatement of the
violation.
(c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly,
the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity
to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure,
equipment or occupancy and to seek such fires, penalties, fees and restitution as may be appropriate. (Ord.
10 -02 §3)
15 -5
Exhibit A To Resolution 13 -06 Attachment B
15.14.310 Penalty.
Any person, finn or corporation violating any of the provisions of this Chapter or of the provisions of
the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed guilty of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of any of the codes and standards named in the title of this Chapter is
committed, continued or permitted and, upon conviction of any such violation, such person, firm or
corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment
for one (1) year, or by both such fine and imprisonment. (Ord. 10 -02 § §2, 3)
15.14.320 Repeal.
The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter,
shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the
effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not
revive any provision of any ordinance previously repealed or superseded unless expressly stated in this
Chapter. (Ord. 10 -02 § §2, 3)
15.14.330 Validity.
If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in
the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that
it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional. (Ord. 10 -02 § §2, 3)
CHAPTER 15.16
International Mechanical Code
15.16.010 Adoption.
The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code
is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL
60478 -5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and
is available for inspection during regular office hours. (Ord. 10 -02 § §2, 3)
15.16.020 Additions or modifications.
The 2009 International Mechanical Code is amended and changed in Sections 15.16.030 through
15.16.060 of this Chapter. (Ord. 10 -02 § §2, 3)
15.16.030 Section 106.5.2 — Fee schedule.
Section 106.5.2, Fee schedule, is repealed and reenacted to read as follows:
"106.5.2 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee
Schedule A (as adopted by resolution of the Town Council)."
15 -28
Exhibit A To Resolution 13 -06 Attachment B
(Ord. 10 -02 § §2, 3)
15.16.040 Section 109 — Means of Appeal.
Section 109, Means of Appeal, is repealed and reenacted as follows:
"109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building
Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code."
(Ord. 10 -02 § §2, 3)
15.16.043 Table 403.3 — Minimum Ventilation Rates.
Table 403.3, Minimum Ventilation Rates, is hereby amended to add the following language:
"Note 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009
capital edition of the International Fire Code, Section 610.4.7."
(Ord. 10 -02 § §2, 3)
15.16.046 Section 903.3 — Unvented gas log heaters.
Section 903.3, Unvented gas log heaters, is hereby amended to read as follows:
"Unvented gas fireplaces are prohibited."
(Ord. 10 -02 §§2,3)
15.16.050 Section 701— Combustion Air, General.
Section 701, Combustion Air, General, is amended by adding a new Section 701.6 as follows:
"701.6 Type of construction. All buildings in the Town of Avon shall be considered to be of
unusually tight construction and will draw all combustion air from the outside of the building."
(Ord. 10 -02 § §2, 3)
15.16.060 Section 902 — Masonry Fireplaces.
Section 902, Masonry Fireplaces, is amended by deleting Section 902.1 and by adding the following
language:
"902.2 — Definitions.
.1
listed in the Geler-ade Depai4ment of Heiilth's web page under- Air pellution eei#T-el division;
11
15 -29
Exhibit A To Resolution 13 -06 Attachment B
23. Gas qppUafiee ffleans a fiAly self eantained U.L. and A.G.A. listed fir-eplaee unit whieh dee
Af-,;A,;a f41-1
pufpE)se of bufaing weed, pulp, paper- or- other- fien liquid er- nengaseells filed This definition
"S. GasA;eplaee means a fir-eplaee either- manufaetur-ed as a finished unit or- a Wae masepAy
fir-eplaee fitted with an A.G.A. an&er- U.L. listed gas log k4t, has no damper- and vents affeugh-aff
inter4eeked damper- and gas valve.
EPA certified wood stove means a heating appliance that has been independently tested by
accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for noncatalytic
wood stoves and 4.1 grains per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's website
Gas appliance means a fully self - contained, U.L. and A.G.A. listed fireplace unit which does not
require venting through a masonry chimney, which has no damper and which does not permit the use
of solid fuel.
Gas fireplace means a fireplace either manufactured as a finished unit or a true masom emplace
fitted with an A.G.A. and/or U.L. listed a� s log kit, has no damper and vents through an approved
vent.
Exception: The Building Official may approve a gas fireplace equipped with interlocked damper
and gas valve.
New technolM device means a solid -fuel- burning device which is certified by the EPA and
listed in the Colorado Department of Public Health and Environment's web page under Air pollution
control division, residential burning information. A new technology device is one which has EPA
certification as an EPA certified wood stove.
Solid - fuel- burninz device means any fireplace, stove, firebox or device intended and/or used for
the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
"902.4 Regulations below the elevation of seven thousand eight hundred twenty feet.
15 -30
Exhibit A To Resolution 13 -06 Attachment B
L'Below the elevation of seven thousand eight hundred twenty 7820 feet, no new wood - burning
or solid -fuel- burning fireplaces or other such devices shall be permitted to be constructed or installed
after the ordinance codified in this chapter becomes effective.
-'No mobile or modular home shall be moved into place in the Town and connected to utility
service that has installed with such mobile or modular home a solid -fuel- burning device.
"Below such elevation, new teelmelegQeviees, gas appliances and gas fireplaces shall be
permitted. Below such elevation, there shall also be permitted one _
fifeplae New Technology Device or one (1) Solid - Fuel - Burning Device in the lobby of any hotel or
lodge, provided that a fee in the amount of three thousand dollars ($3,000.00) for a New Technology
Device or six thousand dollars ($6,000.00) for a Solid - Fuel - Burning Device is paid at the time of
application for a building permit.
"902.5 Regulations above elevation of seven thousand eight hundred twenty feet. Above the
elevation of seven thousand eight hundred twenty feet, one (1) New Technology Device or one 1
Solid - Fuel - Burning Device shall be permitted in each dwelling unit constructed, provided that a fee
in the amount of one thousand five hundred dollars ($1,500.00) for a New Technology Device or three
thousand dollars ($3,000.00) for a Solid -Fuel- Burning Device is paid at the time of application for
pen-nit; provided that no new wood - burning or other fuel- burning fireplaces or other devices shall be
permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter
becomes effective. Abeve sueh elevation, eertifed l`:e.. Teehaelen, solid fuel buming deviees, gas
applianees and gas fir- e.laees shall be ..., ittea
"902.7 Coal usage prohibited. The burning of coal within the Town is prohibited."
(Ord. 10 -02 § §2, 3)
15.16.300 Violation.
The following clause concerning violations is set forth in full and adopted with reference to the 2009
International Mechanical Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair,
use and occupy any building or structure in the Town or cause or permit the same to be done, contrary
to or in violation of any of the provisions of any of the codes or standards named in the title of this
Chapter."
(Ord. 10 -02 § §2, 3)
15.16.310 Penalty.
Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International
Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to
have committed a civil infraction for each and every day or portion thereof during which any infraction of
any of the provisions of any of the codes and standards named in the title of this Chapter is committed,
continued or pennitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord.
10 -02 § §2, 3)
15 -31
Exhibit A To Resolution 13 -06 Attachment B
15.16.320 Repeal.
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this
Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced
under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall
not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this
Chapter. (Ord. 10 -02 § §2, 3)
15.16.330 Validity.
If any section, subsection, sentence, clause or phrase of the 2009 International Mechanical Code named
in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that
it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional. (Ord. 10 -02 § §2, 3)
CHAPTER 15.18
International Fuel Gas Code
15.18.010 Adoption.
The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The 2009
International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue,
N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2009 International Fuel Gas Code is on file in
the Town Clerk's office and is available for inspection during regular office hours. (Ord. 10 -02 § §2, 3)
15.18.020 Additions or modifications.
The 2009 International Fuel Gas Code is amended and changed in Sections 15.18.030 through
15.18.070 of this Chapter. (Ord. 10 -02 §§2, 3)
15.18.030 Organization and enforcement.
Refer to the 2009 International Fuel Gas Code. (Ord. 10 -02 § §2, 3)
15.18.040 Reserved.
15.18.050 Section 106 — Permits.
Section 106, Permits, is amended as follows:
"106.6 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by
resolution of the Town.)"
(Ord. 10 -02 § §2, 3)
15 -32
Exhibit A To Resolution 13 -06 Attachment B
(c) All manufactured homes, including mobile homes, shall comply with the installation requirements
set forth in Part 31, Manufactured Home Installation, Section 24 -32 -3101, et seq., C.R.S., and any other
rules and regulations adopted by the Colorado Division of Housing governing manufactured housing.
(d) All manufactured homes must comply with either Section 24 -32 -701, C.R.S., governing labeling
and construction compliance with state and federal standards or bear the red HUD label.
(e) All manufactured homes shall be designed with the snow load requirements as set forth in Section
15.08.120 of this Code unless it complies with one (1) of the following:
(1) An approved snow removal maintenance program;
(2) A protective shelter built over the home, not connected to the home; or
(3) A shelter designed by a professional engineer or architect. (Ord. 10 -02 §3)
15.22.040 General requirements — factory -built units.
(a) No person, firm or corporation shall place a factory -built unit within the Town without first
obtaining a permit therefor from the Building Official.
(b) No pen-nit for a factory -built home or any alteration or addition thereto shall be issued unless the
same complies with all requirements of the building code, including electrical, plumbing and mechanical,
in effect in the Town at the time. (Ord. 10 -02 §3)
CHAPTER 15.24
Solid -Fuel- Burning Devices
15.24.010 Purpose and applicability.
These regulations are enacted for the purpose of promoting the health, safety and general welfare of the
residents of and visitors to the Town. These regulations are intended to protect air quality. (Ord. 10 -02
§ §2, 3)
15.24.020 Definitions.
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
EPA certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5 grains per hour for noncatalytic wood
stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on
the EPA's website.
m the
Gas appliance means a fully self - contained, U.L. and A.G.A. listed fireplace unit which does not
require venting through a masonry chimney, which has no damper and which does not permit the use of
solid fuel.
15 -39
Exhibit A To Resolution 13 -06 Attachment B
Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace
fitted with an A.G.A. and /or U.L. listed gas log kit, has no damper and vents through an approved vent.
Exception: The Building Official may approve a gas fireplace equipped with interlocked damper
and gas valve.
New technology device means a solid -fuel- burning device which is certified by the EPA and listed in
the Colorado Department of Public Health and Environment's web page under Air pollution control
division, residential burning information. A new technology device is one which has EPA certification
as an EPA certified wood stove.
Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the
purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically
excludes noncommercial barbecue devices used to cook food outdoors. (Ord. 10 -02 § §2, 3)
15.24.030 Regulations below elevation of seven thousand eight hundred twenty feet.
Below the elevation of seven thousand eight hundred twenty (7,820) feet, no new wood - burning or
solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the
ordinance codified in this Chapter becomes effective. No mobile or modular home shall be moved into
place in the Town and connected to utility service that has installed with such mobile or modular home a
solid -fuel burning device. Below such elevation, new teeh el deviees, gas appliances and gas
fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA . ppr-,,ve
weed b..,,. ing fifepraee New Technology Device or one (1) Solid -Fuel- Burning Device in the lobby of any
hotel or lodge; provided that a fee in the amount of three thousand dollars ($3,000.00) for a New
Technology Device or six thousand dollars ($6,000.00) for a Solid - Fuel - Burning Device is paid at the time
of application for a building permit. (Ord. 10 -02 § §2, 3)
15.24.035 Regulations above elevation of seven thousand eight hundred twenty feet.
Above the elevation of seven thousand eight hundred twenty feet one (1) New Technology Device or
one (1) Solid- Fuel - Burning Device shall be permitted in each dwelling unit constructed provided that
a fee in the amount of one thousand five hundred dollars ($1,500.00) for a New Technology Device or
three thousand dollars ($3,000.00) for a Solid - Fuel - Burning Device is paid at the time of application for
permit; provided that no new wood - burning or other fuel - burning fireplaces or other devices shall be
permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes
effective_
15.24.040 Gas appliances.
All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited
except for the purposes of repair and maintenance. (Ord. 10 -02 § §2, 3)
15.24.050 Coal usage prohibited.
The burning of coal within the Town is prohibited. (Ord. 10 -02 § §2, 3)
15 -40