The purpose of this Chapter 7.12 is to define the delegation of authority and responsibilities for review of development applications.

(Ord. 10-14 §3)

Table 7.16-1 summarizes the development application procedures in the Development Code and identifies the bodies that have review and decision-making responsibilities for each procedure. See Chapter 7.16 for details on each procedure.

(Ord. 10-14 §3)

In addition to other authority granted by charter, ordinance or state law, the Town Council shall have the following functions and duties related to the Development Code:

(a)

Application review and decision making authority as defined in Chapter 7.12;

(b)

Decisions on annexations of land into the Town;

(c)

Negotiation and approval of development agreements; and

(d)

The exclusive authority to render a final decision which may be subject to any legal challenge, whether directly or by an appeal of a decision by the Director or Planning and Zoning Commission, on all land use and development application decisions pursuant to this Development Code.

(Ord. 10-14 §3)

(a)

Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows:

(1)

To implement the goals and policies of the Avon Comprehensive Plan;

(2)

To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements;

(3)

To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

(4)

To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design review of the exterior design of all new structures and property development and additions to all existing structures and property development.

(5)

The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows:

(i)

To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located;

(ii)

To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code;

(iii)

To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and

(iv)

To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms.

(b)

Duties. The PZC shall have the following functions and duties:

(1)

Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12;

(2)

Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof;

(3)

Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and

(4)

Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items.

(c)

Membership. The PZC shall be composed of seven (7) members appointed by the Council.

(d)

Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not.

(e)

Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date.

(f)

Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below.

(g)

Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member.

(h)

Removal from Office. A members of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing.

(i)

Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting.

(j)

Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member.

(k)

Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC.

(l)

Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations.

(m)

Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties.

(n)

Material to be Submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC.

(o)

Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting.

(p)

Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis.

(Ord. 10-14 §3)

The Director of the Community Development Department ("Director") is authorized and directed to do the following:

(a)

Review applications, provide recommendations and render administrative decisions as indicated in this Title 7;

(b)

Establish application submittal requirements, including content and quantities of materials to be submitted;

(c)

Render interpretations of the Development Code;

(d)

Enforce all provisions of the Development Code, for which purpose the Director shall have the powers of a law enforcement officer; and

(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.

(Ord. 13-14 §2; Ord. 10-14 §3)

The Town may request review and input of applications from other Town boards, commissions, departments, other governmental agencies and nongovernment agencies, as determined appropriate considering the nature of the application.

(Ord. 13-14 §2; Ord. 10-14 §3)

(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)

Promote the health, safety and welfare of the residents of the Town 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 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 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; and

(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)

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.

(Ord. 13-14 §2)