This Chapter establishes the zoning districts and contains basic information pertaining to the districts, including statements of purpose and dimensional standards. Chapter 7.24, Use Regulations, identifies the uses allowed within the districts. Chapter 7.28, Development Standards, contains the site layout and building design standards that apply to development in the districts.

(Ord. 10-14 §3)

For the purposes of this Chapter, the Town is hereby divided into districts, as follows:

Table 7.20-1
Zoning Districts Established

(Ord. 10-14 §3)

______________________________________________

(a)

The location and boundaries of the zoning districts established in Section 7.20.020, Districts Established, are set forth on the zoning district map of the Town. The Official Zoning Map, along with all of the notations, references and other information shown on the map, is incorporated in and made part of this Title.

(b)

If changes are made in district boundaries or other items portrayed on the official zoning district map in accordance with the procedures established in this Code, the changes shall be entered on the map.

(c)

The official map shall be located in the office of the Director and shall be the final authority as to the current zoning status of land, buildings and other structures in the Town.

(Ord. 10-14 §3)

When there is any uncertainty, contradiction or conflict about the intended location of any zoning district boundary on the zoning map, the Director shall provide an interpretation of the map or refer the request to the PZC. The Director and PZC, in interpreting the map or deciding any appeal, shall apply the following standards:

(a)

The zoning district boundary lines are intended to follow lot lines, subdivision lines, incorporation lines or centerlines of rights-of-way.

(b)

Where zoning district boundary lines approximately follow lot lines, subdivision lines or incorporation lines, such lines shall be construed to be the boundary lines.

(c)

Where the zone district cannot be determined from the map, it shall be determined from the Avon Comprehensive Plan and surrounding properties, subject to rezoning according to the provisions of this Development Code.

(Ord. 10-14 §3)

The residential zoning districts are intended to:

(a)

Provide appropriately located areas for residential development that are consistent with the Avon Comprehensive Plan and with the public health, safety and general welfare;

(b)

Ensure adequate light, air and privacy for all dwelling units;

(c)

Protect the scale and character of existing residential neighborhoods and the community;

(d)

Discourage any use that would generate traffic or create congestion on neighborhood streets other than the normal traffic that serves the residents of the district; and

(e)

Discourage any use that, because of its character or size, would create additional requirements and costs for public services that are in excess of such requirements and costs if the district were developed solely for the intended type of residential uses.

(Ord. 10-14 §3)

______________________________________

(a)

Residential Duplex (RD). The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road.

Table 7.20-2
Dimensions for the Residential Duplex District

(b)

Residential Low Density (RL). The RL district is a mixed dwelling district intended to provide sites for single-family, two-family and multi-family dwellings either in traditional neighborhoods or in a setting with a mix of dwelling unit types. This district implements the residential low density classification of the Avon Future Land Use Plan and can be located as a transitional use between lower density single-family development and medium density or mixed-use development. Residential low density should be located along a local road.

Table 7.20-3
Dimensions for the Residential Low Density District

(c)

Residential Medium Density (RM). The RM district is established to provide for multi-family residential uses including duplexes, townhomes and multi-family apartment units. This district may act as a transition from lower density residential districts to higher density residential districts or mixed-use districts. This district implements the residential medium density classification of the Avon Future Land Use Plan and should be located along a collector road.

Table 7.20-4
Dimensions for the Residential Medium Density District

(d)

Residential High Density (RH). The RH district is intended to provide for high-density, multi-family residential uses including townhomes and multi-family structures. This district should be in close proximity to the Town Center or an arterial road. This district implements the residential high density classification of the Avon Future Land Use Plan. It may also be located in the mixed-use classification where surrounding properties will provide a complementary mix of uses.

Table 7.20-5
Dimensions for the Residential High Density District

(e)

Residential High Density Commercial (RH-C) RETIRED. The RH-C district is intended to provide for the development of multi-family residential uses and lodge units, along with accessory and complementary commercial uses. Townhomes, apartments, hotels and lodges, bed and breakfast lodges and retail (within lodge or hotel) uses are allowed within this district. RH-C should be located near the Town Center or along an arterial roadway. This district implements the residential high density and mixed-use classifications of the Avon Future Land Use Plan. This district has been retired and may not be used for rezoning purposes. New residential high density development should be located in the RH district or in the TC, MN or MC districts, as appropriate.

Table 7.20-5.1
Dimensions for the Residential High Density Commercial District

(Ord. No. 24-01, §2 (Exh. A); Ord. 18-19, §10; Ord. 10-14 §3)

Editor's note— Ord. No. 24-01, §2(Exh. A), enacted §7.20.075, including newly enacted Table(s) 7.20-6—7.20-10; Subsequently, said ordinance renumbered former Table(s) 7.20-6—7.20-15 (as herein set out in §§7.20.060—7.20.100) as Table(s) 7.20-5.1—7.20-21.

(a)

Mixed-Use District Purposes:

(1)

Promote higher-density residential development near and within the Town Center and commercial centers and other areas as appropriate;

(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 complement nonresidential development.

(Ord. 13-14 §2; Ord. 10-14 §3)

Purpose statement:

(a)

General Purpose. The Community Housing Districts allow higher residential density with one hundred (100) percent of the residential units subject to deed restrictions that meet the definition of Community Housing in [Section] 3.14.020. A Community Housing zone district intends to provide adequate sites for dedicated housing, which, because of the nature and characteristics of Community Housing design and need, cannot be adequately regulated by the development standards prescribed by other standard residential zone districts except that adequate light, air, open spaces, and other amenities are considered appropriate for this use.

(b)

Intent. The Community Housing Districts zoning districts are intended to:

(1)

Provide opportunities to develop Community Housing, which supports the Avon Comprehensive Plan, the Avon Community Housing Plan, and promotes the public health, safety and general welfare;

(2)

Provide appropriately located areas for Community Housing development which are close neighborhood commercial, parks, open space, schools and public facilities;

(3)

Ensure adequate light, air, and privacy for all dwelling units;

(4)

Promote compatibility with the scale and character of existing residential neighborhoods and the community; and

(5)

Promote non-vehicular dependent lifestyles through convenient access to transit, pedestrian and bike trails and routes, and vehicle sharing.

(6)

Encourage Community Housing Mixed-Use projects where appropriate that combine residential development with opportunities for commercial uses that serve the neighborhood to promote residential life-style convenience, improved street level building design that is to promote residential life-style convenience, improved street level building design that is attractive and inviting, increased activation of sidewalks and public spaces, walkable neighborhoods, chance social interactions, economic vitality, reduced traffic congestion and enhanced investment interest.

(c)

Development Bonus. Development projects within Community Housing Districts may apply for a Development Bonus, which projects shall be reviewed on a case by case basis in accordance with the procedures and review criteria in [Section] 7.16.170.

(d)

Community Housing Medium Density. The CHMD district is established to accommodate small single-family, duplex and townhome development as either single neighborhoods of similar units or in a neighborhood with a mix of unit types. The CHMD district should be located along a minor arterial or local road.

Table 7.20-6
Community Housing Medium Density

(e)

Community Housing High Density - 1. The CHHD-1 district is established to accommodate multi-family development in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories of residential or three (3) stories of residential above one (1) level of at grade parking.

Table 7.20-7
Community Housing High Density - 1

(f)

Community Housing High Density - 2. The CHHD-2 district is established to accommodate multi-family development in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of five (5) stories of residential or four (4) stories of residential above one (1) level of at grade parking.

Table 7.20-8
Community Housing High Density - 2

(g)

Community Housing Mixed Use - 1. The CHMU-1 district is established to accommodate ground level commercial with multi-family development above in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories.

Table 7.20-9
Community Housing Mixed Use - 1

(h)

Community Housing Mixed Use - 2. The CHMU-2 district is established to accommodate ground level commercial with multi-family development above in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories.

Table 7.20-10
Community Housing Mixed Use - 2

(Ord. No. 24-01, §2(Exh. A))

(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.

Table 7.20-11
Dimensions for the Neighborhood Commercial District

(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 7.20-12
Dimensions for Mixed-Use Commercial District

(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 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.

(c)

Town Center (TC). The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use Plan.

Table 7.20-13
Dimensions for the Town Center District

(1)

Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds thirty (30) 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.

(d)

Shopping Center (SC) RETIRED. The SC district is intended primarily for major retail establishments along with smaller retail shops, personal service establishments, offices and limited apartments. This district has been retired and may not be used for rezoning purposes.

Table 7.20-14
>Dimensions for the Shopping Center District

(e)

Public Facilities (PF). The PF district is intended to provide sites for public uses such as community centers, police and fire stations, governmental facilities, government employee housing, and Community Housing. The uses permitted in this district are identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for the Public Facility (PF) zone district:

Table 7.20-15
Dimensions for the Public Facilities District

(f)

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 Comprehensive Plan. Unless otherwise set forth in the Comprehensive Plan, the following dimensions shall apply for the Parks (P) zone district.

Table 7.20-18
Dimensions for the Parks District

(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, light manufacturing and Community Housing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. 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 7.20-19
Dimensions for the Light Industrial and Commercial District

(h)

Open Space, Landscaping and Drainage (OLD). The OLD district is intended for areas that will be public or private undeveloped open spaces. Some landscaping and drainage control work may be necessary and desirable. The OLD district may also be used to preserve and protect land areas of special or unusual ecological or geographic interest. There are no dimensional requirements for this district.

(Ord. No. 24-01, §2(Exh. A); Ord. 21-09 §10; Ord. 13-14 §2; Ord. 10-14 §3; Ord. 19-06 §§3, 4)

(a)

Short Term Rental Overlay - STRO.

(1)

Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district.

(2)

Allowed Use. The following uses shall be permitted in the STRO District:

(i)

The uses permitted in the underlying zone district or planned unit development (PUD).

(ii)

Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable housing, long term residential use, primary residential use or full time residential use.

(3)

Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days.

(4)

Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district.

(5)

Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject to penalties as described in Title 3.

(b)

Short Term Rental and Town Core:

(1)

Intention. Properties located inside of the Town Core may be permitted to allow short term rentals in all zone districts and Planned Unit Developments("PUDs") for fewer than (30) days subject to the provisions of this Chapter. Properties shall make an application to allow short term rental, subject to all requirements of the underlying zone district and the Avon Municipal Code.

(i)

STRs shall be issued in accordance with Avon Municipal Code [Title 5].

(2)

Allowed Use. The following uses shall be permitted:

(i)

Short term rentals.

(ii)

Other Uses shall be permitted pursuant to the provisions in the underlying zone district.

(iii)

Short term rentals shall not be permitted within any residential unit which is deed restricted or reserved for: Community Housing, long term residential use, a primary residence as defined in [3.12.020] or for full-time residential use.

(c)

Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments.

(Ord. 22-09, § 2; Ord. 17-05 §5; Ord. 10-14 §3)

(a)

Purpose. The purpose of this Section is to create housing for workers generated by new development in Avon, which is affordable to Eagle Valley workers. This is accomplished through the creation of Employee Housing Mitigation units, deed restricting existing housing units, payment of fees based on the number of workers created by development, and/or exempting Community Housing projects.

(b)

Applicability. This Section shall apply to new multi-family residential (3 or more units), commercial, accommodation units, industrial and other non-residential development within the Town. This Section applies to all entities, including private and non-profit entities. All Employee housing mitigation dwelling units required in Table 7.20-14 below are applied to the maximum residential density of the development.

(c)

Exemptions.

(1)

Development within Existing Structures and Changes in Use for Remodeling. Remodeling of an existing use or the change from one use to another is exempt from the requirements of this Section, provided such activity does not create additional employment generation as determined by Table 7.20-14, below. Only the uses and floor areas that existed prior to the remodeling shall be exempt from the requirements of this Section. Any new floor area or any change in use which creates additional employee generation as determined by Table 7.20-14 shall be subject to the provisions of this Section.

(2)

Governmental projects and housing projects constructing Community Housing are exempt from this section.

(3)

Properties with preexisting vested rights are exempt from these requirements.

(4)

Projects with current Development Plan approvals that are valid on July 11, 2019, and/or extended pursuant to Section 7.16.010(g).

(d)

Employee Housing Mitigation Formulas. To determine the amount of Employee Housing Mitigation that must be provided, the following formulas shall be used:

Table 7.20-20
Employee Housing Mitigation Formulas

(e)

Methods of Employee Housing Mitigation.

(1)

General Requirements. All Employee Housing Mitigation units shall be subject to a deed restriction acceptable to the Town and enforceable by the Town which limits occupancy of Employee Housing Mitigation units to persons with full-time employment in Eagle County.

(2)

For any of the following methods of producing Employee Housing Mitigation, all proposed units shall comply with the minimum size requirements shown in Table 7.20-15, and all applicable design requirements.

Table 7.20-21
Minimum Size of Housing Units

(3)

No Credit Given: If the residential square footage of the proposed Employee Housing Mitigation unit(s) is in excess of the minimum required residential square footage, the additional residential square footage shall not be eligible for use as any form of future credit or for the Employee Housing Mitigation.

(f)

Priorities for Employee Housing Mitigation. The following options for Employee Housing Mitigation are listed in order of preference regarding the types of unit(s) created:

(1)

Construction of Employee Housing Mitigation unit(s) on the site on which the development is proposed.

(2)

Construction of deed restricted Employee Housing Mitigation unit(s) within the Town, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party.

(3)

Construction of Employee Housing Mitigation unit(s) outside the Town but within the Eagle Valley, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. Prior to construction of such unit(s), consent of the relevant jurisdiction or homeowner's association (if required) to placement of a deed restriction on the unit(s) must be obtained, in addition to any required land use approvals. Units outside of the Town must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and Solutions plan. Units constructed shall be valued at .75 of the applicable required Employee Mitigation rate.

(4)

Deed restricting existing free market unit(s) within the Town or the Eagle Valley.

i.

As a condition of approval when the deed restriction of existing free market unit(s) is proposed, the Applicant must obtain the approval of the Town for the specific unit(s) and the deed restriction agreement language for the unit(s) to be deed restricted. The Applicant must demonstrate to the satisfaction of the Town that:

a.

The long-term affordability of the proposed Employee Housing Mitigation unit(s) is adequately protected, considering issues including but not limited to long term maintenance and homeowner's assessments; and

b.

The affected property does not prohibit the type of housing proposed. The Town may request additional information about the proposed unit(s) as reasonable to make such a determination. Such approval may contain provisions to ensure that any Employee Housing Mitigation unit(s) subject to a deed restriction meets long term standards for maintenance and affordability.

ii.

Employee Housing Mitigation units outside of the Town must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and Solutions plan.

iii.

Deed restricted units outside of the Town shall be valued at .75 of the applicable required Employee Housing Mitigation rate.

(5)

Fees-in-lieu, as defined by Town Council resolution and updated every two years, may be provided only for any fractional remainder of the Employee Mitigation requirement generated under this Section totaling less than 1.0 employee, subject to the following requirements:

i.

Time of Payment and Use of Funds. Payment of the fee in-lieu shall be made to the Town prior to the issuance of any Certificate of Occupancy or Temporary Certificate of Occupancy for any free market portion of the development.

ii.

Interest Bearing Account. The Town shall transfer the funds to an interest-bearing account.

iii.

Authorized Uses of Fees. The funds, and any interest accrued, shall be used only for the purpose of planning for, subsidizing, or developing Community Housing.

(g)

Mitigation plan required. The Mitigation plan shall include the following:

(1)

Calculation and method. The calculation of, and method by which Employee Housing Mitigation units are to be provided, in compliance with Table 7.20-14 and Section 7.20.100(d).

(2)

Unit Descriptions. If deed restricted Employee Housing Mitigation units are to be developed, a site plan and building floor plans (if applicable), illustrating the number of units proposed, their location, the number of bedrooms, gross floor area of each unit, and the rental/sale mix of the development.

(3)

Timing of review/amendments. The Employee Housing Mitigation plan shall be submitted to and approved by the Town Council prior to, or concurrent with, application to the Town for the free market portion of the initial development plan. Review and approval of plans by the Town Council for construction of Employee Housing Mitigation shall be prior to, or concurrent with, the free market portion of the development plan. Any amendment to an approved Employee Housing Mitigation plan shall require subsequent Town Council approval.

(h)

Certification of Action. The Town Council shall certify the approval, approval with conditions, or denial of the Employee Housing Mitigation plan, or of an amendment thereto. Such approval, approval with conditions, or denial shall be based on compliance with the provisions of this Chapter.

(Ord. 10-14 §3)

(Ord. 21-09 §11; Ord. 19-03, §3)