Table 7.24-1 below lists the uses allowed within all base zoning districts. Most uses are defined in Chapter 7.08, Definitions; for those uses that are undefined, Section 7.24.030 shall serve as the process to define such term. Approval of a use listed in Table 7.24-1 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 7.24-1 and approved under the appropriate process is prohibited, unless determined by the Director that the proposed use is consistent with intent of the zone district.

(a)

Permitted by Right Uses. "P" in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in this Chapter and the requirements of Chapter 7.28, Development Standards.

(b)

Special Review Uses. "S" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special review use in accordance with the procedures of Section 7.16.100, Special Review Use. Special review uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 7.24.060, Special Review Uses, of this Chapter and the requirements of Chapter 7.28, Development Standards.

(c)

Prohibited Uses. A blank cell indicates that the use is prohibited in the respective zoning district.

(d)

Use-Specific Standards. Regardless of whether a use is allowed by right or permitted as a special review use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Section 7.24.050, Use-Specific Regulations or Section 7.16.100, Special Review Use. These standards apply in all districts unless otherwise specified.

(Ord. 10-14 §3)

In Table 7.24-1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each category, and specific uses may be listed in one (1) category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

(Ord. 10-14 §3)

The Town recognizes that new types of land use will develop and forms of land use not anticipated in this Code may seek to locate in the Town. When application is made for a use category or use type that is not specifically listed in Table 7.24-1, the Director shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:

(a)

The Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Director shall consider the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.

(b)

Standards for new and unlisted uses may be interpreted as those of a similar use.

(c)

Appeal of the Director's decision may be made to the PZC following procedures under §7.16.180, Appeals.

(Ord. 10-14 §3)

Table 7.24-1
Allowed Uses

(Ord. No. 25-13, §3(Exh. A); Ord. No. 24-01, §2(Exh. A); Ord. 16-14 §2; Ord. 14-06 §4; Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3; Ord. 19-06 §5)

(a)

Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan.

(b)

Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses.

(c)

Home Occupations. A home occupation must comply with the following limitations and conditions:

(1)

The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place;

(2)

The use is limited to no more than five (5) customers or visitors, other than the occupants, per day;

(3)

If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home);

(4)

The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers;

(5)

The use does not alter the exterior of the property or affect the residential character of the neighborhood;

(6)

The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development;

(7)

Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property;

(8)

The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations;

(9)

Exterior signs are not permitted; and

(10)

There may be only incidental sale of stocks, supplies or products.

(d)

Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions:

(1)

The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town.

(2)

The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town.

(3)

The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using the estate.

(e)

Short Term Rental must comply with the following limitations and conditions:

(1)

Premises shall conform to the applicable requirements of the Town's building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code.

(2)

Premises must comply with the Minimum STR Management Requirements set forth in the Avon Municipal Code Section 5.04.050, Short Term Rentals.

(Ord. 22-09, § 2; Ord. 13-02 §4; Ord. 10-14 §3)

(a)

Residential Uses - Household Living.

(1)

Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. The conversion of an existing building, structure or property to a dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") shall be subject to the Special Review Use process if such use is permitted in the underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town's adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the use-specific regulations for dwelling, timeshare, interval ownership or fractional fee ownership. For the purposes of this Paragraph, conversion shall mean the change of ownership from a nontimeshare ownership to a timeshare ownership as defined by dwelling, timeshare, interval ownership or fractional fee ownership.

(2)

Dwelling, Ground Floor. Residential uses are prohibited on the ground floor of a mixed-use structure in the NC, MC and TC districts. Residential uses may be permitted on the ground floor in the NC and MC districts by special review.

(3)

Public Uses. Public uses, as defined in Table 7.24-1, Allowed Uses, are only permitted in mixed-use structures through special review.

(4)

Child Care/Home Occupation. Special review approval is required for child care as a home occupation in duplex and multifamily dwelling units.

(i)

The provisions of this Section apply in cases in which a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit where the occupants of such dwelling units share a common wall.

(ii)

When a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit where the occupants of such dwelling units share a common wall, in addition to the submittal requirements set forth in Section 7.16.100, Special Review Use, the applicant shall also confirm that the following notice was provided:

(A)

In the case of an applicant living in a duplex dwelling unit, the applicant shall provide notice of the licensed child day care home to the owner of the neighboring unit within the duplex.

(B)

In the case of an applicant living in a multifamily dwelling unit (including a condominium), the applicant shall provide notice of the licensed child day care home to all the owners of property that share a common and adjoining wall with and across the hall from the property owned by the applicant.

(b)

Residential Uses - Group Living.

(1)

Boarding/Rooming House or Private Dorm:

(i)

A boarding/rooming house or dormitory shall provide a minimum of one hundred fifty (150) square feet per person of net living area, including sleeping, bathroom, cooking and lounge used in common.

(ii)

Occupancy of a dormitory sleeping unit shall be limited to no more than eight (8) persons.

(2)

Group Homes:

(i)

Group homes shall comply with the occupancy, dispersal and other requirements found in the state statutes and regulations for group homes.

(ii)

Group homes shall not be located closer than seven hundred fifty (750) feet from another group home, shall be used exclusively for no more than eight (8) persons and shall be in compliance with all town, state and federal health, safety and fire code provisions. Compliance with state statutes is mandatory.

(iii)

Reasonable Accommodation by Town Administrator. In consideration of the requirement of the Federal Fair Housing Act ("FHA") (42 U.S.C. §3601, et seq.), that local governments make reasonable accommodations in order to permit housing for persons with disabilities, the Town Manager (in consultation with the Town Attorney) is authorized to approve minor modifications of building setbacks, height, lot coverage or occupancy limits in order to provide reasonable accommodation for residential group homes without the need for an additional hearing. The Town Manager may approve a reasonable accommodation other than that requested by the applicant if the Town Administrator concludes that an alternative accommodation would have fewer impacts on adjacent neighborhoods. The decision of the Town Manager regarding an FHA application for a reasonable accommodation shall contain written findings of fact as to the need for the accommodation and the authority to approve the requested accommodation.

(c)

Public and Institutional Uses - Child Care Center.

(1)

All child care centers, regardless of type or size, shall meet the applicable licensing requirements of state statutes (Section 26-6-102, et seq., C.R.S.) and the Regulations of the Colorado Department of Human Services (12 CCR 2509-9).

(2)

As a principal use, the child care facility must meet the following standards:

a.

Outdoor recreation use.

1.

Not be closer than fifteen (15) feet to the edge of a vehicular public right-of-way.

2.

Not be within a parking area.

b.

Parking areas and vehicular circulation patterns:

1.

Assure the safety of children as they arrive at and leave the facility.

2.

Include a traffic management plan which includes a designated pickup and delivery area.

3.

Locate all vehicle stacking lanes on site with an on-site turnaround or have separate points for vehicle ingress and egress.

c.

Outdoor play activities are subject to PZC approval and must be compatible with surrounding land uses.

(3)

As an accessory use, the facility must meet the standards above, plus:

a.

Comply with Section 7.24.070 below; and

b.

Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking and similar considerations.

(4)

A child care center shall provide one (1) off-street parking space per employee and a child loading/unloading area of adequate dimensions, preferably off-street.

(5)

Home day cares shall provide an adequate and safe drop-off area which may be a private driveway or on the street, provided that the drop-off does not impede normal neighborhood traffic flow or parking.

(d)

Public and Institutional Uses - Bus Terminal and Bus Stops.

(1)

All bus terminals shall be designed specifically for bus service and shall include sufficient space for waiting passengers, ticketing, restrooms and related operational facilities.

(2)

All operations except passenger/ cargo loading and unloading shall be conducted inside the bus terminal building.

(3)

Bus stops that are installed in conjunction with the development shall be approved by the transit authority to ensure adequate size, safety, protection from weather, appropriate location and related street/pull-off design for bus maneuvering.

(e)

Commercial - Animal Sales and Service.

(1)

Animal Boarding, Animal Hospitals, Kennels and Veterinarian Clinics. All of the above uses shall have their principal entrance and exit on a collector street and, if serving large/farm animals (e.g., horses, sheep), shall be located on a site no less than five (5) acres. There shall be no ingress or egress to local streets.

(2)

Animal Outdoor Activity Areas. Any outdoor activity areas, such as kennels, runs or exercise areas, shall be subject to the following. The facilities shall:

(i)

Only be used between the hours of 7:00 a.m. to 7:00 p.m.;

(ii)

Be supervised by qualified personnel;

(iii)

Be located at least three hundred (300) feet from any residential zone;

(iv)

Not cause loud and incessant noise or fouling of the air by odor thereby creating annoyance or discomfort to the neighbors or others in close proximity;

(v)

Not foster an excessive number of flies or other insects; and

(vi)

Not otherwise cause any unsanitary conditions in the enclosures or the surroundings where the animals are kept.

(3)

Kennel.

(i)

All facilities, including pens, kennels, cages and exercise runs, in the RL and RD districts shall be maintained within a completely enclosed, soundproof building so that, to the maximum extent feasible, noise and odor can not be detected off-premises.

(ii)

In the IC district, kennels may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within one thousand (1,000) feet of any residential district.

(4)

Veterinary Clinic, large (with outdoor runs).

(i)

In the IC district, veterinary clinics may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within one thousand (1,000) feet of any residential district.

(ii)

All facilities, including pens, kennels, cages and exercise runs in the RL district, shall be maintained within a completely enclosed, soundproof building so that, to the maximum extent feasible, noise and odor can not be detected off-premises.

(f)

Commercial - Financial Service, with drive-thru.

(1)

Stacking spaces for drive-thru service shall be provided pursuant to Subsection 7.28.030(e), Drive Through Requirements.

(2)

A drive-thru shall be located, sized and designed to minimize traffic, noise, air emissions and glare impacts on surrounding properties.

(3)

The drive-thru shall be screened from adjacent rights-of-way and properties through architectural elements, screening, landscaping or site design.

(4)

A landscaping buffer is required when drive-thru uses abut residential lots in a residential or mixed-use district.

(5)

The noise generated on the site by talk boxes shall be inaudible at the property line.

(g)

Commercial - Food and Beverage Services.

(1)

Restaurant. An eating and drinking establishment allowed under this Code may provide outdoor seating areas for customers following development plan approval and issuance of a liquor license. The approval of outdoor seating shall be reviewed against the following criteria:

(i)

Permitted outdoor seating areas may utilize the public right-of-way. However, the seating area shall not obstruct the movement of pedestrians or fail to meet ADA requirements for sidewalks and public ways.

(ii)

In approving outdoor seating, the Design Review Board may impose conditions relating to location, configuration and lighting and other operational features of the use to ensure compatibility with surrounding uses, maintenance, sound and compliance with other applicable Town codes.

(2)

Restaurants, with drive-in or drive-thru. Refer to Subsection 7.24.060(f), Commercial - Financial Service, with drive-thru (above) for standards.

(h)

Commercial - Vehicles and Equipment.

(1)

Automobile repair shop, minor:

(i)

Outside storage or repair work is not allowed.

(ii)

Body work and spray painting must be confined to properly ventilate indoor bays that shall be closed from the outdoors during use.

(iii)

Sales of new and used motor vehicle parts are allowed as an incidental use to the repair shop; however, no outside storage of product is allowed.

(iv)

Service bay openings facing a public street or a residential zoning district shall be screened to a height of at least six (6) feet.

(2)

Car wash:

(i)

To the maximum extent practicable, the entrance to a car wash bay shall be sited so as not to be visible from the primary street frontage.

(ii)

Notwithstanding the general setback requirements in districts where this use is permitted, a twenty-foot setback for vehicle wash and service bays, service areas or canopies is required from any adjacent street. The setback shall be landscaped in accordance with Section 7.28.050, Landscaping.

(iii)

Stacking of cars shall be accommodated on site and in conformance with the on-site parking requirements in Subsection 7.28.020(e), Off-Street Parking.

(iv)

Vehicle wash or service bays facing a rear or side setback shall be screened from adjacent residential properties by a screening wall or fence of at least six (6) feet in height.

(v)

Outdoor vacuuming facilities may be outside, but not in the front yard setback nor closer than one hundred (100) feet from any residential district.

(3)

Gasoline/fuel stations:

(i)

A fuel pump canopy shall utilize the same architectural design and materials as the principal building on the lot.

(ii)

Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line. Lights and fixtures shall not extend below the surface of the ceiling of the canopy.

(iii)

Lights shall not be mounted on the top or sides (fascias) of the canopy and shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of Chapter 15.28, Sign Code.

(Ord. 21-09 §12; Ord. 13-02 §5; Ord. 12-02 §3; Ord. 10-14 §3)

(a)

Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section.

(b)

Approval of Accessory Uses and Structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures and activities typically associated with the use, unless specifically prohibited in this Development Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. All accessory uses shall be subject to the standards in this Section 7.24.070, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in Section 7.24.050, Use-Specific Regulations or Section 7.24.060, Special Review Uses, above.

(c)

Interpretation of Unidentified Accessory Uses and Structures. The Director shall evaluate applications for accessory uses that are not identified in this Section on a case-by-case basis, based on the following standards:

(1)

The definition of accessory use in Chapter 7.08, General Definitions, and the general accessory use standards and limitations established in this Section;

(2)

The purpose and intent of the district in which the accessory use is located;

(3)

Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

(4)

The compatibility of the accessory use with other principal and accessory uses permitted in the district.

(d)

General Standards. All accessory uses and structures shall comply with the following general standards:

(1)

Compliance with this Code:

(i)

All accessory uses and structures shall be subject to the dimensional requirements of Chapter 7.28, Development Standards. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control.

(ii)

Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

(2)

Location. The accessory use or structure shall be conducted or located on the same lot as the principal use and to the rear of the front setback line, unless otherwise approved by the Director. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure, provided that the accessory building is not located closer than ten (10) feet from any alley and not closer than five (5) feet from any property line.

(3)

Size. The maximum total size of accessory buildings shall be six hundred (600) square feet unless approved by conditional use permit. No accessory building shall exceed the height of the site's principal structure.

(4)

Same Ownership Required. The principal use and the accessory use shall be under the same ownership.

(5)

Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit.

(e)

Additional Standards for Specific Accessory Uses and Structures.

(1)

Accessory Dwelling Units. An accessory dwelling unit shall be permitted as a Special Review Use subject to the following standards:

(i)

Districts Allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: RL, RD and RM.

(ii)

Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located. Accessory dwelling units may be a separate structure from the principal structure or be attached to and part of the principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as accessory dwelling units.

(iii)

Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three percent (33%) of the size of the habitable floor area of the principal unit or six hundred (600) square feet, whichever is less. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.

(iv)

Limit on Number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling.

(v)

Off-Street Parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit.

(2)

Outdoor Display and Sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses, provided that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements:

(i)

Outdoor display or sale shall require approval of the Director and may be subject to appropriate conditions by the Director to ensure compliance with the provisions of this Subsection.

(ii)

Display of goods shall not be in drive aisles, loading zones or fire lanes and shall not obstruct any entrance to the building.

(iii)

The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building.

(iv)

The outdoor display area may be located in a parking lot, provided that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building.

(v)

No goods shall be attached to a building's wall surface.

(vi)

The outdoor display area shall take place on an improved surface, such as the sidewalk or pavement.

(vii)

No outdoor displays shall be allowed in required landscape areas.

(viii)

At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

(3)

Outdoor Storage. Outdoor storage is a permitted accessory use in the IC zone district with approval of an SRU pursuant to Section 7.16.100, Special Review Use. In the NC, MC and TC zone districts, outdoor storage is permitted through the site plan review process and subject to compliance with the following requirements:

(i)

Except for outdoor storage associated with industrial or agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.

(ii)

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height. The fence shall incorporate at least one (1) of the predominant materials and one (1) of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped.

(iii)

A landscaped earthen berm may be used instead of or in combination with a required fence or wall.

(iv)

If the outdoor storage area is covered, then the covering shall include at least one (1) of the predominant exposed roofing colors on the primary structure.

(v)

No materials may be stored in areas intended for vehicular or pedestrian circulation.

(vi)

No storage of any items may occur within the front setback area or within one-half (½) of each side setback nearest the street.

(vii)

Rooftop outdoor storage is prohibited.

(4)

Home Occupations and Home Offices. Home occupations and home offices that comply with the definition and regulations set forth in the Avon Development Code are permitted accessory uses to residential use in residential zone districts.

(Ord. 17-05 §6; Ord. 10-14 §3)

(a)

Purpose. This Development Code allows for the establishment of certain temporary uses for limited duration, provided that such uses comply with the general and specific standards of this Section.

(b)

Applicability. A temporary use permit is required for any temporary use or structure that may be allowed in each zone district as listed in this Section unless such temporary use is an exempt temporary use as defined in Subsection (f) below.

(c)

Review Procedures. Applications for a temporary use permit shall follow the general review procedures set forth in Section 7.16.020. Applications for temporary use permit may be initiated by the owner or lessee of the property for which a temporary use or structure is desired. A temporary use permit may be extended or renewed by applying for a new temporary use permit in accordance with the procedures and review criteria in this Section.

(d)

Review Authority.

(1)

Administrative temporary use permit. An administrative temporary use permit may be issued for any temporary use as defined in Subsection (e) below, provided that the temporary use or structure shall not exceed thirty (30) days in a calendar year and the temporary use shall not include events exceeding three hundred (300) persons in a single day. Administrative temporary use permits shall not exceed one (1) year in duration. No notice or public hearing shall be required for administrative temporary use permits. The Director may determine that the character of the requested temporary use requires PZC review with a public hearing. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180.

(2)

Temporary use permit. A temporary use permit may be issued by the PZC for any temporary use or structure not allowed as a use by right, or as an accessory use or special review use in the applicable zone district where the proposed temporary use or structure exceeds thirty (30) days in a calendar year. The PZC shall review and render a decision on an application for a temporary use after conducting a public hearing. Mailed notice of the public hearing shall be provided in accordance with Paragraph 7.16.020(d)(2). The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.120.

(e)

Temporary Uses. The following uses shall be classified as temporary uses:

(1)

Temporary Structures. Temporary structures includes, but is not limited to, temporary real estate offices, classroom, office, model home, including manufactured or mobile units or similar portable structures.

(2)

Construction-related Activities. Construction-related activities includes on-site construction activities that are not related to a building permit for the subject property (including construction trailers, storage of materials and equipment and employee parking).

(3)

Outdoor Sales or Events. Outdoor sales or events includes temporary outdoor display/ sales of merchandise (e.g., parking lot or sidewalk sales), seasonal sales (e.g., Christmas trees, Halloween pumpkins, civic group merchandise), special events (e.g., fairs, festivals or similar outdoor events, amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events and outdoor entertainment/ sporting events, rodeos), and farmer's markets.

(4)

Temporary Parking for Special Events or Other Purposes.

(5)

Other. Other temporary uses of a similar nature as determined by the Director.

(f)

Exemptions. The regulations in this Section shall not apply to the following uses:

(1)

Outdoor sales or events which do not exceed five (5) days in any calendar year;

(2)

Construction activities located on a subject property, including the storage of construction materials and construction equipment, construction trailers and construction-related parking associated with a valid building permit for such property;

(3)

Funeral processions;

(4)

Garage or estate sales;

(5)

Private parties;

(6)

Weddings of immediate family of the homeowner;

(7)

Regularly scheduled school events such as athletic events that use existing parking, traffic controls and public safety support;

(8)

Natural disasters and emergencies, staging and assembly grounds; and

(9)

A governmental agency acting within the scope of its functions.

(g)

Permits for Special Events on Public Property. Permits for special events on any street, alley, sidewalk, public building or public park shall not be subject to the procedures and standards in this Section 7.24.080 unless the Town Council determines by motion that a special event must apply for a temporary use permit, in which case the Town Council shall also determine if such application should be processed administratively or by public hearing by the PZC and/or Town Council. Special events on public property shall otherwise be subject to the following provisions of the Avon Municipal Code, including but not limited to:

(1)

Alcoholic beverage permits (Chapter 5.08, Liquor Licenses);

(2)

Amplified sound (Chapter 5.24, Amplified Sound Permits);

(3)

Public parks and special event areas (Chapter 9.40, Public Parks and Special Event Areas).

(h)

Review Criteria. The following review criteria are the basis for a decision on an application for a temporary use permit.

(1)

The temporary use or structure shall not cause unreasonable negative impacts to properties, residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of conditions on such temporary use or structure. Such negative impacts to consider include, but are not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of property based upon zone district designations and community planning documents;

(2)

Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, roads and transportation, as applicable) will be available to serve the proposed temporary use or structure while maintaining adequate levels of service for existing development;

(3)

The temporary use shall comply with all applicable general and specific regulations of this Section, other Town ordinances, and state and federal law unless otherwise expressly stated;

(4)

The applicant has demonstrated that he or she possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner;

(5)

The temporary use or structure is not of a nature that will become impractical to cease or remove over time;

(6)

Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary use or structure ceases;

(7)

All temporary signs associated with the temporary use or structure shall be properly permitted pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs first;

(8)

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site;

(9)

The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits;

(10)

The temporary use or structure, including any associated parking and traffic circulation, shall not disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to the condition that existed prior to the temporary use or structure;

(11)

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored and meet the requirements of the Building Official, including fire rating;

(12)

Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable parking plan shall be approved with the temporary use or structure;

(13)

The temporary use will not result in excessive demands for police, ambulance, fire or other essential public services which may negatively impact the capacity of existing public services to meet existing public service demands or the applicant agrees to mitigate the increased demands for public services;

(14)

The size, nature or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property;

(15)

Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion;

(16)

The location of the temporary use or structure will not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets; and

(17)

The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties; however, in no event shall a temporary use be granted for more than three (3) years.

(Ord. 11-06 §2)