To identify those areas within the Town of Mt. Crested Butte, Colorado, where, after due investigation and study, avalanche potential is found to exist.

To give notice to the public of those areas within the town where such avalanche potential has been found to exist.

To give notice to the public and provide the public with the opportunity to review pertinent avalanche studies and reports, including the avalanche study report made by Arthur I. Mears, P.E., Snow - Avalanche Hazard and Mapping Analysis, Town of Mt. Crested Butte, Gunnison County, Colorado, December, 1989. This report and mapping are available for public inspection in the office of the town clerk, Town of Mt. Crested Butte, Colorado. It is recommended that said studies be examined prior to purchase, development, construction, or use of land located within the Avalanche Zone District.

To minimize the risk to public health and safety, disruption of commerce, and extraordinary public expenditures occasioned by snow avalanches.

To promote the general public health, safety, and welfare.

To allow for construction by persons informed of potential avalanche danger with regard to a specific parcel of real property, while providing regulations to protect lessees, renters, and tenants of property within the Avalanche Zone District.

To encourage the mitigation of avalanche potential where feasible.

There is hereby established an Avalanche Zone District, consisting of those areas within the town which, after due investigation and study, have been found to be subject to avalanche potential.

The areas within the Avalanche Zone District are as set forth in the study and mapping of the town entitled Snow - Avalanche Hazard and Mapping Analysis, Town of Mt. Crested Butte, Gunnison County, Colorado, December, 1989, and any future amendments thereto, which is hereby adopted as the official Avalanche Zone District Map of the Town of Mt. Crested Butte, Colorado.

The Avalanche Zone District shall consist of three subzone designations known as R1 - Red Zones (High Hazard), B - Blue Zones (Moderate Hazard), and R2 - Red Zones (Snowslide Areas), as such zones are described and defined in Snow -Avalanche Hazard and Mapping Analysis, Town of Mt. Crested Butte, Gunnison County, Colorado, December, 1989.

All plans submitted for design review to the Mt. Crested Butte planning commission for structures located within the Avalanche Zone District shall be marked "Avalanche Zone District," together with the applicable subzone designation. The following language shall be added to the cover page of the design review submittal so that applicants are properly noticed as to the hazards of constructing in these subzones:

Warning—The avalanche forces set forth in the Snow-Avalanche Hazard and Mapping Analysis, Town of Mt. Crested Butte, Gunnison County, Colorado, December, 1989, are considered to be minimum loads for the purposes of subzone Avalanche Zone District mapping and are not design loads. The Town of Mt. Crested Butte, Colorado, does not represent, guarantee, or warrant the ultimate safety of any construction, use, or occupancy of structures constructed to those loads. Avalanches may occur with forces greater than those set forth, and areas of the town not designated as an Avalanche Zone District may be subject to potential avalanche danger.

Prior to the issuance of design review approval for construction within the Avalanche Zone District, the applicant shall personally appear before the Mt. Crested Butte planning commission for the purpose of receiving personal notice of the fact that said structure is within the Avalanche Zone District and to be put on notice of currently adopted studies and requirements applicable thereto.

No new construction within the R1 - Red Zone of the Avalanche Zone District shall be permitted. No work requiring a building permit valued at 50% or more of an existing structure's value, which structure is located within the R1-Red Zone of the Avalanche Zone District, shall be permitted. See section 21-805 for the requirements and procedures available to mitigate the hazards of avalanche and to amend the subzone designation of property, thus enabling construction on the property.

Prior to design review before the Mt. Crested Butte planning commission for any structure to be located within the B - Blue Zone or R2 - Red Zone of the Avalanche Zone District, the applicant shall submit to the zoning administrator plans signed by an engineer licensed in the State of Colorado certifying that the proposed construction is designed to withstand the avalanche forces to which the structure could be subjected as set forth in the Snow - Avalanche Hazard and Mapping Analysis, Town of Mt. Crested Butte, Gunnison County, Colorado, December, 1989. These plans will be prepared at the expense of the applicant.

The removal of vegetation or change in topography which would increase the potential for avalanche hazard or increase the severity of such hazard is prohibited.

In order to give notice to the public of the existing Avalanche Zone District and notice of the poten-tial for avalanche hazard within the Avalanche Zone District, the following requirements are hereby imposed:

Upon the request of any person, the zoning administrator of the Town of Mt. Crested Butte, Colorado, shall provide such person with a certificate setting forth the status of a particular lot or parcel of land with respect to its inclusion within the Avalanche Zone District.

The erection or construction of avalanche protective, deflective, or preventative structures, devices, or earth work shall be permitted only as a conditional use. Any such structure, device, or earth work which threatens to deflect avalanches into property of others or otherwise threatens to increase the danger to persons or property are prohibited. Prior to granting a conditional use therefor, the applicant shall submit to the Town of Mt. Crested Butte plans signed by an engineer licensed in the State of Colorado certifying that the proposed construction is designed to withstand the anticipated avalanche forces and that the proposed construction will not deflect avalanches onto the property of others, or otherwise threatens to increase the danger to persons or property from avalanches. Other information and engineering studies may be requested prior to the consideration of an application for a conditional use permit for such structure, device, or earth work. As a condition of the conditional use permit, appropriate landscaping may be required where such structure, device, or earth work alter the natural slope or beauty of the land.

In the event that any property owner affected by the Avalanche Zone District feels that as a result of the erection of avalanche protective, deflective, and preventative structures, devices, or earth work, or through a change in topography or erection of other structures, the Avalanche Zone District as defined in the Snow - Avalanche Hazard and Mapping Analysis, Town of Mt. Crested Butte, Gunnison County, Colorado, December, 1989, and the Official Avalanche Zone District Map adopted by the Town of Mt. Crested Butte, Colorado, should be altered or changed, such person may submit an application to the town for an amendment to the Avalanche Zone District Map. Such application shall include, at a minimum, an analysis performed by an engineer licensed in the State of Colorado as to the effect of the avalanche protective, deflective, or preventative structure, device, or earth work, or other changes upon the areas within the Avalanche Zone District, together with a map of the newly defined area within the Avalanche Zone District. If the Town of Mt. Crested Butte, Colorado, erected such avalanche protective, deflective, and preventative structures, devices, or earth work, then it shall make available such information to engineers as requested. Upon such application, the Avalanche Zone District Map may be amended subsequent to public hearing and adoption of an ordinance amending such map.