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Home My WebLink AboutArthrex Appeal11 11 Lansky, Weigler& Porter, P.C. January 3, 2012 VIA HAND DELIVERY To��n of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: Pail Uuleu�u�� Plaz�r C'orzd��fr�ir�itrrn �I.ssocicrlior�, Inc. Arthrex, Inc. — 1Jnit C-] 0 Dear Sir or Madam: • Wendy E. Weigler wweigler@lanskyweigler.com Lansky, Weigler � I'orter, Y.C. repres��ts the Vail (;ate�vay Plaza Coudo»linium Association, Inc. (the "Association"). Please co�:sider this letter and enclosed documents as the Association's appeal of the Zoning Adminish•ator and/or Pla�ining 1�eain"s detel•inination that t11e proposed use of j Tnit C-10 by Arthrex, Ine. is a professional office. "1'his determinatiou was docume�lted in a Memorandtiu� dated Dccember 15, 201 1, froiii the 'Cown of Vail Comniunit}� Development Department (the `'Memoranduni'). Pursuaiit Io Section 12-3-3 of th� Town Code. an "a�grieved or adversely affected person" ineans an}� person who will sut'ler an adverse effect to an interest protected oc furtliered by this title. The adverse interest may be shared in common with other members oCthe community at large, but shall exceed in degree the general interest in conlmunity good sl�ai-ed by all persons. The Association is the condoininiuni association Ior the �'ail Gateway� Plaza Condominiums, a mixed-use development consisting of�nine (9) residential tu�its, fotirteen (1�) commercial units and thirleen (13) parking space units. 1�he Association is authorized by its governing docun�ents aud Colorado statutc to takc actio►i rn� beh�lf ofitself or rivo or more tmit ow-ners on matters affecting tl�e common interest conimti»ity. Attorneys at Law 1401 17th Street, Suite 560 Denver, Colorado 80202 www.lanskyweigler.com • Direct 303.382.4153 • Office 303.297.1900 • Fax 303.293.8938 ►� �C�L��MC� - L� JAN 0 4 2012 TOW(V OF VAIL Town of Vail January 3, 2012 Page 2 of 3 The Association and its members are "aggrie��ed or adversely affected" persons because tl�eir property values and marketability will be negatively impacted by the operation of a surgical skills training faciliry in Unit C-10. The conlmercial units in the Association were intended to be used for limited purposes, as set forth iu the Association's Kules and Regulations. Specifically excluded from the permitted uses are retail use, restaurant (except for the existing restaurant), bar. photographie, multilith or multigraph reproductions, a barbrr or manicure shop, an employment bureau, a labor union ofiice, a dance or music studio, or any type of school. Also excluded is the use of any equipment utilizing ammoiiia or other process necessitating ve�iting. The Rules prohibit advertisenlents wliich tend to "impair the reputation of the Vail Gateway Building or its desirability as a high aualiry office building." The proposed use of Unit G10 by Arthrex, Inc. is tllat of a healthcare, confei-ence, meeting and/or convention facility, ilot of a professional office. According to the Memorandum, the definition of Professional Office is as follows: "An office for the practice of a profession, such as offices of physicia�ls, dentists, law}'ers, architects, er�gineers, musicians, teachers, accountants, and others who through training are qualiGed to perforin services of a professional nature, where storage, sale, or display of inerchandise on the premises occupies less than ten percent (10%) of the floor area.'" The Memorandum acknowledges that Arthrex, Inc. is a conlpany that provides products and servicesfor orthopaedic surgeons. 1�he proposed use of Unit C-10 is for presentations and training. Unit G10 will not be used "for tlle practice of a profession," as reqLiired by the Town Code, but will be used as a school for surgeons for the p�u•pose of selling orthopedic products manufactured by Arthrex, Inc. The intended use do�s not fall within the definition of professional office set forth in the Town Code. Arthrex, Ine.'s intended use of cadaver specimens is entirely iucotnpatible with a building in which residential units and a restaurant is located. The fact that heallh and safety precautions will be taken does not elinlinate the fact that dead bodies ancl body parts will be transported in and out of a building in extretnely close proximity to the areas �vl�ere people live, sleep, breathe and eat. The following do�uments are enclosed in support of this appeal: A completed Appeals Foi•m; Lansky, Weigler & Porter, P.C. Town of Vail January 3, 2012 Page 3 of 3 2. A letter fi•om Associatioi� president Charles Lipcon, dated I)ecember 13, 201 l, with attached exhibits. This letter sets forth the Association's specific concerns, including citations to relevant Code sections; 3. A list of names and addresses oi� all 0��>>lers in tl�e Vail Gate�vay Plaza building; 4. Stamped, addressed em�elopes for each property owner listed in (3), above. According to tl�e Appeals Form, there is no tee rec�uired for this appeal. If this is incon•ect, or if you require additional iiifor�nation, please do not hesitate to contact me. Sincerely, LANSKY, WEIGLER & PORTER, P.C. Wendy E. Weigler c: Board of Directors Vail Gate��ay Plara Condominium Association, Inc. Lansky, Weigler & Porter, P.C. TOWN OF VA�C � Appeals Form Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator General Information: ; � ' I This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Envirq' ' r Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision JAN 0 4 2012 '3.�� fL Action/Decision being appealed: Vail Gateway Condominium Association, Inc. is appealing the zoning administrator's determination that the proposed use of Unit C-10 is for a professional o�ce. Date of Action/Decision: December 15, 2011 Board or Staff person rendering action/decision: Zoning Administrator; Community Development Department Does this appeal involve a specific parcel of land? (�) yes ( ) no If yes, are you an adjacent property owner? (✓) yes ( ) no Name of Appellant(s): Vail Gateway Plaza Condominium Association, Inc. Mailing Address: c/o Wendy E. Weigler, Lansky, Weigler & Porter, P.C., 1401 17th Street, Ste. 560, Denver, CO 80202 Physical Address in Vail: 12 Vail Road Legal Description of Appellant(s Pro rty in V'I: Lot Appellant(s) Signature(s): (Attach a list of signatures if r p e is r u e . Phone: 303-382-4153 Block Subdivision: Vail Gateway Plaza Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or ad- versely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: No Fee Meeting Date: _ Planner: Zoning: Location of the Proposal: Lot: Block: Received From: DRB No.: Project No: _ Land Use: Subdivision: Ol-Oct-11 Vail Gateway Plaza Owners Greenauer Design Group c/o Melissa Greenauer 12 Vail Road, Suite 1000 Vail, CO 81657-5063 12 Vail Road, Suite 800 Highline Sports & Entertainment, Inc. c/o Brausch & Deighan 12 Vail Road, Suite 500 Vail, CO 81657 12 Vail Road, Suite 500 Kelly Liken, LLC c/o Kelly Liken 12 Vail Road, Suite 100 Vail, CO 81657 12 Vail Road, Suite 100 Timberline Commercial Properties, Inc. c/o Kevin Deighan 12 Vail Road, Suite 600 Vail, CO 81657 12 Vail Road, Suite 600 Charles R. Lipcon and Irmgard Lipcon 3522 Bayshore Villas Drive Miami, FL 33133 12 Vail Road, Suite RS {.} M.R. Gateway, LLC 5151 Collins Avenue, Suite 1727 Miami Beach, FL 33140 12 Vail Road, Suite R3 Charles R. Lipcon and Irmgard Lipcon 3522 Bayshore Villas Drive Miami, FL 33133 12 Vail Road, Suite R5 M.R. Gateway, LLC 5151 Collins Avenue, Suite 1727 Miami Beach, FL 33140 12 Vail Road, Suite R2 Edward Flak and Carolyn Flak 7601 NE Spanish Trail Court Boca Raton, FL 33487 12 Vail Road, Suite R4 Gore Creek Holdings, LLC c/o Russell Standard Corp. PO Box 479 Bridgeville, PA 15017-0479 12 Vail Road, Suite R1 Deer Spring, LP 1351 Freeport Road Pittsburg, PA 15238 12 Vail Road, Suite C14 Deer Spring, LP 1351 Freeport Road Pittsburgh, PA 15238 12 Vail Road, Suite C13 {.} Deer Spring, LP 1351 Freeport Road Pittsburg, PA 15238 12 Vail Road, Suite C15 HSE Investment Partners, LLC 12 Vail Road, Suite 500 Vail, CO 81657 12 Vail Road, Suite C8 Timberline Commercial Holdings, LLC 12 Vail Road, Suite 600 Vail, CO 81657 12 Vail Road, Suite C7 Ryan Gateway C-6, LLC 54 Beaver Dam Road Vail, CO 81657 12 Vail Road, Suite C6 Anthony Vangalis and Patricia E. Peeples PO Box 3007 Vail, CO 81658 12 Vail Road, Suite C9 White River Acquisition Corp. c/o Ellis & Hirsberg CPAS, Attn: Cathy Davis 219 East 2"d Street PO Box 400 Clarksdale, MS 38614 12 Vail Road, Suite R6 GGG, LLC PO Box 5963 Vail, CO 81658 {.} 12 Vail Road, Suite C1 GGG, LLC PO Box 5963 Vail, CO 81658 12 Vail Road, Suite C4 GGG, LLC PO Box 5963 Vail, CO 81658 12 Vail Road, Suite CS Leo Palmos 2775 Iris Avenue Boulder, CO 80304 12 Vail Road, Suite R7 TNG Holdings, LLC c/o Tom Greenaur PO Box 5963 Vail, CO 81658-5963 12 Vail Road, Suite C10 James Thomas Bates and Catia Bates 524 Isle of Capri Fort Lauderdale, FL 33301 12 Vail Road, Suite R8 Vail Gateway Plaza 12 Vail Road, Suite 600 Vail, CO 81657 12 Vail Road, Suite C11 {.} Gore Creek Holdings, LLC c/o Russell Standard Corp PO Box 479 Bridgeville, PA 15017-04779 12 Vail Road, Suite R9 GGG, LLC PO Box 5963 Vail, CO 81658 12 Vail Road, Suite C3 GGG, LLC PO Box 5963 Vail, CO 81658 12 Vail Road, Suite C2 J. Michael Spriggs PO Box 6365 Denver, CO 80206 12 Vail Road, #P1 Vail Gateway, LLC 12 Vail Road, Suite 600 Vail, CO 81657 12 Vail Road, #P7 GGG, LLC PO Box 5963 Vail, CO 81658 12 Vail Road, #P13 Eugene G. Fahey & Nora E. Fahey Trustee 161 Clarkson Executive Park Ellisville, MO 63011 12 Vail Road, #P5 {.} Klaus & Marc Schwarzkopf 293 Perry Street Port Perry 1S6 CANADA 12 Vail Road, #P4 Rupert Oberlohr 2645 Davos Trail Vail, CO 81657 12 Vail Road, #P8 Hanno 1. Fontaine Trust 2050 S Aia Unit 1 Jupiter, FL 33477 12 Vail Road, #P11 Vail Gateway, LLC 12 Vail Road, Suite 600 Vail, CO 81657 12 Vail Road, #P6 Helmut Reiss Trust — Helmut Reiss Trustee 1401 Lavender Lane Laguna Beach, CA 92651 12 Vail Road, #P3 Hans Wiemann Living Trust, Hans Wiemann Sole Trustee 14639 Mallard Lake Drive Chesterfield, MO 63017 12 Vail Road, #P9 lames H. Schink and April T. Schink 300 N. Lasalle, 3900 Chicago, IL 60654-3406 {.} 12 Vail Road, #P10 J. Michael Spriggs PO Box 6365 Denver, CO 80206 12 Vail Road, #P2 Hanno J. Fontaine Trust 2050 S. Aia, Unit 1 Jupiter, FL 33477 12 Vail Road, #P12 {.} Law Offices LIPCON, MARGULIES, ALSINA & WINKLEMAN, P.A. One Biscayne Tower, Suite 1776 Two South Biscayne Boufevard Miami, Florida 33131 TEL 305-373-3016 800-838-2759 FAX 305-373-6204 WEB www.lfpcon.com December 13, 2011 Town of Vail Attn: Planning Department 75 S. Frontage Road Vail, CO 8165? Ricardo V. Alsina Charles R. Lipcon Jason R. Margulies Michae! Winkfeman Carfos �. Llinfis Negret "Stacey Z. Margufies *Tonya J. Meister •ofcounsel Re: Arthrez, Inc.'s ProQosed Cadaver Facilitx in the Vait Gateway Building To Whom It May Concern: As President of tlxe Gateway Condominium Association for the Vail Gateway Building located at 12 Vail Road, Vail, CO 81657, it has come to my attention that a company called Artl�rex Inc. is attempting to open a"wet lab" medical facility where human cadavers will be medically operated on. To make matters worse, Arthrex has done nothing to obta.in any approval from the homeowners association; and has done nothing in order to camply with the applicable Zoning laws. I have obtained a Temporary Restraining Order in order to stop Arthrex, and hereby request this Honorable Commission immediately look into this alarming issue. The Vail Gateway Building falls under the Special Deveiopment District (SDD). [See Official Zoning Map attached hereto and marked as Exhibit 1. ) According to the Vail Town Code: "Determination of permitted, conditional and accessory uses [in the 5DD] shall be made by the planning and enviranmental cammission and town council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development dist�ict, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district." —12-9A-6. �See Exhibit 2 attached.J It is my understanding that Arthrex has failed to comply wi#h these requirements. As such, the Planning and Environmental Commission and Town Council should formatly deny the proposed use of Arthrex's property. If the review of Arthrex's proposed faciliry does not restrict the use, then it is determined by the property's underlying zone district, which in this case is the Commercial Service Center (CSC) district. [See the list of the CSC distt�ict's permitted, conditional and accessory uses attached hereto and marked as Exhibit 3.J As the list shows, the CSC district considers "professional of�ces, business offices, and studios" pernutted uses. — 12-7E-3. �Exhrbit 3. J Under the Code, the term "professional office" is defined as follows: "An affice for the practice of a profession, such as offrces of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and otliers who through training are qualified to perform services of a professional nature, where storage, sale, or display of inerchandise on fi.h.e premises occupies less than ten percent (10%) of the floox area." —12-2-2. [See Exhibit 4 attached.J Clearly a company which affers a training laboratory vvith cadavers is not a typical "professional ofiice" as intended by the Code. As to the CSC district's conditional uses, Arthrex could potentially only fall under a "convention facility." — 12-E-4. In order for such use to be permitted as a conditional use, though, Arthrex must obtain a conditional use pernut. —12-E-4. [Exhibit 3.J The process of obtaining a conditional use permit is governed by Chapter 16 of the Code. [See Chapter 16 attached hereto and mar•ked as Exhibit S.J First, the applicant needs to submit an application which must include "C. A description of the precise nature of the proposed use and its operating characterisiics.... F. Such additional material as the adnninistrator znay prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit... G. A list of the owner or owners of record of the properties adjacent to the subject property... The list... shall include the names of the individuals, their mailing addresses, and the general descripiion of the property owned or managed by each. Accompanying the list sha11 be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's responsibility to provide this information and stamped, addressed envelopes... H. If the property is owned in common (condaminium association)... fihe written approval of the other property owner, owners or applicable owners' association shall be required." — 12- 16-2. [�xhibit S.J Upon submitting the application, the Pla.tuung and Environmental Commission holds a public heat�ing, wherein the commission may approve the application as submitted or may approve the applicatzon subject to certain conditions which may include, but not be limited to, "regulation of... methods of operation" and "control of potential nuisances". — 12-16-5. [Exhibit S.J The Code defined a"nuisance" as follows: "any act or condition which endangers the public health or environnnent or results in annoyance or discomfort to the public or darz�age to auy property or injury to any person." — 5-1-1 [See Exhibit 6.J Factars which the commission considers when deciding on a conditional nse permit application include the following: "1. Relationship and impaet of the use on development objectives of the town.... 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses... 5. Such other factors and criteria as the commission deems applicable to the proposed use... 6. The environmental impact report concerning the proposed use, if an environmental impact repart is required by chapter 12 of this title." — 12-12-16-6(A) [Exhibit S.J In addition, the coznmission must find that the "proposed location of the use a.ud the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or -2- L[ P C O N, M A R G U L I E S, A L S 1 N A BG W I N K L E M A N, P. A. welfare, or materially injurious to properfiies or imprflvements in the vicinity." — 12-16- 6(B). jExhibit S.J In regard to the environmental impact report, according to Chapter 12, the report shall be submitted to the administrator for any project which the admitustrator determines may significantly change the environment, either during construction or on a continuing basis, due to: poten#ially resulting in a"hazard to health and safety" or involving "any process which results in odor that may be objectionable or damaging" (among others). — 12-12-1 jSee Exhibit 7.J Chapter 12 discusses both the stud.ies and data required (12-12-4) as well as the contents the report should contain (12-12-5). The Planning and Environmental Commission reviews the report and either approves, disapproves or requests changes in tl�e project in writing. —12-12-11. In the event that Arthrex's use does not fa11 under any of the defined permitted uses, conditional uses and accessory uses of the district, section 12-4-2(B) may govern. Such section provides that the pernutted uses, conditional uses and accessory uses in the particular districts shall be deemed to be exclusive uses for those districts, and any use not specificaIly permitted as a`permitted use' is prohibited unless a determination of `similar use' is made in accordance with section 12-3-4. [See Exhibit 8.J To be clear, Arthrex has taken none of the required steps in order to even begin to develop such a facility. As such, please act immediately to review this alarming situation, including a public hearing, and to require an environmentai impact report. Your irnmediate attention to this matter is sincerely appreciated. /s/ Charles Lipcon CHARLES R. LIPCON President of the Gateway Condominium Association -3- L I P C O N, M A R G U L 1 E S, A L S[ N A 8t W I N K L E M A N, P. A. ZON! DISTRICTB o...,,....M, �� .��,� 8 ��.....,�..� �.......� o....... ....� m,... ,..y.�.��.... �� -: � =� �;�:n��.� e� w _�. �.� __ o� �.� � o..::::� ��.."'��,� -...,� c�d....�a..��,� �w.�.. � �� "'a�� o....... �...,....,...�..,.� Official Zoning Map Towr� af 1/a/!, Colorado � �,•=._ .�°�.�.,s ��.......�.....,..,..w ,..� «..,..,....._.. �:.^, EXHIBR a � Sterling Codifiers, Inc. ARTICLE A. SPECIA� DEVELOPMENT (SDD) DISiRICi 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is ta encourage flexibility and creaiivity in the devefopment of (and in order io promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and econamical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vai! comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and iwo-family primary/secondary residential. (Ord. 29(2045� § 26: Ord. 9(1994) § 1: Ord. 21(1988) § 1) 12-9A-2: DEFINITIONS: AFFECTED PROPERTY: Property within a special development district that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved special development district. AGENT �R AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner ta act on his (her) stead. If any of the property to be included in the special developmertt district is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with afl pertinent requirements of the condominium association's decfarations and all other requirements of the condominium declarations are met. MAJOR AMENDMENT (PEC AND/QR COUNCIL REVIEW�: Any proposaf to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), exce�t as provided under section � 2-15-4, EXHtBIT � � i�s Sterling Codi6ers, Inc. "interior Canversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of #his title. M1NoR AMENDMENT (�TAFF REVIE111�: Modifica#ions to building plans, site or landscape plans that do not alter the basic intent and character af the approved special development district, and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not mare than five feet (5') to approved setbacks and/or building footprints; changes fo landscape or site plans that do not adversely impact pedestrian or vehicular circuiation throughout the special development district; or changes to gross floor area {excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this fiitfe. UNDERLYING ZONE DISTRICT: The zane district existing on the property, or imposed on the pr�perty at the time the special development district is approved. The folfowing zone distric#s are prohibited from special development districts being used: hillside residential, single-famfly residential, two-family residential, two-family primary/secondary residential. {Ord. 29(2005) § 26: Ord. 13(1997) § 2: �rd. 9{1994) § 2: �rd. 21(1988) § 1) 12-9A-3: APPLICATION: An application for approval of a spec9al development district may be filed by any owner of property to be included in the special development district or his (her) agent or authorized representative. The application shall be made on a form provided by the department of community development and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property tn be included in the special development district, or their agents or authorized representatives. The application sha[l be accompanied by submittal requirements in section � 2-9A-5 of this article and a development pfan as in section 12-9A-6 of this article. (Ord. 2st2oo�� § 26: ord. �� t� 9ss) g �) i2-9A-4: DEVELOPiVIENT REVIEW PROCEDURES: A. Approval Of Pian Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said distrlct. The approved development plan shall establish requirements regulating development, uses and activity within a special develapment district. 2ofs Sterling Codifiers, Inc. B. Preapplication Conference: Prior to submittal of a formal application far a speciaf develapment district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the gaals of the proposed specia! development district, the relationship of the proposal to applicable elements of the town's comprehensive pian, and the review procedure that will be follawed for the application. C. PEC Conducts Initial Review: The initial review o# a proposed special development district shall be held by the pfanning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report ofi the department of community development staff s findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty {20) days of the closing of a public hearing on a proposed amendment, the planning and environmenta( commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purpases of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its defiberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental cammission stating its findings and recommendations, and the staff report shalf then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within tweniy (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shali consider but shall not be bound by the recommendation of the pianning and environmentai commission. The town councif may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the councif may deny the petition. If the counci! elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as preseribed by the Vail town charter. {Ord. 29(20Q5) § 26: Ord. 21 {1988) § 1) 12-9A-5: SUBMITTAL REQUlREMENTS: The administrator shall establish the submittal requirements for a special development district application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body 'rf it is demonstrated by the applicant that the in#ormation and materials required are not 3of8 5terti�ig Codi6en, Inc. relevant to the proposed development or appficable to the planning documents that comprise the Vai{ comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (Ord. 29�2005) § 26: 4rd. 5(2003) § 14: Ord. 21(1988) § 1) 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the deveEopment, uses and activities of special development districts. A devefopment pian shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The developrnent plan sha(I contain all refevant material and information necessary to establish the parameters with which the special development district shalf develop. The deve(opment plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevatians, vicinity plan, parking plan, preiiminary open space/fandscape pfan, densities and permitted, conditional and accessory uses. (Ord. 29(2005) § 26: Ord. 21(1988} § 1} 12-9A-7; USfS: Determination� of permitted; condi�ional and accessory uses shall be rnade by the p[anning and environmental commission and town eouncil as a part of Che formal revi�w o# fhe pro.pased developmer�t plan. Unless furCher restricted through the review of the proposet# special deuelopment distri:ct, perrnitted, conditional and accessory" usss shafl be limited to those permitted, conditional and accessory uses in a properfy's underlying zon� district. Under certain conditions, commercial uses may be permitted in residential special development districts if, in the opinion of the town council, such uses are primarily for the service and convenience of the residents of the devefopmen# and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residentiai character of the special development district. The amount �f area and type of such uses, if any, to be alfowed in a residential special development district shall be established by the town counci! as a part of the approved devefopment plan. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating 4of8 Steriing Codifiers, Inc. the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittaf material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is no# applicable, or that a practical salution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workabfe relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with par[cing and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformiiy with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Qr Geologic Hazard: Identification and mitigation of naturai and/or geologic hazards that affect the property on which the special devefopment district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional developmen# responsive and sensitive to natural feaiures, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable P1an: Phasing plan or subdivision plan that will mainiain a workable, functi4nal and efficient relationship throughout the development of the specia! development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shaA make the foflowing findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is nvt applicable, or that a practicai solution consistent with the public interest has been achieved. 2. That the $DD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the SofB Sterling Codifiers, Inc. surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general we(fare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural enviranment and its established character as a resort and residential community of the highest quality. (Ord. 29(2005) § 2fi: Ord. 21(1988) § i) 12-9A-9: DEVELOPMENT STANDARDS; Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shail be determined by the town council as part of the approved developmen# plan with consideration of the recommendations of the pfanning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special deveiopment district's compliance with the design criteria out(ined in section 12-9A-8 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9�►-10: AIUI�NDNIENi PROCEDURE�: A. Minor Amendmer�ts: 1. Minor modifications consistent with the definition of "minor amendment" in subsection 12-9A-2 of this article, may be approved by the department of community development. A(I minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the department of community development. 2. Notification of a proposed minar amendment, and a report of staff actian of said request, shall be provided to all properry owners within and adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the department of community development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the tirne and date of when the planning and environmental commission will be informed of the administrative action. In all cases the report to the planning and environmental commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions may be fiEed by adjacent property owners, owners of 6af8 Sterling Codifiers, Inc. property within the special development district, the applicant, planning and environmental commission members or members of the town council as outlined in section 12-3-3 0# this title, B. Major Amendments: 1. Requests for major amendments to an appraved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this articfe. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment sha(I be made to owners af all property adjacen# to the property requesting the proposed amendment, owners of all properiy adjacent to the special development district, and owners of all property within ihe special development district that may be affected by the proposed amendment (as determined by the department af community development}. Notification procedures shall be as outlined in subsectian 12-3-6C of this title. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-11: RECREATION AMENITIES TAX: A recreation amenities tax shall be assessed an all speciaf develapment districts in accordance with title 2, cha�ter 5 of this code at a rate to be determined by the town council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. (�rd. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-12: TIME REQUlREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin canstruction af subsequent phases within one year of the completion of the previous phase. B. Appraval Voided: If the applicant does not begin and diligently work toward the campletion of the speciai development district or any stage of the special development district within the time limits imposed by the preceding subsection, the appro�al of said special 7 of 8 Sterling Codifiers, Inc. development district shall be void. The planning and environmental cammission and town council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in section 12-9A-4 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-13: FEES: The filing fee for special development district applications and for major and minor amendments to special development districts shall be set by the town councif by resolution. Appiications deemed by the department of cammunity development to have significant design, land use, or other issues which may have a significant impact on the community may require review by consultants other than town staff. Shoufd a determination be made by the town staff that an outside consultant is needed to review any special development district application, said outside consultant shall be commissioned by the department of communiiy development. The department of community development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the applicant at the time the special development district applicatian is submitted to the department of community development. Upon completion of the review af the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within thirty (30) days of notification by the town. {Ord. 29(2005) § 26: Ord. 5(1991) § 1: Ord. 21(1988} § 1) 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: Noihing in this article snall be construed to limit, replace or diminish the requirements, responsibilities, and speciffcations of special development districts 2 through 21. The town council specifically finds thai said special development districts 2 through 21 shall remain in fulf force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the town. These SDDs, if not commenced at the present time, shall comply with section 72-9A-12 of this article. (Ord. 29(2005) § 26: Ord. 21(� 988) § 1) 8of8 Sterling Codifiers, Inc. ARTICLE E. COMMERCIAL SERVICE CENTER (CSC) DISTRICT 12-7E-1: PURPOSE: The commerciaf service center district is intended to provide sites for general shopping and commercial facilities serving the town, together with limited multiple-family dwelling and locige uses as may be appropriate without interfering with the basic commercial functions of the zone district. The commercial service center district is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. (Ord. 29(2005) § 24: Ord. 8{1973) § 10.100) y2-7E-2: REQUIREIUIENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any commercial service center district or enlargement of zone district boundaries, the town council shall by resolution adopt a general development plan for the proposed zone district. The development plan may be prepared by an applicant for the establishment of the zone district or may be prepared by the town. The development plan shall be submitted to the planning and environmental commission for review, and the planning and environmental commission shall submit its findings and recommendations on the plan to the town council. B. Plan Content: The administrator shalE establish the submittal requirements for a develapment pian appiication. A compfete fist of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administratar and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/ar the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan To Be Guide: The development plan sha(I be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the design review board in accordance with chapter 11 of this title shall substantiafly conform ta the development plan adopted EXHIBIT 3 1 of 7 Sterling Cociifers, Tnc. by the town council. (Ord. 29(2Q05) § 24: Ord. 5(2003) § 9: C?rd. 8(1973) § 10.200) 12-7E-3: PERMITTED USES; The following uses shall be permifted in the CSC district: Automated teller machines (ATMs) exterior to a building. Bariks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employse hausing units, as further regulated by chapter 13 vf this title. Personal services and repair shops, including the following: Beauiy and barber shops. Business and office services. Cleaning and laundry pic�C up agencies withaut bulk cEeaning or dyeing. Laundromats. Smal! appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. �Professional offices, business offices, and studios. � Retail stores and establishments without limit as to floor area including the following: 2of7 Sterling Codifiers, Inc. Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores wiihout outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and giassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware siores. Hobby stores. Household appliance stores. Jewefry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. 3 of '7 Sterling Codifiers, Inc. Newsstands and tobacco stores. Pet shops. Photographic studios. Radia and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stares. Variety stores. Yardage and dry goads stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisians of section 12-7E-1 of this article. (Ord. 12{2008} § i4} 12-7E-4: CONDITI�NAL USES: The foliowing conditional uses shalf be perrnitted' in the CSC district, subject to issuanee of a� conditional use permit in accordance with the prouisions of chapfer 16 of this tiCle: Any use permitted by sectian 12-7E-3 of this article, which is not conducted entirefy within a building. Bed and breakfasts, as further regulated by section 12-14-18 of this title. Bow[ing alley. Brewpubs. Child daycare centers. Commerciaf laundry and cfeaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. 4ot� Sterling Codifiers, Inc. Multiple-family residential dwellings and ladges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private ciubs. Private parking structures. Private unstructured parking. Public buildings, grounds and faciiities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meeting rooms, andConvention facilities�(Ord. 12(200$) § 14) 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC district: Home occupations, subject to issuance of a home occupation permi# in accordance with the provisions of section 12-14-12 af this title. Minor arcades. Swimming pools, tennis caurts, patios, or other recreation facilities customarily incidental to conditionaE residential or lodge uses. Other uses customarily incidentaf and accessory to permitted or conditional uses, and necessary for the aperation thereo#. (Ord. 29(2005} § 24: Ord. 6(1982} § 6(b): Ord. 8(1973) § 10.500) 12-7E-6: LOT AREA AND SITE DfIUIENSIONS: The minimum Iot or site area shall be twenty thousand (20,000) square feet of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). (Ord. 12{1978) § 3) 5 oF 7 Sterling Codifiers, Inc. 12-7E-7: SETBACKS: In the CSC district, the minimum frant setback shalf be twenty feet (20'j, the minimum side setback shall be twenty feet {20'), and the minimum rear setback shall be twenty feet (20'). {Ord. 29(20Q5) § 24: Ord. 50(1978) § 2) 12-7E-8: HEIGHT: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roaf, the height of buildings shail not exceed thirty eight feet (38'}. {Ord. 37(1980) § 2} 12-7E-9: DENSITY C�NTROL: Not more than forty (40) square feet af gross residential flaor area (GRFA) shall be permitted for each one hundred (10a) square feet of buildable site area, and gross residentiai floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (�/3) of the total floor area of the dwelling. (Qrd. 31(2041 }§ 5: Ord. 50(1978) § 19: Ord. 12(1978) § 2) 12-7E-10: SITE COVERAGE; Site coverage shafl not exceed seveniy five percent (75%) of the total site area. (Ord. 17(1991) § 11: Qrd. 8(1973} § 10.607) 12-7E-11: LANDSCAPlNG AND SITE DEVELOPMENT: At least twenty percent (20%) af the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less ihan three hundred (300) square feet. (Ord. 19{1976) § 11A: Ord. 8(1973) § 10.609) 6of7 Sterting Codifiers, Inc. 12-7E-12: PARKING AND LOADING: Off street parking and foading shall be provided in accordance with chapter 10 of this title. At least one-ha(f (�/2) of the required parking shalf be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. {Ord. 19( i 976) § 11 A: Ord. 8{1973) § 10.610) 12-7E-13: LOCATION OF BUStNESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and 12-7E-4 of this article shall be operated and conducted entirely within a buiiding except for permitted parking and laading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 34(1982) § 4) 7of7 Sterling Codifiers, Inc, Chapter 2 DEFINITIONS 12-2-1: 1NORD CONSTRUCTION: Words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this title, the reference applies to afl amendments and additions now or hereafter made. (�rd. 29(2005) § 17: Ord. S(1973) § 1.500) 12-2-2: DEFINITIONS OF WORDS AND TERMS: When used in th�s title, the words and phrases contained in this title shal! have the specific meanings as defined in this section. ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee ciub unit or dwelling unit. An accommodation unit is not in#ended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulaiions", of this code. ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a dwelling unit within a multiple-family building designed for or adapted to occupancy by guesis which is accessible from a common corridor, walk, or baicony without passing through another accammodation unit, attached accommodation unit, or dwelling unit. ADMiNISTRATOR: The administrator of the department of cammuniiy deve(apment or hismer designee. AFFECTED PROPERTY: Property within a special development district that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved special development district. AGENT OR AUTHORfZED REPRESENTATIVE: Any individuai or association authorized or empowered in writing by the property owner to act on his (her) stead. !f any Qf the property to be included in the special development district is a condominiumized development, the pertinent condominium associatian may be considered the agent or authorized representative for the individual unit owners if autharized in conformity with all pertinent EXHIBIT � 1 of 19 Sterling Codifiers, Ioc. requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. AMUSEMENT DEVICE: Any device which upon insertion of a coin, s(ug, token, plate or disc, or payment of consideration may be used by the public for use as a game, entertainment, amusement, a test af skill, either mental or physical, whether or not registering a score, which shall include, but shall not be limited to: pool tables, snooker tables, foosball tables, pinball machines, electronic games, fixed stand coin operated kiddie rides, and mechanical bulls, but shaf! nflt include radios, devices that provide music only, or television carrying commercial broadcasts. ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the town of Vaif. ARCHITECTURAL PROJECTIONS: Building projections including, but not limited to, towers, stairs, spires, cupolas, chimneys, flagpoles and similar architeciural features. ART IN PUBLIC PLACES BOARD (AIPPB}: The art in public p(aces board established pursuant to title 3. chapter 3 of this code. ATTlC: The space between the ceiling beams of the top story and the roof rafters. AUTOMOTlVE SERVICE STATIONS: Afacility with retail sale of motor fuel, vehicle servicing and repair and optional accessory convenience siore. AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow praducing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal #o the flow and/or a return intervai in excess of twenty five (25) years. AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenry five (25) years. AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town. BAKERIES AND CON�ECTIONERlES: Commerciaf retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site. BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of human hair. BASEMENT: For the purposes of calculating gross residential floor area {GRFA) on the lowest level af a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculation. The percentage deduction calculations shail be rounded to nearest whole percent. The lowest level's exterior wall surtace area shall be measured from the finished floor elevation of that level to the 2 of 19 Sterling Codifiers, Inc. underside of the structural floor members of the flaor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shal! not be considered part of the lowest level's exterior walls. BASEMENT OR GARDEN LEVEL: For the purposes of implemeniing horizontal zoning within specifiic zone districts, basement or garden level shall be any floor, or portion of any floor, of a struciure located substantially below the first fioor or street level of that structure, as determined by the administrator or the planning and environmental commission. More than one floor, or portion of floors, may be defined as basemen# or garden level within a single structure. BATHROOM: A room containing a working shower or bathtub, sink, and toilet. BAY WINDOWS: A window or series of windows thai projects from the main wall of a building and forming a bay or alcove in a room within. BED AND BREAKFAST: A business which accommodates guests in a dweiling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use. BOWLING ALLEY: A recreation and entertainment facility where the sport o# bowling takes place. A bowiing alley may also include accessory entertainment facilities and uses such as eating and drinking facilities, retail shops, nightclubs, arcade facilities, billiards, Ping-Pang, darts, meeting rooms, and similar uses. BREWPUB: An eating place which includes the brewing af beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The area used for brewing, inc(uding bottling and kegging, shall not exceed fifty percent (50%) of the total floor area af the commercial space. The brewery shall not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year. A barrel is equivalent to thirty one (31) gallons. BUIL.DABLE AREA: Any site, Iot, parce( or any portion thereof which does not contain designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%} slope. BUILDING: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enciosure of persans, anima[s, or praperty. CHILD DAYCARE CENTER: A residence or facility that pravides regular care and supervision, for an entire day or a portion of a day, for seven (7) or more children who are not related to the awner, operator or manager thereof, whether such facility is operated with or without compensation for such care. A daycare center shafl comply with all applicable standards for childcare centers of the Colorado department of social services. CLUBS, HEALTH: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, prafessional offices, accommodation units, general retai(, grocery, liquor and 3 of l9 Sterling Codifiers, Inc. convenience, recreational amenity, real estate offices, conference facilities, health ciubs, eating and drinking establishments, service oriented businesses, or similar uses. COMMERCIAL LINKAGE: An obligation that requires developers to provide housing for a certain number of new employees that are generated by a new commercial development, focusing salely on a development's impact as related to employee generation and not taking into account secondary impacts. COMMERCIAL SKI STORAGE: Storage for equipment (skis, snowboards, boots and poles) andlor clothing used in skiing related sports, which is available to the pubiic or members, operated by a business, club or government organization, and where a fee is charged for hourly, daify, monthly, seasonal or annuaf usage. Ski storage that is part of a lodge, or dwelling unit, in which a#ee is not charged, is not considered commercial ski storage. CONFERENCE FACILlTY: A facility used for conferences, conventions, seminars, banquets, and entertainment functions, along with accessory functions such as lobbies, preconvene areas, and exhibition space. CONVENTIQN FAClLITY: A building or portion thereof designed to accommodate three hundred (300) or more persons in assembfy, but not including a dining room or meeting room in a lodge, if the dining room or meeting room is designed to accommodate less than three hundred (300) persons. CREEK OR STREAM: A body of flowing water mdicated as a perennial stream on the most recent USGS iopographic map of the area. DECK, ROOFED OR C�VERED: A deck that is protected from the elements via a roof or other similar cavering. DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real property that runs with the Iand and is recorded against the property in the Eagle Counry clerk and recorder's office. DEMO/REBUILD: The destruction, demolition, or removal of fifty percent (50%) or more of the gross residential #loor area of an existing dwelling unit or struciure. The deiermination of the flfty percent �50%) shal! be calculated upon "gross residentiaf floor area" as defined in this section. DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land. DESIGN REVIEVII BOARD (DRB): Design review board established pursuant to title 3, cha�ter 4 of this code. DEVELOPMENT: The construction, improvement, alteration, installation, erection, or expansion of any building, structure or other improvement in the town. DORMER: An architectural structure projecting out from a sloping roof of a building designed to provide light, air, access, ar interior volume to a space and usualfy containing a vertical window or venti(ating louver, having a gable or shed roof, in which the total cumulative length 4 of 19 Sterling Codifiers, Inc. o# the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. DORMITORY UN fT: A type of employee housing unit which houses not more than five (5) persons and includes common kitchen facilities, a common bathroom, and a minimum of two hundred fifty {250) square feet of GR�A for each person occupying the unit. DRUGSTORE: An establishment engaged in the retail sals of prescription drugs, nonprescription medicines, cosmetics and related suppfies. DWELLING, MUl.TIPLE-FAMILY: A building containing three (3} or more dwelling units, including townhouses, row houses, apartments, and condominium units, designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: A de#ached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLlNG, TWQ-FAMILY: A detached building containing two (2) dwelling units, designed for or used as a dweiling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Any room or group of rooms in a two-family or mult9ple-family building with kitchen facili#ies designed for or used by one family as an independent housekeeping unit. EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis at a business located in Eagle County. EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shali not be [eased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shafl mean a person who works an average of thirty {30) hours per week or more on a year round basis in Eagle Counry, Colorado. ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment. FAClLITiES, HEALTHCARE: A facility principally engaged in providing services for heaith maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition. FAMILY: Family shall be deemed to be either subsection A or B of this definition: A. An individual, or two (2) or more persons related by blood, marriage or adoption, excluding domestic servants, together in a dwelling unit used as a single housekeeping unit. B. A group of unrelated persons not to exceed two (2) persons per bedraom plus an additional #wo (2) persons per dwelling unit used as a single housekeeping unit. Sof19 Sterling Codifiers, Inc. FIRST FL.00R OR STREET LEVEL: For the purposes of implementing horizontal zoning within specific zone disiricts, first floor or sireet level shall be any floor, or portion of any floor, of a structure focated at or nearest to (either above or below) the level of the adjacent vehicular ar pedestrian way, as determined by the administrator or the planning and environmental commission. More than one floor, or portion of f[oors, may be defined as first floor ar street [evel within a single structure. FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent {1%) or grea#er chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaEcing has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V. FLOOD 1NSURANCE STUDY: The officia! report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base ffood as well as the flood boundary-floodway map. FL40R AREA, GROSS RESIDENTIAL (GRFA): See chapter 15 of this title for GRFA definitions, regulations, and requirements for GRFA calculations. FLOOR AREA, NET: The total floor area within the enclosing walls of a structure not including the fotlowing: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. 6 of I9 Sterling Codifiers, Inc. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the totaf proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance #hereof and are not used for employee working areas. FLO�R AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, prefunction areas and kitchen facilities. FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or he(d by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerEy arranged by oral or written agreement or understanding, either recorded or unrecorded, alfowing for the use and occupancy of the property by one or more cotenants to the exc(usivn af one or more cotenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale af any interest in the property. FRACTIONAL FEE CLUB: A fractional fee project in which each dwelling unit, pursuant ta recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed an site with a front desk operaiing fwenty four (24} hours a day, seven {7j days a week providing reservation and registratian capabifities. The project shal) include, or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. FRACTIONAL FEE CLUB UNIT: An individual dwelling [anit in a frac#ional fee club described as suc� in the project documentation and not an accommodatian unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption #rom registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten {10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Colorado real estate comm9ssion andlar evidence of approval of the application or request for exemption. FULL TIME EMPLOYEE: A person who works an average of thirty (3�) hours per week or more on a year round basis in Eagle County, Colorado. FUNICULARS AND OTHER SIMILAR COfVVEYANCES: Exterior, tram like vehicles, designed to move up and down steep slopes by use of rails or tracks. 7 of 19 Sterling Codifiers, Inc. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. GRADE, EXISTING: The existing grade shall be the exisiing or natural topography of a site prior to construction. GRADE, FINISHED: The finished grade shall be the grade proposed upon completion of a project. GRADE, INTERPQLATED: The reestablished topographic conditiQns of a development site expressed in two foot (2') contour intervals and determined by connecting surveyed spo# elevations located at ten foot (10') intervals around the perimeter of a property boundary and used in the determination of maximum allowable building height. HABITABLE: Any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area. HEIGHT: The distance measured vertically from any point on a proposed or existing roof or eaves to the existing or finished grade (whichever is more restrictive) located directly below said point of ihe roof or eaves. Within any building footprint, height shall be measured vertically from any point on a proposed or existing roof to the existing grade directly be[ow said point on a proposed or existing roof. HOME CHILD DAYCARE �ACILITY: A residence or facility that provides reguiar care and supervision, for an entire day, for more than two (2) but not more than six (6) children from birth to sixteen {16) years of age who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. Residents of the home under twelve (12} years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. A daycare home shal! comply with all applicable standards for childcare centers of the Colorado department of social services. HOME OCCUPATION: A use conducted entirely within a dweliing which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. INCLUSIONARY ZONfNG: A zoning obligation based on the community's need for employee housing considering many factors and secondary impacts, including scarcity of developable land; rising home values; inadequate availability of employee housing in the market; and direct employee generation impacts. INTERPRETIVE NATURE WALKS: Unpaved pedestrian trails with either fixed signs or marked points which are used to explain the natural flora, fauna, geology, geography, or history in the immediate area. This use would exclude all mechanical vehicles except wheelchairs and maintenance equipment. KITCHEN FACILfTIES: Fixtures and equipment for food storage and preparation of ineals, including a sink, stove, oven or microwave oven, and refrigerator and food storage facilities. 8 of I9 Sterling Codifiers, Inc. K{TCHENETTE: A room containing the following fixtures and appliances only: a microwave aven, sink, and refrigerator. L.ANDSCAPING: Natural or significant rock outcroppings, native vegeta#ion, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupy�ng more than twenty percent (20%} of the landscaped area. LAUNDROMAT: A facility where patrons wash, dry or dry c(ean clothing or other fabrics in machines operated by the patron. LIMITED EDITION: One ofi no more than nine (9� copies produced fram an original artist's mold. L4BBY: A communal space in or near the entrance area of a building. LODGE: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted ta accommodation units or fractionai fee club units, is equaf to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. fVotwithstanding the above far properties containing gross residential floor area equal to or less than eighty (80) square feet of gross residential floor area for each one hundred (i 00) square feet of bui[dable site area, such properties shall be defined as lodges, provided that gross residential floor area devoted to accommodation units or fractional fee club uniis exceeds the gross residential floor area devoted to dwelling units. LODGE DWELLING UNIT: A smalf dwelling unit with limited kitchen and floor area and which contains six hundred fifty (650) square feet or less of floor area and is intended to be rented on a shart term basis. LODGE, LIMITED SERVICE: A building or graup of associated buildings designed for occupancy primarily as the temporary lodging place of visitars, guests, individuals, or families, on a short term rental basis, in limited service lodge units or any combination of accommodation units, limited service ladge units, fractional fee c(ub units, or dwelling uni#s in which the gross residential floor area devpted to accommodation units, limited service lodge units, and fractional fee club units is equal to or greater than seventy percent (70%) of #he total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary lodge services and facilities. LODGE UNIT, L(MITED SERVICE: Any room or group of rooms with "kitchen facilities", as defined herein, in a iimited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a sh�rt term rental basis, and accessible from common corridors, walks, or balconies withaut passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A fimited service lodge unit is not intended for permanent residency and sha(I not be subdivided into an individual condominium unit, pursuant to title i3, "Subdivision Regulations", of this code. 9 of 19 Sterling Codifiers, Inc. LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. LOT OR SITE LlNE, FRONT: The boundary line of a fot ar site adjoining a street which provides the primary access or street address of the site, or adjoining the primary access from a street to the lot or site. LOT OR S1TE LINE, REAR: The boundary line of a iot or site extending between the side lines and forming the boundary of the lot or site apposite the front line. In the event of a lot or site having only three (3) lot or site lines, a line ten feet (10'} in length within the lot or site extending between the side lines and parallel to the front line shall be deemed the rear line for purposes of estabiishing setbacks. LOT OR SITE LINE, SIDE: The boundary line ofi a lat or site extending from the front line towards the opposite or rearmost por#ion of the site. MAJOR ARCADE: A place of business where an individual, association, partnership or corporation maintains five (5} or more amusement devices. MEETING AND CONVENTION FACILITY: A building or buildings that contain space for the convening of organizations or groups af people for the purposes of educational, political, social or fraternal advancement. MICROBREWERY: A mixed use commercial operation that processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting that shall also include an on site public restaurant and/or bar which sells the beer and ale produced on site. The maximum brewing capacity for the microbrewery shall be seven thousand five hundred (7,504} barrels per year. A barrel is equivalent to thirty one (31) gallons. The microbrewery use shall nat exceed eight thousand (8,000) square feet of floor area, excluding enclosed areas for loading, trash, and deiivery. The public restaurant and/or bar shall have a minimum seating area of two thousand (2,000) square feet and shall be excluded from the total microbrewery maximum square footage limit. MINOR ARCADE: A place of business where an individual, association, partnership or corporation maintains four (4) or fewer amusement devices. MULTIPLE USE LOADING FACILITY: A facility where a single off street foading facility serves more than one use or one user. NATURE PRESERVES: Areas of fand andlor water that are managed primarily to safeguard the flora, fauna and physical features it contains, while not precluding public access. NEXUS STUDY: A report, prepared at the request of the town council, updated at least every five �5) years or more often i# deemed necessary by the town council, analyzing the current and future employee housing needs resulting from new development and redeve[opment in #he town. IO of 19 Sterlu�g Codifiers, Inc. OFF SITE: A location within the boundaries of #he town other than the site on which the commercial development is located. OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or dispfay of inerchandise on the premises occupies less than ten percent (10%) of the floor area. OFFICE, PROFESSlQNAL: An office for #he practice of .� profession, such as offices a# physicians, dentists, lawyers, architects, en.gineers, musicians, #eachers, accountanfs, and others who through training are qualified to perform services of a professional nature, where storage, sale, or display of inerchandise on the premises occupies less than ten percent (fi 0%) of the floor :area. OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temparary displacement of an existing business affice within the town of Vail due to redevelopment construction activities. �UTDOOR DISPLAY: A temporary ouidaor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment, and further regulated by section 12-14-21 of this title. OUTDOOR RECREATI4N AREAS, ACTIVE: Outdaor recreationa! activities which involve organized or structured recreation that is associated with recreational faci(ities, excluding builc�ings. For example, active outdoor recreation would include, but not be Iimited to: athletic fields, playgrounds, autdoor basketbail and tennis courts, outdoor swimming pools, sfedd'+ng and skiing areas, fitness traifs with exercise stations, etc. �UTDOOR RECREATION AREAS, PASSIVE: Outdoor recreation activities which involve unstructured recreation which does not require facilities or specia[ grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross cauntry skiing, informa! playing fields, etc. OWNER: Any person, agent, firm, corporation, or parfnership that alone, jointly, or severally with others: has Eegal or ec{uitable title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or has charge, care or cantrol of any premises, dweping or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shawn on the records of the recorder of deeds of the county to be the owner of a particufar property shall be presumed ta be the person in cantro( of that property. PARTY WALL: A common wa(I shared by two (2) attached structures, buildings or dwelling units. PATHS, BICYCLE AND PEDESTRIAN: A corridor for use by bicycles and pedestrians, prohibited for use by mo#orized vehicles. PERSONAL SERVICES: A nonmedical commercial business where a service is offered to 11 of 19 Sterling Codifie�s, Inc. the customer and where accessory retail sales of products related to the services may be provided, including, but not limited to, beauty and barber shaps, tailor shops, dry cleaners, laundromats, repair shops, and similar services. PLANNING AND ENVIRONMENTAL C�MMISSION: The body responsible for reviewing development proposals or any maiters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., and as established by ti#le 3. chaater 2 of this code. PLANT PRODUCTS: Fertilizers and plant seeds packaged in quantities weighing not more than twenty five (25) pounds, and trees, shrubs, bedding pfants, ground cover and Christmas trees and wreaihs. PRIMARY ROOF: A roof which covers five hundred (540) or more square feet of building area. A primary roof snail not include required secondary roof forrns, dormers, architectural projectians, covered entryways, shopfront colonnades, awnings, louvers, porte-cocheres, covered decks, and other similar roof forms. This definition is used in the determination of building height in the Lionshead mixed use 1 and 2 zone districts. See figures 8-15(a-c) in the Lionshead redevelopment master pfan for addiiional clarification. PRIMARY RQ�F RIDGELiNE; Generally the highest or most dominant roof ridgeline(s) atop a building mass or series of building masses used in the determination of building height in the L.ionshead mixed use 1 and 2 zone districts. See figures 8-15(a-c) in the Lionshead redevelopment master plan for additionai clarification. PRIMARY ROOF RiDGELINE, ASSUMED: The established centerline portion of a flat or mansard roof and/or the sloping ends of a gambrel or hip roof used in the determination of building height in the Lionshead mixed use 1 and 2 zone districts and as determined by the administra#or. See figures 8-15(a-c) in ihe Lianshead rede�elopment master plan for additional clarification. PRIVATE: A use, area, property or facility which is not public. PRIVATE CLUB: An association of persons and its premises established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, whose bona fide members pay dues and meet certain prescribed qualifications #or membership, use of such premises being restricted to members and their guests. Parking structures may nat be the sole faci[ity for a private club. PRIVATE PARKING STRUCTURES: A parking area within a building ior the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 of this title. PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 ot this title. PROPERTY OWNER: A person, persons or public or prfvate entity with the right to exclusive 12 of l4 Sterling Codifiers, Inc. use, controf, or possessian of property due to trans#er of praperty through a deed or other legal document. PUBLIC: A use, area, property or facility which: A. Is owned and operafed by a governmental entity, and functions or is availabie for use by ai! persons whether with or without charge; or B. Is owned or operaied by a person or entity other than a governmental entity, and functions or is avaifable for use by afl persons withoui charge. PUBLIC ART: Any original creation of artwork that is accessible to the general public. PUBLIC PARKING STRUCTURES: A parking area within a building for use by the public, to be considered an individual iand use nat ta be linked with parking requirements regulated in chapter i 0 0# this title. PUBLIC UNSTRUCTURED PARKING: A parking area not within a building for use by the public, to be considered an individual land use no# to be linked with parking requirements regulated in chapter 10 of this title. PUBLlC UTILITY AND PUBLfC SERViCE USES: Any structure, not otherwise exempted from the definition of "s#ructure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Pubiic utilities and pub(ic services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, stormwater, telecommunications, irrigation, sofid waste, recycling, and �ther similar public utilities and public services. For ihe purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, siorage yards, business offices, or communications antennas and appurtenant equipment. QUASI-PUBLIC: A use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. REAL ESTATE OFFICE: An office for the purpose of conducting rea! estate transactions and/or property management. RECREATION AMENITIES TAX: Afee or dues levied on certain develapment that is used to fund an exterior recreation based improvement or facility including, but nat limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skateparks, golf courses, driving ranges, playgrounds, and other similar amenities. RECREATION STRUCTURE: Any detached (i.e., not connected to any main structure or structures) covering erected over a recreational amenity which is not a seasonal structure. For the purposes of this title, recreation structures shall constitute site coverage but shall not 13 of 19 Sterling Codifiers, Inc. be subject to building bulk control standards. Any recreation struciure is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, bui not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. REDEVELOPMENT: The construction, improvement, alteration, installation, erection, expansion or change in use of any existing building, structure or other improvement in the town that results in an increase in nei floor area or GRFA. RELIGIOUS INSTITUTION: A building used for public worship by any number of congregations, excluding buildings used exciusively for residential, educational, recreational or other uses not assaciated with worship. includes churches, chapels, cathedrals, temples, and similar designations. REMODELING: The alteration ar renovaiion of the interior only of an existing residential dwelling unit in the town of Vail, without any increase in GRFA. RESIDENTIAL DEVELOPMENT: A development that inciudes at least one dwelling unit, including single-family dwellings, two-family dwellings, multiple-family dwellings, fractional fee club units, lodge dwel[ings units, attached accommodation units, and timeshare units. ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground. ROOF, MANSARD: A roof with two (2) slopes on each of four (4) sides, the iower steeper than the upper. SATELLITE DISH ANTENNA: A dish shaped or parabolic shaped recepiion or transmission antenna which is more than two feet (2') in diameter {including dishes stared or temporarily placed for more than i day) for the reception andlor transmission of satellite signals, including, but not limited to, television signals, AM radio signals, FM radio signals, telemetry signals, data communications signafs, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use. SEASONAL PLANT PRQDUCTS BUSINESS: Any person, corporation, company or partnership which sells any "plant products" as defined in this section. A seasonal plant products business shall oniy operate as a canditional use in zone districts where it is aElowed. A seasonal plant products business shall be entitled to not more tnan two (2} permits per lot for any one year, and each permit shal! not exceed sixty (60} consecutive days each. Whenever a seasona! plant products business is nat in operation, all structures, fixtures, materials for sale and equipment relating to the business shall be removed from tne site or location o# operation within a period not to exceed seventy two (72) hours. SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educational, recreational, and cultural activities. Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12} month period. Fvr the purposes of this title, a seasonal use or structure shall not constitute site coverage and shall not be subject to buiiding bulk control standards. Any seasonal use or structure is 14 of 19 Sterling Codifiers, Inc. subject to design review. SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: The area within a lot or site between a fot or site line and the corresponding setback line within the lot or site. SETBACK L1NE: A line or location within a lot or site which establishes the permitted location of uses, structures, or buifdings on the site. SETBACK LINE, FRONT: The setback line extending the fuil width of the site paralle! to and measured from the front lot or site line. SETBACK LINE, REAR: The setback line e�ending the full width of the site parallel to and measured from the rear !ot or siie line. SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear setback fine parallel to and measured from the side lot or site line. SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an estabiishment where a medical practitioner, psychofogist, psychiatrist or similar professiona! licens�d by the state of Colorado engages in approved and recognized sexual therapy. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, incfuding hair, nail and skin care. SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home electronics are sold and/or repaired on the premises. SHORT TERM RENTAL: Shall be deemed to be a rental for a period of time not exceeding thiriy one (31) days. SITE: (See also definition of Lot Or Site.) A parcei of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may cansist of a single lot of record, a portion of a lot of record, a combination of Iots of record ar portions thereof, or a parcel of land described by metes and bounds. SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating si#e coverage, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte-cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purpases of this definition, a baEcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shail not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to 15 of 19 Sterling Codifiers, Inc. the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that exiends more than four feet {4') from the exterior face of the perimeter buifding walis or supporting co(umns. SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited io a final major or minor subdivision piat, or a special devefopment district development plan. SLOPE: The deviation of a surface from the horizontal, expressed in percent or degrees and ca(culated through rise over run, SPA: A commercial establishment providing services including massage, body or facial treatments, makeup consultation and application, manicures, pedicures and similar services, but excluding beauty and barber shops. SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC AND/QR COUNCIL REVIEW): Any proposal ta change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge ar expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section i2-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residentiaf Floor Area (250 Ordinance}", of this titfe. SPEC(AL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of chapter 9, article A of this title. Minor amendments may include, but not be limited to, variations of not more than five feet (5') to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to grass floor area (excluding residential uses) af not more than five percent {5%) of the approved square footage of retail, office, common areas and other nonresidential floor area. STORAGE AREA: An area within a dwelling unit which is designed and used specifically for the purpose of storage and is not required by the latest edition of the adopted building codes to provide either light, ventilation, or to comply with any code requirement for its function or existence. STORE, CONVENIENCE FOOD: Commercial retail entity #hat specializes in selling fast food and beverage, and only includes counter service, not table service. STRUCTURE: Anything constructed or erected with a fixed locatian on the graund, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis couris may be exempted from this definitian. STUDIO: A building or portion of a building used as a place of work by an artist, photographer, or an artisan in the fieid of light handicrafts, provided that no use shall be permitted or no process or equipment employed which is objectionable or injurious to persons or property in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse or wastes, noise, vibration, illumination, glare, unsightliness, or hazard of fire or explosion. 16 of 19 Sterling Codifiers, Inc. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost af which equals or exceeds fifty percent (50%) of the markeY value of the structure. Market value shatl be determined by a qualified assessor designated by the administrator. The market value of a structure is determined either: a) before the improvement or repair is started; or b} if the structure has been damaged and is being restored, before the damage occurred. For the purposes af this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structurai part of the buifding commences, whether or not that alteration affects the external dimensions of the structure. Tne term does not, however, include any project for improvement of a structure to compiy with existing state or local health, sanitary, or safety code specifications which are sofely necessary to assure saie living conditions. SUBSTANTIAL OFF SITE IMPACT: An impact resulting from development or redevelopment on the surrounding neighbarhood and public facilities in the vicinity of a development or redevelopment site having a considerable amount of effect upon the area. Far example, subsiantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvemenis, pedestrian walkway improvements, streetscape improvemen#s, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. THEATER: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies ar motion pictures. TIMESHARE ESTATE: Shall be defined in accordance with Colorado Revised Statutes section 38-33-11 d. TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified premises; provided, that the occupancy of the premises is divided into five (5) or more separate time periods extending over a term of more than two (2) years. The premises may consist of one parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of interval estate, timeshare or time span estate. TIMESHARE UMIT: A dwelling unit which includes the following forms of interval property ownership: fractional fee, timeshare estate, or timeshare license, as approved by the iown of Vail. No offer of a fractional fee, timeshare estate, or timeshare (icense in a timeshare unit shall be made except pursuant to an application for regisira#ion and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant io Colorado Revised Statutes 12-61-401 et seq., and the ruies and regulaiions promulgated pursuant thereto. Within ten {10) days after receipt of a written request, the developer of a timeshare unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Coiorado real estate commission and/or evidence of approval of the appiication or request for exemption. TRANSPORTATION BUSINESS: A business which provides transportation for persons in #he form of a shuttle service (e.g., van transportation) or by praviding automobiles for customers (e.g., car rentaf). Transportation businesses do not include businesses providing vehicles for the transportation of goods or products including, but not limited to, panel irucks, moving vans and trucks, and other similar vehicles. 17 of 19 Sterling Codifiers, Inc. TRUSS TYPE STRUCTURAL SYSTEM: A structurai system that includes trusses used as structural support, perpendicular to ihe outside walis, on the inside of a roof structure. UNDERLYfNG ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special deveEopment district is approved. USABLE OPEN SPACE: Outdoor space usable for outdoor living or recreational activities, including patios, terraces, gardens, lawns, swimming pools, water features, or recreation areas, and decks or balconies, but excluding driveways, parking areas, access walks, utility and service areas, and required setback areas. Patios used for restaurant and bar service shall not be considered as usable open space. USABLE OPEN SPACE, GROUND LEVEL: Usable open space provided at grade or on decks or similar structures not more than ten feet (10') ab�ve ground level and accessible fr�m ground level. USE: The purpose for which a site or structure or portion thereof is arranged, designed, intended, erected, moved, altered, or enlarged, or for which either a site or structure or portion thereof is or may be occupied ar maintained. USE, ACCESSORY: A use or activity that is subordinate and incidentai to a permitted or conditional use. USE, CONDITIQNAL: A use or activity with unique or speciaf characteristics that requires additional review to ensure they are located properly with respect to ihe objectives of the zoning regulations, and to ensure th�ir compatibility with other surrounding uses and the town at large. Due to their unique characteristics and ihe potential for impacts ta adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principal use �r activity allawed by right within a zone district. VAIL COMPREHENSIVE PLAN: The Vail comprehensive plan is an advisory master plan for the development of the town of Vail. The Vail comprehensive plan is the compilation of numerous p(anning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park masier plan (adopted August 5, 1985), land use plan {adopted November 18, 1986), Vail Village master plan (adapted January i 6, 1990}, streetscape master plan (adopted November 20, 1991), transportation master plan (adopted January 1993), municipal cemetery master plan (adopted December 7, 1993), comprehensive open lands plan (adopted 1994�, environmental strategic plan (adopted 1994), Ford Park management plan {adop#ed April 14, 1997), Lionshead redevelopment master plan (adopted December 15, 199$}, and art in public places strategic plan (adopted November 6, 2001). VARIANCE: Permission to depari from the literal requirements of a zoning ordinance, as further regufated by this title. VEHICLE, COMMERCIAL: A vehicle #hat is designated for cammercial use through licensing requirements by the state of Colorado. 1 S of I9 Sterling Codifiers, Inc. VEHICLE STORAGE YARD: An area where vehicles are temporarily parked while awaiting repair or disposition. Vehicles stored in a vehicle storage yard must be licensed vehicles, and no one vehicle may remain in such a storage yard for more than one hundred twenty (120) cansecutive or nonconsecutive days in a one year period. A vehicle storage yard does not include the repair and servicing of vehicles or the remaval and sale of vehicle parts or other accessories. VESTED PROPERTY RIGHT: The right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW CORRIDOR: An unobstructed location, posiiion or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from a public place, adopted by ordinance, as further regulated by this tEtle. VIEW POiNT ORIGlNATION: The survey point, called aut as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. ZONE DISTRICT A specifically delineated area in the town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the town of Vail official zoning map. ZONING MAP: A map that specifies the boundaries of zone districts within the town of Vail. (Ord. 22(20i0) § 1: Ord. 13(2008) § 1: Ord. 12(2008) § 1: Ord. 8(2008j § 2: Ord. 1(2008) § 1: Ord. 39(2007) § 1: Ord. 32(2007) § 12: Ord. 28(2007) § 2: Ord. 22(2007) § 2: Ord. 8(2007) § 1: Ord. 7(2007) § 1: Ord. 4(20Q6) § 1: Ord. 2(2006) § 2: Ord. 29(2005) § 18: Ord. 24(2Q05) § 3: Ord. 1�(2005� § 2: Ord. 26(20Q4) §§ 1, 2: �rd. 14(2004) § 1: Ord. 33(2003) § 1: Ord. 18(2003) § 1: Ord. 5{2003) § 1: Qrd. 29(2002) § 2: Ord. 28(2002) § 2: Ord. 31(2001 }§ 2: Ord. 24(2001) § 1 Q: Ord. 19(2001) § 3: Ord. 17(2001) § 2: Ord. 5{2001) § 6: Ord. 9(2000) § 1: Ord. 23(1999} § 2: Ord. 22(1999� § 7: Ord. 3(1999j § 3: 1997 Code: Ord. 13(1997} § 1: Ord. 1(1997) §§ 1, 2: Ord. 22(1996) § 1: Ord. 14(1996) § 1: Ord. 6(1995) § 6: Qrd. 21(1994} §§ 1-7: Ord. 17(1994) § 9: Ord. 33(1993) § 1: Ord. 9(1993) §§ 1-5: Ord. 8(1992) §§ 1-3: Ord. 43(1991 y§§ 1, 2: Qrd. 35(1991 }§ 1: Qrd. 17(1991) § 2: Ord. 15(1991) § 1: Qrd. 27(1990) § 1: Ord. 31(19$9) §§ 16-19: Ord. 32(19$8) § 1: Ord. 36(1987) § 1: �rd. 9(1985) § 1: �rd. 41(1982) § 1(A-B): Ord. 26(1982) §§ 7, 8: Ord. 23(19$2) §§ 1, 2: Ord. 6(1982) § 1{a-c): Ord. 37{i 980) § 1: Ord. 26(i 980) § 1: Ord. 16{1978} § 1: Ord. 12(1978) § 1: Ord. 30(1977) § 1: Ord. 19(1976} § 2: Ord. 8(1973) § 1.600) 19 of 19 Sterlina Codifers, Inc. Chapter 16 C4NDITIONAL USE PERMiTS 12-16-1: PURPQSE; LIMITATIONS: fn order to provide the flexibility necessary to achieve the objectives af this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or specia! characteristic$, conditional uses require review and evaluation so that they may be located praperly with respect ta ihe purposes of this title and with respect to their effects on surrounding praperties. The review process prescribed in this chapter is intended to assure compatibility and harmonious deveiopment between conditional uses and starrounding properties and the town at (arge. Uses listed as conditional uses in the various districts may be permitfed subject to such conditians and limitations as the #own may prescribe io ensure thai fhe'locatian and operation of the conditionaf uses wilf be in accordance with development ob�ectives of tF�e town and will not be detrimentat to other uses or properties. Where condifions cannot be �levised to achieve these objectives, applications for conditional use permits shall be tlenied. (Ord. 8(1973) § 18.100) 12-16-2: APPLlCATtON; C4NTENTS: EXHIBIT � 5 �of<< Sterling Cali6ers, Inc. Application for a conditionai use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material coniaining the following information: A. Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner. B. Legal description, street address, and other identifying data concerning the site. G. A description o# the precise nature of the proposed use and its operating characteristics, and measures propased to make the use compatible with other pr.operties �n the vicmity. D. A siie pfan showing proposed development of the site, including tQpography, building locations, parking, traffic circulatian, usabls open space, landscaped area, and utilities and drainage features. E. Preliminary building plans and elevatians sufficient ta indicate the dimensions, general appearance, scale, and interior plan of all buildings. F. Such additional material as the administrator m�y prescribe or the applicant may Submit pertinent to the application and to the findings: prerequisite to the issuance of a conditional use permit as prescribed in sec�ion 1�-16- of this chapfer. G. A list of the owner or owners of record of the properties adjacent to the subject prpperty which is subject of the hearing. Provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directars of a condominium associa#ian. �he list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall incEude the names of the individuals, their maiiing. addresses, and the generaf description of :the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each ind'+uidual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. 2 of Li Sterling Codifiers; I»c. H. Ifi the property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B parcels or C parcels in duplex subdivisions, by way of example and not limitation, the written approva! of the other property owner, owners or applicab(e owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. (Ord. 29(2045) § 38: Ord. 24{2000) § 2: Ord. 49(1991) § 1: Ord. 50(1978) § 15: Ord. 30(1978) § 1: Ord. i 6(1978) § 4(a): Ord. 8(1973) § 18.200) 12-1 fi-3: FEE: The town councif shall set a conditional use permit fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundabfe. (Ord. 29(2005) § 38: Ord. 8(1973) § 18.300) 12-16-4: HEARING: Upan receipt of a conditional use permit application, the planning and environmental commission s�all set a date for hearing in accordance with subsection 12-3-6B of this title. Notice sha(! be given, and the hearing shall be conducted in accordance with subsections 12-3-6C and D of this titfe, (Ord. 29{2005) § 38: Ord. 8(1973) § 18.400) 12-1fi-5: PLANNING AND ENViR4NMENTAL COMIVIISSION ACTION: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a condiiional use permit, the planning and environmental commission shalf act on the application. The commission may approve fhe application as submitfed or rnay approve the application subject to such modifi�afions or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may 6e revocable, may be granted far a limited time periad, or may be granted subject to such other conditions as ihe commissian may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedicatian and improvement; regulation of vehicu[ar access and parking, signs, illumination, and hours and methods of operation; control of potenfial nuisances; prescription of standards for maintenance af buildings and grounds; and prescription of devefopment schedu[es. 3oF11 Sterl'vig Coclifiers, Inc. B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurren#ly with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title, (�rd. 29(2Q05) § 38: Ord. 16(1978} § 4(b): Ord. 8(1973) § 18.500) 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditionat use permit application, the planning and environmental commission shall consider .the following factors with respect #athe prQposed use: �. Relationship and impact of the use on development objectives of #he town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effeci upon traffic, with particufar reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the char.acter of the area in which the proposed use is to be located, including the scale and bulk of the praposed use in relation to surrounding, �ses. 5. Such other facto.rs and criteria as #he commission deerr�s-applicable to the proposed use. 6. The environmentat impact report concerning the proposed use, if an environmenfal irnpac� r.eport is r.equired by chapter 12 of this title. B. Necessary Findings: The planning and environmental commis.sion shalf make the � following findings before granting a conditional use permit: 1. That the proposed location pf the use is in accordance with the purposes of this tifle and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use wili comply with each of the appEicable provisions of this title. (Ord. 29(20�5) § 38: Ord. 10(1998} § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 4 of 11 Sterling Codifiers, Inc. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The folfowing criteria and standards shall be applicable to the uses listed below in consideration of a conditiortal use permit. These criteria and standards shaii be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 1. Bakeries and confectioneries: The use shall be restricted to preparation of products specifically for sale on the premises. 2. Beauty and barber shops: Within the commercial core 1 and commercial core 2 zone districts beauty and barber shops shall have na exterior frontage on any public way, street, walkway, or mall area. Within the Lionshead mixed use 1 and Lionshead mixed use 2 zone districts beauty and barber shops shall have no exterior frontage on any primary or secondary pedestrian mall as defined by ihe Lionshead redevelopment master plan. 3. Brewpubs: a. There shall be no exterior storage of supplies, refuse, or materials on the property upon which the brewpub is operated. b. The operator of the brewpub shail comply with the town's foading and delivery regulations as set forth in this title. c. Brewpubs which sell beer or ale at wholesale or which sell beer for off site consumptian are allowed so Iong as the total of wholesale sales and sales for off site consumption do not exceed forty five percent (45%) of the product manufactured by the brewpub on an annual basis. 4. Commercial storage: No exterior frontage on any public way, street, walkway, or mall area is permitted. 5. Convenience food stores: a. Maximum store size shall be eight thousand {8,000) square feet. b. No more than thirty three percent (33%} of the grass building area of the entire structure on site. 6. Major arcades: a. No exterior frontage on any public way, street, wafkway, or mall area is permitted. b. Amusement devices shall not be visible or audible from any public way, street, wal[cway, or mall area. 7. Tefevision stations: s of 11 SterGng Codifiers, Inc. a. The production room/studio shall be visible from the street or pedestrian mall. b. The television station shall be "cablecast" only, requiring no additional antennas. 8. Timeshare unit ar fractional fee club proposal: Prior to the approval af a condiiional use permit for a timeshare estate, fractional fee, #ractional fee club, or timeshare license proposal, the following shall be considered: a. lf the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equiva)ency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at leas# as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock off units and lock off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square foo#age. c. The abifity of the proposed project to create and maintain a high level of accupancy. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a resuft of the project. e. The appl9cant shall submit to the town a list of all owners of existing units within the project or building; and written statemenis from one hundred percent (100%) of the owners of existing units indicating their approval, without condition, of the proposed fractionaf fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the applicatian for a conditional use. f. Each of the fractional fee club units shall be made available for short term rental in a managed program when not in use by the club members. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. 9. Transportation businesses: a. All vehicles shall be parked upon approved parking areas. b. All vehicles shail be adequately screened from public rights of way and adjacent properties, cansisting of landscaping and berms, in combination with walls and fences, where deemed necessary to reduce the defeterious ef�ects of vehicle storage. c. The number, size and location of vehicles permitted to be stored shall be determined by the pfanning and environmental commission based on the adequacy of the site for vehicle storage. Consideraiion shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other 6oeii Sterling Codifiers, Inc. commercial and/or residential uses. d. Parking associated with transportation businesses shall not reduce or compromise the parking required for other uses on site. 10. Home child daycare faciiity: a. The maximum number of children shall be no more children than allowed by the state of Colorado licensing authority for a childcare home or a totaf of six (6) children, whichever is more restrictive. b. A state of Colorado license is required to operate a childcare home and a current copy of the license shall be kept on file in the town of Vail community development department. c. A conditional use permit for a home occupation to aperate a home childcare facility shall be valid for one year. The permit holder shall be responsible for requesting renewals and maintaining alf permits as current. 11. Funiculars and o#her similar conveyances: a. Funiculars and other similar conveyances shall only be al(owed when designed for the purpose of providing access to a residential dwelling, as determined by the planning and en�ironmental commission. b. Funiculars and other similar conveyances shall on(y be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the planning and environmental commission. "Significant site constraints" shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing struciures that may create practical difficulties in ihe site planning and development o# the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened #rom view, as determined by the planning and environmental commission. 12. Single-fami(y and two-family residential dwellings in the Lionshead mixed use 1 zone district: Single-fami(y and two-family residential dwellings shall be aliowed when: a. Developed as part of a coordinated mixed use development; and b. A(ow density residential scale is advantageous to create compatibility with or a transition to other low density residential development in the vicinity of the coordinated mixed use development; and c. The single-family and two-family residential dwellings are designed to the same 7oftt Sterling Codifiers, Inc. genera( scale and character of residential dwellings in residential zone districts that allow singEe-family and two-famify residential dweflings; and d. The proposed coordinated mixed use deveiopment containing the single-family andJor twa-family residential dwellings is consistent with the in#ent and objectives af the Lionshead redevelopment master plan. 13. Business offices and professional offices in the residential cluster zone district: a. Offices for physicians, dentists and similar medical practices shall be excfuded in the residential cluster zone district. b. Business and prof�ssional offices shal! be secondary to the residential use o# the district. The net fioor area of the office use shall be no greater than fifteen percent (15%) of the allowabie gross residentia! floor area of the development site. c. The sale of inerchandise shall be prohibited. d. Off street parking shall be provided in accordance with the provisions of chapter 10 of this title and shall be cEear(y separate from the area designated for residential parking. e. No overnight parking or storage of commercial vehicles associated with the pro#essionaf ar business office use shafl be permitted. f. Signage shall be permitted in accordance with subsection 11-6-3A, of this code, business signs within sign district 1(title 11, "Sign Regulations") and shall be subject to review by the design review board. g. The number of employees allowed in a business office or professionaf office within the residential cluster zone district shai! not exceed one employee for each twa hundred (200) square feet of net floor area. h. Homeowners' association approval shall be required of al! conditional use permit applications for a professional office or a bus+ness office within the residential cluster district, pursuant to subsection 12-11-4B1d of this title. 14. Temporary business offices: a. Offices for real estaie agents shall be excluded. b. The storage, sale, or display of inerchandise on the premises shal! occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with cha�fer 10 of this title. d. Signage shal! be provided in accordance title 11, "Sign Regulations", of this code. e. The business and service activities and transactions of a temporary business office may on(y be conducted for a limited #ime period, not to exceed three (3} years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three 8 of I1 Sterling. Codifiers, Inc. (3) years from the initial date of approval. The planning and environmental commission may grant a subsequent extension to a conditiona! use permit approval ta a11ow a temporary business office to con#inue activities and transactions beyond the original time period limit, if the commission determines special circumstances and/or conditions exist to warrant such an extension. An extension may only be granied for the minimum time period necessary to facilitate specific redevelopment construction activities that achieve the town's goais, policies, and objectives, but in no event may such an extension be allowed far mare than three (3) years without additional review. f. A conditional use permit approval for a temparary business office shall be reviewed by the planning and environmental commission on an annual basis to verify the applicant's campliance with the conditions af approval. 15. Business offices and professional offices in the housing (H) district: a. Business and professionaf offices shall be secondary to the residential use of the disirict. The net floor area of the office use shail be not greater than fifteen percent (15%) of the net floor area af the devefopment siie. b. The sale of inerchandise shall be prohibited. c. Off street parking shall be provided in accordance with the provisions of cha�ter i 0 of this ti#le and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shal! be permitted. e. Signage shali be permitted in accordance with subsection 11-6-3A of this code, business signs within sign district 1, and shall be subject to design review. f. The number of employees allowed in a business office or professional affice within the housing district shall not exceed one employee for each two hundred (240) square feet of net floor area. g. Homeowners' association or properiy owner approval shall be required of all conditional use permit applications for a professional office or a business office within the housing (H) district pursuant to subsection 12-11-4B1 d of this code. 16. Sexuaiiy oriented businesses: a. Sexuaily oriented businesses shafi be located a minimum of five hundred feet (500') from any: (1) Religious institution; (2) Public park; (3) Library; 9 of 11 SterIing Codifiers, Inc. (4) State licensed daycare facility; (5} School or educational facility serving persons under eighteen (18) years of age; or (6} Any other sexual(y oriented business. b. The distance between any two (2) sexuafly oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance between any sexually oriented business and any religious institution, school or pubfic park shall be measured in a straight line, without regard to intervening structures, frorn the nearest portion of the structure used for the sexually oriented business to the nearest property line of the religious institution or schoal, or the nearest baundary of the public park. c. Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrianways, walkways or other public areas. d. Sexually orisnted businesses shall obtain a license pursuant to tiile 4. "Business And License Regulations", of this code, as a condition of approval for a conditional use permit. {Ord. 1(2011) § 1: Ord. 13(2008) § 3: Ord. 35(2007) § 3: Ord. 22(2007} § 3: Ord. 33(2006) § 2; Ord. 29{2005j § 38: Ord. 36(2003) § 1: Ord. 33(2003) § 1: Ord. 31(2QOi )§ 6: Ord. 17(2001) § 2: Ord. 10(1998} § i 1 � 12-16-8: PERMIT APPROVAL AND EFFECT: Appravai of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becames final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. (�rd. 12(2008) § 26) 12-16-9; CONFLICTING PROVISIONS: In addition io the conditions which may be prescribed pursuant to this chapter, a conditional use shall also be subject ta all other pracedures, permits, and requirements af this chapter and other applicable ordinances and regulaiions of the town. (n the event of any conflict between the provisions of a conditional use permit and any a#her permit or requirement, ihe more restrictive provisian shal! prevail. {Ord. 10(1998) § i0: Ord. 8(1973) § 18.900} 10 of 11 Sterling Codifiers, Tnc. 12-16-y0: AMENDMENT PROCEDURES: A. The administrator may approve amendments to an existing conditional use permit {including, but not limited to, additions to buildings and structures associated with the use, changes to the aperation of the use, changes to the previous conditions of approval, etc.) if the administrator determines the amendmen# meets the following criteria: 1. The amendment is in accardance with all applicable elements o# this code and the Vail comprehensive plan; and 2. The amendment does not alter the basic character or intent of the original conditional use permit; and 3. The amendment will not adversely affect the public health, safety, and welfare. B. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the administrator, shail be reviewed by the planning and environmental commission in accordance with the procedures described in section 12-16-5 of this chapter. (Ord. 12(2008) § 27) ll of ll Sterting Ccxli6ers, lnc. Chapter 1 PUBLIC NUISANCES 5-i-1: DEFINITIONS: NUiSANCE: .For the purpose of this code, a nuisance is hereby defined as any act or condition which endangers the public health or environment or results.in annoyance or discomfort to the pubfic ar damags to any property or injury to any person. PERSON: As used in this chapter means a natural person, corparation, business trust, estate, trust, partnership, association, jaint stock company, joint venture, two (2) or more persons having a joint or common Enterest, any other legal or cammercial entity, or a receiver, executor, trustee, conservator or other representative appointed by order of any court. (1997 Code: Ord. 18{1966) § 1) 5-1-2: DES[GNATED GENERALLY: Each of ihe actions ar conditions sei out in sections 5-1-3 through -5 1-11 of ihis chapter shall be deemed to be a public nuisance and may be proceeded against according to the provisions of this chapter. {Ord. 18{1966) § 2) 5-1-3: KEEPING JUNK: The storing or keeping I�y any person within the town of any old articles or materials which may be classified as junk, adjacenf to ar in close proximity ta any public building, public park or grounds, business buildings or residences without first providing fully enclosed buildings for the storage of the same, shall be deemed a public nuisance. It is sp�cifically provided that trash, garbage and refuse and trash, garbage and refiuse containers, barrels and cans must be obscured from view and not accessible to scavenging animals. It is further specifically provided that "junk" as referred to in this chapter shall be express(y deemed to include, without limitaiion, any motor vehicle that is incapable of operation under its own power. A motar vehicle shall be presumed incapable of operation if it has remained in one location for a period in excess of #hirty (3�) days. (Ord. 16(1968} § 1: Ord. 15(1968) § 1: Ord. 18(1966) § 2(b)) 5-1-4: DEPOSITING WASTE EXHIBIT � � iocli SterGng Codifiers, Inc. The throwing, depositing, scattering by any person or the permitting by any person af the throwing ar scattering of any waste or other material of any kind upon any sidewalk, street, alley, public passageway, public park, open area ar upon any private property wiihin the town shal( be deemed a public nuisance. (Ord. 18(1966) § 2(c)) 5-1-5: ABATEMENT OF MOUNTAlN PINE BEETLE2: (Rep. by Ord. 23(2007) § 1 } 5-1-fi: NOXIOUS WEEDS: A. Plants Listed: Atl plants declared noxious weeds pursuant to the town of Vail weed management plan, which shall be annually reviewed and updated in compliance with the Colorado Revised Siatutes, section 35-5.5-101 et seq., "the Calarado noxious weed act". B. Declaration Of Nuisance: Any and all plants designated noxious weeds by the town are declared to be a public nuisance. Such action may be taken as is available for nuisance abatement under the laws of this state and the town, and as town council, in their sole discretion, deem necessary. C. Removal �f Noxious Weeds Required By Property Owner: Property owners within the town shalf be responsible for the elimination of noxious wesds from their property within ninety (9a} days of the effective date hereof. Such removal shall be accomplished in an ecologically feasible and environmentally safe manner in accordance with all applicable laws, ordinances, rules and regulations. D. Enforcement: The town shall have the right to enter upon any premises, land, or place, whether public or private, during reasonable business hours or upon proper notice for the purpose of inspecting for the existence of noxious weeds, and shall have the right to propose, implement or enforce the management of noxious weeds upon such lands in accordance with the provisions of Colorado Revised Statutes sections 35-5.5-108.5 and i as. 2 of 11 Sterling Codifiers, Inc. E. Advisory Board: The Vail town council shall be the local advisory board for all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the cha+r and the mayor pro tem shall be the secretary. A majority of the members of the board shall constiiute a quorum. F. Penalty: Violation af this section shall be subject to penafty as provided in section 1-4-1 of this code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation. (Ord. 6(2004) § 1: 1997 Code: Ord. 19(1993} § 1} 5-1-7: NOiSE PRQHlBITED: A. Prohibited Aci: The making and creating of an excessive or an unusual(y loud noise at any location within the town heard and measured in a manner hereinafter set forth, shal( be unla►nrful, except when made under and in compliance with a permit issued pursuant to subsection E of this section. B. Definition: An "excessive or unusualiy loud noise" shall be defined as follows: 1. Noise of any duration which exceeds the aflowable noise limit for the zone in which the noise source is located by fifteen (15) decibeis. 2. A noise, one minute ar more in duraiion out of any ten {10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three {3) decibels. C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawfui and prohibited by this section, the noise shall be measured on a decibel or sound level meter of standard design and quaiity operated on the A weighting scale. i. lf the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise sha(1 be measured no closer than ten feet (10'} from the noise source. 3 of 11 Sterling Codifiers, Inc. D. Allowable Limits: The following shall be the aflowable noise limits for the time periads and zones specified: E. Permit To Exceed Limits: Applications for a specified permit to exceed noise level designated in this section may be made to the town manager or duly authorized representati�e. The town manager or duly authorized representative may grant the relief as applied for if he/she finds the following: 1. That additional time is necessary for ihe applicant to alter or modify such activiiy or operation to comply with this section. 2. The aciivity, operation or noise source wifl be of temporary duration, and cannot be done in a manner that will comply with subsection A of this section. 3. That na other reasonable afternative is available to #he applicant. 4. That the permit is necessary for the community's cultural, historical or social bEnefit. The iown manager may prescribe any conditions or requirements deemed necessary to minimize aclverse effects upon the community or the surrounding neighborhood, including, but not limited to, specific #imes or functions of the noise on location of the noise source. Any permit granted by the town manager under this section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. F. Exceptions: The maximum permissible noise limits for the times and zones specified in subsectian D of this section shall not apply to sound emitted from the following: 1. Any authorized emergency vehicle wi�en responding to an emergency call or acting in time af an emergency; 2. Activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the town, including, but not limited to, parades and fireworks displays; 4 of 11 Steding Codifiers, Inc. 3. Any construction equipment opera#ed upon a residentiai, commercial, industrial, or public premises during the time period between seven a'clock {7:00) A.M. and seven o'clock (7:00} P.M.; provided, however, that the operation Qf the construction equipment during the haurs of seven o'clpck (7:00) A.M. and seven o'clock (7:00) P.M. shall not exceed ninety {90) decibels; 4. Any snowmaking equipment; 5. Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways; 6. The sounds of any permitted bells or chimes or the amplified reproductions of the sounds of any bells or chimes played between the hours of eight o`clock ($:00) A.M. to seven o'clock (7:0�) P.M., provided that said sounds shal! not exceed eighty (80) decibels. G. Motor Vehicle Naise: Type Of Vehicle; Time Period: No person shaf! operate nor shall the owner permi# the aperation of any motor vehicle or combination of mo#or vehicles at any time or place when such operation exceeds the following noise levels for the category of motor vehicle and for the designated time period specified in the #abfe set forth below. The standards set forth in this table sha}I apply to all noise emitted from motor vehicles including any and all equipment thereon, under any conditions of acceleration, decelera#ion, idle, greater load, and whether or not in motian. Maximum allowable noise levefs for motor vehicles shall be as follows: ? ; � Measurement ; � Maximum Allowable Distance Type Of Vehicle I, Time Period f Noise Levels � From Vehicle Vehicles weighing less than 10,000 pounds, manufacturer's gross vehicle weight Vehicles weighing more than 10,000 pounds, manufacturer's gross vehicfe weight Any time Any time 80 decibels 90 decibels 25 feet 25 feet 2. Exhaust Muffler3: it is unlawful for any person to drive or move or for the owner of any mator vehicle to permit to be driven or moved, any motor vehicle or combination of motor vehicles at any time which is not equipped with an exhaust muffler. It is unlawful for any person or for the owner of any motor vehicle to change or modify the sxhaust s�ii Sterling Codifiers, Inc. muffier, air intake muffler, or any other sound reducing device in such a manner that the noEse emitted from the motor vehicle: a} exceeds the noise levels as estabiished in the maximum allowable noise level table for motor vehicles, or b) is increased above the sound pressure level of the vehicle as originally manufactured. 3. Idling Engines: a. It shali be unlawfui for any person to idle or permit the idling of the engine of any bus, truck, or any motor vehicle af any kind whatsoever, for a period of time in excess of twenty (20) minutes within the town limits. b. Notwithstanding subsection G3a of ihis section, it shal! be un(awful for any person to permi# any id[ing whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead mixed use 1, Lionshead mixed use 2, commercial core 1 or the commercial core 2 zone districts of the town. H. Ampfified Sounds: 1. Purpose: The town council enacts this legislation for the purpose of securing and promoting the pub(ic com#ort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by ihe constitutionaf rights of freedom of speech and assembly, the council nevertheless #eels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of #his community to privacy and freedom from public nuisance and loud and unnecessary noise. 2. Prohibition And Regulation: It shall be unlawful for any person other tnan the personnel of law enforcement or governmental agencies to install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmit or project music to any person or assembiage of persons in or upon any public street, alleys, sidewalks, park or place, or public property, except when installed, used, or operated in compliance with the foilowing provisions: a. In ali residential zones, no sound amplifying equipment shalf be installed, operated or used for commerciaf purposes at any time. b. The operation or use of sound amplifying for noncommercial purposes in all residential zones and within one hundred feet (100') thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church is prohibited between the hours of four thirty o'clock (4:30) P.M. and nine o'clock (9:OQ} A.M. of the #ollowing day. c. At the Gerald R. Ford Amphitheater located within Gerald R. �ord park, the operation or use of sound amplifying equipment for commercia! purposes is prohibited between the hours of twelve n'clock (i 2:00) midnight and eight a'clock {8:00) A.M. of the following day. 6 of 11 5terling Codifiers, Inc. d. In all other zones, except such portions thereof as may be included within one hundred feet (100'} of any residential zone, the operation or use of sound amplifying equipment for commerciaf purposes is prohibited between the hours o# ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of the following day on Sunday through Thursday, and between the hours of eleven o'clock (�1:00) P.M. and eight o'clock (8:00) A. M. of the following day on Friday and Saturday. e. ln all o#her zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipmen# for noncommercial purposes is prohibited between the hours of ten o'c(ock (10:00) P.M. and seven o'clock (7:OQ) A.M. of the fol{owing day. The only sounds permitted shall be either music, human speech, or both. The sound emanating from sound amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by subsection H2 of this section shalf be as set forth in subsection D of this section. in no event, shall the sound be � loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance ta reasonable persons of normal sensitivity within the area of audibility. 3. Permit Required: It shal[ be unfawful for any person, business or corporation to operate sound amplifying equipment in accordance with this chapter without first obtaining a permi# from the town. Appfication for such permits will be on forms provided by the town. The following information shall be provided by the applicant: a. Name, address and telephone number; b. The place or places the applicant will be playing amplified sound; c. The dates and times the applicant wil( be playing amplified saund. A([ permits shall be valid for a period of one calendar year. Appeal: Appeal of any action ofi the town manager or duly authorized representative pursuant to subsections E and H of this section, denying the issuance of a permit to exceed the noise level or to play amplified sounds, may be filed within thirty (30) days folfowing such action with the town council which shail hear said appeal in accordance with its rules of procedure. The town council may confirm, reverse or modify the actions of the town manager or his/her duly authorized representative. J. Penafty: Any persan, partnership, association, or corporation convicted of a viofation of any provision a# this section shall be subject to penalty as provided in section 1-4-1 of this code. K. Faur Day Limit: 7 of l 1 Ster[ing Codifiers, Inc. 1. Any person wEshing to play "amplified sounds" as defined in subsection H of this section during any period not ta exceed four (4) consecutive days shall not be required to provide the information set forth in subsection H3 of this section in such person's application. 2. Upon the receipt of an application to play amplified sound during any period not to exceed faur (4) consecutive days, the town manager, without the necessity of a public hearing, sha11 either grant or deny the application after consideration of all the �elevant factors. Before the town manager shall grant any such application, the town manager shall be required to make the findings set forth in subsection E4 of this section. (Ord. 14(2007) § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: Ord. 15(1988) § 1: Ord. 26(1984) § 1: Ord. 32(1982) § 1: Ord. 1(1981) § 1) 5-1-8: MUFFLERS4: The operation of a motor vehicle within the town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation ta prevent excessive or unusual noise, or the use, �y any person operating a motor vehicle within the town, of a cutout, bypass or similar muffler elimination appliance shalf be deemed a public nuisance. (Ord. 18(1966} § 2(e)) 5-1-9; !CE AND SNOW OVERHANGS AND ACCUIVIULATIDNS: A. Located Over Public Property Or Ways: No owner, occupant or manager o# any real property or improvement thereon shall allow or permit ice or snow to projeci or overhang from any roof, ledge or other part of the structure or building owned, managed or occupied by such person where the projection or overhang constitutes a hazard ar reasonable possibifity that the ice or snow projection or overhang (or water resulting therefrom} might fall, collapse or drop onto any sidewalEc, street, a(ley, pubfic way, park or any other publiciy used way. B. Accumulations On Buildings: No owner, occupan# or manager of any real property or improvement thereon shall alfow or permit ice or snow to accumulate on the roof or any other part of the structure or building owned, occupied or managed by him or her where the accumulated ice or snow constitutes a hazard or reasonable possibility of sliding off the building onto any sidewalk, street, alley, public way, park or any o#her publicly used way. (Ord. 9(1978) § 1) 8 of 11 Sterting Codifiers, Inc. 5-1-10: ICE, SNOW AND 4BSTRUCTIONS ON SIDEWALKS: A. Duty To Clear Sidewalks: it shall be the duty of every owner or occupant o# any lot, property, or parcei of land within the town, or his/her agent, to keep the sidewalks in the public right of way on or adjacent to such lot or parcel of land, free and clear of and from snow, ice, mud, and ali other obstructions. ft is unlawful to fail ta keep the sidewalks free and clear o# snow, ice, mud, and all other obstructions. Snow, ice, mud, and other obstructions cleared from sidewalks shall not be deposfted in public streets or alleys. B. Notice To Responsible Person: if the town manager or hislher designee finds that any portion of a sidewalk has not been cleared of snow, ice, mud, and other obstructions as required by subsection A of this section and that a hazardous condition exists, the town manager or designee shall no#ify the owner ar manager of any property, the lessee leasing the premises or any adult occupant of a single-family dwelling #hat stach person must remove the snow within twenty four (24} hours. Notice under this subsection is sufficient if hand delivered or telephoned to the owner, manager, lessee, or occupant. C. Town Abatement For Noncompliance: lf the person so notified faiis to remove the snow as required by the notice set forth in subsection B of this section, the town manager or his/her designee may cause the snow remova! to be done ta meet the requirements of this section and charge the cost thereof, plus an additional amaunt up to iwenty five doHars ($25.00) for administrative costs to the person so notified. D. Lien: Ifi arty person fails or refuses to pay any charge imposed under this section, #he town manager may, in addition to taking other coflection remedies, certify due and unpaid charges to the Eagle County treasurer for collection. (Ord. 3t1992) § 1: Qrd. 1(1968) § 1: Ord. 18�1996) § 2(g)} 5-1-11: CONSTRUCTlON WORK LIGHTING: The purpose of this section is #o minimize the possible negative effects of c�nstruction work lighting on adjacent properfiies within the town. A. All arti#icial light sources operated for the purpose of illuminating construction work activities shall be directed internally to the development site toward the specific construction work area or on site objects intended to be illuminated. Any artificial light sources operating between sunset and sunrise for the purpase of illuminating construction worlc activities directed at an adjacent property or pubfic way within the tawn 9 of 11 Sterling Codifiers, Inc. st�all be deemed a pub�ic nuisance. B. All artificial light sources aperated for the purpose of illuminating construction work activities shall cease operation once the associated construction activities have ceased. Any artificial (ight source operating between sunset and sunrise for the purpose of illuminating construction wark activities that remains in operation after the associated construction activities have ceased shail be deemed a public nuisance. C. This section shall not apply to lighting required for identifying hazards or illuminating road construction. D. This section shall not apply to any outdoor lighting otherwise regulatec! by section 14-10-7, "Outdoor Lighting", af this code. (Ord. 4(2009) § 1) 5-1-12: CREATION OF NUISANCE PROHlBlTED: No person shall perform any act or acts constituting a nuisance under sections 5-1-2 through 5-1-11 of this chapter nor shall any person create, keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in sections 5-1-2 through 5-1-11 of this chapter within the town. (Ord. 4(2009) § 1) 5-1-13: INVESTIGATION; ABATEMENT NaTICE: The town council or any person specifically authorized by the council shall investigate into every public nuisance within the town, and the town council shall have the power to deliver a requsst for abatement to any person in control of any public nuisance. Any request for abatement defivered by the town counci( shall be in writing and shall state the nature of the nuisance ar nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It is the duty af any person in control of any public nuisance within the town to abate the nuisance upon receiving a request for abatement fram the town councif within the time specified in the request. {Ord. 4(2009} § 1) 5-1-14; ABATEMENT PROCEDURE; 10 of 11 Sterling Codifiers, Inc. In additian to or in piace of proceeding under section 5-1-13 of this chapter against any person who is believed to have violated or to be violating any of the provisions of this chapter, the town councif may direct the town attorney to bring an action in the municipal court for the town to abate and restrain any nuisance set forth in sections 5-1-2 through -1-11 of this chapter within the town; provided, that any action ta abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under section 5-1-13 of this chapter for the violation of any of the provisions af this chapter where the violation occurred prior to the action to abate or restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate ar restrain the nuisance shall be admissible against suct� person in any proceeding under sec#ion 5-1-13 of this chapter instituted for any violation of the provisions of this chapter occurring subsequent to the hearing. (Ord. 4(20a9) § 1) 5-1-15: CIVIL REMEQY NOT PRECLUDED: No provision of this chapter shall be construed as prohibiiing any private person from bringing any action, seeking any remedy or taking any step with respect to any nuisance set forth in sections 5-1-2 through 5-1-11 of this chapter as that person may be authorized or permitted to bring, seek, or take under state law. {Ord. 4(2Q09) § 1) 5-1-16: VIOLATIQN; PENALTY: Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-4-1 of this code; provided, that each separate act in violation of the provisions of this chapter, or each and every day or poriion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. (Ord. 4(2009) § 1) Il of Il Sterling Codifiers, Inc. Chapter 12 ENVIRQNMENTAL IMPACT REP�RTS 12-12-1: PURPOSE: S:ubmission and review of an environmental impact report on any private development proposal or public project which may affect to any significant degree the quality of the environment in the town or in surrounding areas is required to achieve the fo(lowing objectives: A. Av�i[abili#y Of information: To ensure that complete infarmation on the environmental effects of the proposed praject is available to the town coaneil, the planning an� environmental commission, :and the general public. B. Enuiranmental Protection A Criterion: Ta ensure that long .term protection of ihe environment is a guiding criterion in project planning, and that land use and de�elopment decisions, bath public and private, take into account the relafive merits af passibfe alternative actions. C. Review And Evaluation Procedure: To provide procedures for locai review and evalu�tion of the environmental effects of proposed projects prior to gran�ing of permits or. other. attthoeizatians €or commencement of development, D. Avoid Geologic Hazard Areas: To ensure that buildings are not constructed in geologic hazard areas, by way of illustration, floadplains, avalanche paths, rockfali areas, where such hazard cannat practicaliy be mitigated to the satisfaction of the planning and environmental commissian and the town council. E. Protect Water Quality: To ensure that the quality af surface water and ground water within the town will be protected from adverse impacts and/or degradation due to construction activities. (Ord. 29(20Q5) § 31: Ord. 37(1980) § 10: Ord. 19(1976} § 14: Qrd. 8(1973) § 16.100} 12-12-2: APPLICABILtTY: EXHIBiT � �� 1 of 8 Sterling Codifiers, Iuc. An environmentaf impact report shall be submitted to the administrator for any project for which such a report is required by federal ar state law, or for any project which the administrator determines may significantly change the environment, either during construction or ort a confinaing basis, in one or more of the following respects: A. Alters an ecologica( unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural landform feature. B. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. C. Alters or removes native grasses, trees, shrubs, or other vegetative cover. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or sca(e that would be in marked contrast to natura! or existing urban features. E. Potentially results in avalanche, landslicle, siltation, settlement, flood, or other land form change or hazard ta health and safety. F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, ar emits smoke, gas, steam, dust, or other particuiate matter. G. lnvolves any process which results in odor that may be abjectionable or damagirtg. � H. Requires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. !. Discharges signi#icant volumes of solid or liquid wastes. J. Has the potential to strain the capacity ofi existing or pfanned sewage disposal, storm drainage, or other utiiity systems. 2of8 Sterling Coclifiers.Inc. K. Involves any process which generates noise that may be offensive ar damaging. L. Either displaces significant numbers of people ar results in a significant increase in population. M. Preempts a site with patential recreational or open space value. N. Alters local traffic pa#terns or causes a significan# increase in traffic volume or transit service needs. O. Is a part of a larger project which, at any future stage, may invoive any of the impacts listed in this section. (Ord. 29(20d5) § 31: Ord. 8(1973} § 16.200) 12-12-3: EXEMPT PROJECTS; An environmental impact report sha11 not be required for the following pr�jects: A. Alteration, repair and maintenance of existing structures and site improvements. B. A phase of a project for which an environmental impac# report previous{y was submitted and reviewed covering the eniire project, provfded that the project was approved and not subsequently altered. C. A praject which, on the basis of a preliminary environmenta( assessment covering each of the factors prescribed in section 12-12-2 of this chapter is found to have an insignificant impact on the environment. The preliminary environmentaf assessment and the finding on environmental impact shall be made by the administrator. {Ord. 29{2005) § 31: Ord. 8(1973) § i 6.30Q) �2 12-4: STUDIES AND DATA REQUIRED: 3 af� s Sterling Codifiers, Inc. A. Range Of Studies: The environmental impact report shall be based on systematic studies conducted by the town staff or by professional consultants, as determined by the adminisfrator. The environmental impact report an a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to deve(op the technical data for an environmental impact report includes the following natural systems and other studies: 1. Hydrologic conditions, such as surface drainage and watershed characteristics, ground water and soil permeability characteristics, natural water features and characteristics, and any potential changes or impacts. 2. Atmospheric conditions, such as airshed characteristics, potential emissions, and any potential changes or impacts. 3. Geologic conditions, such as landfarms, slope, soil characteristics, potential hazards, and any potential changes or impacts. 4. Biotic conditions, such as vegeta#ive characteristics, wifdfife habitats, ancf any potential changes or impacts. 5. Other environmental conditions, such as noise levels and odor characteristics, and any potential changes or impacts. 6. Visual conditions, such as views and scenic values, and any potential changes, impacts, or marked contrasts. 7. Land use conditions, such as characteristics of uses, compatibiiity with afficially approved land use and open space policies and objectives, and potential changes ar impacts. 8. Circulation and transportation conditions, such as volumes and traffic flow patterns, transit service needs, alternative transit systems, and potential changes or impacts. 9. Population charac#eristics, such as residential densities, neighborhaod pa#terns, potential displacement of residents or businesses, and potential changes or impacts. B. Summarization: The environmental impact report shall summarize the findings and recommendations of the technicai and other supparting studies in terms that can be assessed and evaluated by town of#icials and the general publ'sc. Technical data shall be submitted as supporting documentation. Technical data prepared as a part of any other procedure or requiremenf of this chap#er, or af any other ordinance or federal, state or town regulation, also may be used to support an environmenta! irnpact report. (Ord. 29(2005} § 31: Ord. 8(1973) § 16.401) 12-12-5: REPORT CONTENTS: 4of8 Sterling Codifiers, Inc. A. Information And Analysis: The environmental impact report shaf! cantain information and analysis, in sufficient detai( and adequately supported by technical studies, to enable the town council #o judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts. B. General Statement; Descriptive Maferials: The environmental impact report shall include a general siatement, describing the proposed project and its purpose, identifying the owner and/or sponsors, and, if a public project, identifying the funding source and time schedule. Descriptive materials, maps, and plans shall be submitted showing the following information: 1. Projeci boundaries and boundaries of the area within which environmental impact is likely to be significant. 2. Present and proposed uses of the site. 3. Present and proposed zoning of the site. 4. Quantitative informaiion relative to the project, such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet, and such o#her data as wil! contribute to a clear understanding of the scale of the project. 5. A list of regulatory or review agencies and the specific regulations to which #he project will be subject. 6. Copies of subdivision maps, deveiapment plans, or other pertinent documents illustrating the proposed project. 7. Proximity to water bodies, the distance from the cenierline of live creeks or streams to any proposed structurai develapment within the project: 8. Soi! types based upon the National Cooperative Soil Survey, USDA, Soil Conservation Service and interpretations of soil types, vegetation shall be described and three (3} masses shown. C. Environmental Inventory: The environmental impact report shali include an environmental inventory, providing complete information on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed project. The environmental inventory shall include maps, photographs, or other appropriate illustrative material. D. Categorized By Impact Type: Areas categorized according to type of possible impact shall 5of8 Sterling Codifiers, Inc. be identified. The environmentai inventory shail describe both the physicaf and biological natura( se#ting, and the rnanmade setting of the site and its surroundings. E. Analysis: The environmentai impact report shall include a comprehensive, qualitative and quantitative analysis of any significant impact that the propased project will have on the environment. The analysis shall describe temporary effects that will prevail during constructian, and ]ong term effects that wiil prevail after compietion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and secondary effects which will result from the project. The analysis partion of the environmenial impact report shall fully assess the foflowing items: 1. Adverse effects which cannot be avoided if the proposal is implemented. 2. Mitigation measures proposed to minimize the impact, including water quality, erosion control and revegetation measures. 3. Possible alternatives to the proposed action. 4. Relationships between short term and long term uses of the environment. 5. Irreversible environmental changes resulting from implementation of the proposal. 6. Growth inducing impacts of the proje�t. (Ord. 29(2005} § 31: Ord. 37{1980) § 10: Ord. 8(1973� § 16.402) 12-12-fi: REPORT; ADDITIONAL MATERIAL: The administrator may further prescribe the form and content of an environmental impact report, setting for#h in greater detail the factors to be considered and the manner in which the report sha[1 be prepared, and may require submission of information in addition ta that required by section 12-12-5 of this chapter. {Ord. 29(2005) § 31: Ord. 8(1973) § 16.403) 12-12-7: TIME SCHEL�ULE: The environmental impact repart required under this chapter shall be prepared within thirty {30) days of the date that plans are submitted for design review as prescribed in sections 12-12-4 through 12-12-6 of this chapter, subject ta extension of the time period to a maximum of ninery (90) days by the planning and environmental commission. The time period may be extended to a maximum of one hundred eighry (180} days if seasona! conditions prevent a comprehensive analysis. (Ord. 29{2�05) § 31: Ord. 16(1978) § 2(a): Ord. 8(1973} § 16.404) 6of8 Sterling Codifiers, Inc. 12-12-8: FEE: ln the event that the town engages professional consultants to prepare an environmental impact report, the cost shail be paid by the sponsor of the project. The sponsor may be required to deposit a fixed sum in advance to cover the cost of the report, with the unexpended balance returnable to the sponsor. (Ord. 29(2005) § 31: Qrd. 8(1973) § 16.405) 12-12-9: SUBMtSSI�N QF REP4RT TO OFFICIALS: The environmental impact report shall be submitted to the administrator. The administrator shali prescribe the number of copies to be submitted. The administrator shall notify the town council, the planning and environmental commission, and the design review board of receipt of an environmentai impact report, and shall transmit copies of the report upon request. Environmental impact reports shall be available for public review in the offices of the town. (Orcl. 29{2005} § 31: Ord. 8(i 973) § 16.501) 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION: A. Time Limit: The planning and environmental commission shall review the report within thirty (30) days of submission subject to an extension of the time period thirty (30) additional days in order to obtain additional information from the town staff, from the sponsor of the project, or the author of any portion of the report. B. Supplementary Data: The commission may receive additional statements or supporting materials from the sponsor of a project, frorn the town staff, from professional consultants, or from others. Such additional materiais may be considered as supplementary or amendatory to the environmental impact report. (Ord. 29(2005) § 31: Ord. 16(1978) § 2(b}; Ord. 8(1973) § 16.502) 12-12-11: ACTlON BY COMMISSI�N: A. Criteria For Decision: Following review of the environmental impact report, the planning and environmentai commission shall approve, disapprove, or request changes in the project in writing. The pfanning and environmental commission shal[ approve the project 7of8 Sterling Codifiers, Inc. unless it finds that either the project will have significant long term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed in section 12-12-4 of this chapter or the project will have short term adverse effects an #he environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project are feasible which ameliorate or avoid the adverse effects on the environment sufficiently to permit approval of the project, the planning and environmental commissi�n, in writing, shall describe those changes and request those changes be made. if the planning and environmentaf commission determines that the changes are not feasible, it shalf disapprove the project in writing, describing the adverse effec#s on the environment, the significance of the effects either to the natural systems or other factors studied as prescribed in section 12-12-4 of this chapter or to the public heaith, safety or weffare and the planning and enviranmental commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. B. Design Changes Require Resubmission To Design Review Board: lf the planning and environmental comrnission requests any changes in the project which would alter the design of the project previously approved by the design review board, and the sponsor of the project makes those changes, #he revised design shall be resubmitted to the des9gn review board for its approval unless the planning and environmental commission waives ihis requirement. (Ord. 29(2005) § 31: 4rd. 16(1978) § 2(b): Ord. 8(1973) § 16.503) 12-12-12: PERMIT ISSUANCE: A. Conformance To Environmental Impact Report: Upan approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requireme�ts, permits, or authorizations as may be required by this title and by other applicabfe ordinances or regulations of the town. No permits shall be issued and no authorizations shafl be granted which would allow a project to proceed in the event that the planning and enviranmental commission does not grant approval af the environmental irnpact report after review. No permits shalf be issued and no authorizations shafl be granted for any project which does not conform substantially to the description of the project contained in the environmental impact report. B. Exception: This section sha(f not apply to a project for which an envirflnmentaf impact report is not req��ired, as prescribed in section 12-12-3 of this chapter. {Ord. 29(2005) § 31: Ord. 16(1978) § 2(b): 4rd. 8(1973) § 16.504) 8of8 Sterling Codifiers, Inc. 12-4-2: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any o#her zone disirict unless expressly permitted as a permitted use, conditianal use or accessory use. B. Prohibited ff Not Permitted: The permitted uses, conditior�al uses and aecessory�uses in the particular districts shall be deemed to be exclusive uses far those districts, and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use is made in accordance with section 12-3-4 of #his titfe. {�rd. 29(2005) § 21: Ord. 50(1978) § 21) EXHIBIT � 8a� tof� Sterling Codifiers, Inc. 12-3-4: DETERMINATION OF SIMlLAR USE: A. Uses Not Listed: In order to ensure that the zoning regulations will permit similar uses in certain prescribed cammercial zones, the town council, on its initiative or upon written request, shall determine whether a use not specificaily listed as a permitted use shalf be deemed a permitted use on the basis of similarity to uses speci#ically listed. The procedure prescribed in this sect+an shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses, but shal( be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to certain classes of permitted uses to justify a finding that the use shouid be deemed a permitted use. B. Review Use Characteristics: The administrator, upan r?quest of the tawn council,. or written request o# any person for a determination under this section, shalf review the characteristics of any use propased to be determined as simifar to permitted uses, and shall transr�it a report to the council advising in what respects the proposed use v�ould be, in fact, similar to specified permitted uses in the same zone distci.et, or in uvhat respects the propased use wouid not be similar to permitted uses, orwouid be similar tQ uses specifically permitted only in other zone disiricts: After receipt of the report, the council may determine the proposed use ta be similar to uses specified as permitted uses in the same zone district if it finds that the proposed use will no# be substantially different in its aperation ar ather characteristics from uses specifically permitted in the same zone district. The council shall state the basis for i#s determination, and the use thereafter shall be deemec! a permitted use subject ta ?he same regulations as specificafly permitted uses in the sarne zone district. (Ord. 29(2005} § 19: Ord. 8(1973) § 21.200) EXHIBIT � 8b taft