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HomeMy WebLinkAbout1973- 8d ORDINANCE NO. 8 Series of 1973 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF VAIL, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; CREATING ZONING DISTRICTS; ESTABLISHING AND CREATING A ZONING MAP; ESTABLISHING PARKING REQUIREMENTS; ESTABLISHING A DESIGN REVIEW BOARD; CREATING REQUIREMENTS FOR ENVIRONMENTA L IMPACT REPORTS; PROVIDING FOR APPOINTMENT OF A ZONING ADMINISTRATOR; PROVIDING FOR VARIOUS i ADMINISTRATIVE, REVIEW AND APPEAL PROCEDURES; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7 Series of 1969), ORDINANCE NO. 8 (Series of 1970), ORDINANCE NO. 15 (Series of 1970), ORDINANCE NO. 3 Series of 1972); AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO. WHEREAS, the 2oard of Trustees for the Town of Vail on or about the twelfth day of May, 1969, enacted Ordinance No. 7 (Series of 1 -169) as a comprehensive zoning ordinance for the Town of Vail; and thereafter from time to time enacted amendments to said ordinance; and WHEREAS, the Town Council for the Town of Vail has determined that the zoning ordinance and amendments thereto for the Town of Vail should be revised to meet the changing conditions within the Town and to provide for the orderly growth and development of the Town; and WHEREAS, the Town Council has determined that it is in the interest of the public welfare to enact a new zoning ordinance to provide for the public health, welfare and safety of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF VAIL THAT: ARTICLE 1 GENERAL PROVISIONS Section 1.000 Short Title and Code Reference This ordinance may be cited as "the zoning ordinance" for the Town of Vail, and shall form and be incorporated as Title. XII, Chapter 1 of the Municipal Code of Vail, Colorado, otherwise referred to as "Town Code of Vail." 1 i y r Y INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED THIS day of June, 1973. TOWN OF VAI L ATTEST: jo Town Clerk INTRODUCED, PASSED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED this _ 7F day oFAugust, 1973. 4 ATTEST: Town Clerk rl t ORDINANCE NO. 8 Series of 1973 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF VAIL, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; CREATING ZONING DISTRICTS; ESTABLISHING AND CREATING A ZONING MAP; ESTABLISHING PARKING REQUIREMENTS; ESTABLISHING A DESIGN REVIEW BOARD; CREATING REQUIREMENTS FOR ENVIRONMENTAL y IMPACT REPORTS; PROVIDING FOR APPOINTMENT OF A ZONING ADMINISTRATOR; PROVIDING FOR VARIOUS f - ADMINISTRATIVE, REVIEW AND APPEAL PROCEDURES; r PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7 Series of 1969), ORDINANCE NO. 8 (Series of 1970), r ORDINANCE NO. 15 (Series of 1970), ORDINANCE NO. 3 Series of 1972); AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO. S WHEREAS, the Loard of Trustees for the Town of Vail on or about the twelfth day of May, 1969, enacted Ordinance No. 7 (Series of 1469) as a comprehensive zoning ordinance for the Town of Vail; and thereafter from time to time enacted amendments to said ordinance; and WHEREAS, the Town Council for the Town of Vail has determined that the zoning ordinance and amendments thereto for the Town of Vail should be revised to meet the changing conditions within the Town and to provide for the orderly growth and development of the Town; and WHEREAS, the Town Council has determined that it is in the interest of the public welfare to enact a new zoning ordinance to provide for the public health, welfare and safety of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF VAIL THAT: ARTICLE 1 GENERAL PROVISIONS Section 1 .000 Short Title and Code Reference This ordinance may be cited as "the zoning ordinance" for the Town of Vail, and shall form and be incorporated as Title XII, Chapter 1 of the Municipal Code of Vail, Colorado, otherwise referred to as "Town Code of Vail." C Article Title _ Cenral Provisions 2 Single Family Residential District 3 Residential District 4 Low Density Multiple- Family. District 5 Medium Density Multiple- Family District 6 High Density Multiple - Family District 7 Public Accommodations District Commercial Core 1 District 9 Commercial Core 2 District. 10 Commercial Service Center District 11 Heavy Services District 12 Agricultural and Open Space District Special Development i District M Off-Street Parking and Loading 15 Design Review'" 16 Environmental Impact Report 17 Supplemental Regulations 8 ) Conditional Use Permits 19 Variances Non - Conforming Uses 21 . Administration ARTICLE 1 GENERAL PROVISIONS Section 1.100 Declarntion of PLrooses These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the ToNvn of Vail, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. These regulations are intended to achieve the following more specific purposes; 1) To provide for adequate light, air, sanitation, drainage, and public facilities. - 2) To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3) To promote safe and efficient pedestrian and vehicular ` traffic circulation and to lessen congestion in the streets. 4) To promote adequate and appropriately located off - street parking and loading facilities. 1_1 C U C 5) To conserve and maintain established colmu pity qualities and econaric values. 6) To encourage a harmonious, convenient, workable relation- ship among land uses, consistent with municipal develop- ment; objectives. 7) To prevent excessive population dens.ties and overcrowding of the land with structures. 8) To safeguard and enhance the appearance of the Town of Vail. 9) To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10) To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living qualities. 11) To otherwise provide for the growth of an orderly and viable comunity. 2 Section 1.200 Establishment of Districts 1.201. Zoninz Districts Estalblished. The following districts are hereby established :. 1) SFR Single Family Residential District 2) R 'l '\vo Family Residential District 3) LDMF Low Density Multiple Family District 4) MDMF Medium Density Multiple Family District 5) HDMF High Density Multiple Family District 5) PA Public Accommodations District 7) CC1 Commercial Core 1 District 8) CC2 Commercial Core 2 District 9) CSC Commercial Service Center District 10) HS Heavy Services District 11) A Agricultural and Open Space District 12) SDI Special Development 1 District 1.202. Official Zoninn Map. The To %%m of Vail is hereby divided into districts as shown on the Official Zoning Map of the To%iii of Vail which, 1-3 together with all explanatory material thereon, is hereby adopted by reference and declared to b-- part of this ordinance. The Official Zoning flap shall be filed in the office of the Tovrn Clerk and shall be identified by the signature of the :Mayor, attested by the Town Clerk, and bear the seal of the Town under the following words: This is to certify that this is the Official Zoning flap referred to in Section 1.202 of the Zoning Ordinance, Tovm of Vail, Colorado ", together with the date of the adoption of this ordinance and the date of the most recent change in district boundaries shown thereon. 1.203. Changes in the Official Zoning Map. No change shall be made in the district boundaries or other matter shovm on the Official Zoning Map except by appropriate action of the Town Council in accord with Section 21.500 of this ordinance. Any such change adopted by the Town Council shall be entered on the Official Zoning Map promptly, together with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested by the Towl! Clerk. The date of the most recent change shall at all times be indicated on any copies of the Official Zoning Mlap subsequently reproduced. I -4 1.204. Replacement of the Official Zoninrl, N!ap. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret or reproduce because of the nature or number of changes and additions, the To`4m Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Nlap may correct drafting or other errors or omissions in the prior map and may add or revise street locations, lot designations, or other like designations, but no such correction or addi- tion shall have the effect of amending the Zoning Ordinance or revising the boundaries of districts shown on the prior Official Zoning Map. 1.205. Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shovm on the Official Zoning Map the following rules shall apply: 1) Boundaries indicated as approximately following the center- line of streets or roads shall be construed to follow such centerline. 2) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines. 1 - 3) Boundaries indicated as appro.xJmate Iy following the Town limits shall be construed as follokvinr, the To .,n limits. 4) Boundaries indicated as parallel to or extensions of center - lines. lot lines, To:.n limits, or similar geographic lines shall be so construed. 5) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map. 6) Where physical or cultural features existing on the ground are at variance with those shop =m on the Official Zoning Map or in circumstances not covered by subsections (1) through 5) above, the Town Council shall interpret the district boundaries. Section 1.300 Arolication of Re- nations The regulations prescribed by this ordinance applicable to various districts and uses shall be minimum regulations and shall apply uniformly to each class or kind of land, structure, or use. Except as hereinafter provided, the use of any Iand, the size or shape I or placement of lots, the construction or location of structures, the provision of yards and other open spaces, and the provision of off - street parking and loading space shall be in compliance with all of the regulations specified herein. Section 1, 400 Penalty Every person violating any provision of this ordinance, or of any per- mit granted hereunder, shall be punishable by a fine of not more than 300.00, or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this ordinance occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as herein provided. Section 1.500 Construction and Usage 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 1 -7 I hall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this ordinance the reference applies to all amendments and additions now or hereafter made. Section 1.600 Definitions When used in this ordinance the following words annd phrases shall have the specific meaning as here defined: Accommodation Unit: Any room or group of rooms without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without passing through another accommodation unit or dwelling unit. Building: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals, or propert }. Convention Facility: A building or portion thereof designed to accommodate 300 or more persons in assembly but not including a dining room or meeting room in a lodge if such dining room or meeting room is designed to accommodate Icss than 300 persons. 1-8 C Dwelling Unit: Any room or group of roars in a multi - .family building with kitchen facilities designed for or used as a dwelling by one family as an independent housekeeping unit Mch may include one attached a oammodation unit no larger than 1/3 the total floor area. Dwelling, Single Family: A detached bui_ldi g designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. Dwelling, Two Family: A detached building containing two dwelling units, designed for or used as a duelling exclusively by two families, each living as an independent housekeeping unit. Duelling, Multiple Family: A building containing three or more dwelling units, including townhouses, row houses, apartments, and condominium units, designed for or used by :'free or more families, each living as an independent housekeeping unit. Family: An individual, or two or more persons related by blood, marriage, or adoption, excluding daresti.c servants, living together in a dwelling unit used as a single housekeeping unit; of a group of not more than four unrelated perscns living together in a dwelling unit used as a single housekeeping unit. 1_9 a building, including habitable or useable penthouses, areas below ground which are habitable, and attic space, but not including uninhabitable or unuseable areas below ground or in attics, and not including areas designed for parking or loading within the building. Floor Area, Gross Residential: The total floor area within the enclosing walls of dwelling units or accoramdations units, including closets, service areas, and interior walls within the units, but excluding balconies, hallways, corridors, stairwells, garages, and. service areas outside the dwelling unit or accommodation unit enclosures, and uninhabitable heating or mechanical equipment areas. Grade, or Average Grade: The average of the finished ground level at the midpoint of each of the exterior malls of a structure, excluding walls 20 feet or less in length, provided that distance between the grade and the finished ground elevation at the lowest point adjoining the structure shall not exceed by mare than 25 per cent the height limit of the district in which the structure is located. Habitable: Any area designed for sleeping, living, cooking, dining, meeting, or recreation as applied to floor area. Height: The vertical. distance between the avera 4ge grade of a structure and the highest point of the structure, or to the coping of a flat roof, to the deck line of a M- is.ard roof, or to the highest ridge of a sloping roof. 1 -10 rev. Floor Area: The sum of the gross horizontal areas of all floors of a building, including habitable or useable penthouses, areas below ground which are habitable, and attic space, but not including uninhabitable or unuseable areas below ground or in attics, and not including areas designed for parking or loading within the building. Floor Area, Gross Residential: The total floor area within the enclosing walls of dwelling units or accoramdations units, including closets, service areas, and interior walls within the units, but excluding balconies, hallways, corridors, stairwells, garages, and. service areas outside the dwelling unit or accommodation unit enclosures, and uninhabitable heating or mechanical equipment areas. Grade, or Average Grade: The average of the finished ground level at the midpoint of each of the exterior malls of a structure, excluding walls 20 feet or less in length, provided that distance between the grade and the finished ground elevation at the lowest point adjoining the structure shall not exceed by mare than 25 per cent the height limit of the district in which the structure is located. Habitable: Any area designed for sleeping, living, cooking, dining, meeting, or recreation as applied to floor area. Height: The vertical. distance between the avera4 ge grade of a structure and the highest point of the structure, or to the coping of a flat roof, to the deck line of a M- is.ard roof, or to the highest ridge of a sloping roof. 1 -10 rev. Home Occupation: A use conducted entirely within a dwelling; which is incidental and secondary to the use of the d;.•clling for dwelling Purposes and which does not change the residential character thereof. Kitchen Facilities: Fixtures and equipment for food storage and preparation of meals, including a sink, stove, and refrigeration and food storage facilities. Landscaping: Planted areas and plant materials, including trees, shrubs, lavins, flower beds, and ground cover, together Nvith decorative elements such as walks, decks, patios, terraces, water features, and like features. not occupying more than 20 per cent of a landscaped area. For the purposes of this ordinance, natural or significant rock outcroppings, trees, or native vegetation shall be deemed landscaping. 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 to accommodation units exceeds the gross residential floor area devoted to dxclling units, and in which all such units are ofcrated under a single management prowidir;; th_ occupants thereof customary hotel services and facilities. 1 -11 S Lat or Site: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this ordinance and meeting the minimum requirements of this ordinance. 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 Line, Front: The boundary line of a lot or 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 Site Line, Side: The boundary* line of a lot or site extending from the front line towards the opposite or rearmost portion of the " site. Lot or Site Line, Rear: The boundary line of a lot or site extending between the side lines and forming the boundary of the lot or site opposite the front line. in event of a lot or site having only three lot or site lines, a line 10 feet 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 establishing setbacks. 1-22 Office, Business: An office for the conduct of general business and seivice activities, such as offices of real estate or insurance agents, J i brokers, secretarial or stenograpl;ic services, or offices for general business activities and transactions, v. bore storage, sale, or display of merchandise on the premises occupies less than 10 per cent of the floor area. Office, Professional: -An office for the practice of a profession, such as offices of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature, where storage, sale, or display of merchandise on the premises occupies less than 10 per cent of the floor area. Setback: The distance from a lot or site line 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 lot or site line and the corresponding setback line within the lot or site. 1 -13 Setback Line: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. Setback Line, Font: The setback line extending the full width of the site parallel to and measured frcrn the front lot or site line. Setback Line, Side: The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. Setback Line, Rear: The setback line extending the full width of the site parallel to and measured frcm the rear lot or site line. Site Coverage: The portion of a site covered by buildings, excluding roof or balcony overhangs, measured at the exterior walls or supporting members of the building at ground level. Structure: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other trans- mission or distribution facilities of public utilities, or mail boxes or light fixtures. At the discretion of the Design Review Board swinming pools and tennis courts may be exaMted from this definition. 1 -14 C I c._ Studio: A building or portion of a building used as a place of work by an artist, photographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment errployed 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. 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 or maintained. Useable Open Space: Outdoor space having an average slope of less than 5 per cent, and useable for outdoor living or recreational activities, including patios, terraces, gardens, lawns, swirmii.ng pools, mrater features, or recreation areas, and decks or balconies, but excluding driveways, parking areas, access t.,alks, utility and service areas,. and required front setback areas. At the discretion of the Design Review Board outdoor space having an average slope of up to 10 percent may be considered as useable open space. Useable Open Space, Ground Level: Useable open space provided at grade or on decks or similar structures not more than 10 feet above ground level and accessible from ground level. 1 -15 ARTICLE 2 SLNGLE RAMILY RESIDENTIAL DISTRICT Section 2.100 Nrposes The Single Fancily Residential District is intended to provide sites for loNv density single family residential uses, together with such public facilities as may appropriately be located in the. same district. The Single Family Residential District is intended to ensure adequate light, air, privacy, and open space for each dwelling commensurate with single family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Section 2. 200 Permitted Uses The following uses shall be permitted: 1) Single family residential dwellings. - Section 2.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Public utility and public service uses. 2) Public buildings, grounds, and facilities. 3) Public or private schools. 4) Public park and recreation facilities. 5) Ski lifts and tows. Section 2.400 Accessory Uses The following accessory uses shall be permitted: 1) Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single family residential uses. 2) .•Hoare occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 2 -2 rev. C C C. Section 2.500 Develop<rent Standards 2.501 Lot Area and Site Dimensions. The minimum lot or site area shall be 12,500 square feet, and each site shall have a min mLzn frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, SO feet on each side, within_ its boundaries. 2.502. Setbacks. The minimLun front setback shall be 20 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 20 feet, or 10 feet if one side setback is at least 20 feet; provided that 1 foot of additional side and rear setback shall be required for each 2 feet of building height over 15 feet. 2.503. Distances Betieen Buildings. The minimiun distance between a dwelling oft one site and a dwelling on an adjoining site shall be 20 feet; provided that 1 foot of additional separation bet-ween dwellings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 2.504. Height. Not applicable. 2.505. Density Control. Not more than 1 dwelling unit shall be permitted on each site, and not more than 25 square feet of gross residential floor area (GRFA) shall be permitted for each 103 square feet of site area. 2 -3 C C _ C 2.506. Building Bulk Control. Not applicable. 2.501. Site Coverage. Not more than 25 per cent of the total site area shall be covered by buildings. 2.508. Useable Open Space. A minimum of 500 square feet of useable open space, exclusive of required front setback areas, shall be provided at growid level for each divelling unit. The minir=ii dimension of any area qualifying as useable open space shall be 10 feet. 2.509. Landscaping and Site Development. At least 60 per cent of each site shall be landscaped. 2.510. Parking. Off- street parking shall be provided in accord with Article 14 of this ordinance. 2-4 C 1 C CT C C ARTICLE 3 TI,'VO FAMILY RESIDENTIAL DISTRICT Section 3. 100 Purposes The Two Family Residential District is intended to provide sites for low density single family or two family residential uses, together with such public facilities as may appropriately be located in the same district. The Two Family Residential District is intended to ensure adequate light, air, privacy, and open space for each dwelling commensurate with single family and two family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Section 3.200 Permitted Uses The following uses shall be permitted: 1) Single family residential dwellings. 2) Two family residential dwellings. Section 3.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 3 -1 rev. 1) Public utility and public service uses. 2) Public buildings, grounds, and facilities. 3) . Public or private schools. 4) Public park and recreation facilities. 5) Ski lifts and tows. Section-3. '100 Accessory uses The following accessory uses shall be permitted: 1) Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single family and two family residential uses. 2) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 3.500 Development Standards 3.501_, Lot Area and Site DI— menSlo ^S The minimum lot or site area shall 3 -2 rev. W be 7.5,000 square feet, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 3.502. Setbacks. The minimum front setback shall be 20 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 20 feet, or 10 feet if one side setback is at least 20 feet; provided that 1 foot of additional side and rear setback shall be required for each 2 feet of building height over 15 feet. 3. 503. Distances Between Buildings. The minimum distance between a dwelling on a site and a dwelling on an adjoining site shall be 20 feet; provided that 1 foot of additional separation between dwellings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 3.504. Height. Not applicable. 3.505. Density Control. Not more than 2 dwelling units in a single structure shall be permitted on each site, and not more than 25 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. 3.506. Building Bulk Control. Not applicable. 3-3 rev. 3.503. Useable Open Space. A minimum of 500 square feet of useable open space exclusive of required front setback areas shall be provided at ground level for a single family &,yelling. A minimum of 350 square feet of useable open space exclusive of required front setback areas shall be provided at ground level for each dwelling unit of a two farnily dwelling. The minirrzn dimension of any area qualifying as useable open space shall be 10 feet. 3.509. Landscaping and Site Development. At least 60 per cent of each site shall be landscaped. 3.510. Parking. Off- street parking shall be provided in accord with Article 14 of this ordinance. 3-4 rev. 3.507. Site Coverage. Not more than 25 per cent of the total site area shall be covered by buildings. 3.503. Useable Open Space. A minimum of 500 square feet of useable open space exclusive of required front setback areas shall be provided at ground level for a single family &,yelling. A minimum of 350 square feet of useable open space exclusive of required front setback areas shall be provided at ground level for each dwelling unit of a two farnily dwelling. The minirrzn dimension of any area qualifying as useable open space shall be 10 feet. 3.509. Landscaping and Site Development. At least 60 per cent of each site shall be landscaped. 3.510. Parking. Off- street parking shall be provided in accord with Article 14 of this ordinance. 3-4 rev. c r 4 ARTICLE 4 LOW DENSTI1r \1ULTIPLE FANfILY DISTRICT Section 4.100 Purposes - The Lose Density Ni lultiple Family District is intended to provide sites for single family, two family, and multiple family dwellings at a density not exceeding 12 dwelling units per acre, together with such public facilities as may appropriately be located in the same district. The Low Density Multiple Family District is intended to ensure adequate light, air, privacy, and open space for each dwelling commensurate with low density occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. Section 4.200 Permitted Uses The following uses shall be permitted: r. 1) Single family residential dwellings. 2) Two family residential dwellings. 3) Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. 4 -1 Section 4.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 16 of this ordinance: 1) Public utility and public service uses. 2) Public buildings, grounds, and facilities. 3) Public or private schools. 4) Public park and recreation facilities. 5) Ski lifts and tows. Section 4.400 Accessory Uses The following accessory uses shall be permitted: 1) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single family, two family, or low density multiple family residential uses. 2) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 4 -2 rev. 3) Other uses customarily incidental an accessory to permitted or conditional uses, and necessary, for the operation thereof. Section 4.500 D. velon^-ent Sranaards 4.501. Lot Area and Site Dimensions. The minimum lot or site area shall be 10, 000 square feet, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 4.502. Setbacks. The minimum front setback shall be 20 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet; provided that 1 foot of additional side and rear setback shall be required for each 2 feet of building height over 15 feet. 4.503. Distances BeC,,4en Buildinrys. The minimum distance bevveen dwellings on the same site shall be 15 feet, and the minimum distance between a dwelling on a site and a dwelling on an adjoining site shall be 20 feet; provided that 1 foot of additional separation between dwellings shall be required for each 2 feet of building height over 15 feet,., calculated on the basis of the average height of the tv. o buildings. 4 -3 4.504. Height. The maximum height of buildings shall be 35 feet. 4.505. Densitv Control. Not more than I dwelling unit shall be per- mitted for each 3,500 square feet of site area, and not more than 30 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. 4.506. BuildinE Bulk Control. The maximum length of any wall or building face shall be 125 feet, and building walls shall be off set to a depth of at least 10 feet 'at least once for each 50 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 160 feet. 4.507. Site Coverage. Not more than 35 per cent of the total site area shall be covered by buildings. 4.508. Useable Open Space. A minimum of 250 square feet of useable open space exclusive of required front setback areas shall be provided at ground level for each dwelling unit. Useable open space may be common space accessible to more than one dwelling unit, or may be private space accessible to separate dwelling units, or a combination thereof. At least 4 -4 rev. C i f c r c 50 per cent of the required ground level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be 10 feet. 4.509. Landscaping and Site Development. At least 40 per cent of each site shall be landscaped. 4.510. Parking. Off- street parking shall be provided in accord with Article 14 of this ordinance. No parking shall be located in any required front setback area, except as may be specifically authorized in accord with Article 19 of this ordinance. 4 -5 rev. ARTICLE 5 \3F.DIL1\i Di \SI "I"Y s.IULTIPLE FAMILY DISTRICT Section 5.100 Purnoses The Medium Density I-Multiple Family District is intended to provide sites for multiple family dwellings at densities ranging generally from 15 to 30 dwelling units per acre, .together with such public facilities and limited professional offices and medical facilities as may appropriately be located in the same district. The Medium Density Multiple Family District is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple family occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. Certain non-residential uses are peznnitted as conditional uses, and where permitted are intended to blend harmoniously with the residential character of the district. Section 5.200 Permitted Uses Y The following uses shall be permitted: 1) Single family residential dwellings. 2) Two family residential dwellings. 5 -1 3) Multiple family residential dwellings, including. attached or row dwellings and condominium dwellings. Section 5.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Professional offices. 2) Hospitals, medical and dental clinics, and medical centers. 3) Public utility and public service uses. 4) Public buildings, grounds, and facilities. 5) Public or private schools. 6) Public park and recreation facilities. 7) Ski lifts and' tows . Section 5.400 Accesso Use The following accessory uses shall be permitted: 1) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential uses. 5 -2 rev. 2) Home occupations, subject to issuance of a home occupation parmit in accord with the provisions of Section 17.300 of this. ordinance. 3) Other uses customarily incidential and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 5.500 De veloom nt Standards 5.501. Lot Area and Site Dimcnsions. The minimum lot or site area shall be 10, 000 square feet, and each site shall have a minimum frontage df 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 5.502. Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet; provided that 1 foot of additional front, side, and rear setback shall be required for each 2 feet of building height over 15 feet. 5.503. Distances Bet%vccn BuiidinRs. The minimum distance between buildings on the same site shall be 15 feet, and the minimum distance between a building on a site and a building on an adjoining site shall be 20 feet; provided that I toot of additional separation between buildings 5 -3 shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 5.504. Height. The maximum height of buildings shall be 35 feet. 5.505. Densitv Control. Not more than 35 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. 5.506. Building Bulk Control. The maximum length of any wall or building face shall be 125 feet, and building walls shall be off set to a depth of at least 10 feet at least once for each50 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 160 feet. 5.507. Site Coverage. Not more than 45 per cent of the total site area shall be covered by buildings. 5.508. Useable Open Space. A minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 150 square feet of useable open space per dwelling unit. Useable open space may be common space accessible to more than one dwelling unit, or may be private space accessible to separate dwelling units, or a combination thereof. 5 -4 rev. c c r c r At least one -half the required useable open space shall be provided at ground level, exclusive of required front setback areas. At least 75 per cent of the required ground level useable open space shall be carmen space. The minimum dimension of any area qualifying as ground level useable open space shall be 10 feet. Not more than one- -?ialf of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non - ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. 5.509. Landscaping and Site Development. At least 30 per cent of the total site area shall be landscaped. 5.510. Parking. Off- street parking shall be provided in accord with Article 14 of this ordinance. At least one -half the required parking shall be located within the main building or buildings, or within accessory garages. No parking shall be located in any required front setback area. 5 -5 ARTICLE 6 HIGH DENSITY MULTIPLE FAMILY DISTRICT Section 6. 100 Purposes The High Density Multiple Family District is intended to provide sites for multiple family dwellings at densities ranging from 25 to 50 dwelling units per acre, together with'such public and semi - public facilities, limited professional offices and medical facilities,' and lodges, private recreation facilities, and related visitor- oriented uses as may appropriately be located in the same district. The High Density Multiple Family District is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium, and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain non - residential uses are permitted as conditional uses which relate to the nature of Vail as a winter and summer recreation and vacation community, where per- mitted are intended to blend harmoniously with the residential character of the district. Section 6.200 Permitted Uses The following uses shall be permitted: 1) Multiple family residential dwellings, including attached or row d` cllings and condominium dwellings. 6 -1 C- 2) Lodges, including accessory eating, drinking, recreational, or retail establishments located within the principal use and not occupying more than 10 per cent of the total gross floor area of the main structure or structures on the site. Additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Section 6.300 Conditional Uses. The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Professional offices. 2) Hospitals, medical and dental clinics, and medical centers. 3) Private clubs and civic. cultural. and fraternal organizations. 4) Ski lifts and tows. 5) Public or commercial parking facilities or structures. 6) Public transportation terminals. 7) Public utility and public service uses. 8) Public buildings, grounds, and facilities. 9) Public or private schools. 10) Public park and recreation facilities. 11) Churches. M. Ef Section 6.400 A•ccessory Uses The following accessory uses shall be permitted: 1) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential and lodge uses. 2) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 3) Other uses customarily incidential and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 6.500 Development Standards 6.501. Lot Area and Site Dimensions. The minimum lot or site area shall be 10, 000 square feet, and each site shall have a minimum frontage of 30 feet. Bach site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 6.502. Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet; provided that 1 foot of additional front, side, and rear 6 -3 setback shall be required for each 2 feet of building height over 15 feet. 6.503. Distances Between Buildings. The minimum distance between buildings on the same site shall be 15 feet, and the minimum distance between a building on a site and a building on an adjoining site shall be 20, feet; provided that i foot of additional separation between buildings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 6.504. Height. The maximum height of buildings shall be 45 feet. 6.505. Density Control. Not more than 60 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. 6.506. Building Bulk Control. The maximum length of any wall or building face shall be 175 feet, and building wails shall be off set to a depth of at least 10 feet at least once for each 70 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 225 feet. 6.507. Site Coveraze. Not more than 55 per cent of the total site area shall be covered by buildings. 6 -4 rev. 6. 508. Useable Open Space Useable open space for multiple family dwellings and lodges shall be required as follows: 1) For dwelling units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 150 square feet of useable .open space per dwelling unit. Z) For accommodation units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 100 square feet of useable open space per accommodation unit. Useable open space may be common space accessible to more than one dwelling or accommodation unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. At least one -half the required useable open space shall be provided at " ground level,- exclusive of required front setback areas. At least 75 per cent of the required ground level useable open space shall be common space.' The minimum dimension of any area qualifying as ground level useable open space shall be 10 feet. 11 6 -5 C C C. C C Not more than one -half of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non - ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. 6.509. LandscapinZ and Site Development. At least 30 per cent of the total site area shall be landscaped. 6.510. Parking and Loading. Off - street parldng and loading shall be provided in accord with Article 14 of this ordinance. At.least 75 per cent of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. 8 6 -6 rr floor area, but nor less t i z 100 sc;uare fc t of usc: b?e crcn space par a..GO:.i: :loati_tio;i unit. . Useable; opzn. spa- ce ra Le corn—on space accessi 'so to more than on- t, or zcco::..:oc _tion [ t, or lie Nrivaw- space accessil e to sera:__ to dwelling or accom- n- iodation units, or a combination thereof. At least one -half the required useable open space shall h-c provided at ground !cvlll, XC1U51Ye of required irontsetbaCti areas. :fit least 75 per cent of the -mcl lined gr0T-- l level useable opon space shall be corznion'space. The minimum dimcnsion eL an, area:qualifying as ground level useable open space shall be 10 feet. trot more than cnc -haL o_` t ,e useable op '-n space requirement ilay be satisfied by halconies or roof Cecls. Tire miniriuni dimension of any area qualifying as non - ground level useable oYcii space shall be 5 feet, and any such area riust contain at least 50 square feet. 10.609. . -d Site At Ieast 10 per cent of ` the total site area shall be landsc: cd. 10.610. c '_'..:'- C`f_- s.._ parl:ir. and loading sl.iil be providou in rccor;: 1: Of t`..`5 orui. a,ncc. At least 10 -9 ARTICLE 7 PUBLIC ACCOMMODATION DISTRICT Section 7. 100 Purposes The Public Accommodation District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, and medical facilities, and private recreation, and related visitor - oriented uses as may appropriately be located in the same district. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional non - residential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted are intended to function compatibly with the high density lodging character of the district. Section 7.200 Permitted Uses The following uses shall be permitted: 1) Lodges, including accessory eating. drinking, recreational, or retail establishments located within the principal use and not occupying more 7 -1 C - C - C . C C.- - than 20 per cent of the total gross floor area of the main structure or structures on the site. Additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Section 7.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) 2) 3 ) 4 ) 5) b) 7) 8) 9) 10) 11) 12) Professional and business offices. Hospitals, medical and dental clinics, and medical centers. Private clubs and civic, cultural, and fraternal organizations. Ski lifts and tows. Theaters, meeting rooms, and convention facilities. Public or commercial parking facilities or structures. Public transportation terminals.. Public utility and public service uses. Public buildings, grounds, and facilities. , Public or private schools. Public park and recreation facilities. Churches. 7 -2 Section 7.400 Accessory Uses The following accessory uses shall be permitted: 1) Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. 2) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 7.500 Development Standards 7.501. Lot Area and Site Dimensions. The minimum lot or site area shall be 10, 000 square feet, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing L a square area, 80 feet on each side, within its boundaries. 7.502. Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet', provided that 1 foot of additional front, side, and rear 7 -3 setback shall be required for each 3 feet of building height over 15 feet, . 7.503. Distances Bemeen Buildings. The minimum distance between buildings on the same site shall be 15 feet, and the minimum distance between a building on a site and a building on an adjoining site shall be 20 feet; provided that 1 foot of additional separation between buildings shall be required for each 3 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 7.504. Heieht. The maximum height of buildings shall be 45 feet. 7.505. Densitv Control. Not more than 80 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. 7.506. Buildinz Bull: Control. The maximum length of any wall or building face shall be 175feet, and building walls shall be off set to a depth of at least 10 feet at least once for each 70 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 225 feet. 7 -4 4,C V 7.507, Site Cover7ge. Not more than.55 per cent of the total site area shall be covered by buildings. . 7.508. Useable Open Space. Useable open space for multiple family dwellings and lodges shall be required as follows: 1) For dwelling units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 150 square feet of useable open space per dwelling unit. 2) For accommodation units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 100 square feet of useable open space per accommodation unit. Useable open space may be common space accessible to more than one dwelling or accommodation unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. At least one-half the required useable open space shall be provided at ground level, exclusive of required front sctback areas. At least 75 per cent of the required ground level useable open space shall be common space. 7 -5 C The minimum dimension of any area qualifying as ground level useable open space shall be 10 feet. Not more than one -half of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non - ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. 7.509. Landscaping and Site Development. At least 30 per cent of the total site area shall be landscaped. 7.510. Parking and Loading. Off- street parking and loading shall be provided in accord with Article 14 of this ordinance. At least 75 per cent of the required parking shall be located within the main building or buildings. No parking or loading area small be located in any required front setback area. 7 -6 ARTICLE 8 CONINIERCLAL CORE tDISTRICT Section 8. 100 Purposes The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominately pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangement of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scjle and architectural qualities that distinguish the Village. Section 8.200 Permitted Uses The following uses shall be permitted: 1) Professional offices, business offices, and studios. 2) Banks and financial institutions. 3) Retail stores and establishments not occupying more than 8, 000 square feet of floor area, including the following: Apparel stores Art supply stores and galleries 8-1 Bakeries and confectioneries, including preparation of products for sale on the premises Book stores Camera stores and photographic studios Candy stores Chinaware and glassware stores Delicatessens and specialty food stores Drug stores and pharmacies Florists Gift stores Hobby stores Household appliance stores jewelry stores Leather goods stores Liquor stores Luggage stores Music and record stores Newsstands and Tobacco stores Photographic studios Radio and television stores and repair shops 8 -Z C c r_ y c Ic be 15,000 square feet, and each site shall have a minimum frontage of 30 feet. Rich site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 3.502. Setbacks. The minimum front setback shall be 20 feet, the mini..num side setback shall be 10 feet, and the minimum rear setback shall be 20 feet, or 10 feet if one side setback is at least 20 feet; provided that 1 foot of additional side and rear setback shall be required for each 2 feet of building height over 15 feet. 3. 503. Distances Between Buildin The minimum distance between a ftelling on a site and a dwelling on an adjoining site shall be 20 feet; provided that 1 foot of additional separation between dwellings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 3.504. Height. Not applicable. 3.505. Density Control. Not more than 2 dwelling units in a single structure shay be permitted on each site, and not more than 25 square feet of gross re4idential floor area (GRFA) shall be permitted for each 100 squ.re feet of site area. 3.506. Building Bulk Control. Not applicable. 3 -3 rev. Sporting goods stores Stationery stores Toy stores Variety stores Yardage and dry goods stores 4) Personal services and repair shops, including the following: Barber shops Beauty shops Business and office services Cleaning and laundry pickup agencies without bulk cleaning or dyeing Small appliance repair shops, excluding "furniture repair Tailors and dressmakers Travel and ticket agencies 5) Eating and drinking establishments, including the following: Bakeries and delicatessens with food service Cocktail lounges, taverns, and bars Coffee shops 8-3 rev. Fountains and sandwich shops Restaurants b) Additional offices, businesses, or services determined to be similar to permitted uses in accord with the provisidns of Section 21.200 of this ordinance. 7) Multiple family residential dwellings. 8) Lodges. Section 8.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Perrnit in accord ti.,ith the provisions of Article 18 of this ordinance: 1) Ski lifts and to,,vs. 2) Public utility and public service uses. 3) Public buildings, grounds, and facilities. 4) Public park and recreation facilities. 5) Theaters, meeting rooms, and convention facilities. Section 8.400 Accessory Uses The following accessory uses shall be permitted: 1) Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted residential or lodge uses. 2) Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. 3) Home occupations, subject to issuance of a home occupation permit in accord .vith the provisions of Section 17.300 of this ordinance. I -M 4) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 8.500 Development Standards 8.501. Lot area and Site Dimensions. The minimum lot or site area shall be 5, 000 square feet, and each site shall have a minimum frontage of 30 feet. 8.502. Setbacks. There shall be no required setbacks, except as may be established pursuant to a development plan adopted by the Town Council, as may be required through the design review procedure prescribed by Article 15 of this ordinance, as may be required as a condition of a Conditional Use Permit, or as may be required by the Building Code or other applicable laws. 8.503. Distances 0etti =:een Buildings. There shall be no required distances between buildings, either on the same site or on two adjoining sites, except as may be established pursuant to a development plan adopted by the Town Council, as may be required through the design review 8 -b i procedure prescribed by Article 15 of this ordinance, as may be required as a condition of a Conditional Use Permit, or as may be required by the Building Code or other applicable laws. 8.504. Height. The maximum height of buildings shall be 35 feet. 8.505. Density Control. Not more than 80 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. L 8.506. Building Bulk Control. The maximum length of any wall or building face shall be 125 feet, and building walls shall be off set to a depth of a least 10 feet at least once for each 50 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 160 feet. 8.507. Site Coverage. Not more than 90 percent of the total site area shall be covered by buildings. 8.508. Useable Open Space. Useable open space for multiple family dwellings and lodges shall be required as follows: 1) For dwelling units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross 8 -7 rev. t residential floor area, but not less than 150 square feet of useable open space per dwelling unit. ' 2). For accommodation units, a minimum of 1 square foot of useable opea space shall be provided for each 4 feet of gross residential floor area, but not less than 100 square feet of useable open space per accommodation unit. Useable open space may be common space accessible to more than one dwelling or accommodation unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. At least one -half the required useable open space shall be provided at ground level, exclusive of required front setback areas. At least 75 per cent of the required ground level useable open space shall he common space. The minimum dimension of any area qualifying as ground level useable open space shall be 10 feet. Not more than one-half of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non - ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. 8 -8 f 8. 509. Landscaping and Site Develooment. At least 10 per cent of the total site area shall be landscaped. 8.510. Parking and-LoadinE. Off - street parking and loading shall be provided in accord with Article 14 of this ordinance. At least one -half of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. v 8.511. Location of Business Activitv. All offices, businesses, and services permitted by Section 8.200 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and, subject to approval by the Zoning Administrator, vending stands, kiosks, and accessory outdoor dining terraces occupying an area not greater than 20 per cent of the building coverage. 8 -9 rev. IC WfICIE 9 CQtiri,MCIAL CURE 2 DISTRICT Section 9.100 Pi!sposes The CaTmrcial Core 2 District is intended to provide sites for a mixture of multiple dwellings, lodges, and commercial establishments in a clustered, unified development. The Comnercial Core 2 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses, and to maintain the desirable qualities of the district by establishing appropriate site development standards. Section 9.200 Requirements for Establishment of District Prior to the establishment of any Cazmercial Core 2 District or enlargerncnt of any existing Co:r.r2rcial Core 2 District by change of district boundaries, the Town Council shall be resolution adopt a general development plan for the proposed district. The general development plan may be prepared by an applicant for the establishment of such district or may be prepared by the Town. The development plan shall be submitted to the Planning Commission for review, and the Planning Commission shall submit its findings and recorrmendations on the plan to the Tovm Council. 9 -1 rev. The development plan shall show the following i.nfoii-na.ticn : 1) a-isting topography and tree cover. 2) Proposed division of the area into lots or building sites, acid the proposed uses to be established on each site. 3) Proposed locations, d,:"mensions, and heights of buildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4) Relationship of proposed develoWnent on the site to development on adjoining sites. 5) Such additional information as the Planning Commission and Town Council deem necessary to guide develo -xnent within the proposed district. The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the district. All. plans subsequently approved by the Design Reviery Board in accord with Article 15 of this ordinance shall substantially confo-rm with the development plan adopted by the Tol,n Council. 9 -2 Section 9. 300 Permitted Uses Permitted uses shall be the same as those permitted in the Commercial Core 1 District as prescribed by Section 5.200 of t hus ordinance. Retail stores and establishments shall not occupy more than 8,000 square feet of floor area. t. Section 9.400 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Ski lifts and tows. 2) Public utility and public service uses. 3) Public buildings, grounds, and facilities. 4) Public park and recreation facilities. 5) 'Theaters, meeting rooms, and convention facilities. 6) Coin operated laundries. Section 9.500 Accessoa Uses The following accessory uses shall be permitted: 1) Stvitnning pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted residential or lodge uses. 2) Outdcsbr dining areas operated in conjunction with permitted eating and drinking establishments. 3) Herne occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 9-4 4) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 9.600 Develoti.rient Standards 9,601. Lot Area and Site Dimensions. The minimum lot or site area shall be 10, 000 square feet, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 9.602. Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet; provided that 1 foot of additional front, side, and rear setback shall be required for each 3 feet of building height over 15 feet. 9.603. Distances 13et%t,een OuildinRs. The minimum distance between buildings on the same site shall be 15 feet, and the minimum distance between a building on a site and a building on an adjoining site shall be 20 feet; provided that 1 foot of additional separation between buildings shall be required for each 3 feet of building height over 15 feet, calculated on the basis of the average height of the tw, o buildings. 9 -5 9.604. Height. The maximum height of buildings shall be 45 feet 9.605. Density Control. Not more than 80 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of site area. 9.606. Building Bulk Control. The maximum length of any wall or building face shall be 175 feet, and building walls shall be off set to a depth of at least 10 feet at least once for each70 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall shall be 225 feet. 9.607. Site Covereage. Not more than 70 per cent of the total site area shall be covered by buildings. 9.608. Useable Open Space. Useable open space for multiple family dwellings and lodges shall be required as follows: 1) For dwelling units, a minimum of I square foot of useable open space shall be provided for each four feet of gross residential floor area, but not less than 150 square feet of useable open space per dwelling unit. 9 -6 rev. a 2) For accommodation units, .a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 100 square feet of useable open space per accommodation unit. Useable open space may be common space accessible to more than one dwelling or accommodation unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. At least one -half the required useable open space shall be provided at ground level, exclusive of required front setback areas. At least 75 per cent of the required ground level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be 10 feet. Not more than one -half of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non - ground level useable open space shall be 5 feet, and any such area must contain at least 50 square feet. 9. 609. Landscaping and Site Development. At least 20 per cent of the total site area shall be landscaped. 9 -7 rev. 9.610. Parking and Loading. Off - street parking and loading shall be provided in accord with Article 14 of this ordinance. At least one -half the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. 9.511. Location of Business Activitv. All offices, businesses, and services permitted by Section 9.200 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and, subject to approval by the Zoning Administrator, vending stands, kiosks, and accessory outdoor dining terraces occupying an area not greater than 20 per cent of the building coverage. 9 -8 rev. ARTICLE 10 COM IERCL L DLSTRICT Section 10.100 Puir-loscs The Commercial Scrvice Center District is intended to provide sites for general shopping and commercial facilities serving the To-In, together with limited multiple family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the 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. Section 10.200 Recuirc:r.ents :or Estabiist.ment, of District Prior to the establishment of any Commercial Service Center District or enlargement of any existing Commercial Service Center District by change of district boundaries, the Town Council shall by resolution adopt a general development plan for the proposed district. The development plan may be prepared by an applicant for the establishment of such district or may be prepared by t,.e Town. The dcvelopment plan shall be 10 -1 submitted. to the Planning Commission-for review, and the Planning Commission shall submit its findln-s ar -I recommendations on the plan to the Tmm Council. The development plan shall show the folliy:ring information: 1) Existing tojography and tree cover. 2) Proposed division of the area into lots or building sites, and the proposed uses to be established on each site. 3) Proposed locations, dirnensions, and heights of buildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4) Relationship of prcposed development on the site to development on adjoining sites. 5) Such additional info; nation as the Planning Commission and Town Council deem necessary to guide development within the proposed district. The development plan shall be used as a guide for the subsequent developr~.cnt of sites and t e dcsin ,:anal location of buildings and grounds within the district. All plans suvsecuently approved by the Design Review Board in accord :,ith article 15 of this ordinance shall substantially conform with the dcvelopment plan ado- ccd by the Town Council. 1s -2 1a -3 Section 10.303 Permitted Uses The fo11c',.'in; Uses si:3ii be p4 :z!tL ui 1) Professional offices, bu- -iness offices, and studios. 2) Banks and ii :,ancial institutiors. 3) Retail stores and eszablisrmer_ts N =jitijout limit as to floor area including the folio .-i^g: Apparel stores Art supply stores and galleries Bakeries and confectioneries, including preparation of products for sale on the premises Boot: stores Building materials stores without outdoor storage Camera stores a :.d ph = graphic studios Candy stores Chinaware and glassware stores Delicatessens and spcoialty food stores Depart -inert and cneral merchandise stores Drug stores and har1?lacies Florists 1a -3 Food stores Furniture stores Gift stores Hard-.:: are stores Hobby stores Household appl.arce stores Jewelry stores Leather goods stores Liquor stores Luggage stores Music and record stores Newsstands and tobacco stores Pet shops Photographic studios Radio and television stores and repair shops Radio and television broadcasting studios Sporting goods storesCP Stationenr stores ' Supertnari: -ts Toy stores Variezy :toms Yarda-c arc: d, ; ` oc.s stores 10 -4 1 4) Personal services and repair shops, including the follow n l: Barbcr stops Beauty si:o; s Business and oiliz -e services: Cleaning and laundr;; pickup agencies - %vithout bulk cleaning or dveing Coin operated or sell sez-vice laundries Small appliance repair strops, excluding furniture repair Tailors and dressmakers Travel and ticket agencies 5) Eating and drinking estahlis;:irents, including the followind: Bakeries ai-d d-.Hcatessens with food service Cocktail loup es, taverns, and b, rs Coffee shops Fountains and sandwich stops Restaurants b) Additional ot:ices, businesses, or services determined to be Similar to -crinitted uses in accord r:ith ti:e pxovisio;,s o: Section 21.''JJ oL th"S oT-dira::ce. 10 -5 C C (- C iI Section 10.400 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Ski lifts and tows 2) Multiple family dwellings and lodges. 3) Public utility and public service uses. 4) Public buildings, grounds, and facilities. 5) Public park and recreation facilities. 6) Theaters, meeting rooms, and convention facilities. 7) Commercial laundry and cleaning services. 8) Any use permitted by Section 10.300 which is not conducted entirely within a building. Section 10.500 Accessory Uses The following accessory uses shall be permitted: 1) Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. 2) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 10 -6 rev. Section ID.600 rove.i - -i -merit 10.601. Lo, A a a -', Site- 'DI nsinns. The minimum lot or site arca shall be 20, COO square feet, a; d each site s.'Lai1 have a minimum fronta e of 100 feet. 10.6Q2. SetbacKs. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet; provided that 1 foot of additional front, side, or rear setback shall be provided for each 3 feet of building height over 15 feet. 10.603. Distances TI:-*Lv:een Puildirns . The minimum distance between buildings on tt:e same site shall be 15 feet, and the minimum distance between a building on a site and a building on an adjoining site shall be 2Q feet; provided that 1 foot of additional separation bet- . %,een buildin -s shall be required for each 3 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings. 10. 604 . l.ci ^ht. The maximum height of buildings shall be 35 feet. 10.60. C.ers=", t'0:.,:c \ot more t',.,-.n 40 square feet of gross residential floor arca (t;IRFA) shall be ;.r,aittcd for eInch 100 square 10 -7 feet of site area, and gross residential floor area shall not exceed 50 per cent of total building floor area on any site. 10.606. Building Bulk Control . The maximum length of any wall or building face shall be 175 feet, and building walls shall be off set to a depth of at least 10 feet at least once for each 70 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 225 feet. 10.607. Site Coverage. Not more than 75 per cent of the total site area shall be covered by buildings. 10.608. Useable Open Space. Useable open space for multiple family dwellings and lodges shall be required as follows: 1) For dwelling units, a minimum of 1 square foot of useable open space shall be provided for each four feet of gross residential floor area, but not less than 150 square feet of useable open space per dwelling unit. 2) For accommodation units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential 10 -8 rev. oue -half the required parluna fox muhi le resid'nce or Nip uses, where ponrnitted, shall b orated ti'litilill the main building or b--li :.iii'.g's housing SIIch use. No parldrg or loading area shall ha located in any required Front sc.hac:: area. ARTICLE 11 HEAVY SERVICE' DISTRICT Section 11. 100 Rirooses The Heavy Service District is intended to provide sites for automotive - oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance, and potential for generating automotive and truck traffic, all uses in the Heavy Service District are sub- ject to the conditional use permit procedure. In granting a Conditional Use Permit, the Planning Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the district in order to protect adjoining uses from adverse influences. Section 11.200 Permitted Uses Not applicable. Section 11.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article IS of this ordinance: 1I-1 1) Ski lifts and tows 2) Animal hospitals and kennels. 3) Automotive service stations. 4) Building materials supply stores. 5) Commercial laundry and cleaning services r 5) Corporation yards. 7) Machine shops. 8) Motor vehicle sales and services. 9) Repair garages. 10) Repair shops. 11) Tire sales and services, including retreading and recapping. 12) Trucking terminals and truck service stations. 13) Vehicle storage yards. 14) Warehouses. 15) .Woodworking and cabinet shops. 16) Additional commercial services determined to be similar to the foregoing conditional uses in accord with the provisions of Section 21.200 of this ordinance. 11 -2 rev. 17) Accessory uses customarily incidental and accessory to the foregoing conclitional uses, and necessary for the operation thereof. Section 11.400 Develooanent Standards The following development standards shall be considered minimum, and more restrictive standards may be prescribed as conditions of a Conditional Use Permit for any use. 11.401 Lot Area and Site Dimensions. The minimum lot or site area shall be 10, 000 square feet, and each site shall have a minimum frontage of 50 feet. 11.402. Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet. 11.403. Distances BeL peen Buildings. The minimum distance between buildings on the same site shall be 15 feet, and the minimum distance between a building on a site and a building on an adjoining site shall be 20 feet. 11 -3 11.404. Height. The maximum height of buildings shall be 35 feet. 11.405. Density Control. Not Applicable. 11.406. Building Bulk Control. The maximum length of any wall or building face shall be 225 feet, and building walls shall be offset to a depth of at least 10 feet at least once for each 90 feet of wall length. The maximum distance between any two corners of a building at the same elevation shall be 275 feet. 11.407. Site Coverage. Not more than 75 per cent of the total site area shall be covered by buildings. 11.408. Useable Open Space. Not Applicable. 11.409. Landscaping and Site Development. At least 10 per cent of the total site area shall be landscaped. 11.410. Parking and Loading. Off - street parking and loading shall be provided in accord with Article 14 of this ordinance. No parking or loading area shall be located in any required front setback area. I1 -4 rev. 11.411. Location of Business Activity. All offices, businesses, and services permitted by Section 11.300 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and such other activities as may be specifically authorized to be unenclosed by a conditional use permit. 11.412 Noise. No use shall be permitted or conducted in a manner which creates noise, objectionable by reason of volume, pitch, intermittance, or frequency, which is audible at the boundaries of the site. Specific noise performance standards may be prescribed by a conditional use permit. 0 11 -5 rev. ARTICLE 12 AGRICULTUI12iL AND OPEC' SPACE, DISTRICT Section 12. 100 Purposes The Agricultural and Open Space District is intended to preserve agri- cultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and.open space objectives. Parks, schools, and certain types of private recreation facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominately open. Site develop- ment standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the district. Section 12.200 Permitted Uses The following uses shall be permitted: 1) Single family residential dwellings. 2) Plant and tree nurseries and raising of field, row,' _ and tree crops. 12 -1 3) Public parks, recreation areas, and open spaces. Section 12.300 Conditional Uses The following conditional uses shall be permitted, subject to issuance of a Conditional Use permit in accord with the provisions of Article 18 of this ordinance. 1) Any use within public parks, recreation areas, and open spaces which involves assembly of more than 200 persons together in one building or group of buildings, or in one recreation area or other public recreation facility. 2) Public and private schools and colleges. 3) Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. 4) Semi- public and institutional uses such as convents and religious retreats. 5) Ski lifts and tows. 6) Keeping of horses, poultry, or livestock, but specifically excluding }:coping of hoes and commercial feed lots. 12 -2 Section 12. 400 Accessory Uses The following accessory uses shall b-- permitted: 1) Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single family residential uses. 2) Home occupations, subject to issuance of a home occupa- tion permit in accord with the provisions of Section 17.300 of this ordinance. 3) Accessory buildings and uses customarily incidental to permitted agricultural uses, including barns, silos, sheds, corrals, pens, and similar uses. 4) The retail sale of plants, trees, or other farm or agri- cultural products grown, produced, or made on the premises. 5) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 12.500 Development Standards 12.501. Lot Area and Sitc Dimensions. The minimum lot or site area shall be two acres. 12 -3 12.502 Setbacks. The minimum front setback shall be 20 feet, the minimum side setback shall be 15 feet, and the minimuni rear setback - shall be 15 feet; provided that the minimum setback from any street or highway lire shall be 20 feet. 12.503. Dista? ices 'Bet-v- ^n Buildings. The minimum distance between buildings on the same "site shall be 15 feet, and the minimum distance between a building on one site and a building on an adjoining site shall be 20 feet; provided that the minimum distance betv.,cen any building used for. the housing or feeding of animals and any building used for dwelling purposes shall be 50 feet. 12.504. Hci!xht. The maximum height of buildings shall be 25 feet, except for accessory farm and a, ricultural buildings which may not exceed 45 feet in height. 12.505. Densitv Control. Not more than I dwelling unit shall be per- mitted for each 2 acres of site area. 12.506. Buildinn Faulk Control. Not applicable. 12 -4 12. 507. Site Coverage. Not more than 5 per cent of the total site area shall be covered by buildings. 12.508. Useable Open Space. A minimum of 500 square feet of useable open space, exlusive of required front setback areas, shall be provided at ground level for each dwelling unit. The minimum dimension of any area qualifying as useable open space shall be 10 feet. 12.509. Landscaping and Site Development. Not applicable. 12.510. Parking. Off - street parking shall be provided in accord with Article 14 of this ordinance. No required parking s1 X11 be located in any required setback area, except as may be specifically authorized in accord with Article 19 of this ordinance. 0 12 -5 rev. Section 1"'.1010 Purposes Special Development District 1 is intended to assure unified and coordinated development and use of a site of approximately 39 acres under single owner- ship or control, adjoining the south side of the Vail golf courses. The regu- lations are not intended to apply to other, dissimilar sites in the Town. The regulations prescribed in this Article are intended to provide a development process and to establish development standards which will ensure development complementary to the Town and to other properties in the vicinity of the district. Certain development standards permit more intensive use of the site than is permitted in other zoning districts because of the adjoining open space and recreational amenities and because of the size of the site and its potential for accommodating a unified development of high quality. Other development standards are more restrictive than other zoning district regulations in order to limit building size and site development to a scale in harmony with the site and its surroundings. 13 -1 ARTICLE 13 SPF C 1A L DEVIE LOP ",IBNT DISTRICT 1 Section 1"'.1010 Purposes Special Development District 1 is intended to assure unified and coordinated development and use of a site of approximately 39 acres under single owner- ship or control, adjoining the south side of the Vail golf courses. The regu- lations are not intended to apply to other, dissimilar sites in the Town. The regulations prescribed in this Article are intended to provide a development process and to establish development standards which will ensure development complementary to the Town and to other properties in the vicinity of the district. Certain development standards permit more intensive use of the site than is permitted in other zoning districts because of the adjoining open space and recreational amenities and because of the size of the site and its potential for accommodating a unified development of high quality. Other development standards are more restrictive than other zoning district regulations in order to limit building size and site development to a scale in harmony with the site and its surroundings. 13 -1 Section 13.200 Requirements for Estahlishmert of District This Article shall be effective and applicable on the effective date of changes in district boundaries pursuant to Section 21.500 of this ordinance. When effecting such changes, the Official Zoning Nlap shall be drawn to indicate rivo separate but contiguous development areas within the district identified as Development Area A and Development Area B. Development Area A shall be applicable to approximately 17 acres in the westerly portion of the district, and Development Area B shall be applicable to approximately 22 acres in the easterly portion of the district. . Prior to establishment of Special Development District 1, the Town Council may require such legal instruments as it deems necessary* to ensure that the property within. the district will be developed in conformity with the development plan as prescribed in Section 13.300, and that the development will be operated and maintained in accord with any conditions that the Council may prescribe in approving the development plan. Such instruments shall be binding on all present or future owners. Section 13.300 Dcvelontnent Plan Rcauired Prior to issuance of any permit or any other authorization for site preparation, construction, d: velopmcnt, or use within the district, 13 -2 the Toxin Council shall by resolution adopt a development plan for the entire district. - The development plan shall he sub ;Witted to the Planning Com—n- ossion for review, and the Planning; Commission shall submit its findings and recommendations to the Council. Subsequent revisions to the development plan may be approved by the Council by resolution following review by the Commission. 13.301. Findings. The Town Council shall consider the findings and recom- mendations of the Planning Commission, and shall make the following findings before approving a development plan: 1) That the transportation plan and the proposals contained therein for accommodating vehicular movement, transit, and parking shall be sufficient to meet the demands generated by the development, without undue burden on existing or proposed public facilities. 2) That the open space and recreational facilities proposed on the site shall be sufficient to meet the demands generated by the development without undue burden on available or proposed public facilities. 13 -3 3) That the development will not be materially damaging to the environment of the site or its surroundings, and that sufficient measures will be taken to ameliorate or nullify potentially harmful environmental impacts. 13.302. Content. The development plan shall include the following information, maps, reports, plans, and models: 1) Existing and proposed contours after grading and site development, with contour intervals of not more than 2 feet where the average slope on the site is 25 per cent or less, and contour intervals of not more than 5 feet where the average slope on the site is greater than 25 per cent. 2) A site plan, at a scale of 1 inch equals 20 feet or larger, showing the proposed locations and dimensions of all buildings and structures, proposed uses therein, and all principal site development features such as landscaped areas, recreation facilities, pedestrian plazas and walkways, service areas, driveways, and off - street parking and loading areas. 13-4 I 3) A prelirninary landscape plan at a scale of 1 inch equals 40 feet or lars,er sho %vin- existing landscape features to be retained or rcn-ioved, and showing proposed landscaping and landscaped site development features such as outdoor recreation facilities, bicycle paths, trails, pedestrian plazas and wal`%iays, Seater features or similar decorative elements. 4) Preliminary building elevations, sections, and .floor plans, at appropriate scales, in sufficient detail to determine floor area, interior circulation, locations of proposed uses Within buildings, and the general scale and appearance of the proposed dev:,lopnnent. 5) A transportation plan, including projections of automobile and transit useago, average daily and peal: hour movements and directions and seasonal traffic patterns; a plan of proposed parking, loading, traffic circulation, and transit facilities; and a statement or program for satisfying traffic and transportation needs generated by the development. 6) A plan of proposed off-site improvements to be made, including avalanc::u control, drainago, traffic circulation and transit route improvements 13 -5 or facilities, utilities, landscaping or otFier improvep Meats to public facilities and utilities. 7) An architectural model of the site and the proposed development, at a scale of 1 inch to 40 feet or larger, portraying the scale and relationships of the proposed development to the site, and illustrating the form and mass of proposed structures. 8) In the event phase construction is contemplated, a program indicating order and timing of construction phases and any proposals for interim development. The development plan shall be used as a guide for all development within the district, including the design and locations of buildings and the development of the site. All plans approved by the Design Review Board in accord with Article 15 of this ordinance shall conform substantially with the devel- opment plan adopted by the Town Council. Section 13.400 Permitted Uses 13.401. Development Area A. In Development Area A, the following uses shall be permitted: 1) Multiple family residential dwellings, including attached or row dwellings and condominum units. Z) Lodges, including accessory eating, drinking, recreational, 13 -6 rev. or retail establishments located within the principal use and not occupying more than 8, 000 square feet of floor area. Additional accessory dining areas may be located on outdoor decks, porches, or terraces. 3) Offices, retail stores, personal services, and eating and drinking establishments, provided that no single use or establislin3cnt shall exceed 5, 000 square feet in floor area and the total of all establishments shall not exceed 27, 000 square feet in floor area, including the following uses and such additional uses as may be determined to be similar in accord with the provisions of Section 21.200 of this ordinance: Apparel stores Barber and beauty shops Book stores Cleaning and laundry services Delicatessens and specialty food stores Drug stores and pharmacies Eating and drinking establishments Food stores Gift stores Jewelry stores 13 -7 Liquor stores Ne-. ;stands and tobacdo stores Offices Sporting goods stores I3DOV010Pl,1ent Area F3, In Development Area I3, the following uses shall be premittcd: 3} Multiple family residential divellings, including attached or row dwellings and condominium units. 2) Offices, retail stores, personal services, and eating and drinking establishments, provided that no single use or establishment shall exceed 4, 000 square feet in floor area and the total of all establishments shall not exceed 10, 000 square feet in floor area, including tl'e following uses and such additional uses as may be determined to be similar in accord with the provisions of Section 21.200 of this ordinance: Apparel stores Barber and beauty shops Book stores Cleaning and laundry sere Ic.Cs 13 -8 Delicatessens and specialty'food stores Drug stores and pharmacies hating and driniting establislimtents Food stores Gift stores jewdlzy stores Liquor stores Nev: stands and tobacco stores Offices Sporting goods stores Section 13.500 Conditional Uses dw= The foil=ing conditional us;,s shall be permitted only in Development Area A, subjcct to issuance of a Conditional Use Permit in accord with the provisions of Article 1S of this ordinance: 1) Automobile service facilities limited to sales of gasoline and oil, and minor maintenance services, but excluding engine repair or bodywork, and operated completely within an enclosed parking garage. 13 -9 2) Theaters or convention facilities, 3) Clubs and recreational facilities within enclosed structures. Section 13.600 A.ccessory Uses The following accessory uses shall be permitted in Development Areas.A and B: 1) Private swimming pools, patios, or recreation facilities customarily incidental to permitted residential and lodge uses. 2) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 of this ordinance. 3) Other uses customarily incidential and accessory to permitted or conditional uses, and necessary for the operation thereof. 13 -10 Section 13.700 Development Standards The following; minimum development standards shall apply unless more restrictive standards are indicated by the development plan adopted by the Town Council. Where standards are not specifically enumerated herein, such standards shall be specified as a part of the approved development plan. 13.701. Lot Area and Site Dimensions. Area A shall consist of a sinalc site of approximately 17 acres, and Area B shall consist of a single site of approximately 22 acres. 13.702. Setbacks. The minimum required setbacks shall be as indicated on the approved development plan, but in no case shall setbacks be less than 10 feet from any site line. 13.703. Distancos bctwecn Fuiltlir =:Ts. The minimum distances between all structures shall be as indicated on the approved develop- ment plan, but in no case shall the minimum distance between build - inns be less than 15 feet. 1. 13 -11 13:704. Height. The maximum heights of all structures shall be as indicated oa the approved development plan, but for various portions of the perazitted site coverage, shall not exceed the following schedule; Development Area A Portion of Permitted Site Coverage Maximum Height 52 per cent 35 feet 12 per cent 45 feet 12 per cent 60 feet 18 per cent 65 feet 6 per cent 70 feet Development Area B Portion of Permitted Site Coverage MaxinlLlzn Height 50 per cent 35 feet 28 per cent 55 feet 22 per cent 60 feet 13.705. Density Control. The gross floor area of all buildings and numbers of accommodation units and dwelling units shall not exceed the following schedule. Permitted floor area and numbers of units shall not be transferrable from one Development Area to another. 13 -12 n Development CAlf_ Development SDI District Are Total Maximum total floor area of 511,500 221,500 733,000 all uses square feet square feet square feet Maximum number of accommodation units and dwelling units 420 units 165 units 585 units For purposes of this section only, a dwelling unit and a connecting accommodation unit shall be deemed x single dwelling unit if the accommodation unit occupies less than 40 per cent of the gross residential floor area of the combined units. For purposes of determining parking requirements, such units shall be deemed separate dwelling or accommodation units. In Development Area A, the gross residential floor area included within lodge uses shall not exceed 25 per cent of the total gross residential floor area in the Development Area. 13.706. Building Bulk Control. Building bulk, maximum wall lengths, maximum dimensions of building groups, and requirements for wall offsets and for upper levels of buildings to be stepped back from lower levels shall be as indicated on the approved development plan. 13.707. Site Coveraze. In Development Area A, not more than 235,000 square feet of site area shall be covered by buildings. In 13 -13 rev. Development Area 0, not more than 100, 000 square feet of site area shall be covered by buildings. 13.708. Useable Onen Space. Useable open space for multiple family dwellings and lodges shall be required as indicated on the approved development plan, but in no case shall the useable open space requirements be less than the following: 1) For dwelling units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 150 square feet of useable open space per dwelling unit. 2) For accommodation units, a minimum of 1 square foot of useable open space shall be provided for each 4 feet of gross residential floor area, but not less than 100 square feet of useable open space per accommodation unit. Useable open space may be common space accessible to more than one dwelling or accon- imodation unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. 13 -14 At least one -half the required useable open space shall be provided at ground level, exclusive of required front setback areas. At least 75 per cent of the required ground level useable open space shall be common space. The minimuri dimension of any area qualifying as ground level useable open space shall be 10 feet. Not more than one -half of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non - ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. 13.709. Landscaninz and Site Devcloomcnt. In Development Area A, at least 65 per cent of the total site area shall be landscaped. In Development Area B, at least 90 per cent of the total site area shall be landscaped. 13.710. Parkir,i- and Lor:dinz. Off - street parking and loading shall be provided in accord with Article 14 of this ordinance. Park- ing for uses in Development Area A shall be located in Development Area A, and parking for uses in Development Area B shall be located in Development Area B. All of the required 13 -15 parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view. No parking or loading area shall be located in any required setback area, and no paxking or loading shall be permitted at any time in areas designated for recreation or open space use on the development plan. Driveways, passenger loading areas, and parking areas not located within a building shall be pcimtted only as indicated on the approved development: plan.. 13.711. Performance Bonding. Prior to issuing a building permit for any building or any other construction on the premises Permittee. shall submit a letter of credit or surety bond guaranteeing to the To= of Vail the construction of the recreational amenities and public facilities to be completed for that phase according to the master plan for the uiburst project. in the event the recreational amenities and /or Public facilities are not ecxnplete within 1 year after the Certificate of Occupancy is issued, the Town of Vail shall take the necessary steps to collect the funds required from the bonding, company and complete the construction of such facilities. 13 -16 ARTICLE 14 OFF- STREET PARKING ND .LOADL G Section 14. 100 Purnoses In order to allcviate progressively or to prevent traffic congestion and shortage of on- street parking areas, off- street parking and loading facilities shall be provided incidental to new uses, enlarge- ments of existing uses, or changes of use. The number of parking spaces and loading berths prescribed in this Article shall be in proportion to the need for such facilities created by the particular type of use. Off - street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this Article are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations of exposed parking and of separate garage or carport structures. Section 11,200 -kpplication of Off - Street Parking and Loadi n2 Requirements Off -street parking and loading space shall be provided, for any new 14 -1 building or use established, for any addition or enlargement of an existing building or use, or for any change of occupancy of any building or the manner in which any use is conducted, subject to the provisions of this article. 14.201. Existing* Facilities. Off - street parking and loading facilities used for off - street parsing and loading on the effective date of this ordinance shall not be reduced in capacity to less than the number of spaces prescribed in this Article, or reduced in area to less than the minimum standards prescribed in this Article. 14.202. Additions or Chan5,es . For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the nurnber of parting spaces required, the additional parking shall he required only for such addition, enlarge- ment, or chancre and not for the entire building or use. Section 14.300 Construction and :Maintenance of _Off -Street _Park-in cr and Loadinn Areas All off - street parkil,,g and loadircr facilities required by this Article shall be constructed and maintained in accord with the miniirium rl- standards for such facilities proscribed by this Article, and shall be r maintained free of accumulated snow or otter materials preventing full use and occupancy of such facilities in accord with the intent of this Article, except for temporary periocls of short duration in event of heavy or unusual- snm fall. 1 Section 14.400 Off -Sipe and Toint Parkin- Facilities All parking and loading facilities required by this Article shall be located on the same site as the use for which they are required, provided that the Town Council may permit off -site or jointly used parking facilities if located within 300 feet of the use served. Authority to permit off -site or joint parking facilities shall not extend to parking spaces required by this ordinance to be located v.ithin the main build- ing on a site, but may extend to parking spaces p;.,rmitted to be unenclosed. Prior to permitting off -site or joint parking facilities, the Council shall determine that the proposed location of such parking facilities and the prospective operation and maintenance of such facilities will fuLfill the purposes of this Article, will be as useable and convenient as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. 14 -3 The Council may require such legal instruments as it deems necessary to ensure unified operation and control of joint parking facilities or to ensure the continuation of such facilities, including evidence of owner- ship, long term lease, or easement. Section 1_.500 Paricin(z and Loading Standards The following standards shall govern the design and construction of all off-street parking and loading facilities, whether required by this ordinance or provided in addition to the requirements of this ordinance. Minor adjustments of the dimensions prescribed herein may be authorized by the Zoning Administrator if consistent with generally recognized design standards for off - street parking and loading facilities. 14.501. Parkinn. Standards for off - street parking shall be as follov.,s: 1) Location and design: Parking spaces, aisles, and turning areas shall be entirely within lot lines and shall not encroach on any public right of way. No parked vehicle shall overhang any public right of way. Except for parking facilities serving single family or two family resi- dential dwellings, or parking facilities accommodating less than four cars, off - street parking areas shall be designed so that it will not be necessary for vehicles to back into any street or public right of way. 2) Size of Space: Each oft- street barking space shall be not less than 9 feet wide and 19 feet long, and if enclosed and /or covered, not less than 7 feet high. 14 -4 3) Accessways: Unobstructed and direct accessways not less than 10 feet or more than 20 feet in width shall be provided from off - street parking to a street or alley. In multiple family, public accommodation and commercial districts, the total width of all vehicular accessways shall not exceed one foot for every three feet of lot frontage, or average width of the lot, whichever is greater. 4) Aisles: Aisles of adequate width for convenient and easy access to each parking space shall be provided, affording unobstructed vehicular passage between each parking space and one or more accessways. This requirement may be waived only during such times as valet parking is operated in lieu of self- parking. 5) Surfacing: All parking areas shall be paved and provided with adequate drainage facilities. 6) Landscaping: Not less than 10 per cent of the interior surface area of all unenclosed off - street parking areas shall be devoted to land- scaping. In addition, landscaped borders not less than 5 feet in depth shall be provided at all edges of parking lots. 14.502. Loading. Standards for off - street loading shall be as follows: 14 -5 rev. 1) Location: All off - street loading berths shall be located on the same lot as the use served. Off - street loading berths shall be provided in addition to required off - street parking and shall not be located within accessways. 2) Size: Each required loading berth shall be not less than 12 feet wide, 25 feet long, and if enclosed and /.or covered, 14 feet high. Adequate turning and maneuvering space shall be provided within the lot lines. 3) Access: Accessways not less than 10 feet or more than 20 feet in width shall connect all loading berths to a street or alley, Such accessways may coincide with accessways to parking facilities. Section 14.600 Schedule of Off - Street Parking Requirements 14.601. Schedule. Off - street parking requirements shall be determined in accord with the following schedule: 14 -6 rev. Use Parking Requirement ' Single family or two Two spaces per dwelling unit. family dwelling. Multiple family dwelling or lodge: a) Dwelling unit 0.5 space per dwelling unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 2.0 spaces per unit. b) Accommodation unit 0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 1.0 space per unit. 14 -6 -A rev. C c Use ParkLng Requirement Medical and dental One space per each 200 square offices. feet of floor area. Other professional and One space per each 300 square business offices. feet of floor area Banks and financial One space per each 200 square institutions. feet of floor area. Retail stores, personal One space per each 300 square services, and repair shops. feet of floor area. Bating and drinking One space per each 10 seats, establishments. based on seating capacity or building code occupancy standards, whichever is greater. Theaters, meeting, rooms, One space per each 10 seats, convention facilities, based on seating capacity or churches, and similar uses building occupancy sra.ndards, of public assembly. whichever is greater. Any use listed as a Parking requirement to be deter- conditional use. mined by the Town Council as a condition of the Conditional Use Permit, but not less than the comparable requirement prescribed above. Any use not listed. Parking requirement to be deter- mined by -die Town Council. 14 -7 rev. 14.602. Application of Schedule. Where fractional requirements result from application of the schedule, the fraction shall be rounded to the nearest whole number. Where the schedule is based on units of floor area (square footage), the requirement shall apply to a major fraction of a unit of floor area but not to a minor fraction. 14.603. Credit for Multiple Use Parking_Facilities. Where a single parking facility serves more than one use, the total parking require- ment for all uses may be reduced in accord with the following schedule: Total Requirement Permitted Reduction Determined per to Determine Multiple Section 14.601 Use Parking Requirement 1 to 100 spaces No reduction 101 to 200 spaces 2.5 per cent 201 to 300 spaces 5.0 per cent 301 to 400 spaces 7.5 per cent 401 to 500 spaces 10.0 per cent 501 to 600 spaces 12.5 per cent 601 to 700 spaces 15.0 per cent 701 to 800 spaces 17.5 per cent 801 to 900 spaces 20.0 per cent 901 to 1, 000 spaces 22.5 per cent Over 1,000 spaces 25.0 per cent 14 -8 rev. V- Section 14.700 Sci- ,eciuie of Off-Strict Loadins :?eauireme ?its 14.701 Schc -dule. 01- street loading require -meats small be determined in accord v itli the follo,ti=ing schedule: Use Multiple family dwellings with over 20, 000 square feet gross residential floor area. Lodges with over 10, 000 square feet total floor area, including accessory uses within the lodge. Professional anal business offices, banks and financial institutions with over 10, 000 square feet total floor area. Retail stores, personal ser- vices, repair shots, eating and drin<ing establishments, and all other comriercial or service uses with over 2, 000 square feet total floor area. Loading Requirement One loading berth for uses up to 100, 000 square feet gross residential floor area, plus one additional berth for each 50, 000 square feet gross residential floor area in excess of 100, 000 square feet. One loading berth for uses up to 75, 000 square feet total floor area, plus one additional both for each 25, 000 square feet total floor area in excess of 75, 000 square feet. One loading bea.-th. One loading berth for uses up to 10, 000 square feet total floor area, plus one additional berth for each 5, 000 square feet total floor area in excess of 10, 000 square feet. Any use listed as a Loading facilities requirement to be conditional use, determined by ti:e Tov :n Council as a condition of ti:e Conditional Use Per -mit, but not less than the comparable requirement prescribed above. 14 -9 Use Any use not listed, it such use xequires the recurring receipt or distribution of goods or equipment by truck. Loadi:,7 Reouirement One loadinI bcrth, plus add; tioral berths prescribed by the Town Council upon determination of raced. 14.702. Application of Schedule. Where the- schedule is based on units of floor area (square footage), the requirement shall apply to a major fraction of a unit of floor area but not to a minor fraction. 14.703. Credit for Multiple Use Loadinn Facilities. Where a single off- street loading zacility serves more than one use, the number of off - street loading berths may be reduced in accord with the following schedule: Total Requirement Determined per Section 14.701 1 berth 2 berths 3 berths 4 berths 5 berths 6 berths 7 berths 8 berths 9 or more berths 0 Reduced Requirement With Multiple Use 1 berth 1. berth 2 berths 2 berths 3 berths 3 berths 4 berths 4 berths 5 berths 14-10 c Section lµ. 800 The Town Council by resolution ;:zr y exe.rpt certain areas from the off - street parIl-ling and loading roqui1:cn-,c,-.-,s of this ordinance, if alternative means will meet the off - street parking Ord loading needs of all uses in the area. Prior Co excrnpting any area from the off- street parking and loading requiremenmts, the Council shall deterine: 1) That the exemption is in the interests of the area to be exempted and in the interests of the Town at large. 2) That the exemption will not confer any special privilege or benefit upon properties or improvements in the area to be exempted, which privilege or benefit is not conferred on similarly situated priorernes elsewhere in the Town. 3) That the exc :- ,'Ption will not be e:trimental to adjacent properties or improvements in the vicinity of the area to be exempted. 4) That suitable and adequate means will exist for provision of public, community, group, or common parking facilities; for provision of adequate loading; Lcilitics and for a system 14 -11 for distribution and piclaip'of goods; and for financing, operating, ar.i inaintaining such facilities; a. d that such parkin -, loading, ar_d distribution fccilties shall be fully adequate to meet ti.e existing and projected needs 4eneratcd by all uses in the area to be exempted. 1 14 -12 ARTICLE 15 DESIUV REVIDV Section 15.100 Farnose In order to preserve the natural beauty of the Town's site and setting, and to prevent indiscriminate clearing of property, removal of trees, and earthmoving and to attain the following objectives, exterior design of all new development and additions to existing development s1lall be subject to design review. 1) To prevent excessive or unsightly grading which could cause disruption of natural watercourses or scar natural landforms. 2) To ensure that the location and configuration of structures are visually harmonious with their sites and with surrounding sites and structures, and do not unnecessarily block scenic views from existing buildings or tend to dominate the townscape or the natural landscape. 3) To ensure that the architectural design of structures and their materials and colors are visually harmon- ious with the Town's overall appearance, with surround- ing development, with natural landforms and native vegetation, and with officially approved development: plans, if any, for the areas in which the structures are proposed to be located. 15_-1 4) To ensure that plans for the landscaping of open spaces conform with the regulations prescribed by this ordinance, provide visually pleasing settings for structures on the same site and on adjoining; and nearby sites, and blend harmoniously with the natural landscape. SeUtion 15.200 Design Review Board The Town Council shall appoint the Design Review Board which shall be composed of three members of the Planning Commission and two members at large. The term of each Board member shall be one year, and he shall be eligible for reappointment. The Council shall designate one of the members to serve as Chairman of the Board. The Board hereby is authorized to retain the services of one or more consulting architects, landscape architects, or urban designers, who need not be licensed to practice in the state of Colorado, to advise 15 -2 rev. C C C ( C and assist the Board in performing the design review functions pres- cribed in this article. The consultants may be retained to advise the Board on a single project, on a number of projects, or on a continuing basis. It is the intent of this Section that the Board will review relatively small scale projects, such as individual single family residences, duplexes, accessory structures, and minor additions to a<xisting structures, without the assistance of consultants; and that consultants will be retained to advise and assist the Board in reviewing relatively large scale projects such as groups of single family residences or duplexes, individual multiple dwellings, lodges, semi -- public and public facilities of all types, and conmercial, industrial and utilities developments. The Design Review Board shall meet upon call of the Chairman. hdeetings small be called sufficiently frequently that the design review proce- dure prescribed in this Article shall conmence within 30 days of submission of material required by 15.400. Section 15.300 Design Approval The Town shall not authorize site preparation, building construction, sign erection, exterior alteration or enlargement of an existing structure, or paving, fencing, planting, or other improvements of open space unless design approval his been granted as prescribed in 15 -3 rev. I C C C U this Article. For the purpose of this Section, landscaping of open space on the site of a project which previously had received design approval shall not require any additional approval. 15.301. Performance Bonding of Recreational Amenities. Prior to issuing a building permit for any building or any other construction on the premises, Permittee shall submit a letter of credit or surety bond, guaranteeing to the Town of Vail the construction of the recreational amenities as presented in the site plan and /or prospectus. In the event the recreational amenities are not complete within 1 year after the Certificate of Occupancy is issued, the Town of Vail shall take the necessary steps to collect the funds required from the bonding company, guarantor or other institution guaranteeing construction of the recreation. amenities and complete the construction of such amenities, from the proceeds of such funds so derived. Section 15.400 Aia,teria.l to be Submitted The owner or authorized agent of any project requiring design approval as prescribed by this Article shall. submit all or any of the follawing material to the Zoning Administrator unless the Zoning Administrator shall determine within 5 days of a written request for such determination that sore of the following material may be excluded. 1) A topographic map of the site with contour intervals of not more than 2 feet if the average slope of the site 15 -4 R is 20 per cent or less, or with contour intervals of not more than 10 feet if the average slope of the site is greater than 20 per cent. Existing trees or groups of trees having trunks with diameters of 4 inches or rmre l foot above natural grade shall be shown. Rock outcroppings and other significant natural features shall be shown. 2) Site grading and drainage plans including provision for disposition of surface drainage on or off site. 3) A site plan, drawn at a scale of 1 inch equals 20 feet or larger showing the existing and proposed layout of buildings and other structures including decks, patios, canopies, fences, and walls. The site plan shall show the locations of landLscaped areas, service areas, storage areas, pedestrian walks, driveways, and off - street parking and loading areas. The site plan shall indicate the locations of ingress and egress and the directions of traffic flow into and out of as well as within parking and loading areas, the location of each parking space and loading berth, and areas for turning and maneuvering vehicles. Landscaping and screening of off - street parking and loading areas shall be shown. The site plan shall sho:,, locations of utilities hookups and any above- ground utility lines or other installations. 15 -5 C, c 4) A preliminary landscape plan drawn at a scale of 1 inch equals 20 feet or larger as required by the land- scaping ordinance. The landscape plan shall show locations of existing trees or groups of trees having trunks with diameters of 4 inches or more 1 toot above natural grade that are proposed to be removed. Shrubs and other native plants proposed to be removed shall be generally indicated. The Landscape plan shall shcry trees and other native plants proposed to be retained, the location and design of proposed landscaped areas, the varieties and approximate sizes of plant materials to be planted therein, and the location and design of swimming pool areas, patios, play areas, recreation facilities, and other useable open space. The landscape plan shall include sufficient detail to provide a reliable basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvements. 5) Preliminary architectural plans drawn at a scale of 1/8 inch equals 1 foot or larger including floor plans in sufficient detail to permit determination of whether all requirements of this ordinance based on floor area will be nat. Architectural plans shall include all elevations of proposed structures as they will appear on completion, 15-6 C c r r c and one or more perspective sketches or a scale model as necessary to illustrate the overall appearance of the buildings, grounds, and other major site develop- ment features. All exterior surfacing materials and colors shall be specified, and samples of each, ccwplete with proposed finishes, shall be subini.tted. 6) Scale drawings, plans, renderings, photographs, or other information required by the sign ordinance, Ordinance No. 9, Series of 1973, showing in detail design, materials, and colors, and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly com- prehensible system of reference to the site plan prescribed in (3) above or the architectural plans prescribed in (5) above. Upon request of the Zoning Administrator, samples of sign materials shall be submitted. The Design Review Board may require the submission of additional plans, drawings, specifications, samples, and other material if deemed necessary to determine ,;hether a project will comply with the purposes prescribed in Section 15.100 and the design guidelines prescribed in Section 15.600. 15-7 Section 15.500 Design Review Board Action The Zoning Administrator shall check all material which shall be submitted for design review for compliance with Section 15.404. If found to be adequate, the material shall be submitted to the Design Review Board at its next meeting. The Design Review Board shall review the material and shall approve, disapprove, or request changes in the design of the project within 15 days of the date of its meeting at which the material is received. However, if the Board determines that advice or assistance of profes- sional consultants is needed, an additional 45 days shall be allowed for action by the Board to allow time for retaining professional consultants and submitting plans to them. Failure of the Board to act within the prescribed deadline shall be decd approval of the design of the project unless the applicant consents to a time extension. If changes in the design of the project are requested, the Board shall approve, disapprove or request further changes within 20 days of the meeting at which the Board receives the changes. If the design of the project is found to comply with the purposes prescribed in Section 15.100 and the design guidelines prescribed in Section 15.600, the Design Review Board shall approve the design of the project. If it is found to conflict with the purposes or the design guidelines, the Board shall disapprove or request changes in the design 15-3 I of the project. Any disapproval or request for changes shall be ir. writing and shall specifically describe the purpose statement or design guidelines with which the design of the project does not ecmply and the manner of nonccrrpliance. Section 15.600 Design Guidelines Actions of the Design Review Board shall be guided by the purposes prescribed in Section 15.100, by plans officially approved by the Town to guide development in the area within which the project is located, by the design guidelines prescribed in this Section, by other applicable provisions of this ordinance, and by other applicable ordinances. If a development project is to be built in phases, each phase shall be subject to the design guidelines prescribed in this section. 1) Building location, configuration, architectural design, materials, and colors should be harmonious with the majestic mountain setting and the Alpine Village scale of the Town. 2) Structures should not visually dominate the townscape or call undue attention to themselves unless they are of civic importance and occupy focal sites. 3) Structures or portions of structures exceeding the height limits prescribed in this ordinance, as permitted in 15--9 rev. Section 17.206 , should be. limited to chimneys, clock tourers, ski lifts, church steeples, and similar hain-nonious architectural forms. Rooftop heating and air conditioning equipment, large vent stacrs, elevator penthouses, and similar features should be avoided and, if permitted, should be screened from view. 4) Roofs should have a pitch of at least 4 feet in 12 and should be covered with materials that are harmonious with their surroundings. Flat roofs shall be permitted only in special situations, and then should be covered with harmonious M - materials. Mansard roofs generally should be avoided. 5) Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements in winter and provide shade in summor should be encouraged. 6) Building materials should be predominately natural, such as wood siding, shingles, and native stone. Brick is accept- able. Concrete block generally is acceptable only if specially designed and colored. Where stucco is used, gross textures and surface features that appear to imitate other materials should be avoided. Concrete surfaces should be used sparingly, and should be handled with delicacy and restraint. 15 -1a C Aggregate generally is more acceptable than raw concrete, but use of integral patterns and colors can mane concrete surfaces harmonious. 7) Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. Use of shutters and sunbreaks should be encouraged where appropriate. 8) Design of accessory structures, fences, walls, and other structural landscape features should be harmonious with the main structure or structures on the site. The same or other harmonious building materials should be used on main structures and accessory structures. 9) Natural colors (earth tones) gray, and white should be favored. Primary colors or other bright colors should be used only as accents and then sparingly and mainly in non - residential areas. Use of penetrating stains ratlser than paint on wood surfaces should be encouraged. Exposed metal flashing or trim should be annodized or painted so as to be non- rcfloctive. 10) Coniniercial developmem generally should be relatively tightknit and somcwhat intiinate in scale. Large or readily 15 -11 C C C- C , visible parking lots exposed to streets and main pedestrian- ways should be avoided. 11) Resicyntial, multiple dwellin,;, and lodge development out- side central areas (the Village and Lions-head) should have a looser, IoNver density character. Open spaces should be left in their natural state or landscaped, and large paved areas should not be permitted. 12) Removal of trees, shrubs, and non - hazardous native plant materials generally should be limited to removal of those essential for development of the site. 13) On hillsides excessive grading should not be permitted for building sites, access drives, off -street parking, pool sites, recreation areas, or other improvements. 14) Cut and fill slopes should be sculptural in form and contoured to blend with the natural, undisturbed terrain. 15) All grading and excavation scars should be planted with natural materials or others that will harmonize with the natural landscape. 16) Landscaping should be designed to harmonize with natural landforms and native trees and other plant materials, except 15 -12 in commercial areas where the man -made look may be more suitable. In gcaeral, lawns, geometric plantings, evenly spaced roe %s of trees, and other formal, urban landscape features should be avoided. 17) Particular attention should be given the landscape design of off- street parking lots to soften their harsh, barren appearance. Cars, as seen from grade and from higher elevations, should be screened as much as possible by trees, shrubs, hedges, fences, mounds and similar landscape features. Plant materials used for screening generally should be evergreens. 18) In residential areas, location and configuration of buildings should maximize the privacy of surrounding dwellings and should intrude into their views to the minimum extent feasible. 19) In residcntial areas, accessory buildings generally should be attached to the main building either directly or by means of a -continuous fence, wall, or screen at least 6 feet high of the same or a complementary material as the main building's exterior finish. 15 -13 C C C C 20) Service areas, Outdoor storage, drying yards, garbage cans, and trash storage areas should be screened from adjacent properties, streets, and other public areas by fences, planting, or other suitable means. 21) Storage areas for boats, trailers, campers, and off- road vehicles shall either be completely enclosed or screened fran adjacent properties, streets, and other public areas by fences, planting, and other suitable means. Section 15.700 Design Review Fee The Town Council shall set a design review fee schedule sufficient to cover the cost of Town staff tinya, consultant's fees, and incidental expenses. Applicants for design review may be required to deposit with the To n a sum sufficient to cover the costs of design review which shall be deducted, and the balance returned to the applicant following carpletion of the design review procedure. Section 15.800 Appeal to Town Council A decision of the Design Review Board may be appealed to the Council by the applicant or any aggrieved person or at the request of the Town Manager at any time before the decision becomes final. 15 -14 8M1 Within 7 days following action of the Design Review Board, its decision to approve, disapprove, or request changes in the project design shall be transmitted to the applicant and posted in a conspicuous manner at the Town office. The decision shall become final if no written appeal is made to the Town Council by any aggrieved person within 20 days following the decision of the Design Review Board. Not more than 20 days following the filing of an appeal, the Town Council shall review tho action of the Design Review Board. The To1=1 Council shall, in writing, confirm, modify or reverse the decision of the Design Review Board within 20 days following the commencement of review. if it deems insufficient information is available to provide the basis for a sound decision, the Town Council may postpone final action for not more than 30 additional days. Failure of the Council to act within 30 days shall be deemed approval by the Council of the design of the project unless the applicant consents to a time extension. Any decision by the Town Council which results in disapproval of the project design shall specifically describe the purpose or design guide- lines with which the project does not comply and the manner of noncanpllance. 15-15 rev. Section 15.900 Lapse of Design ReviewApproval Approval of the design of a project as prescribed by this Article shall lapse and shall become void one year following the date of final approval of the project as prescribed by Article 16 or by Article 15, uhichever is later, unless prior to the expiration of otie year a building permit is issued and construction is commenced and diligently pursued tows 2xd ccmpletion. 15-16 ARTIC11 16 EN,V1RM1LNTAL IMPACT REPOTM Section 16.100 Purposes Subinlission 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 following objectives: 1) To ensure that complete information on the environ- mental effects of the proposed project is available to the Town Council, the Planning Camiission, and the general public. 2) To ensure that long term protection of the environment is a guiding criterion in project planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions. 3) To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for corrmenee:ment of development. 16 -1 Section 16.200 Applicable Projects An Environmental Impact Report shall be submitted to the Zoning Administrator for any project for which such a report is required by federal or state law, or for any project which the Zoning Administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: 1) Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural land form feature. 2) Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. 3) Alters or removes native grasses, trees, shrubs, or other vegetative cover. 4) 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 scale that would be in marked contrast to natural or existing urban features. 16 -2 J C C", C c 5) Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. 6) Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. 7) involves any process which results in odor that may be objectionable or damaging. 8) Requires any .waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. 9) Discharges significant volumes of solid or liquid wastes. 10) Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility system. 11) Involves any process which generates noise that may be offensive or damaging. 12) Either displaces significant numbers of people or results in a significant increase in population. 13) Pre -empts a site with potential recreational or open space value. 16 -3 rev. r 14) Alters local traffic patterns or causes a signi- ficant increase in traffic vollxre or transit service need. 15) Is a part of a larger project which, at any future stage, may involve any of the impacts listed above. Section 16.300 Exempt Projects An Environmental Impact Report shall not be required for the following projects: 1) Alteration, repair, and maintenaice of existing structures and site improvements. 2) A phase of a project for which an Environmental. Impact Report previously was submitted ard revJ_c-xcd covcring the entire project, provided that the project was approved and not subsequently altered. 3) A project which, on the basis of a preliminary environ- mental assessment covering each of the factors prescribed in Section 16.200, is found to have an insignificant impact on the environment. The preliminary environmental assessment and the finding on environmental impact shall be made by the Zoning Administrator. 16--4 rev. 1'7.203. Balconies, Decks, and Above Ground. Balconies, decks, terraccs, and other similar unroofed features projecting from a structure at a height of more than 5 feet above ground level may project not more than 5 feet nor more than one half the minimum required dimension.into a required setback area; or may project not more than 5 feet nor more than one fourth the minimum required dimension into a required distance benveen buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the louver balcony or deck. 17.201. Fire Escapes . Fire escapes or exterior emergency exit stairways may project into any required setback area or distance bet-,vicen buildings not more than 4 feet. 17.205. Bav Windows. Bay windows and similar features extending the interior enclosed space of a structure may project not more than 3 feet into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one tent:i the arca of the wall surface from which it projects or extends. 17 -3 17.206. Arch;tcctural Projections ab ' l:ei-*ht Limit. Towers, spires, cupolas, chimne s, flagpoles, and similar architectural ' features not useable as habitable floor area may extend abo•1e the height limit a distance of not more than 25 per cent of the height limit nor more than 15 feet. 17.207. Exceptions to Heizht Limit. Structures or portions of structures with sloping roofs may exceed the height limit in accord with the schedule herein. Any exception authorized by this section shall not constitute a charge of height limit but shall authorize a building height exceeding the prescribed height limit only for that portion of a struc- ture to which this section applies. This section shall apply to gable, hip, or shed roofs but shall not apply to mansard roofs or to any roof structure which does not extend to a peak at a slope of 4 feet vertical to 12 feet horizontal or greater. Schedule of Exceptions to Height Limit Vertical Rise nor 12 feet Horizontal Permitted Additional HeiLht 4 feet 1 foot 5 feet 2 feet 6 feet 3 feet 7 feet 4 feet 8 feet 5 feet 9 feet 6 feet 10 feet 7 feet 11 feet 8 feet 12 feet 9 feet 13 feet or grcatcr 10 feet maximum 17 -4 17.208. Application and In.ternre *anion of Hcinht Limits. Whcre a building is desi, ned to have the ap; carance of separate, identifiable structures joined only by lo-xer portions ox tho same structure, or adjoining for less than 25 per cent of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of a structure having the appearance of separate, identifiable structures shall be made by the Zoning Administrator. 17.209. Application and Internrctation of Lot Lines. Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an extension of a portion of the sit`, or by means of a private driveway, road, or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom. A portion of a lot or site less than 20 feet in width providing access from a street to the prinicipal portion of the site shall not be used in calculating permitted gross residential floor area on the site. 17 -5 c C . U C . Section 17.300 Horne Occupations 17.301. Per -;tit Rcouired. The conduct of a home occupation, where permitted as an accessory use by the provisions of this ordinance, shall be subject to issuance of a home occupation permit by the Zoning Administrator. Application shall be made on a form prescribed by the Zoning Administrator, - and shall be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other features of the home occupation. The application shall describe in detail the manner in which the home occupation will conform with the requirements of this section. 17.302. Permit Issuancc and Findinrrs. After review of the application, the Zoning Administrator may issue a home occupation permit if he finds that the proposed use will conform with the requirements of this section. The permit may be subject to such conditions as the Zoning Administrator deems necessary to guarantee operation of the home occupation in accord with the requirements of this section and compatibly with other uses in the vicinity. The Zoning Administrator shall deny the 17 -6 application if he finds that the proposed use will not copform with the provisions of this Scction, or would be injurious or detrimental to other properties in the vicinity. . 17.303. Time Limit and Renewal. Home occupation permits, when issued, shall be for. a limited time period not exceeding two years. Permits shall be renewable upon application, subject to such regu- lations as shall be in effect at the time of application for renewal. The Zoning Administrator shall make the same findings with respect to an application for renewal as for the original issuance of a home occupation permit. 17.304. Requirements for Home Occu -pations . Where permitted, home occupations shall be subject to the following limitations: 1) The use shall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof. Employees, other than inhabitants of the dwelling, shall not exceed one person at any time. 2) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereon. 17 -7 3) The total floor area used for the home occupation shall not exceed one fourth of the gross residential floor area of the dwelling, nor exceed 500 square feet. 4) There shall be no advertising, display, or other indication of the home occupation on the premises. 5) Selling stocks, supplies, or products on the premises shall not be permitted, provided that incidental retail sales may be made in connection with other permitted home occupations. b) There shall be no exterior storage on the premises of material used in the home occupation. 7) There shall be no noise, vibration, smoke, dust, odor, heat, or glare noticeable at or beyond the property line, as a result of the home occupation. 8) A home occupation shall not generate significant vehicular traffic in excess of that typically generated by residential dwellings. No parking or storage of commercial vehicles shall be permitted on the site. 1.7 -8 rev. 17. 305. Tntcr!Y tc Lion. For purposes of this Section, provided that all requi_eiricnts prescrij)ed herein are met, the foilovrino by `Jay of example shall sac considered home occupations: 1) Activities conducted principally by telephone or mail order. 2) Studios and activities producing light handcrafts or objects or art. 3) Teaching, and tutoring instruction iinnited to wo pupils at a time. 4) Dressmaking or apparel alterations. A home occupation shall not include: a clinic, funeral home, nursing home, tea room, restaurant, antique shop, veterinarian's office, or any similar use. 17.306. Revocation or Discontinuance. A home occupation permit may be revoked by the Zoning Administrator if he determines that the provisions of this section or the limitations prescribed as a- condition of the permit are being violated. 17 -9 Areas categorized according to type of possible impact shall be identified. The environmental inventory shall describe both the physical and biological natural setting, and the man -made setting of the site and its surroundings. The Fhvironmental Impact Report shall include a comprehensive, qualitative and quantitative analysis of any significant impact that the proposed project will have on the environment. The analysis shall describe temporary effects that will prevail during construction, and long term effects that will prevail after completion. 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 portion of the Environ- mental Impact Report shall fully assess the following items.: 1) Adverse effects which cannot be avoided if the proposal is implemented. 2) Mitigation measures proposed to minimize the impact. 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 project. 16-9 Section 16.400 Preparation, Form, Content, Time Schedule, and Fee 16.401. Studies and Data. The Environmental Impact Report shall be based on systematic studies conducted by the Town staff or by professional consultants, as determined by the Zoning Administrator. The Environmental Impact Report on a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to develop the technical data for an Envir- onmental Impact Report includes the following natural systems and other studies: 1) Hydrologic conditions, such as surface drainage and water - shed 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 land forms, slope, soil characteristics, potential hazards, and any potential 16 -5 rev. C C C- C C changes or impacts. 4) Biotic conditions, such as vegetative characteristics, wildlife habitats, and 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, compatibility with officially approved land use and open space policies and objectives, and potential changes or 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 characteristics such as residential densities, neighborhood patterns, potential displacement of residents or businesses, and potential changes or impacts. 16 -6 rev. The Environmental Impact Report shall summarize the findings and recommendations of the technical and other supporting studies in terms that can be assessed and evaluated by Town officials and the general public. Technical data shall be submitted as sup- porting documentation. Technical data prepared as a part of any other procedure or requirement of this ordinance, or of any other ordinance or federal, state, or Town regulation, also may be used to support an Environmental Impact Report. 16..402. Report Contents: The Environmental Impact Report shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts. The Environmental Impact Report shall include a general statement, 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: 16 -7 rev. 1) Project 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 information 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 other data as will contribute to a clear under- standing of the scale of the project. 5) A list of regulatory or review agencies and the specific regulations to which the project will be subject. 6) ' Copies of subdivision maps, development plans, or other pertinent documents illustrating the proposed project. The Environmental Impact Report shall 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. 16 -8 rev. f 16.403. Additional Materials. The Zoning Achinistrator may further prescribe the form and content of an Environmental Impact Report, setting forth in greater detail the factors to be considered and the mariner in which the report shall be prepared, and may require submis- sion of inform- tion in addition to that required by Section 16.402. 16.404. Ti171e Schedule. The Environmental Impact Report required under this Article shall be prepared within 30 days of the date that plans are submitted for design review as prescribed in Section 15.400, subject to extension of the time period to a maxim= of 90 days by the To%n Council. The time period may be extended to a maximmn of 180 days if seasonal conditions prevent a comprehensive analysis. 16.405. Fee. In the event that the To%%n engages professional consultants to prepare an Environmental Impact Report, the cost shall 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. Section 16.500 Review 16.501. Submission. The Environmental impact Report shall be submitted to the Zoning Administrator. The Zoning Administrator shall prescribe the number of copies to be submitted. The Zoning Administrator shall notify the To:n Council, the Planning Commission, and the Design Review 16 - -10 rev. Board, of receipt of an Environ wntal Impact Report, and shell traiisrrdt copies of the report upon request. Environnxantal In.pact Reports shall be available for public review in the offices of the Town. 16.502. Review. The Town Council shall review the report within 30 days of submission subject to an extension of the time period 30 additional days in order to obtain additional information from the Town staff, fran the sponsor of the project, or the author of any portion of the report. The Council may receive additional statements or supporting materials from the sponsor of a project, from the Town staff, from professional consultants, or from others. Such additional materials may be consi- dered as supplementary or amendatory to the Environmental Impact Report. 16.503. Action by Town Council. Following review of the Environmental Impact Report, the Town Council shall approve, disapp,Tove, or request changes in the project in writing. The Town Council shall approve the project unless it finds that either (a) the project will have significant long term adverse effects on the en« ronment with respect to the natural systems or other factors studied as prescribed in Section 16.401 or (b) the project will have short term adverse effects on the environmr-nt so detrimental that public health, safety or welfare 16-11 rev. considerations preclude approval of the project. In the case of either (a) or (b) 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 Town Council, in writing, shall describe those changes and request those changes be made. If the Town Council determines that such changes are not feasible, it shall dis- approve the project in writing, describing the adverse effects on the environment, the significance of such effects either to the natural systems or other factors studied as prescribed in Section 16.401 or to the public health, safety or welfare and the Town Council's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. If the Town Council requests any changes in the project which .nuld alter the design of the project previously approved by the Design Review Board, and the sponsor of the project makes those changes, the revised design shall be resubmitted to the Design Review Board for its approval unless the Town Council waives this requirement. 16.504. Permit Issuance. Upon approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requirements, permits, or authorizations as may be required by this ordinance and by other applicable ordinances or regulations of the Town. No permits shall be issued and no authorizations shall 16--12 rev. be granted which would allow a project to proceed in the,, event that the Town Council does not grant approval. of the Environi ntal Impact Report after review. No permits shall be issued and no authorizations shall be granted for any project which does not conform substantially to the description of the project contained in the Environmental Impact Report. This section shall not apply to a project for which an Envirom ental Impact Report is not required, as prescribed in Section 16.300. 16 -13 The provisions of this Article shall be effective in all districts, or where specified, in particular districts, and shall be in addition to the regulations prescribed for each district. Section 17.100 Fences, Hedges, Walls, and Screening All accessory uses and structures except fences, hedges, walls, and landscaping, or ground level site development such as walks, drive- ways, and terraces, shall be located within the required minimum required setback lines on each site. Recreational amenities may be exempted by the Design Review Board if they determine that their location is not detrimental environmentally and /or aesthetically. To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over 3 feet in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of 30 feet along each such lot line. Fences, hedges, walls, and landscaping screens, where not restricted by covenant or other legal instrument, shall not exceed 3 feet in 17 -1 rev. C C C r ARTICT'-E 17 SLPPLE.=AL REMIATIONS The provisions of this Article shall be effective in all districts, or where specified, in particular districts, and shall be in addition to the regulations prescribed for each district. Section 17.100 Fences, Hedges, Walls, and Screening All accessory uses and structures except fences, hedges, walls, and landscaping, or ground level site development such as walks, drive- ways, and terraces, shall be located within the required minimum required setback lines on each site. Recreational amenities may be exempted by the Design Review Board if they determine that their location is not detrimental environmentally and /or aesthetically. To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over 3 feet in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of 30 feet along each such lot line. Fences, hedges, walls, and landscaping screens, where not restricted by covenant or other legal instrument, shall not exceed 3 feet in 17 -1 rev. C \ height within any required front setback area and shall not exceed 5 feet in height on any other portion of a site, provided that higher fences, hedges, walls, or landscaping screens may be authorized by the Zoning administrator where necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. Section 17.200 Permitted INceptions to Development Standards The following exceptions shall be permitted to the development standards prescribed for each district. 17.201. Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than 4 feet into a required setback area or into a required distance between buildings. 17.202. Porches,.Ste s, and Decks. Porches, steps, decks or terraces, or similar features located at ground level or within 5 feet of ground level may project not more than 10 feet nor more than one half the minimum required dimension into a required setback area; or may project not more than 5 feet nor more than one fourth the minimum required dimension into a required distance between buildings. 17.2 c C C . A home occupation pc rmit shall become void if not used within 2 months of issuance, or if the use for \.,Mich it v.,as issued is discontinued for a continuous period of 6 months. 17.307, rinpeai. Appeal of any action of the Zoning Administrator in connection with issuance or denial of a home occupation permit or the conditions attached there to may be filed with the Town Council by any resident or property owner within 30 days follotiving such action. In event of appeal the Council, after receiving a report from the Zoning Administrator, may confirm; reverse, or modify the action of the Zoning Administrator. A hearing shall not be required. Failure of the Council to act within 90 clays of the filing of an appeal shall be deemed concurrance in the action of the Zoning Administrator. Section 17.400 Rcmilations Applic ble to Particular. Uscs The following regulations shall be applicable to the uses listed herein in any zone in v.,hich the use is a permitted use or a conditional use. 17. 401. Gasoline Scz•icc Stations. In districts where gasoline service stations are peri.littcu, they shall be subject to the following requirements-. 17 -10 1) All fuel storage taisks shall be completely buried beneath the surface of the ground. 2) All gasoline pumps, lubrication or similar devices, and other service facilities shall be located at least 20 feet from any street right of way line. 3) All servicing of vehicles, except sale of gas and oil and services customarily provided in connection therewith, shall be conducted completely within a structure. 4) All storage of goods shall be completely within a structure. Section 17.500 Sign Regulations All signs shall be regulated in accord with the provisions of Ordinance No. 9 (Series of 1973). The Town Council may by ordinance provide for the administration and enforcement of the provisions of Ordinance No. 9 (Series of 1973) by the Zoning Administrator or other administrative official, and may. provide for review and approval procedures pursuant to Ordinance.-No. 9 (Series of 1973) by the Design Review Board established by this ordinance. 17 -11 C . C. ARTICLE 18 CO \TDITIONAL USE PFR\`.ITS Section 18. t0O Pu-nposcs and Limitations In order to provide the flexibility necessary to achieve the objectives of this ordinance, specified uses are permitted in certain districts subject to the granting of a Conditional Use Permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this ordinance and with respect to their effects on surrounding properties. The'review process prescribed herein is intended to assure compatibility and harmonious development between conditional uses, and surrounding properties, and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of such conditional uses will be in accord with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objec- tives, applications for Conditional Use Permits shall be denied. 18 -1 Section 15.200 Annlication and Rcnuired lr - Ormation Application for a Conditional Use Per.-nit shall be made upon a form provided by the Zoning Administrator. Tl,e application shall be supported by document-s, maps, plans, and other material containing the following information: 1) 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. 2) Legal description, street address, and other identifying data concerning the site, 3) A description of the precise nature of the proposed use and its operating characteristics, and mcasures proposed to make the use compatible with other properties in the vicinity. 4) A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, useable open space, landscaped area, and utilities and drainage features. 1$ -2 5) Prodiminary building flans and elevations sufficient to indicate the dimensions, general appearance, scale, and interior Man of all buildings. 6) Such additional material as the Zoning Administrator may prescribe or the applicant nay submit pertinent to the application and to the findings prerequisite to the issuance of a Conditional Use Permit as prescribed in Section 16.500. Section 18.300 Conditional Use Permit Fee The Town Council shall set a Conditional Use Permit fee schedule sufficient to cover the cost of Tom staff time and other expenses incidental to the review of the application. The fee shall be oa.id at the time of application, and shall not be refundable. Section 18.400 HearinLT Upon receipt of a Conditional Use Permit application, the Planning Commission shall set a date for hearing in accord with Section 21.400. Notice shall be given, and the hearing shall be conducted in accord with Section 21.400. 18 -3 Section 18.500 Action by Planning Commission Within 30 days of the application for a public hearing on a Condi- tional Use Permit, the Planning Commission shall act on the application. The Commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this ordinance, or the Commission may deny the application. A conditonal use permit may be revocable, may be granted for a limited time.period, or may be granted subject to such other conditions as the Comission may prescribe. Conditions may include but shall not be limited to requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvesmnt; regulation of vehicular access and parking, signs, illimdnation, and hours and methods of operation; control of potential nuisances; prescription of standards for mainte- nance of buildings and grounds; and prescription of development schedules. A Conditional Use Permit shall not grant variances, but action on a variance may .be considered concurrently with a Conditional Use Permit application on the same site. Variances shall be granted in accord with the procedure prescribed in Article 19 of this ordinance. km Section 15.600 Cr-Iteria and F4 -dii lns Before acting on a Conditional Use Permit application, the Planning Commission shall consider the following factors with respect to the proposed use: 1) Relationship and impact of the use on development objectives of the 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) Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking arc-is. 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. 18 -5 f ' 6) The Enviroruliental Impact.Rcpo.rt concerning the proposed use, if an Erivironniental Impact Report is rewired by Article 16 of this ordinance. The Planning Commission shall make the following findings before granting a Conditional Use Permit: 1) That the proposed location of the use is in accord with the purposes of this ordinance and the purposes of the 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 will comply with each of the applicable provisions of this ordinance. 18 -6 Section 18.700 Action by Town Council Within 7 days following action of the Planning Commission, its decision shall be transmitted to the applicant and to the Town-, Council. At its next regularly scheduled meeting following receipt of the decision of the Planning Commission, the Town Council shall review the action of the Commission, and may confirm, modify, or reverse its decision. If it deems insufficient information i.s available to provide the basis for a sound decision, the Council roy postpone final action for not more than 20 days, and the Council may, at its option, conduct,: an additional hearing in accord with the pro- visions of Section 21.400. Failure of the Council to act prior to the postponement date it sets shall be deamed approval of the action by the Commission, unless the applicant consents to a time extension. The Town Council shall act in accord with the sane criteria, and shall make the same findings as prescribed in Section 18.500 before granting a Conditional Use Permit. The action of the Council shall becraAlmle final immediately. 18 -7 1 _ 41 - Section 13:800 Permit l,:s3iance and Effect The Zoning; Administrator shall issue a Conditional Use Perna t when action of the Town Council becomes final, subject to such conditions as may be prescribed by the Council, or by the Planning Commission if the Council fails to act. The permit shall lapse if construction is not commenced within one year of the date of issuance and diligently pursued to completion, or if the use for which the permit is granted is not commenced within one year. Section 13.900 Related Permits and Requirements In addition to the conditions which may be prescribed pursuant to this Article, a conditional use shall also be subject to all other procedures, permits, and requirements of this and other applicable ordinances and regulations of the Town. In event of any conflict between the provisions of a Conditional Use Permit and any other permit or requirement, the more restrictive provision shall prevail. U ARTICLE 19 VARIANCES Section 19. 100 Purposes and Limitations In order to prevent or to lessen such practical difficulties and unnecessary physical Hardships inconsistent with the objectives of this ordinance as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations, or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Variances may be granted only with respect. to the development _ standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, useable open space, 19 -1 landscaping and site development, and parking and loading require- ments; or with respect to the provisions of Article 14 of this ordinance governing physical development on a site. The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this ordinance is provided by Article 18 (Conditional Use Permits) and by Section 21,500 Amendments). Section 19.200 Application and Rea uired information Application for a variance shall be made upon a form provided by the Zoning Administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: 1) lame 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. ` 2) Legal description, street address, and other identifying data concerning the site. I9 -2 3) A statement of the precise nature of the variarcc requested, the regulation involved, and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this ordinance that would result from strict or literal interpretation and enforcement of the specified regulation. 4) A site plan showing all existing and proposed features on the site, and on adjoining sites if necessary, pertinent to the variance requested, including site boundaries, required setbacks, building locations and heights, topography and physical features, and similar data. 5) Such additional material as the Zoning Administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance as prescribed in Section 19.600. The Town Council shall set a variance 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 application, and shall not be refundable. 1.9 -3 Section 19.400 Hearin- Upon receipt of a variance application, the Planning Co:rinission shall set a date for hearing in accord with Section 21.400. Notice shall be given, and the hearing shall be conducted in accord with Section 21.400. Section 19.500 Action by Planning Coninission Within 20 days of the closing of a public hearing on a variance application, the Planning Coamiission shall act on the application. The Cortmi_ssion may approve the application as submitted or may approve the application subject to such modifications or conditions as it deem necessary to acca'nplish the purposes of this ordinance, or the Cornnission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the Commission may prescribe. Section 19.600 Criteria and Findings Before acting on a variance application, the Planning Commission shall consider the following factors with respect to the requested variance: 19-4 1) The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2) The degree to which relief fran the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and unifosTrdty of treatment among sites in the vicinity, or to attain the objectives of this ordinance without grant of special privilege. 3) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4) Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning Commission shall make the following findings before granting a variance: 1) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 19 -5 Z) That the grasntina of the variance will not be dctrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3) That the variance is warranted for one or more of the following reasons: a) The strict or literal interpretation and enforce- ment of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this ordinance. b) There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c) The strict or literal interpretation and enforce- ment of the specified regulation would deprive the applicant of privileges enjoyed by the oNr,ners of other properties in the same district. 19 -6 Section 19.700 Action by Town Council Within 7 days following action of the Planning Commission, its decision shall be trananitted to the applicant and to the Town Council. At its next regularly scheduled meeting following receipt of the decision of the Planning C mnission, the Town Council shall review the action of the Commission, and may confirm, modify, or reverse its decision. If it deems insufficient information is avail- able to provide the basis for a sound decision, the Council may post- pone final action for not more than 20 days, and the Council may, at its option, conduct an additional hearing in accord with the provisions of Section 21.400. Failure of the Council to act prior to the post- ponement date it sets shall be deemed approval of the action by the Commission, unless the applicant consents to a time ext"ension. The Town Council shall act in accord with the same criteria, and shall make the same findings as prescribed in Section 19.600 before granting a variance. The action of the Council shall become final inmediately. 19 -7 i 0 Section 19. S00 Issue nce and Efrcct The Zoning Administrator shall issue a variance permit when action of the Town Council becomes final, subject to such conditions as may be prescribed by the Council, or by the Planning Commission if the Council fails to act. The permit shall lapse if construction is not commenced within one year of the date of issuance and diligently pursued to completion. Section 19.900 Related Permits and Requirements In addition to the conditions which may be prescribed pursuant to this Article, any site or use subject to a variance permit shall also be subject to all other procedures, permits, and -requirements of this and other applicable ordinances and regulations of the Town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail. WGIU. CO . S, ST: 'L ;5ARTI` LE ''0 `:O\ LS. , A i ^ 1*l S ri, Sectio;l20.10 ?u_n_ -scs This Article is intended to limit the number and extent of non-conforming uses and structures by Prohibiting or limiting their enlaxgement, their re -establishment after abandonment, and their restoration after substantial destruction. 'While permitting non - conforming uses, structures, and improvements to continue, this Article is intended to limit enlargement, alteration, restoration, or replacement which Mould increase the discrepancy between existing conditions and the development standards prescribed by this ordinance. Section 20.200 Contir_eiarcc Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date of this ordinance may. continue, subject to the limitations prescribed in this Article. Sites, uses, structures, and sit` improvements lawfully authorized by permits or replations existing prior to the effective date of this ordinance may continue, subject to such limitations, as prescribed by such permits or xcgulations. 20-1 Section 20, S00 ton - Conforming Sites Sites la «fully established pursuant to regulations in effect prior to the effective date o.E this ordinance which do not conforn-i to the minimum lot area and dimension requirements prescribed by this ordinance for the district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this ordinance. No such site shall be further reduced in area or dimensions. Section 20,400 Non- Conforminz Uses The use of a site or structure lawfully established prior to the effective date of this ordinance which does not conform to the use regulations prescribed by this ordinance for the district in which it is situated may be continued, provided that no such non - conforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date of this ordinance. Any subsequent reduction in site area or floor area occupied by a non- conforming use shall be deemed a nc%v limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. 20 -2 i Section 20.500 Non-Gonforminz Structures and Site Irnp rovements Structures and site improvements lawfully established prior to the effective date of this ordinance which do not conform to the develop- ment standards prescribed by this ordinance for the district in which ' they are situated may be continued. Such structures or site improve- ments may be enlarged only in accord with the following limitations: 1) Structures or site improvements which do not conform to requirements for setbacks, distances between build- ings, height, building bulk control, or site coverage, may be enlarged, provided that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to such addition. 2) Structures which do not conform to density controls may be enlarged, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the pre - existing non - conforming structure. 20 -3 3) Structures or site improvements which do not conform to requirements for useable open space or landscaping and site develop.,:ent may be enlarged, provided that the useable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement. 4) Structures or site improvements which do not conform to the off - street parking and loading requirements of this ordinance may be enlarged, provided that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the existing Off- street parking and loading facilities and the standards prescribed by this ordinance shall not be increased. Section 20.600 `.aintenance and Renairs Non - conforming uses, structures, and site improvements may be maintained and repaired as necessary for convenient, safe, or efficient operation or use, provided that no such maintenance or 20 -4 i repair shall increase the discrepancy between the use, structure, or site improvement and the development standards prescribed by this ordinance. Section 20.700 Discontinuance Any non - conforming use which is discontinued for a period of 12 months, regardless of any intent to resume operation or use, shall not be resumed thereafter; and any future use of the site or structures thereon shall conform with the provisions of this ordinance. Section 20.800 Chanze of Use A non - conforming use shall not be changed to another non - conforming use unless permission shall have been granted by the Town Council. Prior to gr: nting such permission, the Council shall determine that the proposed use does not substantially differ from the existing non- conforming use in terms of compatibility with the character of the area in which it is located, and the Council shall determine that the proposed use does not increase or aggravate the degree of non- conformity existing prior to any such change of use. 20 -5 Section 20.900 Restoration Whenever a non - conforming use which does not conform with the regulations for the district in which it is located, or a non- conforming structure or site improvement which does not conform with requirements for setbacks, distances between buildings, height, density control, building bulk control, or site coverage, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 per cent or less, the use may be resumed or the structure may be restored, provided that restoration is commenced within 1 year and diligently pursued to completion. When destruction exceeds 50 per cent, or the structure or site improvement is voluntarily razed or removed by law, the structure or site improvement shall not be restored except in full conformity with the development standards prescribed by this ordinance. The extent of damage or partial destruction shall be based upon the ratio of the est:ma.ted cost of restoration to the same condition as prior to such damage or partial destruction, to the estimated cost 20 -6 of duplicating the entire structure as it existed prior thereto. Estimates of cost for this purpose shall be made or reviewed by the Town Manager, shall be approved by the Town Council, and shall be based, on the minimum cost of construction in compliance with the Building Code. 20 -7 rev. ARTICLE ? 1 I tiII \iSTRATIO Section 21.100 Zonin? Ac?:ninistration 21.101. Apointr-,ent. The Town Manager shall appoint a Zoning Administrator who shall administer and enforce this ordinance. The position of Zoning Administrator may be combined with another position of the Town. 21. 102. Duties. The Zoning Administrator shall be responsible for such duties as prescribed in this ordinance, and shall be responsible for enforcement of the zoning regulations. The Zoning Administrator and his deputies shall have the right to enter on any site or to enter any structure for the purpose of investigation or inspection related to any provision of this ordinance, provided that the ridiit of entry shell be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of tlie.otivner or tenant without the written order of a court of competent jurisdiction. The Zoning Administrator may serve notice indicating the nature of any violation, or requiring the removal of any structure or use in violation of this ordinance, on the owner. or.his. authorized agent, b any violation of this ordinance. The Zoning Administrator may call upon the Town Attorney to institute necessary legal proceedings to enforce the provisions of this ordinance, and the Town Attorney hereby is authorized to institute appropriate actions to that end. The Zoning Adhinistrator may call upon the Chief of Police and his authorized agents to assist in the enforcement of this ordinance. 21.103. Appeal of Administrative Actions. Appeal from any adminis- trative action or determination by the Town Manager or the Zoning Administrator pursuant to provisions of this ordinance may be filed with the Town Council by any resident or property owner within 20 days following such action or determination. In event of appeal, the Council, after receiving a report fran the Town Manager or the Zoning Administrator, ina.y confirm, reverse, or modify the action of the Town Manager or the Zoning; Administrator. A hearing shall not be required. Failure of the Council to act within 30 days of the filing of an appeal shall be deemed concurrence in the action of the Tomn ;Manager or the Zoning Administrator. No appeal filed pursuant to this Section shall constitute- an appeal from a decision made by the Design Review Board pursuant to Article 15 21 -2 rev. or a tenant, or on any other person who cam -its or participates in any violation of this ordinance. The Zoning Administrator may call upon the Town Attorney to institute necessary legal proceedings to enforce the provisions of this ordinance, and the Town Attorney hereby is authorized to institute appropriate actions to that end. The Zoning Adhinistrator may call upon the Chief of Police and his authorized agents to assist in the enforcement of this ordinance. 21.103. Appeal of Administrative Actions. Appeal from any adminis- trative action or determination by the Town Manager or the Zoning Administrator pursuant to provisions of this ordinance may be filed with the Town Council by any resident or property owner within 20 days following such action or determination. In event of appeal, the Council, after receiving a report fran the Town Manager or the Zoning Administrator, ina.y confirm, reverse, or modify the action of the Town Manager or the Zoning; Administrator. A hearing shall not be required. Failure of the Council to act within 30 days of the filing of an appeal shall be deemed concurrence in the action of the Tomn ;Manager or the Zoning Administrator. No appeal filed pursuant to this Section shall constitute- an appeal from a decision made by the Design Review Board pursuant to Article 15 21 -2 rev. or a decision made by the planning Commission pursuant to Article 18 or Article 19 of this ordinance. Section 21.200 Determination of Similar Use In order to ensure that the zoning regulations will permit similar uses in certain prescribed commercial zones, the Town Council on its initiative or upon written request shall determine «hether a use not specifically listed as a permitted use shall be deemed a permitted use on the basis of similarity to uses specifically listed. The procedure prescribed in this Section shall not be sub- stituted for the amendment procedure as a means of adding new uses to the lists of permitted uses, but shall be followed to detennine 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 should be deemed a permitted use. The Zoning Administrator, upon request of the Tcr,,n Council, or written request of any person for a determination under this Section, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the 21 -3 Council advising in what respects the proposed use would be in fact similar to specified permitted uses in the same district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other districts. After receipt of the report, the Council may determine the proposed use to be similar to uses specified as permitted uses in the same district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same district. The Council shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same district. Section 21.300 Declaration of Site :allocation Whenever a site used or intended to be used pursuant to the provisions of this ordinance cannot be clearly defined or identified by means of a single lot or record or by portions or combinations thereof, or by other recorded or legally recognized designation, the owner or his authorized agent may file a Declaration of Site Allocation with the Zoning Administrator. 21-4 The Declaration of Site Allocation shall be filed on a form to be provided by tho Zonin, Administrator, and shall be accompanied by a map dra . a to scale indicating the exact location, shape, and dimensions of the site and such other information as may be required by the Zoning Administrator, including existing or proposed struc- tures or improvements on the same or adjoining sites. The Zoning Administrator may require that the Declaration of Site Allocation be sworn to by the owner or owners of the site. No site declared under this section shall be recognized as a useable site pursuant to the provisions of this ordinance if it results in creation of any site or parcel of land which does not fully meet the lot site and dimension requirements of the district in which it is located. The Declaration of Site Allocation procedure shall not be substituted for the procedures prescribed in the Subdivision Ordinance if the site constitutes a portion of a parcel which can be further sub- divided or otherwise is subject to the provisions of the Subdivision Ordinance. 21 -5 i Section 21.400 11ear;r.-s When required by statute or by this ordinance, hearings before the Planning Commission and the Town Council shall b conducted in accord with the provisions of this Section. 21.401, Settine? for Hearing. Upon the filing of an application for a use permitJ or a variance, or a petition for amendment, or upon the filing of any other document or action the disposition of which requires a hearing before either the Planning Commission or the Town Council or both pursuant to this ordinance, the PIanning Commission or the Town Council, as appropriate, shall set a date for the hearing which shall be not more than 30 days from the date of filing of the application or receipt of the document. 21.402. Notice. Not less than fifteen (15) days prior to the date set for the hearing, the Zoning Administrator shall cause a copy of a notice of the time and place of such hearing to be published once in a newspaper of general circulation in the County of Eagle. 21 -b i 21.403. Evicence. The Planning Commission shall base its deter- minations upon statemci -its contained in the application or petition, upon reports from tlhe Town staff or consultants, if any, and upon evidence presented to the Commission at the hearing. The Town Council shall base its determinations upon statements contained in the application or petition, upon reports from the Town staff or consultants, if any, upon evidence submitted to the Planning Com- mission and the recommendations of the Commission, and upon evidence presented to the Council at the hearing. Hearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions, and arguments with respect to the issues entailed, provided that the Planning Commission and the Town Council may limit the taking of evidence to evidence not pre- viously submitted and made a matter of record. Section 2 1. 500 AMOZIci_ Pr-'s The regulations prescribed in this ordinance and the boundaries of the districts shown on the Official Zoning Map may be amended, or repealed by the Town Council .in accord with the procedures prescribed in this Section. 21.501. Initiation. An amendment of the regulations of this ordinance or a change in district boundaries may be initiated by the Town Council on its own motion, by resolution of the Planning Commission, or by petition of any resident or property owner in the Town. A petition for amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by the Zoning Administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district boundaries and a map indicating the existing and proposed district boundaries. The petition also shall include such additional information as prescribed by the Zoning Administrator. 21 -8 21.502. Amendment Fee. The To«n Council shall set a fee schedule for petitions for amendment of the regulations of this ordinance or a change in district boundaries, sufficient to cover the cost of Town staff tine and other expenses incidental to the review of the petition. 21.503. Hearing by Planning Commission. Upon filing of a petition for amendment or upon initiation of an amendment by the Town Council or Planning Commission, the Commission shall set a date for hearing in accord with Section 21.400. Notice shall be given and the hearing0 conducted in accord with the provisions of Section 21.400. 21.504. Planning Commdssion ReconTnenda.tion. Within 20 days of the closing of a public hearing on a proposed amendment, the Plmning Commission shall act on the petition or proposal. The Commission may recor:mend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deans necessary to acccxnplish the purposes of this ordinance, or may recommend denial of the petition or rejection of the proposal. The Commission shall transmit its recamnendation, together with a report on the public hearing and its deliberations and findings, to the Town Council. 21 -9 c c r c 21.505. Hearing by Town Council. Upon receipt of the report and recomry--ndation of the Planning Commission, the Tavn Council shall set a date for hearing in accord with Section 21.400. Notice shall be given and the hearing conducted in accord with the provisions of Section 21.400. 21.506. Action by Toi Council. Within 20 days of the closing of a public hearing on.a proposed amendment, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Platnning Conmission. The Town Council may cause an ordinance to be introduced to amend the regulations of this ordinance or to change district boundaries, either in accord with the recommendation of the Planning Commission or in modified form, or the Council may deny the petition. If the Co,,mcil elects to proceed with an ordinance alrending the regulations or changing district boundaries, or both, the ordinance shall be considered as prescribed by the Charter of the Town of Vail. Section 21.600 Certificates of Zoning gcmpliance It shall be unlawful to use or occupy or to permit the use or occupancy of any building or portion thereof, or site, or both, which may be erected, converted, or altered until a Certificate of Zoning Compliance 21 -10 shall have been issued by the Zoning Administrator certifying that the proposed use conforms to the requirements of this ordinance. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a Certificate of Zoning Compliance, and the Zoning Administrator shall issue the certificate upon ccrnpletion of the work provided that it complies with the requirements of this ordinance. A Certificate of Zoning Compliance may be combined with a building permit, or other perRdt, or may be issued as a separate certificate. The Zoning Administrator shall maintain a record of all Certificates of Zoning Compliance. Section 21.700 Construction and Use as in Plans Building permits and Certificates of Zoning Compliance issued on the basis of plans, a Declarations of Land Allocation, or any permit granted pursuant to this ordinance shall authorize only the use, arrangement, and construction set forth in the plans, Declaration, or permit; and any other use, arrangement, or construction at variance with the plans, Declaration, or permit shall be deemed a violation of this ordinance and punishable as prescribed in Article 1. 21 -11 Section 21.800 Severabilit If any part or provision of this ordinance or the application thereof to any person, property, or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation and direction to the part, provision, section, or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or irVair the integrity or validity of the remainder of this ordinance even without any such part, provision, section, or application. 21, --12 Section 21 .900 Repeal of Prior Ordinances On the effective date of this ordinance, Ordinance No. 7 (Series of 1969), Ordinance No. 8 (Series of 1970), Ordinance No. 15 "Series of 1970), Ordinance No. 3 (Series of 1972) shall be repealed, and any other provisions of ordinances of the Town of Vail previously enacted inconsistent with the provisions of this ordinance shall also be repealed on the effective date of this ordinance. This ordinance shall take affect in accordance with the provisions of the Charter for the Town of Vail. Y INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED THIS ;J day of June, 1973. TOWN OF VAI L E3 Mayor ATTEST: Town Clerk l f I t. INTRODUCED, PASSED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED this `yF day of August, 1973. ATTEST: rI Town Clerk y C C O w N 0 O .Z. O. CD O 0 0 or G Z° m rb r' n CD a O n M m u m aCa m IC,v o cO A+ a C° = s Oft s D G O O "D O R c a mod^+ So m EI I 9.,..' 3 F rya C ] b m a ° ma R a r, a• a• ro m row G Z° m c w CL `° G Q G M m u m a' = p w7 m 0 M e m cO A+ a C° = s Oft s D G O O "D O R c a mod^+ So m o m0r O ' a c as I . c c Q a p°° °, road. Y o n. n a ID m C m w O m b cm m ti g o c 5 0to Sp eD CD cr O W O mR ?C S C a o. o g a'a Ra E =m+ A R. 11 y. M m 4rA O O y O OdyCJD omCCL0. m m --51 y s o. C. m 'a m m R a' CL M ro an C d m 0.0 pm- m pDFa =. m o m y m O , R Rm tea^+ Lt7 r. M CD 10 ID 0 i z y O O y t" G b O O O 4d r C7 a z° 52 The Vail Thu S June 29, 1973 e• her - , V11 construed. and which does not change the front setback areas.' 5 IN t ecifically residential character thereof. U ".hl. Open s • tall ARTICLE 1 Section 1.202 of the Zoning Dwelling, Single family: detached site line measured horizon y to a separation between dwellings shall be,, GENERAL PROVISIONS Ordinance, Town of Vail, Colorado ", building designed for or used ere lotlineorlocationwithinthelot or site required for each 8 feet of building - 9ectlon 1.000 Short Title and Code together with the date of the dwelling exclusively by one famI& As, which establish" the permitted height over 15 feet, calculated on the 'k' adoption of this ordinance and the' an independent housekeeping unit. location of uses, structure*, or hula o1 the average height 0f the two Relarenee date of the most recent change in Dwegng, Two Family: A detached buildings on the site, - buildinge. This ordinance may be cited " "Ilia district boundaries shown thereon - building containing two dwelling Setback Area: The area within a lot 2,504. Height. The maximum heightgainingordinance" fox the Tows, 1 1.203. Changes In the Official Zoning units, deadened for or peed as a or site between a lot or site line and of building. shall be 30 feet. R - Vail, and shall - form and be Map. No chance shall he made in this- dwelling exclusively by two families, the corresponding satlawk line within 2.505. Density Control. Not more 1. - Incorporated Title X11, Chapter I district boundaries or other matter each living u An independent the lot or site.. than 1 dwelling unit shag M xattheMunicipalCodeOfVail, shown an the Official Zoning Map housekeepiU unit. - - Setback Line: A line Or location Permitted on each site, and not more Colorado, otherwise referred to via except by appropriate action of the Dwelling, Multiple Famgy: A build- (thin a lot or site which establishes than 25 square feet of gror Town Cede of VaLL" Town Council in accord with Section ml contofnink three or more dwelling the permitted location of uses, rendenill floor area (GRFA) shall be21,500 of this ordinance. Any such units. Including townbouses, row structures, or buildings on the site. permitted for each 100 square feet of . ARTICLE 1 chapls adopted by the Town Coundl houses, eputmanta and coadomin- Setback Line, Front: The setback, site area , GENERAL PROVISIONS shag be entered on the Official ]um units, designed for or used by line extending the full width of the 2.506. Building Bulk Control. Not Section 7.300 Declaration of Pur- Zoning Map promptly, together with three or more families, each living u site Parallel So and measured from applicable. -- an entry noting the data Of the an ladapendent housekeeping unit, the front lot or site line. 2.507. Site Coverage. Not mrsre thanTheseregulation. arc enacted for the change and a brief description of the Fay; An individual, or two or Setback Line, Side: The setbaek line 25 pea cent of the total -its area shag `` ,• purpose of promoting the health, nature, of the change, which entry more pesons related by blood, exteadina from the front setback life be covered by buildingsIslet}, moral, and general welfare of shall be attested by the Town Clerk - marriage, or adoption, excluding to She rear setback line parallel to 2.505. Useable Open Space. A - _ the Town of Van, and [o Promote The date o! the most recent change domestfe say,"U, nvisig together in a and measured from the side la[ Or minimum of 500 square feet o! the coordinated and harmonious &bas at all times be indicated an any , dwelling unit used as a sAtsgla site gne• useable -open epsce, exclusive Ot `1y4 development a the Town to a copies of the Official Zoning Map housekeeping unit; or a group o not Setback Line, Rear: The setback line required front setback areas, .bag be manner that ill conserve and subsequently morodumd. more than six unrelated persons extending the full width of the site provided at around level for each canner to natural envi serve and 1.204. Replacement of the Official tiring togethos to . dwelling unit used parallel to and measured from the dwelling unit. The minimum dimanenhance, toestablished character u a resort Zo-ing Map. In the event that the u a dngle hautekeealnK waft• rear lot or site line. sion of any —a qualifying as uss•ble and residetial community of high Official Zoning Map becomes dam - Floor AroA: The sum of the Qogs Site Coverage: The portion of a sik open space -shall be 10 fees. ?.. . Cualltp aged, destroyed, lest, or difficult W horizontal Are" of all noozs of a covered by buildings, excluding root 2,600. Landscaping and Site DevslOP These naulatlom Are Intended to interpret Or reproduce because of t1f. building, - including habitable or ox balcony overhangs , measured of meet• At )east SO per amt of eachachieveShefollowingmorespecificnatureornumberofchangesanduseablePenthousesandatticspace, the exterior wall or supporting sits shall be landscaped, - purposes: additions, the Town Council may by but not including vent shafts courts, member of She building at ground 2.510. ParkSnR Ott- strae[ parking f) To provide for adequate reseiut[oa adopt a neq OfficW or other uninhabitable or unumable )-I. &hall be provided in accord with light, air, sanitation, drain- Zoning Map which shall supersede area below Round or In atSitta, and Structure: Anything eomrructed or Article 14 of this ordinance. No age, and public faeBitia.. the prior Official Zoning MAP. The not Including areas designed for exacted with a fixed location on the required parking shall be located in 2) To "cum safety from fix., new Official Zoning Map may correct Parking or loading within the Una, c bill not r transing poles, any requtred setback area, except u _ panic, fiaod, avalanche, drafting or other .man or amisstoas building, fins, cable, or other [ransmusion or may be specifically authorized In accumpl.tion of snow, and in the prior map and may Add as Floor Ares, Residential; The distribution facilities f public accord with Article 19 of Th)s. -.. other dangerous condl- revises street locations, lot designs- total floor area within the enclosing utilltle, or mail boxaa m fight ordinsnea . tiona. . Close, or other like designations, but mega of dwelling units or aecommo- tlStudio: - 3) To promote safe and no arch correction or addition shall datiop unitt, Including closets. "rvtce Studio: A building or Portion a[ a ARTICLE S efficient pedestrian and have the effect of amending the a -gas, and interior walla within the building used as place of work by TWO FAMILY .. vehicular ir.itic clreulatiaa Zoning Ordinance or revising the unite, but excluding balconies, In rtet• fiPhotographer, o o [sm RESIDENTIAL DISTRICT and to lase- epaeestion in boundaries of districts shown On the hallway., corridors, stairwell, go. Section 9. 100 Purposes the streets. prior Official Zoning Map, raga, and service arses outside the provided that no use shall de -- he Two Family Residential District 4) To promote adequate and 1.205, Interpretation of DiAriel dwelling unit or accommodation unit Permitted or no process oI equip -. is intended to provide sites for lowappropriatelylocatedoff- Boundaries, Where uncertainty exists enclosures, and uninhabitable heating meat employed which L objection- density single family or two familystreetparkingAndloadingastotheboundariesofdistrictsAsormechanicalequipmentAreas, able ox injurious [a Dotson* or residential Oses, together with such " t.etgtiea. shown on the Olficlal Zoning Map Grade, on Average Grade: The Property In the vicinity by reason of public facilities As may aPPzOVz1A4el7 5) To conserve end malntabn the following rules shall apply: Average of the Finished ground level odor, hi-ft, dust, smake, cinders, be located in the same district. The established community (1) Boundaries iadle.ud .. as at the midpoint of each of the dirt, re!u" or wastes noise, Two Family Residential District is ' qualities end economic approximately following exterior walla of a strurtum vibration, illumination, glare, undght- intended to ensure adequate light, - i .. vduea. the amtergns of streets Or excluding walk 20 feet m less la line=, or hazard of fire or explosion. air Privacy, and open space !or each - 61 To encourage s barman- rands sboX be construed to length, provided that durance Ise- I) ": The purDO" far which fits, or dwelling rorem sSouste with alngla oils, convenient, workable follow such centerllw. tween the trade usd the [laished structure or Portion thereat u fanny And two family accuv+y. s relationship among Arad - (2T Boundaries Indicated gs ground elevation at the lowest point orraaged, designed. intended, erected, moved. altered. or enlarged. or for and to maintain the desirableuses, consistent with must• Approximately following adjoining the gtructum shall not residential qualities of such sites by - clpal development ab plotted tot line -hall ba eed by man than 25 per ceps the which either a site or structure or establishing appropriate site develop - j jectivea construed As following height limit of tine ditfrloS In which portlOa thereof La or may N meats4edsxds. T) To prevent exceedve pope• such lot une. the structure l located. aecupled or maintained, Section 3.200 Permitted Use P71, To pr irut es c and over- (3) B-u aries bullest.d " Height: The vertical dltasee between Uaeahle.Opm Space: Outdoor space Tha fal(nwia , uses *hen be Punsff- crowding of the land with approximately following the Average grade of a structure and having an average dope of less than 5 ltd: structures- the Town emits *hen be the highest paint of the "rueture. ere per coal, and —.like for outdoor (1) Sings. family residential 3) To safeguard and enhance aonatrned gs following the to the capt" of a flat met, to the Diving or recreational activities, dwenisa.- the Appeareints of the Town gmlta - deck Una of a m.uaird root. Or to that including Patios, terraces, audens, (3) Two family residential Town of Vaa, (4) Boundsrt" in allowed u highest Adme of a aloping roof. lawns, swimming pools, water fea- dwelling. 9) To reserve and P -OtetL parallel to or extend*= of Hams Oeeupatlow. A use conducted tares, or recreation areas, and deck. Section 3.300 Cenditfonal Use. 1" wgdRfe, stream[, erooda, amlartines, lot tin", Tows entirely within a dwelling which 1. oc bafeoslas, but excluding ddvs• The tonowtne eosdiloaal urs shag . hillsides, aa)d other d.- limits, .LmAm gee- heddensal .ad secondary to the use ways, puking arise, access walks, be parrolwad, subject to lsauanee of a arable natural leaturaa gmige line* sbal! be so of the dwelling for dwelling purposes uWity and service areas, and requited Cawditsonal Use Permit in accord n - ( indicated on the Official KKitchen Facilities: Fixtures and ppk•• Oroua4 may, Useable open apace provided at ,sO. the M.P. ssink, stove, and refrigeration and aand accessible from around I...1. Regulations featuxea existing on the LLandscaping: ...led areas and plant AARTICLE 2 eixeurn nces not covered mmeh u walks, decks, patios, terraces, SSection 2.100Purposes of Vail, Colorado C5) above, the Town. ooccupying more than 20 per cent of a ffs intended to provides vies for low Town o district boundaries. tthis awinance, natural or significant tmay appropriately be loated in theSection1.300 Application of Regals- rrock outcroppings, t same district, The Single Family 4 TThe regulations prescribed by this iing, R 1, Ari t V rdistrict. and uses shall he minimum aassociated b ommancy. aseriesof1973) rregulations and shall apply uniformly ooccupancy primarily e a w l!r4 '- - sstructttn, or Area. Except u herein- ffamilies either In accommodation ddesirable residential qualities of such aattar provided, the use o! any lad, uunite or dwelling units, in which She sdevelopment standards. public h lots, the construction or location of aaccommodation units exceeds the SThe following uses shall be permft- l p oil T atximuni, the Provision ofyards A dwelling units. Rod in which all such tted: I oof off- atraet Dorking and l management providing the aecupanl* ddweging&. y i( (10) To auuee adequate open oof the regulations specified herein. tthereof customary hoist services end TThe 2 space, recreation opportun- SSection 1.400Penalty blandCbe permitted, subject to issuance of aities, and other amenities EEvery person, violating any provisloa Lot oe Site: A parcel of l Conditional Use Permit In accord AN O granted bsmundeq obit be punle ! by a use, building, or structure under CChit ordinance: I bid by a line of not more than tthe Provisions of this ordinance and ( 1) Public utility end public - TOWN OF VAIL,,AND PROVID- the growth of an orderly 11300,00, or by Imprisonment for not mmeeting the minimum requirements sservice was. T more than ninety days, or by both oof this ordinance. A lot r dd., TION AND ENFORCEMENT OF Therisonmeot. EEach cconsist of a single lot of and facilities. SAME; CREATING ZONING minimum requirements and shall be sseparate day or any portion thereof pportion of a lot of record, a ( g) Public or private school. DISTRICTS; ESTABLISHING liberally construed u remedial dduring which any violation of this ccombination of iota of me*' or ( 4) Public park and recreationANDCREATINGAZONINGprovisionsinordertoeliminateoroordinanceoceanorcontinuesconati- pportions thereof, or parcel o! land ffacilities. - MAP; ESTABLISHING PARK- ameliorate existing conditions in- ttutee separate offense and upon ddescribed by metes and bounds, ( 5) Ski fibs and taws. ING REQUIR uu E Lot or Site Line, Front= The SSection 2.400 Accessory Una BOARD; CREATING REQUIRE - Districts SSection 1.500 Construction and aadjoining a street which Provides the ppermitted: MENTS FOR ENVIRON- 1.201, Zoning Districts Established. UUsage pprimary access or street address of ( 1) Private greenhouses, too] - MENTAL IMPACT REPORTS; The following districts are hereby WWords used In the present tense tthe site, or adjoining the primary ssheds, playhouses, attached PPROVIDING FOR APPOINT - established: iinclude the future, and vice eras; aaccess from a street to the lot or site. wwages or carports, swjm- MENT OF A F words usedin the.ingular include the LLot or Site Line, Side: The bounduy mming pool, patios, or TRATOR; PROVIDING FOR dential District pplural, and vice versa; the word lline of a lot or Site extending from rrecreation laenlUea c o VARIOUS ADMINISTRATIVE, (2) K Two Family Residential " shall" is mandatory, the word tthe front line towards the opposite o i ttomar0y incidental to sin, REVIEW AND APPEAL PROCE- District - may" is permissive; and whenever rrearmost portion of the site. vvie family residential uses. DURES; PROVIDING FOR THE (3) LDMF Low Density Multi- rreference is made to any portion of LLot or Site Line, Rem: The bounduy ( 2) Home occupations, subject REPEAL OF ORDINANCE NO. ple Family District tthis ordinance the reference applies lline of a lot or site extending tto issuance of a home 7 (Series of 1969), ORDINANCE (4) MDMF Medium Density tto all amendments and additions now bbetween the side lines and forming ooccupation Permit in ec- - NO. S (Series of 1 Section 1.600 Detmitiom oopposite the front line. In event of a - cord with t ORDINANCE NO. uus lot or site having my three lot or oordinance, O1972) : AND SETTING FORTH (6) PA Public Aceommode- ffollowing words and phases shall ssite lines, a line 10 feet in length ( 3) Other uses customarily MATTERS AND DETAILS IN tions Djstriet hhave the specific meaning es here wwithin the lot or site extending iincidental and accessory to RELATION THERETO. (7) CCl Commercial Core 1 ddefined: bbetween the side lines and Parallel to ppermitted or conditional WHEREAS, the Board ofTrustee _ Accommodation Unit: Any room or tthe front line shall be deemed the - uses, and necessary for theDgroupofroomswithoutkitchenrremlineforpurposesofestablishingooperationthereof. twelfth day of May, 1999, enacted District ffacilities designed for or adapted to ssetbacks, SSection 2.500 Development State - Ordinance No. 7 (Series of 1969) u e (9) CSC Commercial Service ooccupancy by guests and seeessible OOffice, Business: An office for the dduds reprehensive xontna ordinance for Center District ffrom common corridors, tvailcs, or cconduct of general business and 22,501 Lot Area and Site Dimensions. the Town of Vail: end thereafter (10) HS Heavy Service. District bbalconies without Passing through sservice activities, such u offices of TThe minimum lot or site area shall be from time to time enacted amend- (11) A Agricultural and Open aanother accommodation unit or rreal estate Insurance agents, 112,500 square feet, and each site meats to said ordinance; and Space District ddwelling unit. - llimit.., secretarial or stenographic sshall have a minimum frontage of 30 WHEREAS, the Town Council for (12) SDl Special Development BBuilding: Any structure having a roof sservices, or offieea for general ffeet. Each site shall be of size and the Town of Vail has determined that 1 District ssupported by columns or walls, or bbusiness activities and transactions, sshape capable of enclosing a square the zoning ordinance end amend- 1.202, Official Zoning Map. The aany other enclosed structure, for the wwhere storage, sale, or dJBPI&y of aarea, SO feet on each side, within Its - neenee thereto for the Town of Vail Town s,1 Va0 is hereby divided into hhousing Or enclosure of PenOn*, mmerchandise on the premises Ocm- bboundaries. should be revised to meet the districts as shown on the Official aanimals, or Property: • ' ppies Is" than 10parcent of the floor 22,502. Setbacks. The minimum front cbanoin. conditions within the Town Zoning Map of the Town of Vag CConvention Facility: A building or eeras• ssetback shall be 20 feet, the _ and to Provide for the orderly smwth which, together with the explanatory pportion thereof designed to Accom- OOffice, Professional: An office for mminimum side setback shall be 10anddevelopmentoftheTown: end material thereon, l hereby adopted mmodate 300 at more persons in tthe practice of a profession, such m ffeet, and the minimum mu setback - WHEREAS, the Town Council by reference and declared to be part aassembly but not including a dining ooffices of physicians, dentists, Isw- sshall be 20 feet, or 10 feet if one side has determined that it is in the ofthis ordinance. mmom or meeting roam in a lodge if yyers, architects, engineers, musicians, ssetback is at least 20 feet; providedinterestofthepublicwelfaretoenactTheOfficialZoningMapshallbessuchdiningroomormeetingroomistteachers, Accountants, and others tthat 1 foot of additionalside and rear anew x'Ong ordinance to provide !(led fn the olfiee o! the Town Clark ddesigned to accommodate Less than wwho through training Are qualified to ssetback shall be required for each 2 for the public health, welfare and and shall be identified by the 3300 Persons"- - pperform services of professional ffeet of building height over 15 feet. Nsafety of the Town: siptature of the Mayor, attested by ] Dwelling Unit: Any room err group of nnature. where storage, sale, or display 22.503. Between Building- NNOW. . ro mso with k occuplea leas then 10 per cent of the dTh CIL FOR THE TOWN OF VAIL. ,This I. to caritty that this I. the ffamily u an Independen, usthoe - ffloor Area ccm an adjoining site shall be 20 feet; -. THAT: - Official Zoning Map referred to in kkeeping URIL' _ SSetback: The distance from a lot or pprovided that 1 foot of additional ' ARTICLE 1 Section 1.202 of the Zoning Dwelling, Single family: detached site line measured horizon y to a separation between dwellings shall be,, GENERAL PROVISIONS Ordinance, Town of Vail, Colorado ", building designed for or used ere lotlineorlocationwithinthelot or site required for each 8 feet of building - 9ectlon 1.000 Short Title and Code together with the date of the dwelling exclusively by one famI& As, which establish" the permitted height over 15 feet, calculated on the 'k' adoption of this ordinance and the' an independent housekeeping unit. location of uses, structure*, or hula o1 the average height 0f the two Relarenee date of the most recent change in Dwegng, Two Family: A detached buildings on the site, - buildinge. This ordinance may be cited " "Ilia district boundaries shown thereon - building containing two dwelling Setback Area: The area within a lot 2,504. Height. The maximum heightgainingordinance" fox the Tows, 1 1.203. Changes In the Official Zoning units, deadened for or peed as a or site between a lot or site line and of building. shall be 30 feet. R - Vail, and shall - form and be Map. No chance shall he made in this- dwelling exclusively by two families, the corresponding satlawk line within 2.505. Density Control. Not more 1. - Incorporated Title X11, Chapter I district boundaries or other matter each living u An independent the lot or site.. than 1 dwelling unit shag M xattheMunicipalCodeOfVail, shown an the Official Zoning Map housekeepiU unit. - - Setback Line: A line Or location Permitted on each site, and not more Colorado, otherwise referred to via except by appropriate action of the Dwelling, Multiple Famgy: A build- (thin a lot or site which establishes than 25 square feet of gror Town Cede of VaLL" Town Council in accord with Section ml contofnink three or more dwelling the permitted location of uses, rendenill floor area (GRFA) shall be21,500 of this ordinance. Any such units. Including townbouses, row structures, or buildings on the site. permitted for each 100 square feet of . ARTICLE 1 chapls adopted by the Town Coundl houses, eputmanta and coadomin- Setback Line, Front: The setback, site area , GENERAL PROVISIONS shag be entered on the Official ]um units, designed for or used by line extending the full width of the 2.506. Building Bulk Control. Not Section 7.300 Declaration of Pur- Zoning Map promptly, together with three or more families, each living u site Parallel So and measured from applicable. -- an entry noting the data Of the an ladapendent housekeeping unit, the front lot or site line. 2.507. Site Coverage. Not mrsre thanTheseregulation. arc enacted for the change and a brief description of the Fay; An individual, or two or Setback Line, Side: The setbaek line 25 pea cent of the total -its area shag `` ,• purpose of promoting the health, nature, of the change, which entry more pesons related by blood, exteadina from the front setback life be covered by buildingsIslet}, moral, and general welfare of shall be attested by the Town Clerk - marriage, or adoption, excluding to She rear setback line parallel to 2.505. Useable Open Space. A - _ the Town of Van, and [o Promote The date o! the most recent change domestfe say,"U, nvisig together in a and measured from the side la[ Or minimum of 500 square feet o! the coordinated and harmonious &bas at all times be indicated an any , dwelling unit used as a sAtsgla site gne• useable -open epsce, exclusive Ot `1y4 development a the Town to a copies of the Official Zoning Map housekeeping unit; or a group o not Setback Line, Rear: The setback line required front setback areas, .bag be manner that ill conserve and subsequently morodumd. more than six unrelated persons extending the full width of the site provided at around level for each canner to natural envi serve and 1.204. Replacement of the Official tiring togethos to . dwelling unit used parallel to and measured from the dwelling unit. The minimum dimanenhance, toestablished character u a resort Zo-ing Map. In the event that the u a dngle hautekeealnK waft• rear lot or site line. sion of any —a qualifying as uss•ble and residetial community of high Official Zoning Map becomes dam - Floor AroA: The sum of the Qogs Site Coverage: The portion of a sik open space -shall be 10 fees. ?.. . Cualltp aged, destroyed, lest, or difficult W horizontal Are" of all noozs of a covered by buildings, excluding root 2,600. Landscaping and Site DevslOP These naulatlom Are Intended to interpret Or reproduce because of t1f. building, - including habitable or ox balcony overhangs , measured of meet• At )east SO per amt of eachachieveShefollowingmorespecificnatureornumberofchangesanduseablePenthousesandatticspace, the exterior wall or supporting sits shall be landscaped, - purposes: additions, the Town Council may by but not including vent shafts courts, member of She building at ground 2.510. ParkSnR Ott- strae[ parking f) To provide for adequate reseiut[oa adopt a neq OfficW or other uninhabitable or unumable )-I. &hall be provided in accord with light, air, sanitation, drain- Zoning Map which shall supersede area below Round or In atSitta, and Structure: Anything eomrructed or Article 14 of this ordinance. No age, and public faeBitia.. the prior Official Zoning MAP. The not Including areas designed for exacted with a fixed location on the required parking shall be located in 2) To "cum safety from fix., new Official Zoning Map may correct Parking or loading within the Una, c bill not r transing poles, any requtred setback area, except u _ panic, fiaod, avalanche, drafting or other .man or amisstoas building, fins, cable, or other [ransmusion or may be specifically authorized In accumpl.tion of snow, and in the prior map and may Add as Floor Ares, Residential; The distribution facilities f public accord with Article 19 of Th)s. -.. other dangerous condl- revises street locations, lot designs- total floor area within the enclosing utilltle, or mail boxaa m fight ordinsnea . tiona. . Close, or other like designations, but mega of dwelling units or aecommo- tl Studio: - 3) To promote safe and no arch correction or addition shall datiop unitt, Including closets. "rvtce Studio: A building or Portion a[ a ARTICLE S efficient pedestrian and have the effect of amending the a -gas, and interior walla within the building used as place of work by TWO FAMILY .. vehicular ir.itic clreulatiaa Zoning Ordinance or revising the unite, but excluding balconies, In rtet• fiPhotographer, o o [sm RESIDENTIAL DISTRICT and to lase- epaeestion in boundaries of districts shown On the hallway., corridors, stairwell, go. Section 9. 100 Purposes the streets. prior Official Zoning Map, raga, and service arses outside the provided that no use shall de -- he Two Family Residential District 4) To promote adequate and 1.205, Interpretation of DiAriel dwelling unit or accommodation unit Permitted or no process oI equip -. is intended to provide sites for lowappropriatelylocatedoff- Boundaries, Where uncertainty exists enclosures, and uninhabitable heating meat employed which L objection- density single family or two familystreetparkingAndloadingastotheboundariesofdistrictsAsormechanicalequipmentAreas, able ox injurious [a Dotson* or residential Oses, together with such " t.etgtiea. shown on the Olficlal Zoning Map Grade, on Average Grade: The Property In the vicinity by reason of public facilities As may aPPzOVz1A4el7 5) To conserve end malntabn the following rules shall apply: Average of the Finished ground level odor, hi-ft, dust, smake, cinders, be located in the same district. The established community (1) Boundaries iadle.ud .. as at the midpoint of each of the dirt, re!u" or wastes noise, Two Family Residential District is ' qualities end economic approximately following exterior walla of a strurtum vibration, illumination, glare, undght- intended to ensure adequate light, - i .. vduea. the amtergns of streets Or excluding walk 20 feet m less la line=, or hazard of fire or explosion. air Privacy, and open space !or each - 61 To encourage s barman- rands sboX be construed to length, provided that durance Ise- I) ": The purDO" far which fits, or dwelling rorem sSouste with alngla oils, convenient, workable follow such centerllw. tween the trade usd the [laished structure or Portion thereat u fanny And two family accuv+y. s relationship among Arad - (2T Boundaries Indicated gs ground elevation at the lowest point orraaged, designed. intended, erected, moved. altered. or enlarged. or for and to maintain the desirableuses, consistent with must• Approximately following adjoining the gtructum shall not residential qualities of such sites by - clpal development ab plotted tot line -hall ba eed by man than 25 per ceps the which either a site or structure or establishing appropriate site develop - j jectivea construed As following height limit of tine ditfrloS In which portlOa thereof La or may N meats4edsxds. T) To prevent exceedve pope• such lot une. the structure l located. aecupled or maintained, Section 3.200 Permitted Use P71, To pr irut es c and over- (3) B-u aries bullest.d " Height: The vertical dltasee between Uaeahle.Opm Space: Outdoor space Tha fal(nwia , uses *hen be Punsff- crowding of the land with approximately following the Average grade of a structure and having an average dope of less than 5 ltd: structures- the Town emits *hen be the highest paint of the "rueture. ere per coal, and —.like for outdoor (1) Sings. family residential 3) To safeguard and enhance aonatrned gs following the to the capt" of a flat met, to the Diving or recreational activities, dwenisa.- the Appeareints of the Town gmlta - deck Una of a m.uaird root. Or to that including Patios, terraces, audens, (3) Two family residential Town of Vaa, (4) Boundsrt" in allowed u highest Adme of a aloping roof. lawns, swimming pools, water fea- dwelling. 9) To reserve and P -OtetL parallel to or extend*= of Hams Oeeupatlow. A use conducted tares, or recreation areas, and deck. Section 3.300 Cenditfonal Use. 1" wgdRfe, stream[, erooda, amlartines, lot tin", Tows entirely within a dwelling which 1. oc bafeoslas, but excluding ddvs• The tonowtne eosdiloaal urs shag . hillsides, aa)d other d.- limits, .LmAm gee- heddensal .ad secondary to the use ways, puking arise, access walks, be parrolwad, subject to lsauanee of a arable natural leaturaa gmige line* sbal! be so of the dwelling for dwelling purposes uWity and service areas, and requited Cawditsonal Use Permit in accord Jq[i! 973 F sel '"maim IS of lr me nor Lion2) oeeupatof home Cre on facilities a, racreatl, M W so" a" lames to issuance of a hometoLa permit . idau pe& tott*d residentialentialal ew, per• xmideniala YiYllsmgs, weemets, Caruwtaam mcordwiththe0at t isSedfan17.900 of thin Home Occupations, su2) Nome an.. at subjecttolwumceo! home rW sehaols ar PrtLa gash sad remealtoe ordiunce, 3) Other uses customarily incidental and accessary to accuPatio. Permit in se- cord with the Provisions of Section 17,800 of this is) get hfsa and tow, gsotlsa Le00 Assamorr Us" 7'he tsgowMe aremory trace shall be18 permltud or conditional and ...eas.ry tar the operation thereof, rdina - 43) Other use. customarily incidental and accessory toTime S) Privaw ar —ab. —. toot• sheds, puybetames, attached Sectl.. 4.500 Development Stan• dard.. 4.501- Lot Area and Site Dimensions. permitted w eanditianal we., and necessary for the operation thereof, aara&m as carports, swim- The minimum lot or site area shall be wins pools, patios, w 10.000 egware feet, and each sitee.emien i e lties cur shall have a minimum frontage of 30 tamartly Incidental to sin- feet. Each site shall be of s size and d. family and two family shape capable of enclosing a square residential uses. are., 80 feet on each aid_ e, within its 2) Home o«upetice., subject boundaries. W issuance of a home 4.502. Setbacks. The minimum front Pat= Permit to ac- setback shah be 20 feet, the cord with the provisions of minimum side setback shall be 10 Section 17.300 of this feet, and the minimum rear setback orAWmca. - shall be 10 feet; provided that I toot 9) Other ones customarily of additional side and nor setback incidental and accessory to shall he required for each 2 feet of petmitted or conditions] building height over 15 feet. urea, and necessary for the 4.503. Distances Between Buildings, operation thereof. The minimum distance between Section 3.500 Development Stan- dwellings on the same site shall be 15 duds. feet, and the minimum diatanee 3.601. Lot Areaand Site Dimensions, between a dwelling on a site and aTheminimumletorsiteareashallbedwellingonanadjoiningriteshellbe15,000 square feet, and each site 20 feet; provided that 1 foot of shall have a minimum frontage of 30 additional separation between dwell- faet. Each site $bas he of a oft. and im s shall be required for each 2 feet hape pable of enclosing a square Of building height over 15 feet, area, 80 feet On each side, within its calculated on the basis of the avengeboundaries., height ofthe two buildings. 3.502. Setbacks. The minimum hunt 4.504. Height. The maximum heightsetbackshallbe20feet, the of buildings shall be 85 feet. minimum aide setback shall be 10 4.505. Density Control. Not morefeet, and the minimum rear setback than 1 dwellma unit shall beshelfbe20feet, or10 feet if one side permitted for each 3,600 square tea[ etsetbacktiatleast20feet: Provided O[ site area, and not more thesethat1tootofadditionalaideandrearsquarefeetofgrossresidentialfloor setback shall be required for each 2 area (GRFA) shall be permitted for feet of building height over 15 feet. each 100 square feet of site area. 3503. Distances Between Buildtag. 4.506. Building Bulk Control. TheTheminimumdistancebetweenamaximumlengthofanywasordwellingonasiteandadwellingonbuildingfaceshallbe125feet, and as adjoining site shall be 20 feet; building walls shall be off set to a provided that 1 foot of additional depth of at least 10feet at least one. separation between dwellings shall be for each 50 feet of wait length, The required for each 2 feet of building maximum distance between any twoheightover15feet, calculated on the of a building at the sameboasoftheaverageheightofthetwoelevationshallbe160feet. buildings. - 4.507. Site Coverage. Nat more than 3.604, Height. The maximum height 35 per cent of the total site area shallofbuildingsshallbe30feet. be covered by buildings. 505. DensityDensity Contl. Not more 4,508. Useable Open Space. A than 2 dwelling units in a single minimum of 250 square feet of structure shall be permitted on each useable open space exclusive ofsite, and not more than 25 square required front setback areas .ball befeetofWonresidentialfloorareaprovidedatgroundlevelforeachGRFA) shall be permitted for each dwelling unit. Useable opro space100squarefeetofsite .tea, may be common space aec.aible to 5.506. Building Bulk Control, Not mom than one dwelling unit, oir mayapplicable. be private space accessible to separate3.507, Site Coverage. Not more than dwelling units, or a combination25percentofthetotalSiteareashallthereof. At least 60 per cent of thebecoveredbybuildings, irrequired ground level useable pen3.509. Useable Open Space. A Pace Wall bee man space. minimum of 600 square feet ofCt minimum dimension of any areaeseableopen- space exclusive qualifying a ground level useablerequiredfrontsetback '""shall be open space shall be 10 feet. Provided at grand level for a angle 4.'409. LandscaPins and Site Develop - family dwelling, A minimum Of 350 meant. At least 40 par cant at eachequatefeetofusableopenspacesiteshallbelandscaped, . exclusive of required !rant setback 4$10. Parking. Off - street parkingseasshellbeprovidedatgroundshallbeprovidedInaccordwithlevelforeachdwellingunitOfofatwoArticle14ofthisordinance. Atlarfamilydwelling. The minimum one -half the required parking shall bedimensionofanyareaqualifyingaslocatedwithinthemainbuildingorueasbieopenspaceshallbe10feet. buildings, or within ancewory Wages3.509. Landscaping and Site Develop- or carports No puking shall bemt. At least 60 per Cent of each, located in say requited front setbackalto 'bell be landscaped- area, except u may be specifically3.510. Parking. Off-wet Puking authO1d d in accord with Article 19hallbeProvidedinaccordwithofthisordinance. Article 14 Of this ordinaries. No required parkins shall be located In any required setback ern, except as MEDIUM DENSITY - . may be spedrie ily authorized in MULTIPLE FAMILY accost with Article 19 or this- DISTRICT ordinance. Section 5.100 Purposes ARTICLE 4 The Medium D*naity Multiple Family LOW DENSITY District I. intended tar Provide d"s MULTIPLE FAMILY for multiple family dwelling at DISTRICT densitiesranging generally from 15 to Section 4.100 Purposes 80 dwelling unite per acs, together with suchpublic heflitieaandBattedTheLowDensityMultipleFamilyprodfeaomlofficesandmedkelDi.triet k intended to Provide mites facilities as Way sPli otetiately beforland. family, two family. and located in the tame d4trict. ThemultiplefamilydwellingatadensityMediumDensityMultipleFamilynotuceeding12dwellingunitsPerDistrictisIntendedtoensure am. together with web public adequate light, air. open apace. andfacilitiesamayappropriatelyheotheramenitiescommensuratewithIocatedinthesamedistrict. The Low multiple family occupancy, and toDensityMultlpfe . Family District h maintain the desirable residential intended to enure adequate light, qualities of the district by mt bijW- air, Privacy, and open space for each tug appropriate site developmentdwellingcommeawrmtewithlowktandmrdsCertainnon - residentialdecityoccupancy, and to maintain saes ace permitted g eomelltionelthedesirableresidentialqualitiesofarms, and when perm repermittedathedistrictbye&tabliWing spewed- Intended to bland harmoniously withatesitedevelopmentstandardstheragidentialcharebtuofthe Section 4.200 Permitted Uses district. The following w,,, than be permit- Section 6.200 Permitted Uses ted. The following u*es than be peruait- 1) Single family residential dwellings: 2) Two family residential dwelling, 3) Multiple tamlty residential dwellinsL including at- tached m row dwelling& and cobeaminium dwell. inns. Section 4,a00 Conditional Uses The following eondWossal uses stall be Permitted, subjecttoissuance ofa Conditional Use Permit In accord with the provisions of Azad. 16 of this ordirimeen 1) Public utility and Pubic service use. 2) Public building, groamdLandfacilities 3) Public or private schools. 4) Public park and ractilation facilities. 5) Ski liftsend tows Sections 4.400 Accessary UsesThefoliowhuaccessoryuses &hall be lstrmltfW1) Private greenhouses, tool- sheds, playboumes, attached garages or CaMortL Swim- mlug pools, PstioL ortimfacilitiescur tomarily Incidentel to sin• W family, two family, or low density multiple farm. 1 i r Y -vr'. td: 1) mi, tually residential dwautog 2) Two family residential dwellinµ 8) dwellings. Multiple includingeo Wenforbadarmwdwellings and condominium dwell. ing. Section 6.300Conditio -a Uses The following copditonal tie" shall be Permitted, subject to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Professional offices 2) Hospital, medical and dental clin)e., and medical eaten. 8) Public utility and public service uses 4) Public buflding, Bonds, and facilities. 5) Public or Private schools. 6) Public Park and recreation tuihtteL 7) Ski lift. and tows Section 5.400 Accessary Uses The following ancemary uses Was be permitted; 1) Private gromhenuies, too[- sheds. Playhouses, attached weans or oupons. swim, Section 5.500 Development Stan- dards. 5,501. Let Area and Site Dimensions. The minimum lot or site use shall be 10,000 square feet, and each alto hall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square anva, 80 feet on each side, within itsboundaries. 6.602. Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum mar setback shall be 10 feet; provided that 1 toot of additional front, side, and rear setback shell be required for each 2 feet of building height over 15 feet. 5.508. Distances Between Buildings. The minimum distance between buildings on the same site &.hall be 15 feet, and the minimum distance between a building an a site and a building on an adjoining site shall be 20 feet; provided that 1 foot of additional separation between bofld. Lags shell be xquimd for each 2 feet of building height over 15 feet, calculated on the basis of the average height ai the two buildings. 5.604. Height. The maximum height of buildings shall be 35 feet. 5.505. Density Control. Not more than 35 square feet of gross residential floorama(GRFA).hall he Permitted for each 100square feet of site area. 5.508. Building Bulk Control. The maximum length of any wall or building (ace shall be 125 feet, andbuildinawallsshallbeoff $et to a depth of at lest 10 feetat least once for each 50 feet of wall length. The maximum distance between any two corners of building at the same elevationshall be 160 feet, 5.507. Site Coverage. Not more than 45 per cent of the to.] site areashall be covered by buildings. 5.508. Useable Open Space. A minimum of I square foot ofuseable OPen space shall be provided for each 4 feet of gross residential floor area, but not lea than 150 square feet of useable open space per dwellingunit. Useable open eput may be common space accessible to mom than one dwelling unit, or may be private space accessible to separate dwelling units, or a combination thueot, At taut ..,haltthe required weahie open apace •hall be provided at ground level, exclusive of required front setback arses. At least 75 Per Cent of the required ground level useable opeo space shall be &Ommom space. The minimum dimension of my area qualifying g ground Level uaeahim open space shall be 10 feet. Not more than one-half of the uaesble open apace requirement may be satisfied by balconies or roof decks. The minimum dimension of my area qualifying as non aasu d level useable open span. shall be 5 feet, and any such arms shall containatlest60sgaumfeet. 5,509. Landscaping and Site Develop- ment At least 30 per cent of the total site area *hall be Landscaped. 6.510. Parking, Off - street pukingshallbeprovidedinaccordwith Article 14 of this Ordinance. At leant as -half the required parkingshall ba located within the main building or batidlug, Or, within attached sweeps or carports No parking shall be located In my required front setback axx ARTICLE q - HIGH DENSITY MULTIPLE FAMILY DISTRCIT Section 6.100 ParposaL The High Density Multiple FamilyDistrictLintendedtoprovidertestotmultiplefamilydwellingat densities ranging from 26 to 50 dwelling units par mem together with each public and semi-public hcilitieg, Limited Professional offices tad medical t cillties, and lodges, private recreation hdlitfes, and related viatorwmimtd.uaes as may appropri- ately be locattd an the same district The High Density Multiple Family District L intended to annum adequate light air, -Pm apace, and Other amenitiea commeasomte with high denaty apartment, condomin. fnm, and lodge use, and to maIntaln fit. dearable residential and must qualities of the district by establish. ing appropriate site development standards. Certain eon- maddentht was. ate Permitted asconditional uses hick relate to the nature of vW as e winter end summer recreation and vaoatiam community, where permit ted are Intended to blend harmoni- OwI7 with the maidentlal characterfthedistrict. Section 8.200 Permitted Uses The following use, •hall be permit- led: 1) Multiple family residential dwelling., including at- tubed or row dwellings and eeerdnmirdum dwd- lings. 2) sory ..tmg, dridnking, rears- aif..", or retail establish. ments located within the principal we and not occupying carm than 10 Per real of the total grow floor area of the main structure or structures an the site. Additional aeoem- sory dining area may be located an an outdoor deck. porch, or weraee- Sertlon &300 Conditional UresThetoOOwIn( candlfional uses Well be permitted, subject u issuance o! a Conditional Use Permit in accord with the privisone of Article 18 of this ordinance: U) PlOfemtan.l offices 2) Hospitals, medical and dental Clinics, and medical eaters. 3) Private clubs and civic cultural, and fraternal ar- garhizetions 4) Ski lifts and tows. 5) Public ar commercial park- ing facilities or structures. 6) Public transportation ter- minals. 7) Public utility and public service uses. 8) Public buildinµ Sounds, and facilities, 9) Public or Private schools. 10) Public park and recreationfacilities. 11) Churches. Section 6.400 Accessory Uses The following accessory use, shall be Permitted: 1) Private greenhouse., tool. sheds, Playhouses, attached garages or carports, swim- ming pools, Patios, or recreation facilities cus- tamar0y incidental to per- mfiled residential endlodgeuse 2) Home occupations, subject to issuance of a home InOccupationpermit cord with theprovisions of Section 17,800 of this ordieianee, 3) Other use. Customarily incidental and ucemry to permitted or conditional uses, and necessary for the Aeration thereof. Section 6.500 Development Stan- dards, 6.501. Lot Area and Site Dimension. The minimum lot or site area shall be 10,000 square feet, and each site shell have a minimum frontage of 30 feet. Each site shall be of a sire and shape capable of enclosing a'square area,. 80 feet on each aide, within itsboundaries 6.fi02, Setbacks. The minimum front setback shall be 10 feet, the minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet; provided that 1 feet of additional front, side, and rear setback shall be required for each 2 feet of building height over 15 feet. 6.503. Distances Between Buildings. The minimum distance between bundlnss on the same siteshall be 15test, and the minimum distance between a building oil a site and abuildingonanadjoiningsiteshallbe 20 feet; provided that I foot of additional "Paratlon between build - Loss shall be required for each 2 feet of building height' over 15 feet, calculated on the basis of the avenge height of the two butldiny, 41.504. Height. The maximum height of building Wan be 45 feet, 6.505. Density Control, Not more than 60 square feet of gross residentialfloorarcs (GRFA) shall be Permitted for each 100 square feet of site arse 6.606. Building Bulk Control. The maximum length of gay was Or building face shall be 116 feet, and building walla ,hall be off set to a depth of at least 10feet atleast nee for each 70 feat of wall length. The maximum distance between any two earners of building at the same elevation shall be 226 feat 41.607. Site Coverage. Not more than 65 par Cent of the toal site area shelf be covered by building 43.508. Umatilla Open S. pace. Useable Open apace for multiple familydwellingandlodgesshallberequited asfollows: _ 1) For dwelling unity a mfafmu n of 1 square feet of useable, open .pace shall be provided for each 4 feet of grew residential noor area, but not law than 150 square feetof useable opeo spmo per dwelling unit. 2) For accommodation units, a redrdmum of I squaw Inc& of useable open space, shall be Provided for each 4 feet of grow reddestial floor arms, but mt less tban 100 square feet of uacable open spade Per accommodation unit. Useable open opens, may be common space accessible to more than aria dwelling or accommodation unit, ce may be Private mpace accessible to separate dwelling or accommodation unit&, or a Conala at(on thereof. At lead one-halfthe required usable open space Wall be provided at Round level, exclusive of required front setback uses. At lead 76 Per cent of the required Round level useable opm space shall he common space. The mfmlmum dimension of any ana qualifying ex ground level namable cram space shall be 10 het. Not move than one -half of the uoamble opm space requirement may be satisfied by balcord" or root decks. The minimum dimension of my area qualifying as non -poundlevelusableopenapaceWa11be5 feet, and my much area shell Contain at lewd- 60 square feet 6.509. Landscaping and Site Develop - mmt At least 80 per coat Of the total sitearea studl be landscaped. 510. Parking and Loading. Off- street Parking and loading Wall be provided to secard with Article 14 of this ordinance. At least 75 per cant of the required parkins shall be located within the main building or buildings. No Puking or loading area hall be located In my required front setback azes ARTICLE 7 PUBLIC ACCOMMODATION The Vail _1 53 DISTRICT Section 7.100 purposes. The Public Accommodation District h intended to provide sites forludges and residential accommodations for visitors, together with such public and semi - public tacihtfes and limited prafeaional offices, and medical facilities, and private reeteation, and related visitor-ormarted uses w may appropriately be located in the same district, The Public Accemmodetian District is intended to ensure adequate light, air, open space, and other amenities c emucate withlodgeuses, and otommaintain the desirable resort qualities of the district by establishing appropriate site development standards, Addi- tional non- residential usesarc permit- ted as rsdition.l uses which enhance the nature of Vail me winter and summer recreation and vacation Community, and where Permitted ara intended to function compatibly with the high density lodging character of the district. Section 7.200 Permitted Uses. The following was shall be permit - td: 1) Lodges, including seees- a y eating, drinking, xcre- stional, or retell Cash' lishments located within theepricelp.l use and not ueying mom than 20 Par cant of the total gross floor axe of the main structure or structures on the site. Additional "C's' so" dining areas may be located on m outdoor deck, porch, or terrece, Section 7.300 Conditional Uaea The following conditional was shall be permitted, subject to issuance of aConditionalUsePermitinaccord with the provisions of Article 18 of this ordinance: 1) Ptfesdonal and business file". 2) Hospitals, medical and dental clinics, and medical center.. 3) Private club. and civic, cultural, and fraternal or, ganizations. 4) Ski lifts and tows. 5) Theaters, meeting moms, and convention facilities. 6) Public or commercial park. ing facilities Or structure.. 7) Public transportation ter- minals. 8) Public utility and public service uses. 9) Public buildings, grounds, and facilities, 10) Public or private schools. 11) Public park end recreation facilities. 12) Churches. Section 7.400 Accessory Uses The following accessory use. shelf be permitted: 1) Swimming pool, tennis courts, patios, or other mail" facilities curto.-By incidental to pan mitted Lucia. uses2) Home Occupations, subject to issuance of home occupation permit In ac- cord with the provision. of Section 17,800 of this ordinance. e) Other uses customarily incidental and accessoryto Permitted or conditional uses, and necessary for the operation thereof. Section 7.600 Development Stan - duda 7.501. Lot Area and Site Dimensions The minimum lot car site area &hall be 10,000 square fast: and each site have a minimum frontage ofso feet. Each site shell be of a size and shape savable of enclosing a square use. 80 feat on each aide. within itsboundules,. 7.502. SeLb&eka, The ndnimuse front saLback shell be 10 rest, the minimum dde setback shall be 30 feet, and the minimum roar mtb,,* shall he 10 fqt; provided that 1 root of addltionaj front aide and rear setback shall be required for each 3 feat of building height over 16 femt 7.503. Distances Between BundhWL The minimum a! -t.mae between buildings on the same siteShall be 15 feat, aril the minimum dlstano>f between a building on a alto end m building an an adjoining die shall be20feet; provided that f foot of additional aepantion between bufld- Legs shell be required for each 8 feet of building height over 15 het, Calculated on the bads of the assume, height of the two holdings, 7.504. H *ldrt. The maximum height — of buildingsshall be 45 feet. 7.506. Density Control- Not more LAm 90 squaw het of Boss . residential Coot sae (GRFA) shall be permitted foreach 100 squarefeet of site seem, 7.506. Building Bulk Contra. The, maximum length of an7 all W Wilding face shell be 175 het, and building wank shall be off at to adepthofttNast10feetatleastones for each 70 feel of will length. The maximum distance between any two ceramics of a building at the same elevation shall be 225 het. 7.507: Site Coverage. Not mom than 56 per cant of the total siteareaspan be covered bybuilding, 7.508. Useable Open Space. Unable open space for multiple family, dwellings and lodge shall berequired gfollows: 1) Far dwelling tmBti .a minimum of 1 square 14" Of useable open apace ages be provided foreach 4 bat of Wove residential Ogee amm, but not less the 150 square Lest of nimble .0" space Per dwe finswait 2) For accommodation 111111, a anlm_ at I matlae Continued -- Pane S4 0 40 F] 0 40 6 y W'. e41, f D j 54 ne Vail 'hail Proposed 6) Additional offley,businaas, operated and conducted entirelyrWleeadetarmieed NoWithinabuildingexcept forbepermitteday.NwccZoningOfYemce U . accorddseaineceore with the loadins areas, and, sublect toProvisionfSection From —Page 53 21.2011 of this ordinance. tor, vending stands, klosks, andT) Multiple family residential foot of unable open space dweniags shall be provided for each Lod 4 feet of grow residential Section 8.300 Conditional Uwefloorarea, but not lass The following conditional uses hall than 100 aqugre feet of be Pertaitted,subl ct to issuance of a useable open SPA" Par Conditional Use Permit in "cord accommodation unit, with the provisions of Article 18 of Useable open apace may be common this ordinance: - space accessible to more than one 1) Ski lifts and Iowa, dwelling or accommodation unit, Or 2) Public utility, and public may be private space "eewtble to service uses. separate dwelling or accommodation 3) Public buildings, grouads units, or a combination thereof. and facilities, At least one -half therequired unable 4) Public park and recreation open space shall be provided at facilities. ground level, exclusive of required 5) Theater, meet[ng roo front as anal. At least 75 par and conwnuon eaeiuti« cent of the required Around Is"] Section 8.400 Accessory Uses, unable open space shall be common The following ueenory uses :halt be space. The minimum din mdon of Permitted: any area Qualifying " ground level 1) Swimming pool, tennia umbla open space shall be 10 feet. courts, Police. or other Not more than one-half of the ti.. cut useable open space requirement may refacilities to par, be satisfied by balconln Or root rallied reddantll Or lodge decks- The minimum dimension of urn any area qualifying as nan-SroUnd 2) Outdoor dining areas op. I', useable open op" e shall be 5 elated In cotdunetfon with feet, and any such ate Shag contain Permitted Getting and dxink- atleast bo equate feet• Inc establishments. 7.509, Landscaping and Site Develop- 3) Home mo.Pattona, subject ment. At least 80 per cent of the to low ence of a home total siteone &hail be landscaped, occupation permit in se 7.510. Puking and Leadia , Off- cord With the provlsiarw of street Parking ad landing shall be Section 17,800 of thts Provided In accord with Article 14of ordinance, this ordtuaace.. At least 75 per cent 4) Other uses customarily of the required Parking shall be incidental and accessory to located Within the main building n permitted or conditional buildings, No Perking or loading ae, user, and necessary for the shall be located in MY required front operation thereof, setback are_ Section 8.500 Development Stan, ARTICLE B dards COMMERCIAL CORE 1 8.501. Lot are and Site Dimensions. DISTRICT The minimum lot or site area $ball be Section &loo purposes 6,000 square feet, and each site shell The Commercial Con 1 District is have a minimum frontage o! 80 feet. 8.502, Setbacks. Them shall be GOIntendedtopravldeAtasandtorequiredsetbacks, except a may bemoltatstheuniquecharacterofthemahyahedpursuingtoadevelop - Van Village commercial area, With Its at plan adopted by the TownmixtureoflodgesandcommercialCouncil, as may be required throughestablishments10aPredominately - the deal= review procedure pm. pedestrian environment. The Cam- - scribed by Article 15 of OilsmeretalCoro1Districtisintendedtoordinance, as may be required as aensureadequatelight, air, open condition of m Conditionel Usespace, and other amaWtiea warom[- Permit, or as may be required by theNSAthepusse. ed of Building Code or other applicabledinbuildingsanduses. The dtstriot eves. regulations prescribe site develop, 8.508. Distances Between Buildbnga, ment standards that an intended to There alien be no required distancesensurethemaintenanctandpreserve- between buildings, either on the gamsU.. pf the tlgtrtly clustered site or on two adjoining sites, exceptxrrutsementofbuildingsfrontingonasmaybeGrtabiabedpursuanttoapedestrianwev. and public green• development plan-adopted by theway& and to Saguia continuation of Town Council, as may be requiredthebuildingscaleandueh(teet.ral through the deign review procedureQualitlefthatdistinguishtheVillage. Proscribed by, Article 15 ill thlSection5.200permatted Uses. ordinance. as may be nquj6d as aThefollowingusesshallbepermit- d lo. of a Conditional Use ted: _ 1) Professional Permit, or u may be requited by the and wdio Bwtldmg Code or other applicable 2) Bantu and financial malign- 8.504. Height. The maximum heighttioru. 8) Retao stores and establish- of buildings shall be 35feet. Monte not occupying more 8.505. Density Control, Not momtyro80feetthan8,000 square feet of square of gross residential floor use (GRFA) Shalt beflowarea, Including the permitted !or each loo square feet offollowing: site area. Apparel atomArtsupplyatom and 8.506 Budding Bulk Control. The aalteries maximum length of MY wail or Bakeries and confeo- building tow shall be 125 feet. and tionarie& including building welts .ball be off set to aPreparationofpro- depth of at lout 10 feet at lout oncefardustsloxsalonthefora-b 50 feet of wall Iangth, The premises maximum distance between any two Book store eornare of a building at the same Camara atom and elevetioa ObmB be 160 feat, 8.507. Sits Coverage. Not more than Photographic studios 90 per cent of the total site srsa shallCandystowbecoveredbybuildings. ' Chinaware and glass, 9.508, Useable Op" Span. Unableoranatom Dellcates emS and spa- pen spade for Multiple family Wty food stow - dwelllais lid lodges shail be required Drug stow and phar` as fonbwa: 1) For dwells units, a mnael& Florists - minimum of 1 .411610 toot Gift dory Of us"Wo open space &ball Hobby stores be Provided for each 4 last Household applian" of Boas residential floor star" ate, but at lm than 150 Jewelry star" squat fast of usable OP" Leather Ltoods atom sines: Par dwelling unit. 2) Far accommodation unks. Liquor star a anbad of l aqua" Luggage stores Soot of unable opns spiteMuseandwordthanbeprovidedforeachstoat Newsstands Sod To- 4 feet of pew rwideatW baceo stores floor ate, but Gat tern Photographer studios than 100 squat tort of Radio and television G Sable op" space Per stem and repair accommodation unit. shop* Useable opr apace may be inmmmtSportmsgoods4491" sPaea aceesibb to mare than SotStationaryAomee _, - TOY sto"d dwmltln t or seeommodatie. unit, er may be private *pace a.endble " Variety atom sapemte dwelling w mearamodotimYardagereddryunits, or a combination tberael, goods atomie" 4) Perwoal $$rni6M red repair At lased oa6ddl the required GambleghOPs. IGchG)tr the gal- Open speeS *hall be Provided atgreuadItvt1. exclusive of requiredlowing: trams setback arty At lea t 75 PetBeretahOpsGantofther9qQ%" annaid lawlBeautyShopsnotable .Pen apace shalt be someoneBottomandoiliaestoma. The ondalsousts. dimensionservicemyaayas$a gnsllfytof an pound k" all anasaningandluGdryurmblaopenspans be 10 feet pickup aesnetes with Not more shoe caw -half of the out bull Blaming or walsia OP" *post tegmbosas.t "" dyeing I be saWfl.al. by boYseesr r Feet Small appliancerepds dtaka. Th* ftkA tlsemim d hope. excluding Ws,. any was gsallhlee a& eaa.pomet mlture "Pete Ia**1 otrbla °peat map abelt he 6 TaOor* and tins feet. and Say suck was ak.S ta.aY molttn atInes 50 aquae foot. Travel and Uckse 6.609. Landwaps" and cite Develop, ytnd" mant. At least 10 Per Orel 09 the 5) Reline and drinking stab- total sit* am Shall be land —Pfd. anhment& including the 8.610. Parking and Lotdkg- 0". following: street patkinit and loading shall I's Sakady and d*uC&- with provided in accord with Article 14Atleafone -hAI oftrawxnfood aervic* of intoordinance. the required Puking than be Inrawd stall tcunars, nt;,n the -in hvl!Git>a or hvfin,nInr Hers andbars Nu : 'k :ri or Aare .hope 1 ... Jcd in any r-4.1-1 LYOwt aetlcx fountains Md Need. ans. wish $hope 8.611. Location of Business Activity, R.A.G a.is Alt offleo., buoinesaas, and services June 29, 1873 permitted by Section 8.200 shall be additional separation bet son. build. operated and conducted entirely Ings shall be required tat each 3 feet NoWithinabuildingexcept for of bultding height over 15 feet, permitted ..enclosed or calculated on the bads of theaverage loadins areas, and, sublect to height of the two buildings, approval by the Zoning Adminietn- 9.604. Height. The maximum height tor, vending stands, klosks, and ofbuildings shalt be 45 feet, accessary outdoor dining terreces 9.605. Density Contra). Not more eupying an area not greater than than 80 aQuese fast o1 gross20percentatthebuildingcoverage. residential floor area (GRFA) shall be ARTICLE 9 permitted for each 300 square feet of COMMERCIAL CORE 2 DISTRICT 2° .r*m• 9.806. Building Bulk Con 1. The Purposes. maximum length of any wau or building face shalt be 176 feet, andTheCommercialTheCommercialCore2Districtlbuildingweltsshaltbeoffacttoaintendedtoprovidesite. for a depth o1 at least 10 feet at least oncemixtureofmultipledwellings, 10419", for each 70 feet off lelgth. The and eommeaial "tabl(shments in a maximum dbisiace between any twociustend, unified development. The comets of a building at the ramsCommercialCore2Districtiselevationshallbe220feet, intended to cons" adequate light, 9.607. Site Coverage. Not anon than air, opa..Pace, and other tmenitiea TO per cent of the total site uca shaltParoariatetothepermittedtypesofbecoveredbybuildings. buildings Sad uses, and to maintain 8.608. Useable Qpen Space. Useeblithedesirablequalitiesofthedistrictpenapaceidrmultiplefamilybyestablishingmppmprlatesitedwellingsandlodgesshellberequireddevelopmentstandards. The District u follows: I. intended to apply to the Llonahead portion ofthe Towa, 2) For dwelling units, a Section 9,200 RequimmmG for minimum of 1 square toot Establishment of District. of useable open opera Shalt Prior to the establishment of any be provided for each !ow Commercial Core 2 District w feet of Von residential e.laresment of any existing Commer floor ilea, but not less than 150 square feet ofdelCore2Ltfetrletbychanceofuseableopenspaceperdistrictboundaries, the Town Coux, dwellingunit, ail shall by resolution adopt a_general development plan for the proposed 2) For accommodation unfit. district. The general development a minimum of 1 aquae plan may bePrepared by an applicant toot of useable open space for the establishment of such district bail be provided for tech or may be prepared by the Town. 4 feet of grow residential The development plan shalt be floor .tea, but not loo oubmittted to the Planning Commis, than 100 square feet o[ stop for review, and the Planning useable open space Per Commission shall submit its fiadings accommodation unit. Useable open space may be commonandrecommendationsonsheAlpto the Town CoundL space accessible to of than one The development plan shall show the dwelling or mc.mmodatia. unit, os following information: may be Private space accessible to 1) Existing topography and separate dwelling Or accommodatin. tine cover units, ore combinationthereof. 2) Proposed division of the At least one -half the required useableareaintolotsPrbundl.g open space .halt be provided atsite& and the proposed ground level. exclusive of requiredmettobeestabk.had on front setback areas. At least 75 per each site. cent of the required ground level S) Proposed locations, di- useable open .Pace shail be common menone. and heights ofsi op"*. The minimum dimension of building& on each site, and eny area quality' as {round level the locations of parting unable open apace shalt be 10 fast. end "ding seem Not mom than one -halt of the drives, principal public and cable open .Pare requirement my private open space., and be satisfied by balconies or roof etherlie plan features decks. The m(Wmum dimension Of 4) Relationship of Proposed any area quattlying " oon- ground development on the site to level useable open space shalt be 5developmentonadloiningfeet, and any such area must containdies. at ]east b0 square feet. 5) Such additional informs- 8•8• Landscaping and Site Develep- tion as the Pi..Wne Com- went. At least 20 Per cent of the mission Sad Town Council totalalte area shall be Isndeepud, deem necessary to guide 9.610. Parking and Loading. Oft - development within Use Inal Parkhg apd loading abell be _- Proposed district. provided in "cord with Article 14 of The development Ptaa shall be toad this ordinance. At Sestet one-half tip u a [aide for the subsequent parkins shag b• located development of sites and the design within tthe buOdinR andlocation of buildingsand ground. No PNopuking or loading area shall be, or bathing re located in any tQUttd trout setbackWithinthedltrict. All Plans suhmequmtly approved by the Design area• 9 511. Location ndReviewBoardtoaccordWithArticle 15 of this ordinance shalt substantial- a sett, servicesAlloffices, and services ly conform with the development ailsod tiectasea. shall beoperatedbySecondplanadoptedbytheTownCouncil. conducted entirelyAeratedandons, ex pt forwithin • e, except forSection9.800 Permitted UmPermittedusesshaltbethelime as permitted senclo parking ao that. permitted In the Commercial loadingloading area& and. sudm" toareas, and. approval the Zoning Asks. Core 1 District as prescribed by in sl*r Moak& andandSection6.200 of ti" Ordlpmra*. aeceaccessoryasyin outdoor dining terlaeyRetailstoresandestablishmentsshellileaofpesterthannotoccupymomthan5,000 squaretootoffloorarea. 20 Par cent o aril20Sexcento! the building coye"ge. Section 9.400 Conditional Uses. ARTICLE 10 The following conditional utas shall COMMERCIAL SERVICE CENTER be permitted, aublecttoissuance ofa DISTRICT Conditional Use Permit in accord Section 10.100 pulp.. ; with the provisions of Article 16 of The Commsrcal Service Center this ordinance: District is intended to provide oitp1) Ski lifts and tows for manna shopping and commeeial2) Public utthty and public - facilities serving Use Town, togetheaserviceuses. with limited multiple family dwelling 8) Public bulldhngr, grounds, and )odes um u may beappropriateandfacilities. without interfering with the basic4) Public pant and. recreation meamemlal Wact&GGa of the district. facilities. The Commercial Service Center5) Theaters, meeting moms, + Dlttkt is intended to sawnandconventionfacilities, adequate light, sir, open specs, andSection9.690 Accessory Uses. - other amenities appropriate to The following sccessbry urea shall be permitted ty17Ca of bu0dtaea and P@rmtltsd: -I use& and to maintain a oonveulnt1) Swimming pool, saonli shopping canter environment for sovyy. Patio& or other permitted commercial use, - recreation facilities cars- Section 10.200 Requfnmsats - for tomuily incidental to per Establishment o! District muted residential or lodge prior to She estahlfahmant of anynow. Commemial son Center District2) Outdoor dining areas Op• or aninvemeat of any existingelatedineordudionwithCommercialServiceo ()enter Districtmaedstinganddrink. by Change of district boundaries, theing: keg eetabltshments. Town Councll stag by resolutiona) Home occupation& subject adopt a esao al development plan [as, to Wuanea of a hems the proposed district. The de slop - O"uparlon permit in "• mint plan may be prepared by NsCordwiththeProyWOMSofapplicantfarshesatabliahmatofSection17,800 of this well district or may b. prepared byordinance. 4) Other use customarily the Town. The dseaWperent plan h"Idortal and a.cespry to hall be saineod Wd to the PlanatngCommissionforreview, and thepermittedorconditionalpinmcingCommissionsbanwbmitlatusr,sad necessary fag the findings and wowameaftdonsoo tbaOPMetionthereat. Section 9.600 1).ralopmant State. dada plan to the Town Council. The development Pln shall show theank 11.601- LetAran Sad Bite arema.tlg fn0only information: 11 Eatstiag topography andTMNelnimumlotortltoetashagMbe10.000 -0 a I*et, and each alto S3eeeover- 2) proposed divide. of theshalthenamWmuahoeteesof80geed. Saab site shall be Of a doe and, Slam into lot& m building Amps Capable of sclodas a squaw Asia. Sad the proposed eras, 30 toot a. stake Ads. right. W uses to be mobllh$d reachAte. adwltous tra. a) Proposed 1ssam ne, dlaosso bribe_ whalla beShayM fns& tW oioq ad L*iskis of bandinµ e. ekcb sin, andI"mu lesaWsanmhefiedpont shag be 1afeet, end the a4imum meth? setback the loestsee& of parting iO test: provided 1 rent and loading ana, serer dtlres, i dmlpel oublia eedadditionalaid. of d easel dale. and "as,' pdwN span dp.caa, "A heel se megWG*d for each awild Lb- alt. Par featuresMtOfbuildingh.109 wnrflatofg feel, 4) SelaOe.ohlp of Ps.leveMdiP.8113. Airs nee. Between IltdWiaa& d— lopme.t .. tar siM toTh• r-,lnfnnstn dirtenn bervonn derwlopenanm no adloinsed Permitted es, conditional 1, -•'.' r G t :11 min:mur•0 rtG4at.! Il! Su •b edA,f,,;nai uttor,ea. ' betut'en a budding on a wte and a 400 " the Pim.aa cssi • budding on an ulIoinins site shell be Istlen and Town Ca mad 20 test: prav(dcd that 1 toot of doss e.eetasq to geld. o po. development ctt. . Pro _.,,Let. The development plan Shall be yyasaguidefortheaubseggrdevelopmentfdiesandthedetieandlocationofbuildingsandcroungtwithintheWtriet. AO pleatsubsequentlyapprovedbytheIksiixtReviewBoardinaccordwithArticle 13 of this ordinance dullsubstantial. 1y conform with the development Plan adopted by the Town C .... U. Section 10.300 Permitted Us", The following urea shall be permit- ted: 1) Professional offices, bud - am offices, and studios. 2) Hanks and financial Institu- tions. 3) Retail starve and establish- ments without afoot as to floor area inducting thefollowinci Apparel stores Art supply stores and galleries Bakeries and canfec- ti—eh", Including Preparation of pro- ducts for sale on the premisesBookstory Building material stores without pul- door storage Canters atom and phtogrephic studios Candy atom Chinaware and glass Wax. Stare. Delicatessens and ape- cialty food atom Department and gen- eral merchandise storesDrugatom and phar mutesFloristsFoodatom F.mlture atom Gift stoma Hardware stores Hobby stores Household appliance atom Jewelry stores Leather goods stares LiQUar stores , Luggase atom Music and mard atoms Newsstands and to- bacr0 owns Pot shop. Photographic studios Radio and television stoma and repair shopsRadio and television broadcasting studios Sporting goods atom Stationery stow. Supermaratts Toy stares Variety stem Yardage and ?dry goods atom 4) Pereanal services and repair slope, including the foF.' lowl"; Barber shops Beauty shops Business end Office' nrvicn Cleaning and laundry pickup agencies with. out bull cleaning - or dyeing Cola opelatad or self service laundries Small appliance repair -. shops, excluding fur- Wtum repair - Tailor and d"m `- makerTrawl and ticket aµneael 51 Eating and drinking slab llhmsuts, including the following'- - Bakeries and daltetr t, t with food rrvlcaCocktail lounges. taverns, and but Coffee shops Fountains and wall. wfch ahepe ResYUranta - 6) Additional oflese. busi- non", ar services deter salad to bs similar to , permitted Goes in accord with the provisions of Section 21.200 of able .' ordinance. S*etto. 10.400 C..014a al Uses The foltowhia conditional uses am& be permitted, subject toIssuance ofa Conditional Use Permit in accord With the Provision Of Article IS of this ordinsnear - 1) Sid lifts and tows 42) Multiple tamity dwelling . and lodges. 3) public utility and puble service no$. 4) Public buildings, grounds. spa facilities 6) Public perk and recreation fbCWtis 6y Theater, mesting rooms. Md convention faelBllse. 7) ComawroW laundry and cleaning seMess 8) Any use permitted bySection10.800 which Is pM conducted entirely withina bergSoc"a 10.600 AEGmwY l/sts The following awar.ry uses *hag be Permeta.d: 1) sw'irselns. pool, teeafs eo.ete, Patloa. M auras mseedlen 96*1111m view toraleily ine"Notel to mzr44".89raddwUal or lodes.. grew. 2) Hame o: =PNtoea, sub set to laaua.te of a hoaw . Occupation ponlit in 140 told wKh the provldosu of 4rteh,o 17.300 of thl. rdin +ore. Ig1 00— as v-tomuily Incidental and acceeoryTO Permitted es, conditional rans. red atmesery few the r\ o a Vie' V"', igdan thereat. p Development Stan - a, and Sltt Dimer- itlmum lot or site area p square fee[, and eachminimumfrontagof sw—_ Setbacks. The minimum esde ssetbsetback shall ebe t10 and the minimum rear setbackmastbe10feet: provided that 1 fact H addltonal front, aide, or rearaftbaekshallbeprovidedforeach3 free of build{ng height over 16 feet. 10.(:03. Distances lletween Buildings. The minimum distance between F'A {Idli:a_ an t"— .dame lite shell I% fact, and the minimum distance between a building on a site and a building oa an adjoining site shall be20feet; Provided that 1 foot of additional separation between build- ings shall be required for each 3 feet of building height overo 15 feet, calculated on the basis of the average height of the two buildings. 10.604. Height. The maximum height of buildings shall be 35 feet, 10.605. Density Control. Not mare than 40 square feet of growresidentialBoorgrey (GRFA) shall be permitted for each 100 square feet of site grew, and gross residential Boor area shall not exceed 50 per cent of total building floor -me on any site. 0.806. Building Bulk Control. The maximum length of arty wall or building face shall be 175 feet, endbuildingwallsshallbeoffsettoadepthofatleast10feetatleastonce for each 70 feet of wall length. The rnaxtmum distance between any two come, of building at the same elevation shall be 225 feet. 10.607. Site Coverage. Not mace than 76 per cent of the totalsite area hall becovered by buildings. 10.608. Useable Open Space, Useable Open space for multiple family dwellings and lodges shall be required as 16BPWe: 1) For dwelling units, aminimumofIsquaretoot of useable open space than be provided far each four feet of grow residential, Boor area, but not less than 150 square feet of useable open space per dwelling unit. 2) For accommodation units, minimum of 1 square foot of useable open space ha" be provided far each 4 feet of gross residential floor area, but not lees than 100 square feet 0 useable open space Per accommodation unit. Useable open apace may be common space accessible to more than one dwelling at accommodation Unit, or may be private space accessible to separate dwelling or accommodation . units, or • combination thereof. At least onrhglf the required useable open apace shall be provided at ground ]eval, exclusive of required front setback areas. At lent 75 per cent of the required ground level uae&ble open space shall be common space. The minimum dimension ofanyareaqualifyingasgroundleveluseableopenapaceshallbe10feet. Not more than, one -half of the useable open space requirement may be satisfied by balconies or root decks. The minimum dimension Of any area qualifying as non - groundJavaluseableopenscare -hall be 5 feet. and gray such area must Centel - at least 50square feet. 10.609. Landscaping and Site Daval- oPment. At least 10 Per cent of the totalsite area &hall be landscaped. 10.810. Parking and Loading. Off- street .parking and loading shall beprovidedinaccordwithArticle14of this ordinance. At least one-half therequiredparkingformultipleresi- dence or lodge uses, where Permitted, shell be located within the min building or buildings housing such use. No parking or loading area -hall be located in any required front setback area. ARTICLE 11 HEAVY SERVICE DISTRICT Section 11.100 purpose. The Heavy Service District is intended to provide altos for notomotivrorierited user and for commercial service uses which are not appropriate in Other commercial district. Because of the nature of the uses permitted and their operating charactenstic., appearance, and po- to -tial for generating automotive and truck traffic, a" uses in the Heavy Service Distrito are subject to the conditional Use Permit procedure. 1n granting a Conditional list Permit, the Planning Commission or the Town Council may prexribe more restrictive development standardsthanthestandardsP —ribed for the district in order to Proustadioining uses from adverse InOuences. Section 11.200 Permitted Uses Not applicable. Section 11.300 Conditional Uses The following conditional uses halt be Permitted, subject to sauan.e of a Conditions) Use Perruut in accord with the prwlsiom of Article 18 of thisordinanct: 1) Ski lifts and tows. 2) Animal hospitals and ken- nels. 3) Automotive service sta- LL-pF 4) Building materials supply tors., 5) Commercial laundry and cleaning services. 6) Corporation vards 7) Machine shop. 8) Motor vehicle saes and services. 9) Repair gersge& 10) Repair shop& l lj Tire Wes and services, including retreading and ppim 17 Tt—lag terratrid. and truck reevlce stations. 13) Vehicle storage Yard& 14 Warehouses. 15) Woodwarkins and cabinet shops. 16) Additional commercial services determined to be similar to the foregoing conditional uses in ..cord with the provisions of Section 21.200 of this ordinance, 17) Accessory uses customarily incidental and accessory to the foregoing caadition. a1 uses, and necessary for the operation thereof. Section 11.400 De— l -Pment Stan. The todOwais development standards hall be considered minimum, and mote restrictive standards may be prescribed m conditions of a. Conditions! Use Permit far say use. 11.401. Lot Area and $Ite Dimen- dont. The minimum lot or site area shall be 10,000 square feet, and each site span have a minimum frantaz- of 50 feet, 11,402. Setbacks. The minimumfrontsetbackshallbe30feet, theminimumsidesetback &hall be 10 feet, and the minimum rear setback shall be 10 feet. 11.403. Distances Between, Building& The mi umum distance betweenbutidytgsonthesamesiteshallbe15 feet, and the minimum distance between a building ari a site and a building on an adloining site shall be 20 fees. 11.404. Height. The maximum hcigbt ofbuildingsshall be 35 feet. 11.405, Density Control. Not APPS - cable,. 11.406. Building Bulls Control. The maximum length of my wan or building face shall be 225 feet, and building walls shall be offset to e depth of at least 10 feet at lent once for each SO feet of wall length. The maximum distance between any two carne, of a building at the same elevation shall be 275 feet. 1I.407. Site Coverage. Not more than 75 per cent of the total site area shall be coveredby buildings, 11.408. U.cable Open Space. Not Applicable, 11.409. Landscaping and Site Devel- opment. At least 10 per coat of the total site grew &hall be landscaped. 11.410. Puking and Loading. Off - street par" and loading then be provided in accord with Article 14 of this ordinance. No parkingor loading area shall be located In any required front setback area. 11,411. Location of Business Activi- ty. All offices, hwipesies, and services permitted by Section 11.300 shall be operated and conducted entirely within a building, except forpermittedunanloeedParkingor loading areas and suchother activitiesumaybespecificallyauthorisedto be unenclosed by a conditional use 11.414 Note, No use she" be permitted or conducted in a manner which creates noise. Objectionable by awn of volume, pitch, intermit - tance, or frequency, which is audible at the boundaries of the site. Specificnoiseperformancestandardsmaybe prescribed by a conditional use Permit. ARTICLE 12 - AGRICULTURAL AND OPEN SPACE DISTRICT Section IL1.00 Purposes The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space land& from intensive develop - meat while permitting agricultural_ pursuit. and low density idential use consistent with agricultural andopenspaceobjectives. Parks, schools, sad certain types of private recre- ation facilities and institutions also are suitable uses in the Agricultural and Open Space District. provided that the site. of these uses remain predominately open. Site develop- ment standards are intended to preclude intensive urban develop- ment and to maintain the agricultural and open space characteristics of the district. Section 12.200 Permitted Uses The following uses shall be Permil, red: 1) Single family residential dwellings. 2) Plant and tree nurseries and raising of field, row, and tree crops. 3) Public parks, recreation areas, and apes spacer. Section 1.2.300 Conditional Uses The following conditional use. than be Permitted, subject to Issuance of a Conditional U.e Permit I. accord with the provisions of Article 18 of this ordivoce. 1) Any' use within public parks, recreation area. and open spaces which involves assembly of more than 200personstogetherIn --- bu0di , or group of buildings, or in one recre- ation -ea or other public recitation facility. 2) Public and private schools and colleges. 3) Private soli, tennis, swim- ming and riding clubs, and hia tina and fishing lodges. 4) Semi -public and Lnstit- ti ... I uses such a. can- vents and religious retra.ts. 5) Ski liftsand tows. 6) Keeping of horses, poultry, or livestock, but specifical- Ly excluding keeping ofhogandcommercialfeed lots Section 12.400 Accessory User The following accessory uses &hall be permitted: 1) Private greenhouses, tool. sheds, playhouses, grain ar carports, swimming pools, patios, or recreation June 29, 1973 The Vail Trail tecuitle• tun -madly led - d ritai to —s. ale tensityrealdentlal 2) Name nccupatlona, subject I to issuance of a homy OceuPatian Permit In t cord with the p- old... of Section 17.300 of this ordinance. 3) Accessory buildings and sea customarily incidental to permitted aZrie.1turat uses, including barns, silos, sheds, corrals, pens, and similaruses. 4) The retail sale of plant•, trees, or other farm or agricultur.l products grown, produced, or made onthe Premises. 5) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. Section 12.500 Development Stan- dards 12.601, Lot Area and Site Dimen- slons. The mintmum ]Or or site area shall be two acres. 12.502. Setbacks. The minimum front setback shall be 20 feet, the minimum side setback shall be 15 feet, and the minitnum rear setback shall be lb feet; provided that the minimum setback from any street or highway Lineshall be 20 feet. 12805. Distances Between Buildings. The minimum distance between buildings on the same site shall be 15 feet, and the minimum distance between a building on one site and a building on an adjoining site shall be 20 feet; provided that the minimum distance between any building used for the housing or feeding of crimple and any building used for dwelling purposes shall be 80 feet. 12.504. Height. The maximum height of buildings shall be 28 feat, except for accessary farm and agricultural buildings which may not exceed 45 feet in height. 12505. Density Control. Not more than 1 dwelling unit shall be permitted for earl, 2 acres of its area. 12.508. Building Bulls Control. Not applicable. 12.507. Site Coverage. Not more than 8 per cent of the total site exact shall be covered by buildings. 12.808. Useable Open Space. A minimum of boo *a— teat of stable open space, exclusive f required front setback areas, shall be provided at ground level for eaeb dwelling unit. The minimum dimeo- gion of say areaquahfyinen useableopenapaceshallbe10feet. 12.SG9. Landscaping and Site Devel- opment Not applicable. 1.2.510. Parking. Offstreet parkins stall be Provided In accord with Article 14 of this ordinance. No required parking &ball be located In at y required setback area, except nmaybespecificallyauthorizedits accord with Article 19 of this, ARTICLE 13 SPECIAL DEVELOPMENT DISTRICT 1 Section 13.100 Purposes Special Development District 1 is intended to scare unified and coordinated development m4 use of site of approximately all gams under single ownership orcontrol, adjoining the south side of the Van golf course. The regulations are t intended to apply to other, disdmiler site• ip the Town. The regulations prescribed in this Article era intended to provide a development process and to establish development standards high will ensure development complementary to the Town and to other properties In the vicinity of the district. Certain development standards permit more intenstee use of the site than is permitted in other zoning districts because of the adjoining open space and recreation&] ame -!ties and because of the size of the site and its potential for aeeommodati-g a rifled development of high quality. Other development ctandards ate more restrictive than other zoning district regulations In order to limit building size and site development to a seals in harmony with the site and a surroundings. Section 13.200 Requirements for Establishment of D]alricL This Article shall be effective and applicable on the effective data of hang,, m dlttsict b...Out. P.- ant to Section 21.500 of this Ordinance. When effecting such changes, the Official Zoning Map shall be drawn to indicate two separate but contiguous development areas within the district identified a* - Development Area A and Develop- ment Area B. Development Area A shall be applicable to approximately 17 acres In the westerly Portion of the district, and Development Area B shall be applicable to approximately - 22 acres in the easterly portion of the district. Prior to eatablishment of Special Development District 1, the Town Council may require such legal instruments ar it dorms necessary to e mre that the property within the district will be developed in conformity with the development plan n prescribed in Section 13.300, and that the development will he operated and maintained bi accord With any conditions that the Council may prescribe in epprovina the development plan. Such instruments shall be binding on all present or future owners. Section 13.300 Development Plan Required Prior to issuance of any perrnit or any other authorisation for alte preparation, construction, develop- ment. or use within the district, the Town Council shall by resolution adopt a development plan far the entire district. The development pla- tall be submitted W the Planning Cammianon for reA w, and the Planrunt Commission shall submit Its tud nzi and recommendations to the C Subsequent revusion. to the devainpment plan may be approved by the Council by resolution oOOwW¢ review by the Commisoon, 13.307. Findings. The Town Councilshallconsiderthefindingd recommendations of the Planning Commi.alon, and shall make the following findings before approving it plan: 1) That the transportation lan and the proposals contained therein for accommodating vehicular movement, transit, and parking than be sufficient to meet the demands generated by the deveiep- meat, without undue bur- den on existing or Pressor ed public facilities. 2) That the open space and recreational facilities pIo- posed on the site stall be sufficient to meet the demands generated by the development without u-- due burden an available or proposed public facilities, 3) That the development will not be materially demaghtX to the environment of the site or its meectmdingg. and that sufficient mea- sures will be taken to ameliorate or nullity Po- tentigilY harmful MvkOft, mental impaets. 13.302 Content. The development plan shall include the following Information, maps, reports, . Plans, and models: 1) Existing and proposed con - toure after grading and site development, withcontour intervals of not more than 2 feet where the average slope on the site ts 25 per cent Or less, and contour intervals of net more than 5 feet where the average slope on the site is greater than 25 percent. 2) A site plan, at a seale of 1 inch equals 40 teat ar larger, •hawing the pro- posed locationsand dimes- sitim of all buildings and structures, proposed uses therein, and all principal site development features such sit landscaped areas, recreation facilities, Pedes- trian plates and walkwaYR service areas, driveways and off- sLreet parking and - loading areas. 3) A preliminary landscape plan at a irate of 1 inch equals 40 feet or Larger showing eaiatlog landscapefeaturestoberetainedor removed, and showingpro- posed landscaping and Landscaped site develop- features inch AS - outdoor recreation facili- ties, bicycle Paths, trans. pedestrian playas and walk- ways, water features or similar _ decorative ale ments. 4) Preliminary budding aleva- tiuns, sections, and flow plane, atappropriate scales, in sufficient detail to determine Boar area, inte- rior circulation. locations of proposed uses within buildings, and the general scale and appearance of the proposed development, b) A tramportatioq Plan, ia- eluding projections of automobile and transit u&eag, average daily and peak hour movements and directions and seasonal traffic patterns; a pia- cif proposed pgrklng, loading traffic circulation, and transit facilities; and a statement or Program for satisfying traffic and trans - portation needs generated by the development. 6) A plan of proposed off-site improvements to be made, including avalanche con-, trol, drainage, traffic cirev- lation and transit route Improvements or facilities. utilities, landscaping, or other improvements to I public facilities and utBi- tiea 7) An are4dtectural modal of the site and the proposed development, at a scale of 1 Inch to 40 feet orlarger. portraying the scale and elationshlpe of the pro - posed development to the site, and illustrating the form mnanda o1 Proposed structures. S) In the event phase -o.. stmction is contemplated, a program indicating order and timing of conatrucunn phases and env Proposals far interim development. The development Plan shall be used as a guide for all development within the district, including the design and location. of buildiagv and the development of the site. All plans approved by the Design Review Board in accord with Article 15 of this ordinance shall conform tietan- tially with the developmenL plan adopted by the Town Council. Section 13.400 Permitted Uses I3.401. Development Area A. 1. Development Ana A, the following uses shall be permitted: 1) Multiple family residential dhveilmgs, Including at- tached or row dwelling andcondominium units. 2) Lodges, including acetwso- ry eating, drinking. MCtw ational, or retail estabBeh- ments located thin the 55 principal use and not occupying more than 8,000 wluare feet of Boorarea. Additional Of dining areas may be b- crted o oaridoor dark•, parches, oar causer:. 3) off..., inn at.-.. per• anal servieea, and eating ad drinking establtah- U. Provided that an single u or e tabllahmenlshallexceed5,000 square test in hoar area and the oral of an establishment• shall not axe d 27,000 square feet in Boor area. including the following urea and such additional uses ss may be determined to be similarin accord with the provisions of Section 21.200 of this ordinaries: Apparel stores Barber and beauty shopsSoukstores Cleaning and laundry services Delicatessens and spa D'alty food storesrugstoresandphar made& Eating and drinking establishments Food atones Gift •total Jewelry stores Liquor stores Newsstands and to- bacco amees Offices Sporting goods stores 1 &402. Development Area B. In Development Area B. the following uses shall be permitted: 1) Multiple family resdentid dwellings, including at- tached or row dwellings and .andominium unit.. 2) Offices, ""a stores, per venal services, and eating and drinking establish. merits, provided that no single use m establishment shall exceed 4,000 square feet In Boor me and the total of W establishments shall not exceed 10,000 square feet to floor .sea, including the following uses and such additional uses es may be determined to heaims erin accord with the pimew.us of Section 21.200 of this ordinanee; Apparel start& Barber and beauty shapeBookstores Cleaning and laundry services Delicatessens and spa salty food stares Thug stoma and pha6 c maclesEating and drtnid, establishments Food $lure* Gift stores Jew." stores Liquorstores Newsstands and to- bacco stores Offices Sparring goods stores Section 18.500 Conditional Uses The following conditiodal uses shaltbepermittedonlyinDevelopment Area A, subject to Issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this ordinance: 1) Automobile service twill - ties limited to salsa of gasoline and oil, and minor maintenance services, but excluding engine repair or body work, and operated completely within an en- closed Panning agrees. 2) faces or convention 3) Clubs and .narrational. G- cflltiee within enclosed structures. Sect:nn 13,600 Accessory Uses The following accessory caws shall bepermittedInDevelopmentAreasA and B: 1) Private swimming pool, Patios, or recreation farlli- ties customarily incidental to permitted r.Ad.PLW sad lodge uses. 2) Rome cepatotoa& isutome occupation permit in aN cord with the Previsions of Section 17.800 of this rdinance. 3) Other uses ctiflomully m,etartal and accessory to permitted or conditional uaes, sad ri -esurY far the operation thereof. Section 13.700 I)evelopmeat Stan- dardsThefollowing minimumdevelopment standards " apply uniess more restrictive standards are indicated by the development planadopted by the Town Council. Where standards are pot apc.itic.Uy enume,ted herein, such standards shall be specified n a pint of the approved devel -Pment plan. 13,701. Lot Area and Site Dmom- nor s. Are. A shall contia of a single site of approximatelv 17 acres, and Ares B shall c sist of a single sit- o1 approximately 22 acres. 13.702. Setbacks. The minimum required setbacks shall be - ss indicated on the approved develop- ment plan, but in rave shad setbacks be leis than 10 feet from any siteline. 18.703. Distance. between Buildings. The minimum distances between all structure, shall be a. Indicated on the approved development Plan, but in o case, hall the im -[mum distancebetweenbuildingbelessthan15 t J 40 F" L J 0 16 4 Continued ^ Page 56 , 11) J 0) 1i 46 v 56 The Vail Trail June 29, 1973 0. prescribed heroin may be authorized esah puking a a and Proposed Zoning Ordit m* by the Zoning Adaimistrato[ it or mine acrewwrya, Tl1Jaape 14.702. ADphcatloa certain districts, all or a portion of nsiatent with generally recognizeddesignfor requirement may Where the ached. u b n From — Page 559 - standards n!f -street Park. ing and loading facilities, waived only during Such of floor area (square v 9uirerpent ahaII feet. Parking and of separate gerase or 14.501. Parking. Standards tot times as valet puking is operated In lieu of aelt- apply kqa, fraction o! a uni[ of floor . 18.704. H•i t. Thr maximum mint Pian. but for vmr{owMert ed shall follows: ratio (1)t parking. not to a minor b,,,, lb.ishts f ma Am lure• shall bees of the Permitted site coves Location and design: Park- b) Surfacing: All parking 14.703. Credit foe Mwindicatedontheapproveddwalop• not exceed the following schadwa: ing spaces, dialer, and yaade and Loading tartDevelopmentAreaA change of occupancy of any huildtns or the manner in which any use to provided with adequate o!! -avast I d e•taeilieykn Portion of Permitted of this Article. entirely within lotB lines drainage }eclRtim. usethanoneuse, the red r Site Coverage Maximum Height and shall not encroach on any public right of y. 8) Landscaping: Not lose Cher off-street loadina berths w 52 per cent 35 feet No parked vehicle, shall 10 per teat of the interior surface area of aV unto- reduced In accord with the toga • achedule: goer12petcent45fastoverhanganyPublicrightclosedoff- street parking Prescribed in this Article, 12 per cent 60 feet of way. Except for parking areas shall be devoted to Tom Reducy18parcent65feettsellltiesservingsingle !a- landscaping. In addition, Regwremmt Requireipay6percent70testmilyortwofamilyresiden. landscaped borders not less Determined By WithDevelopmentAreaBt1LLdwellings, or parking than 5 feet in depth shall Section 14.701- Multiple par P.rtina ofPermuted facilities accommodating less than four be Provided at all edger of 1 berth 1 berth Site Coverage Maximum Height cars, off. street puking areal shallbe parking lots, 14.502, - Loadlna, Standards for 2 berths t berth 50 per cent 35 feet designated So that it will off-street loading shall be u follows: 8 berths 2 berths4berths28percent55feetnotbenecessaryfor1) 2 berthsb ° 3 bertha22Percant. 60 feet vehicles to back into any loading berth shall be 66 bertha 3 berths 13.705. Density Control. The Rose the taaow(nit schedule. Permitted street or public right of way. located o. the same lot u ibe use served. Ott - [treat 7 berths 9 berths floor araa of all buildings and floor area and numbers o! unite &hall 2) Size of Space: Each off. loeding berths shall be 8 bertha 4 berths numbers of accommodation units not be transferrable from one street parking space shall provided in addition W 9 or more berths 5 henhs and dwellin{ units &hall not exceed Development Area to another, be not less then 9 feet wide required eft -street puking Section 14,600 Exemptions Development Development SDI District and 19 feet long, and if enclosed andlor covered, and shall not be located The Town Council by resolution may Area A Ana B Total not less than 7 feet high. within accessways. 2) Size: Eachrequired loading exempt certain Areas from theoff -street parking and loading re. Maximum total floor area of 511,500 221,500 733,000 3) Aecessways: Unobstructed and direct acceseways berth shall be not lees than quiremente of this ordinance, it all unS square feet square feet square feet not lass than 10 feet or more 12 feet wide, 25 feet long, and it enclosed and)or alternative means will meet theoff-street parking and loading needs Maximum number - than 20 feet In width shall be provided from covered, 14 feet high. of ad uses I. the area. Prior to of accommodation convenient u parking facilities located no the Site of the use, and of! -street parking to a street or ailsY• Adequate turning and man- Space shad be exempting any arc& from theoff-atreet parking and loading re. units and dwelling uolta 420 ua,iS 185 units 585 units In multiple family, n an publicaccommodationand Provide withinwithin the lot rata, the Council shall deter• Instruments as it deems necessary to Shops• eating and drinking establish - coin- ereial districts, the total linaa. does. 3) Access: AeeesasvaYs not mine: mint: 1) That the exemption is in For purposes of this section only, a to prevent traffic congesti.a and width of ail vehicular accessways *hall not ex- feu than 10 feet or more than 20 feet in width shall the interests of the area to be exempted and .la thedwellingunitand connecting h Aeon of -street packing areas, teed one toot for every - connect all lceding berth* interest. of the Town ataccommodationunitshallbedeemedoil- street parking and loading tactR- three feet of lot frontage, to a street or alley. Such large. a single dwelling unit it the ties had be provided incidental to or average width of the lot, aceesswayz may coincide 2) That the exemption willaccommodationunitecopieslownewuses, enlargements of existing whichever L greater. with ....wways to puking rant conker any specialthan40percentoftheRoeAreas, changes o[ use. The number 4) Aialee: Alslas of edeq.uta facilities. privilege or benefit uponresidentialIIoorareaofthecombinedofparkingspacesandloadingberthswidthforconvenientandSection14.600 Schedule of Off. properties or improve- units. For purposes of daterminta prescribed I. this Article shall be in easy access to each puking Street Puking Requirements menta in the aree W bePukingrequirements, such units shall proportion to the need for such space shall be provided, 14.601. Schedule. Off -street parking exempted, which privilegebedeemedseparatedwellingacfacilitiescreatedbytheparticularaffordingunobstructedrequirementsshadbedeterminedtoorbenefitisnotconferredaccommodationunits, type of we. Oft -street parking and vehicular Puente between accord with the following schedule: on similarly situated pro- In Development Ana A. the grog loading mess ne to be designed, parties elsewhere im theresidentialfloor, area included within maintained and operated In a manner USE PARKING REQUIREMENTS Town. lodge was shall not exeeeed 25 per cent of the total gross nsidentlal that will ensure their usefulness, Protect the public sate[ and where Single family or two family dwelling. g' Two spaces per dwelling unit. D 3) That the exemption will floor area in the Development Ana. 13.706. Building Bulk , Control. Building bulk, maximum wall lesatha, maximum dimensions of building groups, and requirements for wall offsets and for upper levels of buildings to be stepped back fromlow" level. shell be an indicated oa Me aplltoved development plan, 13.707. Site Coverage, in Develop. meat Area A. not more than 235,000 square feet of site area hall be covered by buildings. in Develop- ment AT B. not mom than 100,000 square feet of site area shall be covered by buildings. 13.706. Useable Open Space. Useable open space for ul ide ' family dwellings and ].doesshellbe required A, indicated on the approved development plan, but in no case shall the useable open space requirements be less than the foUowfng: 1) For ' dwe05na units, a minimum of 1 square foot of useable open space shall be provided foreach 4 feet of grog residential floor area, but at lea than 150 square feetof Parable open space pet dwellingunit. 2) For accommodation unit., a minimum of 1 square foot of parable open space hall be provided for each 4 feet of grow residential floor area, but not law than 100 equare feet of unable open space par accommodationunit. Useable open apace may be common space acco:ble to mom than on. dwelling or accommodation unit, or may be private space aeeseeible to separate dwelling or accommodation units. or a combination thereof. AS least one-half the required useable open apnea sball be provided at ground level, exclusive of required front setback gnu. At least 75 par cent of the required around level usable open .pace &bell be common space. The minimum dimension of any area qualifying as ground level useable Pas sPace shad be 10 feet, Not mom that one -half of the useable open space requirement may be natistlad by bad om s w root deck.. The minimum dimension of any one qualifying es non- gxouad level useable open apace .hall be 5 feet, and any Such ern .had contain at least 50 square feet. 13,709. Landscaping an4 Site Devel- opment. In Development Ara A, at least 85 per cent of the total Sits tau hall be landscaped, In Developmept Area B, at least 90 per cent of the total Site Brea &hall be landscaped. 13.710, Park' s and Loading, Off - street puking and Ladino Shia be Provided in record with Article 14 of this ordinance. Parking !or uses in Development Area A shall be located in Development Am A, and parking for uses in Development Area B shall be located in Development Area R. All of the required Parking .hall be located within the main building w building., or beneath accessory, decks, terrace., or Plazas, and shall be completely =closed and personal from view. No parking or loading .nee shall be located in any required setback area, and o parking or loadsnns shall be permitted at any time in areas designated for recreation or epee space ooe an the development plan, Drivewava. Piasulict loading areu, end Puking areas not located within budding Shall be permitted only " indicated on the approved develop- ment plan. - ARTICLE 14 OFF- STREET PARKINGeANDLOADING Section 14.100 Purposes. ea order to allevtat. Prosresalvey or y. approDSiaN, insulate auaouadina Multiple family dwelling orlodge: land uses from their impact. In a) Dwellingunitcertaindistricts, all or a portion of the Parking spaces Prescribed by thisArticleaterequiredtobewithinthe train building in order to avoid or to minimize the adverse visual impact of b) Accommodation unit large concentrations of exposed Parking and of separate gerase or rnport structures. Section 14.200. Appii ation of Off- Street Parking and Loading Medical and dental attlees. Requirements Off -street parking and loading space Other professional and businessShallbeProvdedforanynewoffices. building or use established, for any Banks and financial institutions. addition or enlargement of an existing building or. use, of for any Retail itoxes Derspnal services, andchangeofoccupancyofanyhuildtnsorthemannerinwhichanyusetorepairshops. - conducted, subject to the provisions Eating and drinking establishments. of this Article. 14.201. Existing Facilities. Off-streetPukingandloadingfacilitiesusedfor off -street parking and loading on the Theaters, meeting rooms, convention effective data of this ordinance shall faciiliiea, churches, and similar uses not be reduced In capacity to less ofpublic assembly. than the number of space[ pmmzibed In this Article, or reduced in Brea to Aceemo eating, drinklrts, rscIT less "than the minimum atandaide atioa, reSail, or other use within Prescribed in this Article, lodge. 14.202. Additions or Changes, For additions or enlargements of anyexistingbuildingoruse, or any Any we listed u a conditional via, change of occupaney or nor of operation that would (Pcreas. the number of puking spaces required, the additional parking shall be requbed only for such addltioa, Any use not listed. enlargement, or change and not for the entire building or use. Section 14.300 Construction and 14.6021 Application of Schedule. Maintenance of Off - Street Puking Where tractional requirements mmdtandLoadingAna. from ipplieation of the schedule, theAlloff-street parking and loadingfacilianrequiredbythinArticleShall traction shad be rounded to thebeconstructedandmaintainedInne-est ,whole number. Where theScheduleisbasedonunitsofflooraccordwiththeminimumstandardsarea (square footage), the require. for such facilities prescribed by this ment shad apply to a major fractionArticle• and shall he maintained free Requixemeat01accumulatedsnoworotherDeterminedparmaterialspreventingfulluseandS14.801ee[lontoccupancyofsuchfacilitiesinaeeond with the latent of this Article, except 100 Spaces . 101 to 200 &Pacesfortemporaryperiod* of short 20Y to 300 spacesdurationinwentofheavyorunusual130116400spacessnowfall. 401 to 600 SpacesSection14,400 Off -Site and Joint 501 to 601 SPeace Parking Facilities. 601 to 700 Spaces Ali puking and loading faedidea 701 to 800 space required by this Article shall be 801 to 900 apmces 901 to 1000 apneaslootedonthenamesite , file use for which they no required, provided over 1000 spaces that the Town Council may permit Section 14.700 Schedule of Off. off -site or jointly used parking Street Loading Requirements. facilities it located within 300 feet oftheuseserved. Authority to permit 14.741. Schedule. Off- atreet loading aft -alts orJointPark] 9 facilities Shag USE notextend to puking spaces required this ordinance be located Multiple family dwellings with over within the main buildingwithindi on • ace, 20,000aquae feet Row residentiat but may extaatl to parkins Warespar floor area_ Permitted to be unmelosed. Prior to permitting off-alts or joint parking facilities, the Council shall determine that the proposed Location of such Lodges with over 30,000 square feetparkingfacilitiesandtheprospectivetotalfloorare., Including see eeryoperationandmaintenanceofsuchnowwithinthelodge. facilities will fulti i the purposes of this Article, will be as useable and, convenient u parking facilitieslocatednotheSiteoftheuse, and Professional and business ot}icea, will notcause traffic congestion oran banks and aneaelisl institutions Willi unsightly concentration of parked oars. over 10,000 square tort total floor area. The Council may require such legal Retell stores, Personal services, repair Instruments as it deems necessary to Shops• eating and drinking establish - eneum unified operation and control ments, and all other commercial or Of Joint Puking facilities or to ensure service uses with over 3,000 squarethecontinuationofsuchfacilities, feettotal floor use, including evidence of owne"Idp, longtenorleap, ormwzp rt. Any vie Bated as a conditional use• Section 14.600 Puking and LoadingStandards The following standard. Shall governthedesignandconstructionofall off -street Parking and loading teeth. ties, whether required by this Any use not listed, it Such use ordirtanos w provided m addition to nqutom the reeurri.g ncelpt ortherequirementsofthisordinance, distribution of goods or equipmentMinoradjustmentsatthedimensionsbytruck. 0.5 space par dwelling unit, plus 0.1 apace per each 100 square feet of agram: residential floor area, with maximum of 2.0 spaces per wilt. 0.4 space per accommodation unit, plus 0.1 apace per each 100 square feet Of gross residential floor area, with a maximum of 1.0 space per, unit. One apace per each 200 square feetoffloor .sea. One space per each 300 square feetatfloortan. _ One space Per each 200 square feetaIfloorareai One apace per each 300 square [let of floor area. One apace per each 4 seats based on seetiag capacity or building codeoccupancystandards, whichever is greater. One apace Per each 4 seats based an seating capacity or bugling codeoccupancystandards, whichever Is greater. The sum of therequlremente for such was prescribed above ten therequirementsformultiplefamilydwellingorlodgeusewithintheacmeboddtnscoup. Puking regulrement to' ha deter- It by the Town Council as a condition o! the Co.dltioaal UsePermit, but not lees rhea the c__.It ,Is requlremetnt p...led hove. PukinY requirement to be determinedbytheTownCouncil• of a unit of floor area but not to a minor fraction. 14.803. Credit for Multiple Use Parking Facilities. Wham a Single. parking facility "we. more than a.o use, the totsl puking requirernmt for all was - may he reduced to accord with the followingschedule: . Permitted Reduction to Determine Multiple Use Parking Requirement No reduction245Percent5.0 per teat7.6 per cent 10.0 Der *eat12.5 per cent15.0 precent 17.5 Percent 20.00 PerPer teatt22. coa 25.0 percoat requirements sb" be determined in accord with the following Schedule: Loading Requirement . One loading berth for uses up to100,000 square feet grow residential floor area, plus one additional berth for each 50,000 square feet gross residential floor area In excess of 100,000 square feet One loading berth for urea up go75,000 square feet total floor area, Plus one additional berth for each 25.000 square feet total floor area in excess of 75,000 Square feet. One loading berth, One loadina berth for uses up to 10,000 square feet total floor Stan. Plus one additional berth for each 5,000 square teat total floor area in excess of 10,000square feet. Loading facilities eequimatent to be determined by the Town C.uncit u a condition of the Conditional Use Permit, but not less than the maarable not prescribed mhave, One loading berth, plus additionalberthsp"ScAbed by the Town Council upon determination of need. hot be detrimental to adjacent properties or im- provements in the v cinity _ of the area to be a - empted. 4) That suitable and adequate means will exist tar provi. sion of public, community, group, or on, man Parking IeCilitiee: for provision of adequate loading facilitiesandforasystemfor distribtuion and pickup of goods: and for financing. operating, and maintaining such facilities; and that such Parkirz, loading, sad distribution facilities shad be fully adequate to meet the existing and projected needs generated by ail uses in the ere. to be exempted. ARTICLE 15 DESIGN REVIEW - Section 15.100 Purpose In order to attain the following objectives, exterior deals. of all new development and additions to ex- - - istins development shall be subiect to dealer, review. 1) To preserve the raturd. beauty of the Town's site and setting, and to prevent indiscriminate clearing of - Property, removal of tress, and eutbmoving.' 2) To Prevent excessive w unsightly trading which could &muse disruption of natural watercourses, scar natural landforms, or ragas Slides, avalanches, and other geologic hazards. 3) To ensure that the location f and a ffituration of struc- turns ari- vimally harmow- ow with their sins and "= with Surrounding sites and structures, and do not unnacessully block scenic views from existing build- inas or tend to dominate - the townscape w the - natural landscape. - 4) To many. that the erchl- tectural design of strut• lures and their materials, ' and colors are visually harmonious with the Town's overall appearance, with surrounding devalopoent, with natural load - forms and native veseta- - tion, and with officially approved development plans, It any, for the areas in which the ttructures are Proposed to he located. 5) To ensure that plane for the landscaping of open spaces conform with the regulations prescribed by ., this ordinance, provide vissiady pleasing Setting& - for Structures on the same efts and on adjoining and nearby sites, and blend harmoniously with the natural landscape. Section 15.200 Design Review Beard The Design Review Board shall be composed of three members of the Planning Commlwlon and two members at lane appointed by the Council. The term of each Dowd member shad be ant year, and he shall be eligible for mappointmOru. The Council shall designate nor of the members to gerve asChairman of the Bard. The Board busby Is authorized to retain the wrvices of one or more - conswtina architects, landscape anhl- - tegU' or urban designers, wbo need not be licensed to prectity in the state of Cotorada, to advise and moist the Hand In performing the design review [unctions prescribed in this eruct.. The conaultant. am, be retained to advise the Board on a Eo- , June 29, 1973 The Vail Trail 57 feet, on a number of Architectural plans shall such " wood siding, screened from adjacent other particulate matter. or on a continuing basis. It include all elevations of shingles, nd native stone. properties, rtreets, and 7) Involves any process which tent of this Section that the proposed structures as they Brick la acceptable. Con• other Public are" by results in odor that may be will review relatively small will appear an completion, erete block generally is fences, planting, and other bjtcLi. —W. or ciamaglna. Projects, ugh as individual and one or more persepc• acceptable Only If speelally suitable means. 8) Requires any waste treat - family residence., duplexes, ties sketches or a scale designed and colored. Seetion 15.700 Debt. Review Fee ment, cooling, or settle - cry structures, and minor model as necessary to Where stucco n used, gross The Town Council shall set a design moot pond, a requires Lions to existing structures, illustrate the overall ap- textures and surface fee- review fee schedule sufficient to transportation of solid or thout the assistance of consultants; pe -ortee of the buildings, tunes that appear to imitate over the cost of Town staff time, liquid wastes to a treat- d that consultants will be reLai.ed grounds, and other major other materials should be consultant's fees, end riddental meritor disposal alte. to advise end assist the Board in Lite. development features. avoided. Concrete surfaces expenses. Applies." for design 9) Discharges significant vol- eviowing relatively large scale pro- All exterior surfaeinz me- should be used sparingly, review may be required to deposit of solid or liquid jects such as groups of single family terials and colors shall be and should be handled with the Town a sum sufficient to wastes. residences Or duplexes, individual specified, and samples of with delicacy and restraint. cover the costs of design review 10) Has the potential to strainmultipledwellings, lodges, semi• each, complete with pro. Aggregate generally is more which shall be deducted, and the the capacity Of existing orPublicandpublicfacilitiesofallposedhnishes, shall be acceptable than raw con- balance returned to the applicant Planned sewage disposal, types, and commemi.1, industrial and submitted. cr.t., but. use of integral following completion of the design storm drainage, or other uLititles developmenLS. 6) Scale drawings, plans, rend- patterns and colors can review procedure. utility system. The Design Review Board shall meet Brings, photographs, or make w rrete surfaces , Section 15.800 Appeal to Town 11) Involves any process which upon call of the Chairman. Meetings other information required harmonious. Council generates noise that mayshallbecalledsufficientlyfrequentlybyOrdinanceNo. 7) Fenestration should be Within 1 week following action of be offensive or damaging. wthatthedesignre procedure Signs), showing in suitable for the climate and the Design Review Board, its decision 12) Either displaces significant prescribed 'fro Article shall detail design, materials, for the orientation of the to approve, disapprove, o request numbers of people orcommencewithinfourweeksofandcolors, grid speeifyinst particular building cleva- changes in the project design shall be cults in a significantsubmissionofaprotectfardesignthemethodofillumine- tion in which the fenestra• transmitted to the applicant and the increase in Population. review. If the Board decides that till.. Locations of pro- tion oecon, Use of shutters Town Council. The decision shall 13) Pre -empty a site with advice or assistance of consultants is Posed signs shall be inch- and sunbreaks should be become final if no action is taken by potential recreational or sary, commencement of further cared by a mbering encouraged where Appm- the Council at its next regularly open space value, design renew action may be system nr other clearly pri.L.. scheduled meeting securing mare 24) Alters local traffic patterns postponed for not more than 30 days eomprehenruble, system of 8) O.,agri of accessory strue- than two weeks later and if no appeal or eauses a significant to allow time for retaining the reference to the site plan Lures, fences, walls, and has been filed by that date. increase I. .traffic volume sultans andfor submitting the prescribed fn (3) above or other structural landscape The Council may by majority vote or transit service need. plans to Z. - the architectural plans pre features should be humor decide to review a decision of the 15) Is a part of a larger projectSection15.300 Design Approval scribed in (5) above. Upon pious with the main Design Review Board, which, at any future stage, The Town shah not authorize site request of the Zoning structure or structures on A decision of the Design Review may involve any of thepreparation, building construction, Adm cn traitor, samples of the site. The same or other Board may be appealed to the impacts listed above. sign erection, exterior alteration o sign materials shall be harmonious building Council by the applicant or by any Section 16.300 Exempt Projects enlargement of an existing structure• submitted, materials should be used resident or property owner in the An Environmental Impact Report or paving, fencing, planting, or other The Design Review Board may structures and Town at any time before the decision shall not be required for the improvement of open space unless require the submission of an' accessory structures, becomes final. following projects: design approval has been granted by environmental import report and 9) Natural colors (earth Section 15,900 Action by Town 1) Alteration, repair, andtheDesignReviewBoardortheadditionalplans, drawings, specific.- tones) gray, and white Council maintenance of existing Town Council as prescribed in this tinns, samples, and other material if should be favored. Primary Not later than its next regularly structures and site rm Article. For the purpose of this deemed necessary to determine colors or other bright schedules meeting following its provements, Section, landscaping of opcn space whether a project will c mply withpin colors should be used only decision to action of the 2) Additions to existing strue- on the site of a project whichpreviouslyhad • received design the purposes prescribed Section - 15.100 and the design guidelines as accents and then spar - ingly and mainly in non- Design Review Board or not less than two weeks following the filing of an titres .rid site improve- merits wWeb do notapprovalshallnotrequireanvprescribedinSection15.600. residential areas. Use of appeal, the Town Council shall either the floor oradditionalapproval. - Sectiau 15,500 Design Review Board pentrating stains rather review the action of the Design the site areama Section 15.400 Material to be Action than paint on wood sun Review Board, and may confirm, devoted to a use by moreSubmittedTheZoningAdministratorshallfare$ should be en- modify, or reverse Its decision. If it than 25 percent. The owner or authorized agent of check all material submitted for coura fed- Exposed metal deems insufficient information is 3) A ph "e of a project for any project requiring design approval design review frr compliance with flashing or trim should be available to provide the basis for a which an Environmentalasyre..ribod by this Article shall - Section 15.400. 11 found to be anodized or painted so " and decision, the Council may Impact Report previously submit all o any of the following adequate, the ' material shall be to he non- reflective, - postpone final action for not more was submitted and re- material t`1 the Design Review Board, submitted to the Design Review 10) Commercial development than 90 days. Failure of the Council viewed convering the entireappropate. The Zoning Adminis- Board at its next meeting. generally should be mla- to act prior to the postponement project, provided that theLomorshalldeterminewhichitemsTheDesignRenewBoard $hall tively tight -knit and some• date it sets shall be deemed approval project approved by appropriate for submission In review the material and shall approve, what intimate in scale. by the Council of the design Of the the Town Council. each irtsanc.. disapprrve, or request changes in the pLarger readily visible project unless the applicant consents Section 16.400 Preparation, Form, Cl A topographic map of the design of the project within 15 days parking lots exposed to to a time extension. - Content, Time Schedule, and Fee site with contour intervals of the date of its meeting at which streets and main Pedes- Section '15.100 Lapse of Design 16.401. Studies and Date- Theofnotmorethan2feetifthematerialI. received. However, it trian -ways should be Review Approval Environmental Impact Report shall the average slope of the the Board determines that advice or avoided. Approval of the design of s project be based on systematic studies site as 10 per cent or less, assistance of consultants is needed, I It) Residential, multiple dwal- by the Design Review Board or by conducted by the Town staff or byatwithcontourintervalsanadditional30daysshallbeling, and lodge develop - the Town Council shall lapse and professional consultants, as deter, of not more thew 5 feet if allowed for action by the Board. The meat outside central men shell become void one Year following trained by the Zoning Administrator, the o erase slope of the total period of 46 days may be the Village and Wont the date of final approval, unless The Environmental Impact Reportsitsisgreaterthan10perextendedwiththeapprovalofthehead) should have a looser, prior to the expiration of One year a on a public Project may be preparedcent. Existing trees or Town Council. Failure of the Board lower density character. building permit or other development by the responsible public agency orgroupsoftreeshavingtoactwithintheprescribeddeadlineOpenspacesshouldbeleftpermissionIsissuedandconstructionbyprofessionalconsultantsitetrunkswithdiametemof4shallbedeemedapprovaloftheintheirnaturalstateoriscommencedanddiligentlypursuedVillas. The range of studies needed toinchesorore1footdesignoftheProjectunlessthelandscaped, and large toward completion. develop the teahnical data for m above natural grade'shal) applicant consent& to a time paved areas should not be Environmental Impact Report in. be shown, Rack out- extension. If changes in the design of permitted. ARTICLE 18 eludes the following natural stystems Crappings and other signlfi- the project me requested, the time 12) Removal of trees, shrubs, REPORTS .. and other .tudlss: cant natural features shall limit for action by the Board shall and non - hazardous native ENVIRONMENTAL,. 1) Hydrologic eondltiom, be shown. start to run on the date Of the plant materials generally IMPACT REPORTB'- -s L such " surface drainage l] 2) Site grading and drainage meeting at which the Board, receives should be limited to Section 18 -100 Purpose. and watershed character - plans including provision the changes. removal at those essential Submission and review of an irtics, ground water and tar disposition of surface It it is found to comply with the for development of the Environmental Impact Report on any soil permeability charreter, drainage on at off -alto. purposes prescribed ie Section site. private development proposal or Isilet, natural water fee - 3) A site Plan, drawn at A 15.100 4nd the design guidelines 18) On hillsides excessive grad- public project which may affect to titres and eher"terintics, scale of 1 inch equals 20 prescribed In Section 15.600, the in& should not be Permit- any significant degree the quality of and any potential changes feet or larger showing the Design Review Board shall approve tad for buildinz sales. the environment in the Town or in orimpacts. existing and proposed lay- the design of the project. It it is access drives, off-street surrounding areas is required to 2) Atomospheric conditions, out of buildings and other:, found to conflict with the purposes pinking, pool sites, recra• achieve the following objectives: such " airehed character- structures including deck., or the design guidelines, the Board ation areas, Ox other 1) To mature that complete sties, potential emissions, patios, canopies, fences, hall disapprove or request changes in. improvements. information on the on- and any Potential Changes and walls. The site plan the design of the Project. 14) Cut and fill siopes should vlronmental effects of the orimpacts - shall show the Incatlons of Section 15.600 Design Guidelines. - be sculptural In form and proposed project I9 avalla- 8) Geologic c hed[tfcros, such laadacaped areas, service Actions of the Design Review Board contoured to blend with ble to the Tow. Council, as land tosses, slope, fall - or. ", storage eras., Peden- shall be guided by the purposes the natural, undisturbed the Planning Commission, ebarsctetistiu, potential trian walks, driveways, and prescribed in Section 15,100, by - terrain. the Design Review Board, hazards, and any Potential' oft - street. parking and load- plans officially approved by the 15) Ali grading and excavation and the general public. changes or impsets, ing area. The site plan Town to guide development in the scars should be planted 2) To ensure that long tern[ 4) Biotic conditions, each as shall indicate the locations area within which the project is with natural materials or protection of the environs vegetative characteristics, at ingress and egrer and located, by the design guidelines others that will harmonize merit is a guiding criterion wildlife habitats, and any the directions of tiaffL. Prescribed In this Section, by other with the natural landscape. in Project planting, and Potential change& " in- flow Into and out of as applicable Provisions of this urdl -. 16) Landscaping should be that land use and develop- Pants. c well as within parking and nance, and by other applkeabte designed to harmonize me.L decisions, both Pub- 6) Other 'environmental con- loading areas, the location ordinances. - with natural landformf and he and private, take into ditioas, such "noise levels of each puking space and If a development project If to be native trees and other plant account the relative merits and odor characteristics, loading berth, and are" for built in phases, each phase shall be materials, except in corn- of possible alternative ae- and any potential ehaagn turning and mnuaevering subject to the deal&. guideline menial areas where the tlang -' or s. vehicles . Landscaping and Prescribed in this section. man -made look may be 3) To provide procedures for 6) Visual conditions, such as screenlng of off - street 1) Building location, conHau- mote suitable. In general, local review sad evaluation view& and scenic values, puking and loading me" ration, architectural dealpt, lawns, geamatric Plantings, of the environmental of - and any potential changes, shall be shown. The ate materiala, sad colon evenly spared rows of fee[s of proposed Projects mpacts, ar milked eon plan sbell show locations should be hmmonbw wife ,- Lien, and other formal, prior to granting of Parrott. tracts. r : of utilities hookups and the majetic mountain set- _ urban landscape features or otherauthorisations for 7) Land use conditions, such - any above - ground utility Ling and the Alpine village should be avoided. commencement of dove - chmacterLti°e of notes, lines or Other installations, scale of the T°wn, 17) Particular attention should opmeot. compatibility with offic[al- r (4)- A preliminary landscape 2) Structures should not vi$u- be given the landscape Section 16.200 Applicable Projects ly approved land use and splandrawnatascaleof1allydominatethetown, design of off -street puking An Environmental Impact Report open spare policies and inch equals 20 feet or scope or call undue Otte.• jots to splten their harsh, shall be submitted W the Zoning objectives, and Potandel - lager, The landscape plan Lion Lo themselves union hump appearance. Cara, as Admldlatrator for say project for changes orimpacts. shaR show locations of they are of civic tatpor- mean from grade and from which such a report Is required by 8) Circulation and transport&- existing trees or groups of twice and oeeuPY ,focal higher alevatlots, should federal or state law, for any Project tioa conditions, web as treat having trunks with sites. be screened as much as for which such a report is required by - volume and traffic flaw dismetsra at 4 inches of - 3) Structures or portions of - passible by trees, shrubs, this ordinance prior to issuance of patterns, transit service y - more 1 toot above natural structures exceeding the . hedges, fences, mounds my Permit, or tar any Prajact which . needs, alternative transit t grade that are Proposed to height limits prescribed fn - and slain, landscape tea- may significantly changethee vlr n- systems and potential be-- removed. Shrub. and other .. native plants pro this ordinance, as permit- fed in Section 17.206, tures. Ptont materials used for screening generally went, either during construction or on a continuing basis, in one ormom changes orimDaets 9) Population chuaeleristias polled to be removed shall should be limited to should be evergreens of the followingrespects: - such as msidential deaal- hfd be generatowers, generally Indicated. The chimneys, clock tow ski 18) In residential mesa, lose• 1) Alters as ecological unit or He, neighborhood pal - landseape pia. shall show lifts, church ateeples, and thin and configuration of land form, such " a terns, Potential displace tree and other native similar harmonious arch[- buildings should maximize ridaellne, saddle, draw, ment of residents or Plants proposed to be teetural forma. Rooftop the privacy of surrounding ravine, hillside, cliff, slope, businesses, and potential y retained, the location and heating and air.condition- dwellings wad should in- creek, marsh, watemotrse, changes or impact.. si - design of proposed land- ins equipment, iargm vent trude into their views to an, other natural land farm The Environmental Impact Report fcaped are", the varietLe. stacks, elevator pent- the minimum extent f-A- fast —. shall summarfze the finding. andandapproxim "e sizes of houses, ..4 similar features ble, 2) Directly or IndlreefAr at- recommendations of the technicalplantmaterial. to he should he avoided and, it 19) 1. residential men, sores- fact. a wildlife habitat, and other supporting studies in termsWantedtherein, and the permitted, should be spry buildings generally feeding, or nesting ground. that can be "erased and evaluated bylocationanddesignofscreenedtramview. should he attached to the 3) Ahem. or removes native Taw" officials and the general public. swimming pool area, - 4) Roofs should have a pitch main bulldhngeither direct- grasses, trees, shrubs, or Technical data shall be submitted " - Patios, play are ", refire of at least: 4 feet in 12 and ly or by mom. of a other vegetativecover. supporting documentation, TechaicalAltonfacilities, and other should be covered with continuous fence, wall, or 4) Affects the appearance or data prepared " a pan of any Otherunableopen .pace- The materials that are harmonl- screen at least 6 feet high character of a significant procedure or requirement of thislender. plan shall in- ous with their surround- of the came m a romp].- scenic use or resource, or ordinance, or of any otherordinmeeeludesufficientdetailtohogs, Flat roofs &hall be mentary material as the involves buildings or other or federal, state, or Town regulation, Provide a reliable basis for permitted only in special main building's exterior stmctums that are of a also may be need to suPPart aneftimatingtheandImreaqabandgusituations, and thenshould finish. size, bulk, or scale that Environmental Impact Report. tocingteem{ raietsilft andand be covered with harmorP 20) Service outdoor would be in marked 16.402. Report Content.. The rttel"maint" O! the 1m- n ous materials. Mansard storage, drying yards, gar` contrast to natural or Environmental Impact Report shad praram.ats. - 6) Plan scale roofs generally should be avoided. bogs cans, and trash storage areas should be existing urban features. 5) Potenti&Bv results in ova- contain information and analysis, in sufficient detail and adequately draw t aPleasdrawn " s .tale o1of 5) Deep eaves, overhanga, creetud from adjacent settle or eupporthe by CechntciJ studies, Sfe Jeah equals 1 toot or cmopiet, and hater properties, street, and tithe, ttlament, (load, or oldernt, flood heenabletheTowaCounciltofudgethe Iagn Including Goan >KW lase leatues th.t provideovide faker puhila Orar by land loth hssard an. impact of the proiect io sulacieat d.leu haltw Pram elame.ts i° Peace, atanUng, or other to healthsad safety. rid saf ty sed tobatOJud {e me "ups proposed Wtojudge permlt dstermina4oa at winter and Provide - rid suitable means. 6) Discharge toxic or they reduce or negate any harmful whether W maiman shade In summar should be 21) Storage areu for boats, malty abnormal subitimon, I this °rdltanea based en ene°ungcd, BuBdfn{ trailers, camper, and oft- or InvaWes use o! herbl- flees aria rill be mm 8y materials should be road vehicles shall either thin or pesticides, etemits predominately natural, be completely enclosed or smoke, gaas, steam, dust, or Continued — Page5a 58 The Vail Trail Informal. !I 1) Project boundaries, an boundaries of the an within which envlronmea tal impact b likely to significant, 2) Present and proposed use of the site, 3) Present and ProPoed Zoning ofthe site, 4) Quantitative five to mtormatioa relative so tie Projec[, such u site area, numbers of residential units, proposed height and bulk of build- Logs. building Door area in Square feet, and such other data ee will contribute to a clear understanding of the scale ofthe project, 5) A list of regulatory or review agencies and the specific regulatlm to whichthespecificwinbesubject. 6) Coplea of Subdivision maPs, development plans, or other pertinent doeu- meats illetrating the pro - posed project, The Environmental impact Report Shall Include an environmental Inventory, providing complete into, rmation an the environmental setting existing prior to the proposed Project and containing sufficient information to permit MdePendent evaluation by reviewers of factors that could be affected by the proposed project. The environmental inventory shall Include Maps, ohotagraph,, or other appropriate - illustrative mstarts]. Areas categotird according to type of possible impact sh&IL be identified, The environmental inventory Shan describe both the physical and biological natural Setting, and the man -made setting of the site add its surrounding" The Environmental Impact Report shah include a Comprehensive, qualitative and quantitative —mysis of any impact that the simpased project will have onthe environment, The analyala shell describe temporary effect. that will prevail during oetruction, and long term effects that will Prevail after completion. The analysis Wag describe both bedeflci.1 effects &Lid detrimental effects. The analysis *hall .Consider primary effects and secondary effect. which will result from the project. The analysis Portion of the Envlron- mental Impact Report Wall fully assess the following items: 1) Adverse effect. which Can - not be avoided if the proposal is implemented. 2) Mitigation measure. pro• posed to minimize the Impact. 3) Possible alternatives to the proposed action. 4) Relationships between Short term and long term w" of the environment. 5) Irreversible environmental hanger resulting fromr - implementation of the Proposal. - 6) Growth inducing impacts of the project. 16.403- Additional' Materials. The Zonlni: Administrator may further prescribe the torm and content of an Envirodmmtal Impact Report, set- Ung forth in greater detail the factors to be considered and the manner in which the report Wall be Prepared, and y require submission of information in addition to that required by Section 18.402. 16.404. Time Schedule, The Envtron- sumfol Impact Report shall be Prepared within 30 day. of the date that plane are submitted for design review as prescribed in Section 15.400, Subject to extension of the time period to • maximum of 6 month. by the Town Council. Section 16.405, Fee. 1. the event that the Town engages professional consultants to prepare an Eaviron- mental Impact Report, the east shall be paid by the sponsor of the project. The sponsor may be required to depasit a fired sum in advance to cover the Cost of the report, with the ma.pended bakmce returnable to thesponsor^ Section 16, 500 Review 16.501. $omission. The Environmen- tal Impact Report shall be Submitted to the Zoning Administrator. The Zoning Administrator shall prescribe the number of copies to be submitted. The Zoning Administntar elan notify the Iowa Council the Planning Commission, and the Design Review Board, of receipt of — Environmental Impact Report, and shall transmit copies of the report upon request. Environmental Im- pact Report* Wall be available for public review in the offices of the Town. 16.502. Review, within 30 days of submiasoa of an Environmental Impact Report, the Town Council hall review the report, The Council MAY Postpone action oq the projeel fn order to obtain additional information from the Town &toff, from She Sponsor of the project, or the author of soy portion of to report. The Council may receive Maters ls atatemwts or wppartins araterlW from the spodsor of project. from the Town staff, from professional Consultants. or tram ethers. Such additional materials may be consider• ad as supplementary or amendatorytotheEnvronmentalImpactReport. 16.603, Action by Town Cuunen. Following review of the Environmen- tad Impact Report, the Town Council shall apPrOw or disapprove the project. Failure of the Council to act Report within 90 days of ubmi,slo. of areportorpriortothepostponementddateitSet* shall be deemed approvalroftheproject. - Upon aPPmv+l Of the project, PP]Icabls permits may be issued and the project may Proceed. subject toeSuchadditionalrequirements, pe,, mite, or thonr.tions ea may berequiredbythisordinanceandby d other +ppti —lil, ordinances or a regulations of the Town. No permitsshallbeissuedandno .utharisetioe b, shall be granted which would allow a project to proceed in the event that s the Council does not grant approvalalterreviewingtheEnvironmental Impact Report. No permits shall be issued and no authorizations shall be granted for any Project which does not conform substantially to the description of the project Contained In the Environmental Impact R.Po t. This Section shell not apply to a project for which an Environmental Impact Report Is not required, as pmcdbed in Section 16.300. ARTICLE 17 SUPPLEMENTAL REGULATIONS The Provisions o1 this Article shalt be effective in all districts, or when specified, in Particular districts, and shall be In addition to the regulation Prescribed for each district. Section 17.100 Fences, Hedges, Walls, and Screening All accessory was and structures except fences, hedges, wells, and landscaping, or ground level sitedevelopmentSuchaswalks, drive, ways, and terracea.shail be located within the minimum required Setback lines on each Site. To minimize traffic hazards at street interesection by improving visibility for drivers Of conwiving vehicles in any district whom setbacks ererequired, no fence or structure aver 3 feet - In height shall be permitted within the triangular portion of comer lot measured from the Point t intersection of the lot lion abutting the streets a distavoc of 30 feet along each such lot one, Fences, hedges, walk, add land - SnPing Screens where not restricted by racavnt or other legal instru- ment, &hall not exceed 3 feet in height within any nQuired front Setback area add *hall not exceed 6 feet to height on say other Portion of a site, provided that higher fences, hedges, walls, or landscaping screens may be authorised by the Zoning Administrator when cesamy to amen publte utility equipment. No barbed win or electrically charged fence &ball .b0rc Pemt o maintained. Section 172 ted Exceptions to Development Standards The following exception Shall be permitted to the dwafopment stan- dards prescribed for each district, 17,201. Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar Shading feature"; Sills, halt courses, .rate.& and Similar fe-whds; and flues and chimneys may project not more than 4 feet into a required setback area or into a required distance between buildings, ' 17,202, Parches, Steps, and -Decks. Porch", steps, decks or terraces, or similar features located at ground level or within 5 feet of groudd level may project not mum than 10 feet nor more than one half the minimum nQuired dimension into a required setback area: or may project notmorethan5feetnotmorethanone fourth the minimum required dimen- sion Into a nquind distance between buildings. 17,203. Balconies, Decks, and Stah, ways Above Ground, Baleoni", deeks, terraces, apd other simWr unroofed features Projecting from a su—tun at a height of more than 5 test above ground level may project not mom than 5 feet nor more than one half the minimum required dimension, into a required setback ens; — may project not Moro than 5 feet nor man than ' one fourth the minimum required dimension late a required distance between b.Odi gs, A balcony or deck simjectins from a higher elevation may extend over a lower balcony or deck but in web ease Wen not be deemed a root for the lower balcony or debit, 17,204. Fire Escapes. Fire nnPos or exterior emergency daft stairways may project into any required aetbaek area ar distance between buildings not mom than 4 teat. 17.205. Bay Window.. Bay window, and sim03r features extending the interior vnclosed space of astructun may project at more than 3 feet into a required setback ens or a required distance between buildings, provided that the total of an such projection does not exceed more than one tenth the area of the Wallfromwhichitprojectsor tends. 17.206. Architectural Projections above Height Limit. Towers, spires, e.poks, chimneys, flagpoles, and similar architectural features not _ useable as habitable Boor area may tend above the height ]Ishii a distance of at on than 25 per cent of the height limit nor more than I5 feet. 17,207. Exception. to Height Limit, Structures or portion& of structures with sloping roofs may exceed to height limit in accord with the Schedule herein. Any exception autarisad by this section Shen not constitute + change of height limit A but shah authorise a building height axoaeding the proscribed height hmit only for that portion of a structure to which this soctloe applies. This June 29, 1973 section ,hall apply to gable, hip, or shed roo4 but shall not apply tomansard -roofs or to any roof structure which does not extend to a peak at a slope of 4 feet vertical to12fee[ horizontal or greater. Schedule of Exceptions to Height Limit VerticalRise Per 12 Feet Horizontal 4 feet 5 feet 6 feet 7 feet 8 feet 9 feet 10 feet 11 feet 12 feet 13 feet or greater Permitted AdditionalHeight 1 foot 2 feet 3 feet 4 feel 5 feet 6 feet 7 feet S feet 9 feet 10 test maximum 17.208. Application add Interpreta- tion of Height Limits. Where a building is designed to have the aOPsaraaee of separate, identifiable structures Joined only by Iowa, portloe of the same akueturp or adjoining for lass than 25 pet cent of the perimeter of the portion of the structure to another portion of the structure, each separate or 'denti6- able portion may be considered a Separate structure for the purpose of determining height limits. Determina- tion of portions of a structure having the appearance of Sepaptte, ldentitia- ble structures shall be made by theZoningAdminlatntor. 17.209, Application and Interpreta- tion of Lot Lines. Where a tat or site does not have frontage on a street, or whew access is by means of an easemmi; or other right over adjoining properties, by means of an extension of a portion of the site, or by mems of a private driveway, road, or street, the line where principal Bess to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom. A Portion of a lot or site less than 20 feet In width providingaccessfromastreettotheprincipal portion of the site shall not he usedincalculatingpermittedgrossresiden- tial floor area on the aft., Section 17.300 Home occupations 17.301. Permit Required. The con- duct of a home occupation, where Permitted at an accessory use by the Provisions of this ordinance, shall be Subject to issuance of a home occupation permit by the Zoning Administrator. Appjication shall be made on a form Prescribed by the Zon!ng Administrator, and Rhao be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be wed, anticipated number of customers, clients or students, and other features of the home occupa- tion. The application shall describe in _ detsil'the mmner'ln which the home occupation will conform with the requirements of this section, 17.302^ Permit Issuance end Find. ings. After review of the application, the Zoning Administrator may issue a home occupation permit if he finds that the Proposed use will Conform with the requirements of this section. The permit may be Subject to Such eortditiow as the Zoning Administrator deems necessary to fumantee operation of the home occupation in accord with the mQuirammas of this section and compatibly with other uses in the vlelnity, The Zoning Administrator shall deny the applcatio i if he finds that the proposed use will not conform with the provisions of this Section, or would be Injurious or detrimental to other properties in the vicinity. 17.303. Time Limit and Renewal. Home oteupation permits, when issued, shall be for a limited time Period not exceeding two years. Permits *hall he receivable upon application, subject to mob regula- time as shall be in effect at the time Of application for renewal. TheZoningAdministratorshallmakethe same findings with respect to an aPPlintion for renewal as for the original issuance of a home occupa- tion pernolt, - 17.304. Requinments for Home Octupstion. When permitted, home Patios shall be Subject to the following limitations: 1) The we -hall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof, Employee., other than Inhabitants of the dwelling, Shell not exceed one Person at any time. tar The use &hail be clearly incidental d Secondary to the use of the dwelling for dwelling purposes and shall not change the residential character there- of. 3) The total floor area used for the home o cupation shall not exceed one fourth f the gross residential floor area of the dwelling, nor exceed 500 quwe teat. 4) There shell be no adwrtis- ing, display, or other' indication of the home oeeupatlon on the pre - mises. 5) Selling stocks, Supplies, or products on the premises Shall not be permitted, Provided that incidental ratan sales may be made in connection wit other per• mitted home occupations. 6) Then shall be no exterior storage on the premise, of material used in the home occupation. 7) Than shoji be no .I., vibration, &make, dust, odor, heat, or alas noticeable at w beyond the Property Line, as a result of the home oecup.- tio.. 8) A home occupation shalt not generate significant vehicular traffic in excess of that typically generated by residential dwelling" No parking or storage of commerelal vehicles also be permitted an the site. 17.305. Interpretation. For purposes Of this Section, provided that all quirements Prescribed herein are met, the following by way of example shall be considered home oecupatioa: 1) Activities conducted prin - cipally by telephone or mail order. 2) Studios sand activities pro - ducina light handcrafts or objects or art. 3) Teaching, add tutoringintructlonlimitedtotwo Pupils at a time 4) Dressmaking or apparel elteratio.. A home occupation Shell not include: a cllnlc, funeral home, nursing home, tea room, restaimunt,antique shop, veterinarian's office, or any similar se. 17.306. Revocation or Discontinu- ance..A home occupation permit mayberevokedbytheZoningAdmlaiw traitor if he determines that the Provisions of this Section or the limitations Prescribed as a condition Of the permit are being violated. A home occupation permit Wanbecomevoidifnotusedwithin 2 months of issuance, or if the use for which it was issued is dlscontimd for a continuous Period of 6 months. 17.307, Appeal. Appeal of any actionOftheZoningAdministrator in connection with issuance or denied ofahomeoccupationpermitorthe - conditions attached there to may be filed with the Town Council by . y resident or property owner within 30 days following Such actiod. in event of appeal the Council, after receiving a report from the Zontns Administra. tor, may confirm, reverse, or modifytheactionoftheZoningAdministra- tor. A hearing shall not be required. Failure of the Council to act within 90 days f the filing .1 — appeal nshall, be deemed cocurzance in the action of the Zoning Administrator, Section 17.400 Regulations Applica- ble to Particular Uses The following nifulatioe shall be applicabl. to the uses listed herein In any zone in which the use is a Permitted use or a conditional use. 17.401. Gasoline Service Stations. In district. when gasoline servdpe stations are permitted, they shall be subject to the following require- ments: 1) All fuel storage Lanka shall be completely buried be• death the Surface of the ground. 12) Ali gasoline pumps. ]ubri- cation or similar device*, and other Service faci]Itiea hall be located at least 20 feet from any street right of way line. 3) All servicing of vehicles, except sale of gas and oil and eervion customarily Provided in connection therewith, shall be can- ducted completely within a structure. 4) AB storage of goods Wall be completely within a Structure. Section 17,500 Sig. Regulation All Signs shall be regulated in accord with the provisions of OrdinanceNo, The Town Council may byordinanceprovidefortheadministre- rim and enforcement of the provisions of Ordinance No. bytheZoningAdministratororother administrative official. and may provide for review add approvalprocedurespursuanttoOrdinance No, by the Design Review Board established by Oda otdiama,. ARTICLE 18 CONDITIONAL USE PERMITS , Section 18.100 Purposes and Limit&• timeIn order to provide the flexibility eessary, to achieve the objectives ofthisordinance, Specified ins are permitted in certain districts subject to the treating of a Conditional Use Permit, Because of their unusual at epeels) characteristics,. Conditions) uses require review and evaluation to that they may be located Properly - with respect to the purpo," of this ordinance and with respect to theireffectsonsurroundingproperties. The review process prescribed herein is Intended to assure compatibilityandharmodiousdevelopment be- tween conditional uses, and sus rounding properties, and the Town at large. Uses listed as conditional uses In the various district. may be permitted subject to such conditions and limitations to the Town may prescribe to ensure that the loemion and operation of such conditional uses will be In accord with ` development objectives of the Town and will not be detrlmenal to other uses or properties. Where e— iihicns Cannot be devised to achieve these objectives, application for Condi- tional Use Permits shall be denied. Section 18,200 Application and Required Information Applint4on WI a Conditional Use Permit shell be made upon . form Provided by the Zoning Adodnistra- tor. The application shall be Supported by documents, maps, plans, and other material containing L136 following Information: 1) Name and address of the Owner andlor applicant and Statement that the applicant, it - not the owner, has the Paml"ton Of the ell makeapplicationwnandact ac seat for the awwr. 12) Legal r1r` - sang days ° . 3) A de.cnPYOe qw Precise nature .4 ate p CUpnsedoneratins rh.rartr #• - a d meanu rca pru +A ` Hake the r m ar< use kawry` with othee P„" Atv,cinity. 4) A site Plan showingPoseddevelopmenl of t rsite. including topc.,,,by, building location.• p.rkte{ traftje circuleud . parka,. open apace, land Sc. peesea, and utilities LiedrainagefeaLUrer. f67 areliminaty builddns PlanaLidelevationssufficienta. indicate the ddmed.om, general sip PtmSw,, tl, ale, and interior Plan of allbuildings. 6) S eh additional material as the Zoning AdministratormayPrescribeDT the aPPldcant may submit per- tinent to the application and to the findings prereq- i.te to the ksuancr of a Conditional Use Permit asPrescribedinSection16.500, Section 18,300 Conditional UsePermitFee The Town Council shall act aConditionalUsePermitfeeschedule sufficient to cover the cost of Town staff time and other expensesincidentaltothereviewof the application. The tee shall be Paid at the time of application, and shall not be refundable, Sect an 18.400 Hearing Upon receipt of a Condttiona( Use Permit application, the PlanningCommission %hall Set a data far hearing in accord with Section 21.400. Notice shall be given, and the hearing shall be conducted in accord with Section 21.400, Section 18.500 Action by PlanningConimasian Within 30 days of the closing of a Public heating on a Conditional Use Permit application. the PlanningCommissionshellseton the aPplicatlon. The Commission may approve the application as submitted or may aPPmve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this ordinance, or the Commission maydenytheapplication. A conditional use permit may be revocable, may be granted for a limited time Period, or - may be granted subject to such other conditions as the Commission mayPrescribe. Conditions may includebutshallnotbelimitedtorequiring special setbacks, open space,, fences or walk, landscaping or scumaing, d street dedication add mprowment; regulation of vehicular access and parking, sagas, illumination, and hours and methods of operation; Control of Potentlel - nuisances; Prescription of Standards ' for maintenance of buildings add grounds: and Prescription of development sehedul". A Conditional Use Permit shall not grant variances, but action on . variance may be considered concur• teddy with a Conditional Use Permit application on the Lime Site, Variances shall be granted ill accord with the procedure prescribed inArticle19ofthisordinance. Section 18.600 Criteria and Findings, Before acting on a Conditions] Use Permit application, the PlanningCommissionshallconsider the following futon with respect to the proposed use: .: 1) Relationship and impact of:, the use on davelopmeat objectives of the Town. 2) Effect of the use oa light And air, distribution of - population, transportationfacilities, utilities, Schools, Parks and merestion faclh- Use and other public 'i'•': lacijitles add public facill• ties naeda 3) Effect upon traffic, with Particular reference to con- gestic., automotive and pedestrian Safety and cone wnienee, traffic flow and aantmi. acre", man.uwr•' ability, and removal of snow from the streets and Parking arose. 4) Effect upon the character ._ of the eras in which the Proposed use is to be Located, Including the Scala and bulk of the proposed use in rel.tian to auaoudd- ltg ."a. b) Such other factors end . criteria as the Commissin. deems eppli..blt to the proposed ussde6) The Environmental Impact Report concerning the Proposed use, it an Envi- ronmental ImpaetR*pnrt isteuulredbyArticle16of this ordinance. The Planning Commission Wall make the following findings before granting a Conditional Use Permit: 1) That the proposed location of the use is In accord with the purposes of this ordi- nance and the Purposes of the district in which the site is located. 2) That the proposed location of the end the conditions under which it would be operated sir maintained will not W detrimental to the public health, fety, or welfare, or materially injurious to properties or lmpm - mmis in the vicinity. 3) That the proposed uss will comply with each of the applicable provitiogs of Proposed Zoning Ordinance From —Page 57 impacts. The Environmental impact Repo shall include general statement deaeribing the proposed project an its Purpose, identifying the owns and or sponsors, and, it a public project, identifying the funding source and time schedule. Deseriptiv materials, m &p,, and plane alfall b ssubmitted Showing the following within 90 days of ubmi,slo. of a report or prior to the postponementddateitSet* shall be deemed approvalroftheproject. - Upon aPPmv+l Of the project, PP]Icabls permits may be issued and the project may Proceed. subject toeSuchadditionalrequirements, pe,, mite, or thonr.tions ea may berequiredbythisordinanceandby d other +ppti —lil, ordinances or a regulations of the Town. No permitsshallbeissuedandno .utharisetioe b, shall be granted which would allow a project to proceed in the event that s the Council does not grant approvalalterreviewingtheEnvironmental Impact Report. No permits shall be issued and no authorizations shall be granted for any Project which does not conform substantially to the description of the project Contained In the Environmental Impact R.Po t. This Section shell not apply to a project for which an Environmental Impact Report Is not required, as pmcdbed in Section 16.300. ARTICLE 17 SUPPLEMENTAL REGULATIONS The Provisions o1 this Article shalt be effective in all districts, or when specified, in Particular districts, and shall be In addition to the regulation Prescribed for each district. Section 17.100 Fences, Hedges, Walls, and Screening All accessory was and structures except fences, hedges, wells, and landscaping, or ground level sitedevelopmentSuchaswalks, drive, ways, and terracea.shail be located within the minimum required Setback lines on each Site. To minimize traffic hazards at street interesection by improving visibility for drivers Of conwiving vehicles in any district whom setbacks ererequired, no fence or structure aver 3 feet - In height shall be permitted within the triangular portion of comer lot measured from the Point t intersection of the lot lion abutting the streets a distavoc of 30 feet along each such lot one, Fences, hedges, walk, add land - SnPing Screens where not restricted by racavnt or other legal instru- ment, &hall not exceed 3 feet in height within any nQuired front Setback area add *hall not exceed 6 feet to height on say other Portion of a site, provided that higher fences, hedges, walls, or landscaping screens may be authorised by the Zoning Administrator when cesamy to amen publte utility equipment. No barbed win or electrically charged fence &ball .b0rcPemt o maintained. Section 172 ted Exceptions to Development Standards The following exception Shall be permitted to the dwafopment stan- dards prescribed for each district, 17,201. Architectural Projections. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar Shading feature"; Sills, halt courses, .rate.& and Similar fe-whds; and flues and chimneys may project not more than 4 feet into a required setback area or into a required distance between buildings, ' 17,202, Parches, Steps, and -Decks. Porch", steps, decks or terraces, or similar features located at ground level or within 5 feet of groudd level may project not mum than 10 feet nor more than one half the minimum nQuired dimension into a required setback area: or may project notmorethan5feetnotmorethanone fourth the minimum required dimen- sion Into a nquind distance between buildings. 17,203. Balconies, Decks, and Stah, ways Above Ground, Baleoni", deeks, terraces, apd other simWr unroofed features Projecting from a su—tun at a height of more than 5 test above ground level may project not mom than 5 feet nor more than one half the minimum required dimension, into a required setback ens; — may project not Moro than 5 feet nor man than ' one fourth the minimum required dimension late a required distance between b.Odi gs, A balcony or deck simjectins from a higher elevation may extend over a lower balcony or deck but in web ease Wen not be deemed a root for the lower balcony or debit, 17,204. Fire Escapes. Fire nnPos or exterior emergency daft stairways may project into any required aetbaek area ar distance between buildings not mom than 4 teat. 17.205. Bay Window.. Bay window, and sim03r features extending the interior vnclosed space of astructun may project at more than 3 feet into a required setback ens or a required distance between buildings, provided that the total of an such projection does not exceed more than one tenth the area of the Wallfromwhichitprojectsor tends. 17.206. Architectural Projections above Height Limit. Towers, spires, e.poks, chimneys, flagpoles, and similar architectural features not _ useable as habitable Boor area may tend above the height ]Ishii a distance of at on than 25 per cent of the height limit nor more than I5 feet. 17,207. Exception. to Height Limit, Structures or portion& of structures with sloping roofs may exceed to height limit in accord with the Schedule herein. Any exception autarisad by this section Shen not constitute + change of height limit A but shah authorise a building height axoaeding the proscribed height hmit only for that portion of a structure to which this soctloe applies. This June 29, 1973 section ,hall apply to gable, hip, or shed roo4 but shall not apply tomansard -roofs or to any roof structure which does not extend to a peak at a slope of 4 feet vertical to12fee[ horizontal or greater. Schedule of Exceptions to Height Limit VerticalRisePer 12 Feet Horizontal 4 feet 5 feet 6 feet 7 feet 8 feet 9 feet 10 feet 11 feet 12 feet 13 feet or greater Permitted AdditionalHeight 1 foot 2 feet 3 feet 4 feel 5 feet 6 feet 7 feet S feet 9 feet 10 test maximum 17.208. Application add Interpreta- tion of Height Limits. Where a building is designed to have the aOPsaraaee of separate, identifiable structures Joined only by Iowa, portloe of the same akueturp or adjoining for lass than 25 pet cent of the perimeter of the portion of the structure to another portion of the structure, each separate or 'denti6- able portion may be considered a Separate structure for the purpose of determining height limits. Determina- tion of portions of a structure having the appearance of Sepaptte, ldentitia- ble structures shall be made by theZoningAdminlatntor. 17.209, Application and Interpreta- tion of Lot Lines. Where a tat or site does not have frontage on a street, or whew access is by means of an easemmi; or other right over adjoining properties, by means of an extension of a portion of the site, or by mems of a private driveway, road, or street, the line where principal Bess to the lot is attained shall be deemed the front lot line, and setback areas shall be determined therefrom. A Portion of a lot or site less than 20 feet In width providingaccessfromastreettotheprincipal portion of the site shall not he usedincalculatingpermittedgrossresiden- tial floor area on the aft., Section 17.300 Home occupations 17.301. Permit Required. The con- duct of a home occupation, where Permitted at an accessory use by the Provisions of this ordinance, shall be Subject to issuance of a home occupation permit by the Zoning Administrator. Appjication shall be made on a form Prescribed by the Zon!ng Administrator, and Rhao be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be wed, anticipated number of customers, clients or students, and other features of the home occupa- tion. The application shall describe in _ detsil'the mmner'ln which the home occupation will conform with the requirements of this section, 17.302^ Permit Issuance end Find. ings. After review of the application, the Zoning Administrator may issue a home occupation permit if he finds that the Proposed use will Conform with the requirements of this section. The permit may be Subject to Such eortditiow as the Zoning Administrator deems necessary to f umantee operation of the home occupation in accord with the mQuirammas of this section and compatibly with other uses in the vlelnity, The Zoning Administrator shall deny the applcatio i if he finds that the proposed use will not conform with the provisions of this Section, or would be Injurious or detrimental to other properties in the vicinity. 17.303. Time Limit and Renewal. Home oteupation permits, when issued, shall be for a limited time Period not exceeding two years. Permits *hall he receivable upon application, subject to mob regula- time as shall be in effect at the time Of application for renewal. TheZoningAdministratorshallmakethe same findings with respect to an aPPlintion for renewal as for the original issuance of a home occupa- tion pernolt, - 17.304. Requinments for Home Octupstion. When permitted, home Patios shall be Subject to the following limitations: 1) The we -hall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof, Employee., other than Inhabitants of the dwelling, Shell not exceed one Person at any time. tar The use &hail be clearly incidental d Secondary to the use of the dwelling for dwelling purposes and shall not change the residential character there- of. 3) The total floor area used for the home o cupation shall not exceed one fourth f the gross residential floor area of the dwelling, nor exceed 500 quwe teat. 4) There shell be no adwrtis- ing, display, or other' indication of the home oeeupatlon on the pre - mises. 5) Selling stocks, Supplies, or products on the premises Shall not be permitted, Provided that incidental ratan sales may be made in connection wit other per• mitted home occupations. 6) Then shall be no exterior storage on the premise, of material used in the home occupation. 7) Than shoji be no .I., vibration, &make, dust, odor, heat, or alas noticeable at w beyond the Property Line, as a result of the home oecup.- tio.. 8) A home occupation shalt not generate significant vehicular traffic in excess of that typically generated by residential dwelling" No parking or storage of commerelal vehicles also be permitted an the site. 17.305. Interpretation. For purposes Of this Section, provided that all quirements Prescribed herein are met, the following by way of example shall be considered home oecupatioa: 1) Activities conducted prin - cipally by telephone or mail order. 2) Studios sand activities pro - ducina light handcrafts or objects or art. 3) Teaching, add tutoringintructlonlimitedtotwo Pupils at a time 4) Dressmaking or apparel elteratio.. A home occupation Shell not include: a cllnlc, funeral home, nursing home, tea room, restaimunt,antique shop, veterinarian's office, or any similar se. 17.306. Revocation or Discontinu- ance..A home occupation permit mayberevokedbytheZoningAdmlaiw traitor if he determines that the Provisions of this Section or the limitations Prescribed as a condition Of the permit are being violated. A home occupation permit Wanbecomevoidifnotusedwithin2 months of issuance, or if the use for which it was issued is dlscontimd for a continuous Period of 6 months. 17.307, Appeal. Appeal of any actionOftheZoningAdministratorin connection with issuance or denied ofahomeoccupationpermitorthe - conditions attached there to may be filed with the Town Council by . y resident or property owner within 30 days following Such actiod. in event of appeal the Council, after receiving a report from the Zontns Administra. tor, may confirm, reverse, or modifytheactionoftheZoningAdministra- tor. A hearing shall not be required. Failure of the Council to act within 90 days f the filing .1 — appeal nshall, be deemed cocurzance in the action of the Zoning Administrator, Section 17.400 Regulations Applica- ble to Particular Uses The following nifulatioe shall be applicabl. to the uses listed herein In any zone in which the use is a Permitted use or a conditional use. 17.401. Gasoline Service Stations. In district. when gasoline servdpe stations are permitted, they shall be subject to the following require- ments: 1) All fuel storage Lanka shall be completely buried be• death the Surface of the ground. 12) Ali gasoline pumps. ]ubri- cation or similar device*, and other Service faci]Itiea hall be located at least 20 feet from any street right of way line. 3) All servicing of vehicles, except sale of gas and oil and eervion customarily Provided in connection therewith, shall be can- ducted completely within a structure. 4) AB storage of goods Wall be completely within a Structure. Section 17,500 Sig. Regulation All Signs shall be regulated in accord with the provisions of OrdinanceNo, The Town Council may byordinanceprovidefortheadministre- rim and enforcement of the provisions of Ordinance No. bytheZoningAdministratororother administrative official. and may provide for review add approvalprocedurespursuanttoOrdinance No, by the Design Review Board established by Oda otdiama,. ARTICLE 18 CONDITIONAL USE PERMITS , Section 18.100 Purposes and Limit&• timeIn order to provide the flexibility eessary, to achieve the objectives ofthisordinance, Specified ins are permitted in certain districts subject to the treating of a Conditional Use Permit, Because of their unusual at epeels) characteristics,. Conditions) uses require review and evaluation to that they may be located Properly - with respect to the purpo," of this ordinance and with respect to theireffectsonsurroundingproperties. The review process prescribed herein is Intended to assure compatibilityandharmodiousdevelopmentbe- tween conditional uses, and sus rounding properties, and the Town at large. Uses listed as conditional uses In the various district. may be permitted subject to such conditions and limitations to the Town may prescribe to ensure that the loemion and operation of such conditional uses will be In accord with ` development objectives of the Town and will not be detrlmenal to other uses or properties. Where e— iihicns Cannot be devised to achieve these objectives, application for Condi- tional Use Permits shall be denied. Section 18,200 Application and Required Information Applint4on WI a Conditional Use Permit shell be made upon . form Provided by the Zoning Adodnistra- tor. The application shall be Supported by documents, maps, plans, and other material containing L136 following Information: 1) Name and address of the Owner andlor applicant and Statement that the applicant, it - not the owner, has the Paml"ton Of the ell makeapplicationwnandactac seat for the awwr. 12) Legal r1r` - sang days ° . 3) A de.cnPYOe qw Precise nature .4 ate p CUpnsedoneratins rh.rartr #• - a d meanu rca pru +A ` Hake the r m ar< use kawry` with othee P„" Atv,cinity. 4) A site Plan showingPoseddevelopmenlof t rsite. including topc.,,,by, building location.• p.rkte{ traftje circuleud . parka,. open apace, land Sc. peesea, and utilities LiedrainagefeaLUrer. f67 areliminaty builddns PlanaLidelevationssufficienta. indicate the ddmed.om, general sip PtmSw,, tl, ale, and interior Plan of allbuildings. 6) S eh additional material as the Zoning AdministratormayPrescribeDTthe aPPldcant may submit per- tinent to the application and to the findings prereq- i.te to the ksuancr of a Conditional Use Permit asPrescribedinSection16.500, Section 18,300 Conditional UsePermitFee The Town Council shall act aConditionalUsePermitfeeschedule sufficient to cover the cost of Town staff time and other expensesincidentaltothereviewofthe application. The tee shall be Paid at the time of application, and shall not be refundable, Sect an 18.400 Hearing Upon receipt of a Condttiona( Use Permit application, the PlanningCommission %hall Set a data far hearing in accord with Section 21.400. Notice shall be given, and the hearing shall be conducted in accord with Section 21.400, Section 18.500 Action by PlanningConimasian Within 30 days of the closing of a Public heating on a Conditional Use Permit application. the PlanningCommissionshellsetonthe aPplicatlon. The Commission may approve the application as submitted or may aPPmve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this ordinance, or the Commission maydenytheapplication. A conditional use permit may be revocable, may be granted for a limited time Period, or - may be granted subject to such other conditions as the Commission mayPrescribe. Conditions may includebutshallnotbelimitedtorequiring special setbacks, open space,, fences or walk, landscaping or scumaing, d street dedication add mprowment; regulation of vehicular access and parking, sagas, illumination, and hours and methods of operation; Control of Potentlel - nuisances; Prescription of Standards ' for maintenance of buildings add grounds: and Prescription of development sehedul". A Conditional Use Permit shall not grant variances, but action on . variance may be considered concur• teddy with a Conditional Use Permit application on the Lime Site, Variances shall be granted ill accord with the procedure prescribed inArticle19ofthisordinance. Section 18.600 Criteria and Findings, Before acting on a Conditions] Use Permit application, the PlanningCommissionshallconsiderthe following futon with respect to the proposed use: .: 1) Relationship and impact of:, the use on davelopmeat objectives of the Town. 2) Effect of the use oa light And air, distribution of - population, transportationfacilities, utilities, Schools, Parks and merestion faclh- Use and other public 'i'•': lacijitles add public facill• ties naeda 3) Effect upon traffic, with Particular reference to con- gestic., automotive and pedestrian Safety and cone wnienee, traffic flow and aantmi. acre", man.uwr•' ability, and removal of snow from the streets and Parking arose. 4) Effect upon the character ._ of the eras in which the Proposed use is to be Located, Including the Scala and bulk of the proposed use in rel.tian to auaoudd- ltg ."a. b) Such other factors end . criteria as the Commissin. deems eppli..blt to the proposed ussde6) The Environmental Impact Report concerning the Proposed use, it an Envi- ronmental ImpaetR*pnrt isteuulredbyArticle16of this ordinance. The Planning Commission Wall make the following findings before granting a Conditional Use Permit: 1) That the proposed location of the use is In accord with the purposes of this ordi- nance and the Purposes of the district in which the site is located. 2) That the proposed location of the end the conditions under which it would be operated sir maintained will not W detrimental to the public health, fety, or welfare, or materially injurious to properties or lmpm - mmis in the vicinity. 3) That the proposed uss will comply with each of the applicable provitiogs of June 29, 1973 The Vail Trail 59 y 4 this ordinance. applicant may Submit per- Planning Commission It the Council discrepancy between the oI Article 19 of thisoedisance, ilan 16.700 Aeilon bs Town tenant to the application fails to net. The permit all" lapw if existing off-street peeking Section 2&.800 Determination ofSimilarUsek•> ouecilitltip I Belt following aeiloa e! and t° the construction not wmmss,cef and ledbh[ facilities and fa order to amore that the zoning the Planning Commission. Its declsion oldie to the kma,Ce o! aaissuanceaofa variance es Prescribed In oen awithinmeyear o! site dale of L•wance and dHlamtlY Puaued to the standards prescribed bythisordinanceshallnotbe Igulations will Parrett SimH r uses inshadbetransmittedtotheapplicantsectioncompletion. increased, certain prescribed commercial zones, and to the TomCouncil. At Its next Bettina 1 300 VVariance . Valiance Fee Section 19,9110 Related Permits and 20,600Section20.800 Maintenance and the Town Council on its Initiative orregularlyachdulsdmeeting !o[ow- Ing receipt of the decision of the C, The Town CouncilNW net a variance Requfnmenta Repairs upon a a w request ebaLL determine whether a use not rpsl5eanr listedPlanningCommission, the Town tee schedule wffieient b cover the In addition to the conditions whichbe Non-conforming uses. Structures, and a permitted use shall be deemed Council shall review the action ofthe Cost of Tom staff time and other may prescribed purusat to this Article, site improvements may be main• for permitted use on the bads ofI Commission, and may confirm, expeases faaidents, to the review at fee err aim or uae wblect to a variance be rained and repaired as necessary similarity to uses specifically listed. modify, or revenr its decision_ If it the application. The shall be paid at the time of apldinttlon, and abW Permit shall also subjecttoallotherprocedures, permits. and convenient, sate, or efficient open- Lion or use. Provided that an such The procedure prescribed In thisdeemsinsufficientinformationisnotbemdalunble, requirements of this and other maintenance or repair shall increase Section shall not be substituted fartheasameemavallabletoprovidethebadsfarasounddecfsbn, the Council mar Section 19.400 Hearing applicable erdhuneez and regualtiegs the diseraputey between the use° amendment procedure of adding new uses to the lists ofpostponefinalactionfornotmoreUponreceiptofavariancespplicrtion, the Planning Commission -ban of the Town. In event of my conflictbetweentheprovisionsofavaliance strueturr or Site improvement andthedevelopmentstandardspnscribed permitted use, but shall be followed than 40 days. and the CouncH may, at Its option, conduct an additional set a dote for bearing in accord with permit and other permit or require- by this ordinance. to determine whether the character - fstics of a Particular use not Listed arehewingisaccordwiththeProvisionsSsoilon21.400. Notice shall be given, S,d the hearing shall ba co,dWtad la went, the •more restrictive provisions prevail. Section 20.700 DlscuntmuartceAnynon- eonforming uaa which L sufficiently simLLar to certain ClassesofSection21.400. FaOure of the shall accord with Section 81.400. ARTICLE 20 discontinued far a parted of 12 of permitted uses to juatity a findingshouldbedeemeda ipostponementdateitsetsslta11theSection19.500 Action by Planning _ Commission NON CONFORMING SITE, USES, months, regardless of ear intent toreSumsoperationoruse, shall act be permittedtd ur, deemed approval ofthe action bythe Within SO days of the closing at a STRICTURES, AND SITE IMPROVEMENTS resumed thereafter; and nay future The Zoning Administrator. CounciluponrequestoftheTownCouacl[ assCOmm "'On, udem the aPP11cani coneents to atime extension. public bearing on a variance application. She PlanningCommWioa Ssctiea 20.100 Purposes use of the sLIe or struttLLlae thereonSAallcontarmwiththepmvidenSof written request of any person for aTheTownCouncil °ball act in accordwiththeesmecriteria, and shad make shell act on the aPPHcation. The This Article Is Intended to Limit the this ordinance. determination under this Section, shall review the characteristics of anythelamafindingsesPrew`dbad Ill COmnlssba may approve the aPPn- Cation as Submitted or may approve number and extent of noncom- arming u.es and by Section 20.&00 Change at UseAnmaonfwminguseshall not be use proposed b be determined asMilan19.800 before granting a Conditional Use Permit. The the application subject to Such rUvcturasProhibitingor11mitengtheirenlarge- tented to another moac °nforming similar to permitted uses, and shalltransmitareportbtheCouncilactionfoftheCouncilNaarbecamefinalmodificationsOrconditionsseitdaeaunecessarybaeeomplishtheaftermeat, hell resrabll*hment asses and their use unless permission shall have beenR`nW by the Town Council. Prior advising In what respects the lmmedlataly_ Section 18.800 Permit Issuance and purposes of this ordinance, or the rent abandonment, after Substantial destruction. WbHa to granting such permisMen. theCouncildstermfnethatthe proposed we would 4a In fact SimUat to sPedHad permitted uses in the Effect Commission may deny the appllea- CYon. A variance may be revocable, sts and imProo wmutubasul' hallProposeduse doss not substantially soma district, or In what to Wts theTheZoningAdministratorshallIssue Permit may be granted for a limited time continue. this Article la In to differ tram the existing nm0 urn- Proposed use would not be siml[ar to Permitted tuns. ax wouM be- similaraConditionalUsewhenactionoftheTownCouncilbecamesperiod. or may be granted subject tothe Limit enlargement. situatio restore• n' forming use in tams of compatibilitywiththecharacterOttheafaain Lo ussa speellia-MY permitted only Inflna[. whjaei to nosh eotdlilgne u wall other conditions * Commission may Prescribe. tion, or replaesmmL which wouldrlCleaaethedlsersDSneYbetween which it Is located, and the Council other diatrl °ts. Aker receipt o! theIwpon. the Council may determinemaybePrescribedbytheCouncil, or by the Planning Commissionthlsmion c the Section 19.800 Criteria and Findings - Before aetlea on a variance aPPLI"- existing conditions and the dsvejop- ball d*rarmma that the proposed use doss not line thator aggravate the the proposed use to besimilarto usesCouncilfallstoact. The pergll SheS lion. the Planning Commission shall mutt standards prescribed by thisOrdinance, degree of nonconformity existing specified u permitted raw In theiItthattheLapseUconstructionisnotcam. maned within one year of the data Consider the following factors withrespecttotherequestedradanee: Section 20,200 Continuance Prier to any such eban[a of ur, Section 20.900 Restoration samePosed use l bs Su ProPosd use will not b0 wbstantfany of Issuance and diligently punned fo Completion. or 1f the use for which 1) The relationship of the Nomc°nforming sites. uses, ArOO- turee, and site Improvementslawfully Whenever aoacottormlgg uw willCh odnforminwith a different is its operation or other hour ors_ Characteristics specifically the PeraSik is enarad ls mOi requested VuLea a to otheraxiptktgorpotentialWes. established prior to the ~I" data in ons for the which permitted n The Commenced within One Year. Section 1[.900 Related Permit* and and ahuctures -in the Of this ordinance fear continue, wbjaet to tha limitations proscribed is located° or a nonconforelia[ WNall Staid the basis f0 determine ion. and the usethereafter uiremRequlrementa nRy. 2) The degree to which relief In this Artlde, tiller. uses. "Metures. Lmpravements lawfully structure of site i,opmvsmant whichripennotConformWithrequireaemta Nall be dnmed a Permitted use tllw In addition b the eendltlens which may be Prescribed pursuant to Chia from the strict r Htami and siteauthorized 67 pelnlra or esgrtlailons for backs. dlaraaelt between Subject to the acme regalations uSpecificallyPermittedWoelathe Article, conditional use shall also b nuepxetailen and enterer meat of regal- existing Prior to the effective data of buildinP, heists, demitf coettal, ngbuilding bulk control, or site acme dlaLdeL. SO di rict. sublect . to all other Procedures, a specified don Is ru:Al this ordinance may eoatmua, SubfsctWwell11euiutlemassPresesibedby covsnla, is destroyed by fire er Declantba of Sit' Allocationparmits, and requirements of Nis and other and wa0th such Permits regu)atin.0 Other ealamitY, by act Of OOd, or by the public memy to the o! 50 Whenever a site used or intended to oDsHCable own.. InyregulationsoftheTown. [a arms at fortuity of treatment among sites in the vicinity. Sactioa 20.800 Noa -CoutormlPg3 Sites. extent per Dent or lass, the use may M be used Purwent to the ProvWoas OfraceCannotofbethisordinancecornetbeclearlyanyconflictbetweentheProvisions of a Conditional Use Permit and any Or to attain the oblectivep Sites lawfully estabnzbed purwtan6 to resumed ce the at —tune mar bethat1e- defined or el a other permit or Iequiremmt, the of this ordinance without reL "ti ns is effect prior to the restored, provided reaioration commenced within 1 year and laele lot or record or by Portiomor ra.. mate MILrietive provision Shan Rent of special privilege, 3) The effect ofthe requested effective date of thiswdinmee whichdonotconformtotheOlt—um let dHlgmtly pursued to completion, combinations thereof, or by otherrecordedorlegallyrecogniseddedg- PmaR varanca on light and air. area and djmeis oa ents When destruction axeeeds b0 Per nation, the owner or his authorisedF "- distribution of population, transportation and tmlHn iance for thePrescribedibythisoe, district fo mbleh Chet cent, or the structure or siteImprovementisvoluntarilyrasedor agent may file a D Clantlon of SLtaARTICLEi9 a VARIANCES facilities, Public facilities are SituatedwemaybecontinuedandNallhe removed by law, the structure or 4(te Allocation with the Zoning Admdd inter, Section 19.100 Purposes and Llndta- esGtytl11tys. and public deemed ga established bulgdlel the except improvement l aho1 net be restored except in The Declaration of Site Allocation dour 4) Such other factors and subject tosites. Sublets to the site developmmC standards prescribed by this ordl- by shall be filed on a form to t» provided by the Zoning r mt,t :... eamongiaordertopreventortolessensuch practical dilticuliles and unnecessary criteria u the CommbdOmdeemsapplicabletothe nanCe• No suCh site shall be further this ordinance. Th* extent of damage or Partial tor, and shall be accompanied by phrased hardships Weopdsunt with Proposed variance, reduced In area or dimensions. Section 20,400 NonConforming shall 4e based open the map drawn to seals the a act leutlon, Siutpe° an4dimensionstheobjectiveofthisordhsantssPlantingCommissionsharemake' ratio 0lop ratio the estimated Cwt of of the mite and such otherwouldtenonfromstrictorHranl interpretationoa and enforcement, va Shethe lonawingfipdia[S before granting TheThe use of siteorstructure lawfully prior m the same Condition as prior tO such damage information ae may be required b antes trem arum mayy a varim— 1) That the Ranting of the established prior t° the effectivedateofthisordinal** which does not duplicating. the estimated coat ofeCost the Zoning ,administrator, Including st.ta er Pro-' armatures or calulattom be Ranted. A it difficultyY or variance will not cap.tltuee conform to the owe h-9u[A ne duplicating the entire atruetura Ithe I¢tpsgremenu on The same W ys cphysical may Rant of spacial tbt. ardlpsnarfor the istad prior salategepriorthara{e. Esttnutaa Of dleigbtiag 3e. ah*Dresultfromthesirs° shape, assresult he Lind- inconsistent with the Lind- i district in which It isdtasted may bedistrictInh Beat for this purpose shall be male or Ths ZOeting Admhrlstratet aql- tell f.^ o enidbL steucturesothereon from rations on other Pmvarties continued, provided that Ch rovd by the TowManager, uncil, require that the Declaration of sRS topographic or Physical condition ': classified in the Same nonconforming use be edar[sd and Nan he bsMd on the minimum Allocation be sworn to by the owns on the site or la the immediate dbat t. R) That the granting of the b at" n a Rester site area edgHoofareathanitOccupied Coal of Construction in Compliance N owners °! the die. site declared under this SCCCIOa tvicinity; Or from Other physical variance will net le-* datri- 031 t f thisesthee[Isctiva dots o[ this with the Building Code. shall he recognised as a ussahis duShellnmitations° streetlocations, or traffic mantel to the Public ord[nmos. Any subesquent reduction ARTICLE 21 Pursuant to the provision of tbyooadition* in the, immediate vleidtr. health, •stets, or welfare, In site Ras. or floor area occupiedby ADMINISTRATION ordinance U It results In creation ofCostatInconveniencetoIll* or materially LaludoW to mm conforming use *ball be any site or Parcel of Land which dossapplicantofztrlcnor11tem1eompH• - properties or Improve- deemed •new Limitation, andthe use 9ambn 81,100 ZeaiaL Adminytrr, nut fully mat the lot site andan" with • regulation dull net be a mm4In the vidnitY. shall not thereafter be enlarged to Lion dimension requirementa of ther+.son for granting aparlance. 9) That the variance: is war- occupy a greater site was. Or floor 21.101. APPoi?tmegt. The Town district t, which it la located. TheVariances; may be granted only with ranted for Onc or mate Of aegis than such new Hmit.tLOA, Manager shall APPOttt a Zoning Declaration of Site AHo4tlee proes- respect to the development standards the following mesons: Section 20.600 NOP -Conforming Administrator who shall adminldw dun shell not be Substituted for theprescribedforeachdistrict. including a) The strict or Literal Structuresand Site Improvements and enforce this otdinasa. The Ps1Deeduna the l- bt area and Site dimandens, interpretation and en• Structures and site lmprovementa Position. of Zoning Admtjntstrwtee If the site stitutSianOro nce If itSetbacks, distances between build• forcemeat of the ape• lawfully established Prior to the may be combined with another of which Can beaa! a pamo which can bstoga, height. density Control, building data this eenoe which POdtba ofthe Yom. meal subdivided m latitrtharbulkcontrol. Site coverage. useable would It In pr cti- would result b smut- de netconformdonot to theyhe Duties. Ths m, ofSubdivWtheprgrJdpnso! the: ghe % open space. landwaping and Site cal tr or ical thin serif• rose this rd& pie for SuchtratorWanberedrisibleforweb Subdivision - development, and parking and necessary Physicalnecessary awasstandards a tes for the dished in wbyh they duties this OdutiesalProscribedInthis Section 21.400He o - badiag requirements: or with respect inconsistent be coathtud. are y be C n wend shall he responsible " force" or enfoThe W6ao thisWhenbymaltedbyscattotheprovisionsofArticle14ofthistviththeanjsctive; etwiththeobjectives mayctUmoSitmaymsiteinn Zoning Themagiofthenotingr pfd hearings bor eles. h headeP baton themdlpncegoverningPhysicaldevel- this ordinance. accord itbeenlargedariaaccordwith thefo mirator and his daps- Zoning and his Planning and the TomMali, opment on a site. lb) There are exc following nstanowl,a ties shell haw the right W onlbe" Nall inall" beThePowertograntvrlancesdoes not extend to the use r ledstlora Binary ekp or stances Structures sits improve• 11 Stnmtutaa structureanysitstoenterenszmucion fortheo! investigation ass with the thiswiththesinsofthis ion. prncrlbed for each district beowwo f c dl- to thetimeapplicableortotheidea. of imegawhich do not conform to requinmeny p°rp Inspection related b an7thaot ofprovision Setting r ISULU. the thing at an fora usehefill. Setting toss Hearing. aPAtheflexibilitynecastarrtoavoidsiuofthetheformu.^. ea be- rigs oryaanw, provided that tbs nco. orOt. permit ass a varlanoe, orapetition for l y resits inconsistent with the oblev- that do not apply twee° buHdieP, height, buildings, be axerightOfmtrpshahbeexrelSad oalr amendment, or upon the flung of naydoesofthisotdlnaaceisprovidedby ndiArUde18 (Candldenal Use Permits) othergenerallytoother building bulk ennt O1, or at reasonable bases and that In 4P ether document or action thet and be &aC 2&.500 (Amend- properties in the Owns-, site coverage. may be cans shall any structure be entered in disposition of which requires a ions. The lite enlarged. Provided that the the absence of the owner or Conant hearing before sither the Planning section l9. Application and c) strict. m: al intaprerattop and en- vZ_w mmt does not fur- without the written order of a court Commission or the Town Ceumell or both tbla theRpadnadIttormatiotforcemeatofthesprthatIncraawthedicq. 01- 21Peuntjudsdietim, The Zoning Adminilteater pursuant to Ordinance. Commission the TomApplicationforavariance •hall be sided regulation mar between the total mar serve Indicating Plead,[ or made upon a foam Provided by the dePdve the notice the nature Of sqY Counen• as appropriate. $hall wt abeZoningAdministrator. The applice- would. building bulk Control or violation, or requirlas the removal of date for the bearing which Shanfromdate tion Wall be supported by done, applicant of pdvilagea mjoyed by the did provides •hatdarde any structure Or use in violation of this the bid not more than 30 days the filing thesent, mope° Pima. and other provided ilt i the ordleaaae. an owner or of of aPPHwilut orreceipt Medal containing the following owner of other Properties in the Same : addition fully contorme with, setbacks, Weumcea authorised saeat, or a tenant, ass onanyotherperwewhoeemmitsw of the doeument. 81.402. Notice. Net Isle than fifteeninlotwSatiear d ,• (1) Name W direr of the district. - between buOdhtP. sad participstes• la wry violation of this 151 days Prior to the data set for theownerandlorapplicantSectionIn.700 Action by Towa byght.Standards mptleab)d ordinates. The Zoning AdebtkYater beaeiae, the Zoning Administrator v w a statement that the Canned - - Within following to such addition. ma7 tall upon the Tom Attorney W shall cause a copy of a notice of thetabe109110=11. H not the owner. 1 weak action D! its inatihtte seeesSarr Lehi ProossdlaP time and plane ofsuch bearing has Cho permlad" of the the Planning Commission, decision 2) Structures which do not to =force the provisions of Shia published Ona in a newo"Pa of ownerto make aplNcalim shed be tranaudtted to the apMoint conform to dmdty Can- ord(osnee, and the Tom Attorney general chou)etion in the County ofanda" as agent for the and to the Tom Council. At its next tmis may be ealargd, only hereby is authorized to Institute Eagle. a, email: regularly scheduled meeting follow. if the total gross raddant(al appropriate actions b that red. The 21.408. 6wWOMAG. The Planning S) L SW deaodMba. Street ins receipt of the decision of the floor an Of the enlarged - Zoning Administrator may Can YPm Commission shall boa Its deterrlac• 4 eraddases. and other idea0• - Platt eg Commisden, the Tom structure does not exceed the ChiefofPolice and hisauthorised flans upon Statements contained in trial data of the Council stall review the action, of the the .total Ross residential agent. to assist inthe entorc*mmt of the application Or petition. upon sy*, Commission, and nos confirm, rtoor area o! the Dncx• this wanwees. reports !mm the Towle staff at 171 A statement of aM P•ralms modty, OF reverse its decision. It it Lst(41 nonconforming 21.1041. Appeal of Administrative consultants, It say, and uponpastoratthevari- agrs dNpa Insufficient Information b structure. Actloas. Appeal tram my advabliftra- evidence presented to the Controls seasedad, the taaulctbgtsavelv*a, avaWbb to Provide the basis for sOW deddee4 the Council 9) site impeovt action by thedsteor don at the bearing and she practical atfflrO tY ass urmeoewey mayO'sWw a final eettOa tar not men wanailtres imeatswhich do net conform to requirements To a theTownManagerexthe ZoningAdministratorpursuanttoprovisions The Town CenneH shall base Itsdetarminatiowupopstaterantscan - pbdealkwdsbip Irvoadet, eel wya sass thi° 45 days° and the Cauaell W. Its ao for useable open ry os or of this ordinance may be !Lied with tafned is the application m Patltlee. epal a glawi. rs ofIYatveWd U lo M ieaalInac, rd withlib the" lsgdwaplut and site devel. the Tom Council by earram$daitt Or upon reports from the Tom ruff at re aereallfivearias pr l OOfatl6u 21.4tleotio• 2!sai picture o! theofthe opulent may be enlarged. property owner within 30 days consultants. If any. upon evidence saa1 Me W aed"A PO°W N eat Prior tO the Provided that the useable allowing weh action w determlaa• submitted to the Planning Comma• Meant ad I e sPwd:14 dais It *ass s4d1 b 1 Open spec* nquirsmmts if". [a event of appeal, the Council° don and the recommendations of the tWR1. ." deemed APPet drama appeeval of the soon br the aPPlteabla to suck addition after receiving a report from the Commission, and even evidence 141 llvaatto Wail be fully Satisfied, and Town Manage or tie* Zoning presented to the Council at theft— y a tomkm Provided that the percent, Administrator, easy confirm, reverse. bearing ter ass We Mes, W M 1%6 TowsCOwbcH Nan art Ia Aeeod age of the toad site which or modify the action of the Town Hearings shall by Conducted In Such a aPrteieg der M aeaaweep, wad the aasse alteria. W ShanmAkea 4 lasdstaPed shall not be Manager or the Zoning All- tu oboe Sus to afford an appheamt or prtYa.at le Ly undo*[ the rsss flmdle, es laeeealbra rduced below the mint- tor. A hearing sheLi net be rvquird, petitioner and all late esna Parties MWAWJg scan t9.ts9.0 aetrps rerun" a. mum requtrsmmt. Fallon o! the Council to act within the opportunity tosubmit exceptions beuedo"k teMtYM vMUM artlea at tM CaronNd 4) Sttucttns or slu tmPew•e- 00 days of the 011109 of as apvsd to the record. Contentious, and bell- M&ia/ FO1YaY. lrvass* steal arse"Sal(p -,. Bae aR 1LOM Wassail manta which aO not dot— to the Nell be deemed concurrence In the argument& with respect be the liable sad heelless, taga e mmok BltiLr tagrmaea W Off-MOat Parking W bating aedeq of the Tom Manager Or the entailed. Provided that the P[mneea A paysisd add dhaftrjayu."Ya"e9 7!v iltlth9 asslrlrmeatsOfillycry- Zeeay Adeeletwrator. No APPr1 filed punWnt to this CommdWoo and the Town CouncilmssLimitthetakingofevidenceto l1 s Puma I 6MMa etyg ::. baeassea nanOe war be enlargd. DeOvtdad 8eege0 MtaH ooaaliWte at sped erid*acr sot Ptavlewly wtbtdtted the Z41" A1ss1 araam or sir Wl, aallk" ,. pe+ gaedMuta M y that 00 lerklggasldbadlagt"uin Basta from a de"m mad by the DesignRsviaw. mad mde a matter of mead. Sun Na"esiM lflaregg$M 11P 4ba g1 malg[t eddHbn WAIL M Bond t•ttruast to Article Is W a decision made by the Planningltmr atlsd+d zed that du Cemolsweel wrsWat to Attlds 28 COfkiHWd — Page40 60 The Vail Trail 10 Proposed urection, Olvedn, h Applicationcontroversydirectlyinvolvedintheeoatrovany Dated this twenty1,eeond day of central angle of 27 degrees 00'00andachordhearingN81degreesinwhichsuchJudgmentshallhave June, 1973. 30100" W a distance of 128.39 feet; been rendered and shall not affect or TOWN OF VAIL YLL mzOn Ord nr impair the integrity or validity of the by Diana Touthin corner of Lot Two, Block Two, Vail remainder of this ordinance or the Zoning Administrator From - Page 59 application thereof to other persons, Published 1n the Van Trail June 29, 1978. property, or circumstances. The Town Council hereby declares that itSection21.500 Amendments would have enacted the remainder of The rrgulatbom prescribed In this this ordinance even without any such LEGALNOTICE ordinance and the boundaries of the part, provision, section, or appliel- distrlct shown on the Official Zoning tlon. VAIL WATER AND SANITATION DISTRICT Map may be amended, or repealed by Section 21.900 Repeal of Prior VAIL, COLORADO the Town Council In accord with the Ordinances. CONSULTANTS PROJECT NO. KRW 3051.860 Procedures prescribed in this Section. On the effective data of this INVITATION TO 8!D 21.501, Initiation. An amendment of ordinance, inane N No. 7 (series of1869), Ordinance No. 5 (Series of The Vail Water and Sanitation the regulations Of this ordinance or a 1870), Ordinance No. 15 (Series o! District, Van, Colorado, will accept change in district boundaries may be 1970), Ordinance No. 3 (Series of the following until 2,00 pin Julyr24. 1973. Immediate- initiated by the Town Council un its 1972) shall be repealed, and . any ly thareatter, all bids will be publicly a,Yn motion, by resolution of the other provisions of ordinance, of the paned and read in the presence of Planning Commission, or by Petition Town of Van previously enacted the bidden. Bid. may be mailed to the otficsof of any resident or Property owner in Inconsistent with the provision. f the District Engineer, Vail Municipal Building, Vail, Colorado the Town, this ordinance hall also be repealed 81657, or may be submitted from 1:45 to 2:00 A petition for amendment of the no the effective date of this regulations or a change in district ordinance. This ordinance shall tape location: Town Council Chamber, Vail Municipal aubdims, Vail, Colo- boundaries .hall be filed on a form to affect in accordance with the roan, be prescribed by the Zoning Provision of the Charter for the Bids shall consist Pr at: Lump sum proposal for general Adminla[rator. The petition shall Town of VAIL contract for sewage tr "invent plant, Include a summary of the Proposed SeaSDI1S m Colorado IS eohlaui(,d1973expansion, aid bond. re,ision of the regulations, or a INTRODUCED, READ, AP- Each proposal &ban he submitted on the prescribed forms supplied with complete description of proposed PROVED, AND ORDERED PUB. changes in district boundaries and a LISHED THIS 19th day of June, 0%) of the amount of the pm Powl. map indicating the rxizung and 1973. Said bid security shall be forfeited to the water and Sanitary District. V W, proposed district boundaries. The - j TOWN OF VAIL Colorado. as liquidated damages Petition also shall include such By John A. Dobson should the successful bidder tai) to enter into contract to accordance madditionaltntoration as pnscribed Mayor with their proposal a specified in by the Zoning Administrator,: ATTEST: 21.502. Amendment Fee. The Town Linda R, Haas the Performance and payment bond Council shall set a fee - schedule for TownClerk on the form provided in the amount of one hundred (100) per cent of the petitions tot amendment of the Published In The Vau Trall on June total cantract Price from a suretycompanyholdingfrom regulations of this ordinance or a 28th, 1973, change in district boundaries, suffi- cleat to cover the cost of Townata11 su .ty suretieset act cc surety, Orothersuretyorauretfesacceptableto time sad other expenses incidental to the owner, the of the petition. LEGAL NOTICE. Bid documents are available at the - office of the Engineer, The Ken R. 03. 21.603. Homing by Planning Com- Pia, demanding dramatic role of his Career as a Midda businessleaPeWhiteCompany, 3955 East Export- mission, Upon filing of . petition far non fighting far svrvival and mmdmmt or upon initiation of an NOTICE OF INCLUSION refundable sum of $60.00 upon return of documents in good amendment by the Town Council or NOTICE IS HEREBY GIVEN Condition, within ten days after bid opening. Planning Commission, the carnotite- that there has been filed with he Bid documents era avauable for lion shall set i date for hearing in Board of Directors of the Vail Village examination at the Municipal Build- accord with Section 21.400, Notice West Water and Sanitation District rag. van, Colorado, and Dodge Plan Room, 1380 $ouch Santa Fe Drive, shall be given an, d the he-lag and with the Board of Directors of Denver, Colorado. The conducted in accord with the the Van Village West Fire Protection the ow. wner it bidder s ed burin; with proposed schedule providona of Section 21.400• Diateiet of Eagle County, Colorado, stofconstruction add estimated 21.504. Planning Commission Reo- an or about May 21, 1973, petitions monthly Payments within ton (10) ommendatbon. Within 30 days of the p eying for the Inclusion. of certain days aft" meclPt of Notice ofAward. .., closing of a Public hearing on a lands in such Dtatrlet. No bidder may withdraw his bid for a period of thirty days aft" the Commission d amendment, the petshallactonthepetition 1 The names andaddresses of the opening of hid; - r Proposed. r proposal. The Commission may - Petitioners and the description of the The V W. water and Sanitationw,tria reserve a '.3' rd. recommend approval of the Petition property mentioned in such petitionsin"fonowa: dths - way and W hl informWtlm in the peopa," re- or proposal sa initiated, mayOremmdapprovalwithweb Owners: Alvin M. Krutsch calved, and to accept the to thedeemedmagitoIlia modifications as I deems necessary and bet interest of the Dlatclot: - he District. to accomplish the purposes f this IKM Real Estats, VAIL WATER AND ordinance, or may recommend dental Inc. of the 9etitian o rejection of the 1500 Grant street, Renraer District Englosir proposal. The Commission shall TlwraesyyaHerYyVailwaterand its recommendation, togeth- Deaver, Denver Colorado Sanitation t m with a report on the publicbearing 80205 uni lipel BuildingvaIc4.I.ao 7 and its deliberations and findings, w Description: - - the Town Council. 21.605. Hearing by Taw. Council. EXHIBIT' A - 1 Upon tees pt Of the rei?rt end- of Pla $Lng A Part of the NE 114 SW 1/4 of SectionrenimmmdatioatheC...' a mino. the Town C...Oil thou 12;- ;tTCwnWp 6/ South, Range 51 West of the 6th P.M. 1 as the "hit man" - 9 Owe'0 a Problem, henn FIX II 0.04.t,. • art a data for herring in accord with - described m follows; SeMipn 21.400. Nodca shalt be given Beginning at the center of lad i and the hearing conducted in accord Section I2• thence South 0 M. with the proaiena of_ $"Uon71'400. H degrees Is. West along th steEa l 21,606. Action by Town Council line of rid NE 114 SW 124, leafeettoaPointontheNorthlineWithin30daysoftheclosingo[ a of a tract described in Book taePubLiabasingonaprnpord mewilmettt, the Town Council shall at Pye 59; thence, alans said. di' ant on the petition or propbml4 The North Bp., South as depesa69'811• west, 353.7 feet; thmcgTewnCouncilshagconsiderbutshall stag Southwesterly along a curve to u be bound by the recommends- the setheleftwhodius is 7Commission. Sion of the Planning Commission. TThe Town Council feet; and who" chord beanmayCausean oedinantr to be introduced South 52 degrees 25.32" W4[, to amend the 94.05 feet, on sm dlatamce ofregul.tltme of this ordinance or 100.74 feet: thence North totoelu.ge_ diaUi_ct boundaria, either degrees 05'39" East, 222.12 foot - accord with the recommendation to a point on the North Line ofofthePladal.e Commission or in mid NE 114 SW 114; thence Northmodifiedform, or the Council may as degrses 59'31" East, along therdenythePetition. If the Council North one ofsaid NB 1 t48W ll4. elects to proceed with as Ordl.m" 880 last, mon be lets; to a pointamendingtheregulationsorchangingofbeginning, County of Ragle, district boundaries, or both, the State of Colorado, - - ordinance shall be considered as prescribed by the Charter of the 2 The pray" of the etltfew are Town of Vail. that the above propertyPoperty be includat. Section 21.600 Certificates of Zoning within the Vail Vlnaee West Water Compliance. and Sanitation District and th6'JW . It shall be unlawful to use or occupy Village West Fire Protection District, or to permit the use or oecupmy of Accordingly, notice h hereby any building or Portion thereof, or given to as Interested persons 'to site, or both, which may be ,erected, appme, at the meeting ofthe Board of converted; or altered uaW a Directors of the Vail Village WestCertificateofZoningC.untu a Fire Protection Dtirwct at the VailshallhavebeenissuedbytheZoningMunicipalBuilding, Eagle Cotmty. Administrator certifying that the Colorado, at the hour at 6:00o'clockproposeduseconformstothePM., and at the meeting of the Board requirements of this ordinance. f IXrectoss of the Vail Village West No permit for erection, alteration. Water and Sanitation District at theVailMunicipal 1 moving, or repair of any bulldins shell be Issued until an apPlicstton Building, EagleCounty, Colorado, at the hour of t has been made for Certificate o1 7 ;00 o'clock P.M., on Tuesday, July 10, 1973, and show ceu" inv, ,1 - w *•-" Zoning Compliance, and the 2oning Advilnbatrator shall Issue the certifi- writ have. whifsaytheyhrva, by web petltton cote upon completion of the k shouldnot be provided that it -plies with the VAIL VILLAGEWEST WATERFrequirementsofthisordinanceACertificateofZoningComplianceANDSANITATIONDISTRICT may ba combined with . building Syron D. Brown, President permit, or other permit, or may be VAIL VILLAGE WEST FIRE c; '•'`_ Lowed a, a seP"ata certificate. The PROTECTION DISTRICTDISTRICT Zoning Administrator shall maintain Louis L. Livingston, a record of W Ctrtlfleates of Zoning Section President 21. Section 21.700 Construction and Usr Published in the Vail Trail on June a& in Plana 22, June 28, and July 6, 1973, Building Permits and Certiflcstea or Compliance retied • beat& obashof piano, a Declarations of Land LEGAL NOTICEADocation, or any permit granted pursuant to this ordinance .hall authorize only the use arranlement, PUBLIC NOTICE and construe ion set forth in the Notice I hereby given that Engelkeplant, Dec)vatfon, or permit; and Architects has tiled an applicationanyotheruse, arrangement, or with the Town of VW for anconstructionatvariancewiththePlans, Declaration, or permit shall be exception to the setback mquire- deemed a violation of this ordinance melts imposed by the O.J. xordinancefortheTownof Vailandpunishableasprescribedin Article 1. Ordinance No. 7, Series of 1969, as Section 21.500 Ssverability amended), which application it an If say Part or provision of this file with the Building Department. A public hearing will be held beforeordinanceortheapplicationthereoftoanyperson, Property, or cit -we' the Board of Zoning Appeals for theTownofV" on said application atstanceIsadjudgedinvalidbysoythehourof9o'clock am, ThursdaycourtofeompetentIuriffiiction, suchjudgmentshallbeconfinedInIts July 12, 1973, In the Municipal 1 a June 29, i973 heard at the time of the publichearing. having a radius of 275.60 feet, s 30. A totalDatedthistwenty1,eeond day of central angle of 27 degrees 00'00andachordhearingN81degrees arClleTy bighoJune, 1973. 30100" W a distance of 128.39 feet; issued through TOWN OF VAIL 2) N 68 degrees 00'00'- W a distance of 270.00 feet to the Southeast Only. by Diana Touthin corner of Lot Two, Block Two, Vail Zoning Administrator Village Sixth Filing; thence along the Archery antelo Published 1n the Van Trail June 29, 1978. Easterly boundary of said Lot Two N22degrees00'00" E a distance of have in wait uh ' ill NIh' pof tTrect rbe bto tale ent" Southerlydebaboundary BcV1111"ead will open llleIn LEGALNOTICE Third Flint; thencetonsridSoutherlyboundaryonthe Arils8ntel0pehuntersare 1 follo,Ybng four courses: 1) N 11 that in three areasVAILWATERAND SANITATION DISTRICT degree& 24'18" W • distance of 69.38tees; 2) N 81 degrees 27'90" E a spasLimoDalaterifle KSeaxm VAIL, COLORADO distance of 151.03 feet; 3) N 69 WA toinprogress. Dales CONSULTANTS PROJECT NO. KRW 3051.860 degrees 23140" E a dtatanee of234.53 feet: 4) N 04 degrees 3 far archery antelopepe Sea600 4 INVITATION TO 8!D W a distance of 55.00 feet to s pointpoint on the Southerly November 3 through ho meftTheVailWaterandSanitation boundary of VaufLionsHead Second Filing; 30for one antelopePe Of 17t11fs saxDistrict, Van, Colorado, will accept thence along[ said Southerly bound- All archers are reminded thatthefollowinguntil 2,00 pin Julyr24. 1973. Immediate- my N 63 of 245.00 fete degrees 19 degrees the annual bag limit is 11 d ly thareatter, all bids will be publicly 64'55" E a distance of 407.15 feet to wOneelk, one antelope a1>dpanedandreadinthepresenceofthetruepointofbeginningcon- otrbighornSheepperlr6o11thebidden. Bid. may be mailed to the otficsof tabling 6.488 acres more or less. m the Calendar year. In 4dditlon. the District Engineer, Vail Municipal Building, Vail, Colorado Diane S. ToughiB Zoning Administrator archers bagging a bighorn sh81657, or may be submitted from 1:45 to 2:00 Published in the Vail Trait Jude pWillnotheablet0huntt P.m., at the following bid opening on 29, 1973. ar abighornagaininColorado, thelocation: Town Council Chamber, Vail Municipal aubdims, Vail, Colo- animal being considered a Obi! roan, in a lifetime trophy. Bids shall consistPr at: Lump sum proposal for general aArcheryBig Flu information about a,r.i,e,, archerycontractforsewagetr "invent plant, SeaSDI1S m Colorado IS eohlaui(,d1973expansion, aid bond. Game Season in. the Division Of Wildiife's IgnColoradoEarlyBigEachproposal &ban he submitted on the prescribed forms supplied with GameSeasonsinformationpamphlettheContractDocumentsandmustbe amount of - t l bid security in theemouat .f sot less than flue per cewt Opens Aug. 18 which Will be available at alllicenseagenciesandofficesdg0%) of the amount of the pm Powl. the Division onand after June 1s. Said bid security shall be forfeited to the water and Sanitary District. V W, Archery hunting seasons for Colorado. as liquidated damages deer, elk and bighorn sheep allshouldthesuccessfulbiddertai) toenterintocontracttoaccordance open August 18 and ContinuePegus with their proposal a specified in on into September. the Contract Agreement, The successful bidder Must fuxniah A1'Chely deer hunters Wl)1 the Performance and payment bond able to hunt frolll August 18 FIRST R010R010. yontheformprovidedintheamountofonehundred (100) per cent of the through September 23 with an ThursdayJuga 21-30 total cantract Price from a suretycompanyholdingfrom perantlereddeermisted in the SAVE THE TIGERapermitthe State Colorado August part of the season and a su .ty suretiesetact cc surety, Orothersuretyorauretfesacceptableto deer of either sex permittedP Jack Lemmon turns In a superb the owner, during the Septesliber part of the Performance in the most Bid documents are available at the - office of the Engineer, The Ken R. geaSOn The Whole state is open demanding dramatic role of his Career as a Midda businessleaPeWhiteCompany, 3955 East Export- August 18- August 31, while the non fighting far svrvival and tion, Denver, Colorado, for the September season i5 opl n. state- unity within the system. (U.S, A refundable sum of $60.00 uponreturnofdocumentsingood wide except for foil' areas which 0riY Condition, within ten days after bid opening. have different closing dates and SundayandMonday, Bid documents era avauable for abag limits. July1.2 examination at the Municipal Build- Archery elk hunting data Will THE SWORDrag. van, Colorado, and Dodge Plan Room, 1380 $ouch Santa Fe Drive, be the same as for deer. The IN THE STONE - Denver, Colorado. The August part of the season is 0FpDeeRn the ow. wner it bidder s ed burin; with proposed schedule statewde- except for two a= W.h Disney's maoicai enfmared stofconstruction add estimated for the taking Of en antlered elk. featurebringing me untold legerod04KingArthurandrlinMemonthlyPaymentswithinton (10) TheSeptember part ofthe season m lweCan Magician. M,S.A., days aft" meclPt of Notice ofAward. .., is open statewide except in four No bidder may withdraw his bid for a period of thirty days aft" the areas, two of which have Tenderand opening of hid; - different closing dates and bag WaenesdaY•JUIYiw The V W. water and Sanitationw,tria reserve a '.3' rd. limits, for the taking of an elk of FLASH GORDON'S dths - way and W hl informWtlm in the peopa," re- either sex. The Cold SpringMountainareainthenorthwest TRIP TO MARScalved, and to accept the to thedeemedmagitoIlia part of the state and the Glade Trippingapes"t[w ligiMbridge In bet interest of the Dlatclot: - he District. Park-PIUOD Mega area Weft Of a fentesllc voyage of ericeuiler with PALM endthe clay People, weVAILWATERANDGrandJunctionwillbeClosedtoloinFlashIllhisfeatureIertglh SANITATION DISTRICT elf huntig• samrY. Renraer District Englosir Bighomsibeep bowhunters Will TlwraesyyaHerYyVailwaterandhavefourareasofthestateinell Sanitation t which tohunt, three Of which willunilipelBuildingvaIc4.I.ao 7 be opal tram August 1a through THE MECHANIC ; Published In the Van Trall on Jura September 16. TheSd three areas Action aria danger In an LA. 29, July 6 and July 18,1978. are the Marsball Pass area West ccennicnly vml.awleted afrrl byuuchaefWhutsr. Omelet INoneon Of Salida' the Alkemas fiiVEr as the "hit man" - 9 Owe'0 a Problem, henn FIX II 0.04.t,. • LEGAL NOTICE area, north and south of the fiver A t hornCanonCity to Cotopexl; and Pursuant to Article IV, Section 2 of theBeaver Creekarea northeast M. Oxtumaee 'No. 7 (Series of 1969) m if CallonCity. Thetether area theemended, notice is hereby given that VW Associates, i.e.hasapplied to, , Sangre de Cristo mountain - - Tr.Mrr rrw" Conditional Use Permit to allow a range, will be open from man sal."H . snow- makins pump house building in ro . an Agricultural Zone pursuant to September 4 through September Article ]I, Se -4 8 of mid Zoning ' Ordinance, The location, of the conditional use is described as follows; - LEGAL DESCRIPTION A Parcel at land 1. the North One Half of Section Seven, Township Five South, RangeEighty West at the Sixth Principle Meridian, County ofEagle. State of Colorado, more Particularly described as follows: Commencing at the Northwest corner of Lot One, Block Two, Vail Village Sixth Filing, being the true point of beginning; thence along theWesterlyboundaryofsaidLotOne, S 24 degree. 23'46" W a distance of 209.20 [eat to the NortherlyRight -of -Way of Forest Road, thence across wild Northerly Rigbtbf -Way S 24 degrees 28'46" W a distance of 50.00 feet to . point on a curve of the Southerly Right -.f -Way ofForest Road; thence alone said SoutherlyRight -of -Way o the following two courses: 1) a distance of 64.13 feet along the erc of a curve to the Left. said curve havlog a radius of 125.00 feel. a central angle at 29 degrees23'45" and chord bearing N 80 degrees 16'06" W a distance of 63.43 fact; 2) S 66 degteet 00.00" W adistanceof200.00 feet; thence N 05degrees00'00" W • distance of 50.00feettoapointontheNortherly Rightbf -Way of Forest Road; thence along said Northerly Right -of -Way on the following two counes: 1) aBuilding, Vail, Celoredo. All Inter- distance of 129,59 feet along the arcoperationanddirectiontothepart, est.d persons may appeat and be of curve to the right, rid curve For Rent: Office Space Center of Vail Village Pension Isabel Private Baths Phone 476.3380 Live in A Rental Discovery! Discover APOLLO PARK AT VAIVS one and two bedroom rentals, beautifully furnished, great village location, from $190. Telephone Resident Manager Jane Haas, 476 -5881. PS.- Ask Jane about our special Spring and Summer leaps- I rd A O O O b nc r n a y IsE t O P7 w 7 D r. .T d m m a G G r ODU° R rL oVApR rONOp 4 H O i R CL d m ° r A. a, m w A a ym Ma m p 0 IpO 4 A O as ' v LFT ^ ev a r ran El m Cr R fT m O W m V"qi e h _. poJ, R V+ . ERFa. CT R m m rLAOCLcC o V1 n D R ^R' nwwyo0 r~ SR• c. m c on: 10 pG MdpC4 y I C O CL ma Vi to co7 „Oy O O A• O ^ty m Z C d C C 1 y vim+ p p '+ m V' CL to fD y 9 CL a a c yM 0 CL w1' CL m aa CD 1.1 eD 0. eD rd A O O O b nc r n a y IsE 46 The Vail Trail August 17, 1973 0 Zoning . . Ordinance Council shall interpret the district boundaries. - Section 1.500 Apo"tion of Regt4i- tiorsThe regula0an4 prescribed by this ordinance applicable to various districts and was Wall be minimum regulations and shall apply uniformly ptoeachela or kind of land, structure , Or use. Except a herein fter pmvlded, the use of say land, the size or shape or ptsoement of lots, the construction or location of structures, the providan of yard. and other open elutes, and the provision of off-street Puking and loading space W e iWallbe compliance with an of the regulations specified herein. Section 1.400 Penalty Every person Violating spy provision of this ordinance, or of any permit granted hereunder, shall be Punish- able by line of not mom than 8500.00, or by imprisonment ter not mom than ninety days, at by both such tine and imprisonment. Each separate day or any portion thereof during which any violation f thisordinancedeeursorcontinuesconati- Uttea a separate ofien.e nd upon conviction themof ehaO 6e punish- able as herein provided, section 1,600 Construction and UsageWords used in the prewar tease include the future, and vice era; words used in the singular include the plural, and vice versa; the word hall" is mandatory, the word may" is permissive; and whenever reference is made to any portion of this ordinance the reference applies to all amendmmts And additions now or hereafter made. Section 1.600 Definitions When used in this Ordinance the following words and phrases shall have the specific meaning as hem defined; Accommodation Unit: Any room or group of rooms without kM;hm facilities designed for or adapted to- occupancy by guests and accessible from common coridon, walks, or balconies without pasdmg through smother accommodation unit or dwelling unit. Budding: Any sanctum having a roof suPPoned by columns or wake, or arty other enclosed structure, for the bou"S w emcloome of persons, ammni& or Property. Convseide s Facility[ A building as Portion thermf designed to oeeom• onodale 500 as more persons it- monthly Mgt not teehcdtsg a dining room w meeting room in a lodge if such dlnmg roam err ="Una roam M designed to Accommodate late than am Persons, Dwelling UAW Any room or group of rooms in a multi - family building withbttmestwolu" design" tar or used r e dwdmes by ores family As an w tntn (Ifs) to wan zm— Dwollng, Susie Family- A dbuddtasdesignedfororused as adwegentexelurvdrbyon• family as an 1ndeWmdsal hmms "PLeg unit, Owe01nR Two Fawgys A detach" building aoabdakon two derailing units, designed nor or used ss a derelfkag eadndnb by two faonlfies, each Living An as hsdrpeseamt hotaeliaephna wait, Dwelling, Multiple Family: A build• ins containing three of rema dwellingunit& including townhouses, raw houses, spartmenta, and cendo- mtntum unite, dglpsd far or used by Olin• of mere familles, .ub living 00 an trod mrst of housekeeping unit. Family: An Individual, or two or more persons related by blood, marriage, or adoption, excluding domestic servants, living together In a dwelling unit used as a elope housekeeping unit; or a group of not more than tow unrelated persona living together In a dwelling unit used as a single housekeeping unit. Floor Ana; The sum'of the grow horizontal areas of an floors of building, including habitable or useable pemthoumk mn` hotow ground which are. habitable and attic pace; but not including unin- habitable or timetable sreu below ground or In attics, and not including arose designed for parking or loading within the building, Floor Area, Gross Residential: The total floor area within the enelosins ails of dweBlna units or accommo- dation units, Including closets, service uses, and interior wells within the units, but excluding , hallways, corridors, atair lls, garages, and service °rep outside the dwelling unit or penmmodation unit mclantws, and uninhabitabie heating or mechanical equipment arses. Grade, r Average Grde- The areas f the finished ground level At the midpoint of each of the exterior wells of a structure , excluding walla 20 ten or less in length, provided that dhtadce be. tween the grade And the finished ground elevation at the lowest point adjoining the structure shall not exceed by more than 25 percent the height limit at the district in which the structure if located. Habitable: Any eyes designed for sleeping, living. Booking, dining, on-Und. or recreation as applied tofloorarea. Haight: The vertical distance between the average grade of s structure and the highest point of the structure, m to the cOPMJI of a flat root, to the deck line of a smmnrd roof, or to the highest ridge of a sloping roof. HOMO Occupation: A we conducted entirely within a dwelling which IsIncidentalBrutsecondarytotheuse of the dwelling for dwelling purpaeea and which does not change the residential character thereof, Kitchen Facilities: Fixture, and equipment for food storage and Preparation of Mal% Including a mink, atavo.,_ and mfrlprstlom and trr,T%-r.1 it: r,fa food stoop facilities, Landscaping: Planted emu and Plant materials, - including tree., &—be, lawru, flower bads, and Found cover, together with decorative elements such as walks, decks, patios, terraces, water festunL and like features not owupyins more than 20 Per cant of a landscaped seen. For the Purposes of this ordinance, natural "or significant rock outcrOPPlnp, trees, or native vegetation shah be deemed landscap. ing, Lodge: A building or group of associated buildings designed far occupancy primarily a the tempo- rary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation unite Axeaedi the gross residential floor ilea devoted to dwelling units, and in which all such unite an operated under a single management pnvidLna the occupants thereof customary, hotel services and facilities. Lot or Site: A Panel of lend occupied orintended to beoccupied by A use, building, or structure under the provisions of this ordinance and meeting the minimum requirements of this ortynanca. A lot or site mayconsistorX. lot of record, a portion of 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 Line, Front: The bounds" line of a lot or 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 vin. Lot or Site Line, Side: The boundary line of a lot or site extending tram the front One towards the opposite or rearmost portion of the site. Lot or Site Line, Rear: The boundary Line of a lot or site extending between the side lines and forming the boundary of the lot or site opposite the front line. In event of a lot or site having only three lot or it* Ones. a line 10 feet In length within the lot or site extendingbetweenthefideOnesandparallel to the front hoe shall be deemed the mar One for purposes of establishing setba.". Office, Buria.te: An office far the conduct of pmrd bw mtme and servlee activities, rum on ofllees of real estate err hsnmeca amts, brokara, eeerewrial or stenographic services. Or offices for peen" business activlLM. and trantettions, wbam teraga. vale. W display of mermhandim oar the premfry otec,- Ptaa Mae than SO pa t•+m, of Us scow Professional: An office far tie. of a Dr.f.adcm, such u perform setvicss of a Peof.*" -Lt Lure. wham store", ash. or display of merchandise on tie Promises ocasPes late than 10 par coat of the Door area. Setback: The distance how a let or site line mpwred bodseetalb to time or loeattae within the list w silo bleb Z bltebm the permitted Location of uses, structures, or building on the rile, Setback Ana: The area within a lot or site b•tweem a lot or alto has and the corresponding setback liar withinthelotorsite. - Setback Lim: A line Or locatkm - within a 161 or mite whim enabBsbes the permitted location of uses, structures, w buildings on the site, Setback Line, Front: The "thatk Una extending the full width of the nits Parallel to and m.esund from the front lot or site line, Setback Line, Side: The setback line extending from the front setback line to the rear setback line parallel to and measured from the aide lot or site line. Setback Line, Reu: The setback One extending the full width of the site, Parallel to and mepured from the rear lot or site line, r Site Coverage: The portion of sitecoveredbybuildings, excluding aroof or balcony overhangs, measured at the exterior wells or supporting members of the building at groundlevel, Structure: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or *that transmission or distribution facilities of public utilities, or mail boxes or light Vf - ores. At the discretion of the Y)emigrc Review Board, swimmingPaulaandtenniscourtsmay be exempted from this definition. - Studio: A building or portion of a building used es a place of work by A. a tint, Photograph•e, of an artisaninthefieldoflighthandicrafts, Provided that no use shale be Permitted err no process or equip- ment employed which is objection- able or injurious to persons or PmPerty in the vicinity by reason ofOdor. times, dust, smoke, cinders, dirt, refuse or waste., naive, vibration, illumination, time, unsight- liness, or hazard of fire .plosion. Use: The purpose for which a site or structure or Portion thereof is Arranged, designed, intended, erected, moved, aitered, or enlarged or for which either a site or structure or Portion thereof is or may be occupied or maintained. Useable Open Space: Outdoor space having an average slope of less than 6 percent, end useable for outdoor Living or recreationea activitieL Including Patios, terraces, gardead, lawns, swimming pools, water to.. tuns, or mcmetian area, and decks or balconies, but excluding drive- ways, Parking tee", access walka, utility and service Areas, and required lmnt setback anal. At the discretion of the Design Review Board, outdoor space having as averagt .100. of up 1A c. to 10 vacant may be considered as useable open space. Useable Open Space, Ground Level: Useable Open space provided at grade or on decks or similar structures not more than 10 feet above ground level and accessible from gomd level. ARTICLE 2 SINGLE FAMILY RESIDENTIAL DISTRICT Section 2.100 Purposes The Single FemilyResidential District is intended to provides sites for )ow density sing). family residential uses, together with such public facilities as may appropriately be located in the some district. The Single Family Residential District is intended to enaum adequate light, air, privacy, and OPM space for each dwelling commensurate with single family accupsner and to maintain the derabslle residential qualitka of such sitca by establishing appropriate site development standards. Section 2.200 Permitted Uses. The following uses shall be permit- ted: 1) Single family residential dwellings. - Section 2.300 Conditions] Uses The following conditioned uses bell be permitted, subleet to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this bre inan": 1) Public utility and public service uses. 2) Pubic building, grounds, end facilities. a) Fublic or private schcals. 4) Public park and recreation facilities, 5) Ski lifts and tows, Section 2.400 Accessory Uses The following accessory uses Wall be Permitted! Y) Private greenhouses, tool- shads, Playhouses. Wag" of carports, swimming Paola, patios,-or recreation facilities customarily In- cidental to single family _ residential +ilea. 2) Home occuPafene. subject to Issuance of a home occupation permit In so- cord with the provisions of . Section 17.300 of this ordinance, a) Other usn custemarlh . incldenW and aeeesscey to ., Permits" w conditional,' uses, and necessary far the operation thereof. - Section 2.500 Developirant Stain, ' lards 2.501 Let Area and Sit• Dimensieae, , The minimum let we site sea Wall be . 12,600 - quart ten, and each site,:.. shall bew a Minimum. frontage of 80 tom- Each site albia be of a size °god`, - "` ;} 2.602 Sir books. The mlWmmn front , tb-ok .hell be 20 fed, the - minimum side embuir shall be to feel. and the minimum nee setbret shall be 20 feet, or I O feat 1f ent eWr setback M at lead 20 feet; Provided, - that 1 feat of additional ids and and - setback shall be ranuirs4 for meth 2 ten of building height over 15 teat. - 2.502 Distam. Between fluddlnRa The minimum distance between e dwelling on oar aloe and At dwstingonmadjoiningmiteWeBbe20feet; provedd that 1 foot of additional ` reparation between dweWnp shall berequiredforaacb2feot.of buiLding:"p - height over 15 feet, calculated on Use basis of the avenge height of the two ;. building& - 2.604. Height. Not applicable. 2.506, lbenmity Control Not more than 1 dwelling unit -hall be - Permitted on each site, end not mom than 25 square feet of grote.". residential floor Area (GRFA) shall be ' permitted for each loo sq"m fact of - ite sees. - 2.506. Building Bulls Control, -NOt.: applicable. 2.507. Site Coverage, Not more than 26 Pee cant of Lht total site use shelfbecoveredbybuilding. 2.500, Useable Open Space A,tminimumof600squarefeetO[•An` t uscable oPen space, exclusive of - required front setback areas, shall be Provided at pound level for each dwelling unit. The minimum dumen Sian of any sea qualifying ar useable ' open space shall be 10 feet. 2.509. Landscaping and Site Devel p- inent. At least 60 pa cent of sacksiteshallbelandoesped, - !' 3.510, Puking, Off - street parkimgshallbeprovidedin "cord withArticle14ofthisordinance. .. ARTICLE 5 TWO FAMILY RESIDE=NTIAL DISTRICT Section S. 100 Purposes The Two Family Residential District Is intended to provide sites for ]og,- density single family or two family - residential uses, together with such public facinties a may appropriately be located in the same district, TheTwoFamilyResidentialDistrictis intended to ensum adequate light, air, privacy, and open apace for each dwelling mm- mintpate with single family and two family occupmey- end to maintain the desirable residential qualities of such site. by establishing appropriate site develop• meat standards. Section 9.200 Permitted Uses The following .des shall be permt& red: 1) Single family residential dwellings. 2) Two family. ,r.ddmtw, dwellings. Section 9,300 CandLtional Uses The following conditions uses shell be permitted, subject to Issuance of aConditionalUsePermitinaccord with the provisions of Article 18 of this erdimma: 1) Publle utility and Pumd - . Town of Vail, Colorado. e ORDINANCE Nil. 8 Series of 1473) desired living qualitIm11) To otherwise provide for ORDINANCE NO. S' the growth of an orderly andSeriesof1973viable community. Section 1.200- Establishment ofANORDINANCEESTABLISH' District, S ..• ING COMPREHENSIVE ZON- 1.201. Zoning Districts Established. IING REGULATIONS FOR THE The following districts we herebyTOWNOFVAIL, AND PROVED_ established; ING FOR THE ADMINISTRA- 1) SFR Single Family Red - TION AND ENFORCEMENT OF dential District SAME; CREATING ZONING 2) R Two Family Residential DISTRICTS; ESTABLISHING District AND CREATING A ZONING 3) LDMF Low Density Multi- MAP: ESTABLISHING PARK- pie Family DistrictINGREQUIREMENTS: E5TA8- 4) MDMF Medium DensityLISHI1IOADESIGNREVIEW- Muttiple Family DistrictBOARD; CREATING REQUIRE- 6) HDMF High Density Multi- MENTS FOR ENVIRON- pie Family DistrictMENTALIMPACTREPORTS; 8) PA Public Accommoda. PROVIDING FOR APPOINT- tioas District - MENT OF A ZONINGADMINIS- 7) CCl Commerdae Con 1TRATOR; PROVIDING FOR District VARIOUS ADMINISTRATIVE, 8) CCZ Commerical Can 2 REVIEW AND APPEAL PROCE- District DURES, PROVIDING FOR THE 9) CSC Commercial Service REPEAL OF ORDINANCE NO. Center District7 (Series of 11160), ORDINANCE 10) HB Heavy Services DistrictILO. 8 (Sortes of 1070). ORDI- 1) A Agricultural and Open NANCE NO, 16 (Seri" Of 1970), Space Distaiet ORDINANCE NO. a (544.0 at 12) SDI Special Development 1972): AND SETTING FORTH 1 O"Wict11ATTLRBANDDETAILSIN1.202. Official ZeWng Nap. TheRELATIONTHERETO, Town of VW 10 b-mby 4111414d snso WHEREAS. the Seard all Trustees dlratste a tbown a We Oil$", ha the Town of VAIL " or 6b"I W Zoolog lit" of tM Town of Vag twdith day 01 Key. 11161. ewaetd wbteh, todssbw wgh theexplanatory Oderaere Ne. T (Saimeof 11119) Ad 4 scteeetal tb=Wgk. M bneb7 adopt" eepheeehe`sin 004`9 edWnae 11011 br relpapee and declared to be PillthisTow` 11; of Vt mad [bseea[Me this etdsnea, M te bore atone 00 U-00 etWetd .treed• TV OtMtal Eednd Yy shelf beonsetsisBaldv0dfausco. soil I filed 10 the office of the Towin (lastWHEREAS. 0141 TownCouncil IOr and shsB be Identified by thetheTeenofVagboxcittoweoedthatmiseAtwaeOfthemalet, mussed bythe **`log ordlpanN and amend• je Town Clede, and bear the Aral 01mmteLh.tna far the Town of Yd the Town unit" the following words- should be revised to meet the Phis 1. to salty, that this M the ^;' y ob.eyasi.Mbdis 1r'ai'.tM Terw,y pfflasat 7anma Aar Marc"'se m'... u,acudwPaps'!de t'gGttt9 erdaly gawta.p' 0anddewlepmengoftheTowutAnd. - S.CtfOa 1.202 the _ ZwtMt. osdsar- Tewa et sus dslamea . WHZRRAC the Town Counad toOAtber with the date of dotugdrtermin" that It M to the adoption or this erdlmamet and the mterpt of the poblk welfare to eraet date of led Mori susses shaage InODew "I's o "I" to provide dsitrtet boundaries shown thereon, far the p ilthe lmtW04 vwl4sm and 1.204. Change. I. W ONlow ZonionlsoftlyofamTorn: gap. No cbeass shelf be [tidein theNOW. T341CRILTORL AZ IT district bouOdaOn at olltae onnte, ORDAINED EY THL TOWN COME- abawo w the, Official Zoning MAPCILFORTHETOWNOFVAIL111"t by Wpropdste segee of theTHATITownCouncilInaccordwithSection ARTICLE 1 12.500 of thb and ---a, Any each GENERALPROVISIONS Section 1.000 Shan Title and Code mange adopted by Use TernCovndi peal] M mtad ow ties Reference erwithMappromptly, together This ordinance may be cited a "the As en theanentrynotingthedescriptionofthechargeand brief of the zoning ordfames" far the Town of Mtwn of the eby whim maycheap. whichVail, and .hag form and be the shall W attested by she Town p•tk, LOSOrporated as Title XII, Chapter 1 7b, date p! the most rectos champoftheMunicipalCodeofVail, on anyshsilatalltimesMgalColorado, othertrlse referred to as copses of the produce Zoang MoDZoningTownCodeofVAIL" subsequently reproduced. Section 1.100 Declaration or Par- 1.204• Replacement of the Official pop" These regulations tee —Acted !or the Zoning Map. In the "Out that the Official Zoning Map becomes derail purpose of promoting the health, Sal• destroyed. fort, or difficult to safety, musals, and genera) welfare of interpret or reproduce because of thetheTownofVW, and to Promato nature of number of changes and the coordinated and harao ,a. addition,, the Town CoumMlmay by devd.I mmt of the Tower in a resolution adopt a new Official Manner that w1B eanverve _4 Zoning Map which, shall suporrede r y uh° its natural environment andne the prior Official Zoning Map. The - it estabbsh.d character u a resort new Official ZoningMap may cornetreri0emtialcommunityofhighdraftingorothererrorsoromissions quality. 1n the prior map and may add Or Than ngulationa an intended to revise street locations, lot desi9aa. achieve the following more specific flans, or other like designations, but k-' Purposes; .. o such correction or addition shall have the1) To Provide for adequate e!ledt of amending the Zoning Ordinance revising thelight, air, saNfaifoa, drain.. Ass, and Public faelutip, or boundarlea of districts shown an th• - 2) To .scum safety from lire, prior Official Zoning M.P. panto„ flood, avalanche, 1.206, Inteepretatiem of District scounkilation of snow, snd Boundaries. Where uncertainty exists other dangerous cond!- as to She boundaries of district. as Me Official Zoning d,•.. Ilona, 8) TO 'Promote aft and shown on Map the following ruler shall apply: elficfant p "esLrian and 1) Boundaries indicated a vehicular traffic chculotlon Approxfmatdy [oflowktL and to lessen cangeriion fa the centerline of streets or the atreeta, ra.ds shall be c rursrued to 4) To promote adequate and follow °tech cterline. en appropriately located off. 1) Boundaries indicated a street parking and loading Approximately' touOwins facilities. plotted lot line. shall be 5) To conserve And malnt-la'' construed as fallowing established community such lotBass. an oqualitiesdacnamlc 3) Boundaries indicated as aPDmximAt.IY followingvalues 8) To encourage a bunion. the Town limit. shall be t - Low, convenient, workable construed a following the relationship among land. Town Ikm1tL - uses, consistent with m..1- 4) Boundaries indicated as cipal davelopmmt ob- parallel to or extensions of jwtive . a terrines, lot ll»p, Town 7) To prevent excewive pop.- limits, or aimilar a.- lstiod densities and over, - graphic lines shall be so a wdmg of the land with construed. trurtgraL b) - Distances not specifically 8) To sategaard and enhance Indicated on the Official the appearance of the Zonin{ Map shall be TownofVail, determined by the ..ale Of 9) To conserve and Protect a the Map. wildhf., streams, woods, a) where physical or cultural hillsides• and other de- features existing an the DrUnablenaturalfaaturea, around we at variance w Ith oPen10) To swore d.qu "a Op those shown on the Offi. cial Zoning Map or Inspace• recrtation n- itls., .ed other am"'un' Amen. es circumstances not covered and letlfitiea by .ub,ections (1) throughntheTownc.. spr f5) above. Council shall interpret the district boundaries. - Section 1.500 Apo"tion of Regt4i- tiorsThe regula0an4 prescribed by this ordinance applicable to various districts and was Wall be minimum regulations and shall apply uniformly ptoeachela or kind of land, structure , Or use. Except a herein fter pmvlded, the use of say land, the size or shape or ptsoement of lots, the construction or location of structures, the providan of yard. and other open elutes, and the provision of off-street Puking and loading space W e iWallbe compliance with an of the regulations specified herein. Section 1.400 Penalty Every person Violating spy provision of this ordinance, or of any permit granted hereunder, shall be Punish- able by line of not mom than 8500.00, or by imprisonment ter not mom than ninety days, at by both such tine and imprisonment. Each separate day or any portion thereof during which any violation f thisordinancedeeursorcontinuesconati- Uttea a separate ofien.e nd upon conviction themof ehaO 6e punish- able as herein provided, section 1,600 Construction and UsageWords used in the prewar tease include the future, and vice era; words used in the singular include the plural, and vice versa; the word hall" is mandatory, the word may" is permissive; and whenever reference is made to any portion of this ordinance the reference applies to all amendmmts And additions now or hereafter made. Section 1.600 Definitions When used in this Ordinance the following words and phrases shall have the specific meaning as hem defined; Accommodation Unit: Any room or group of rooms without kM;hm facilities designed for or adapted to- occupancy by guests and accessible from common coridon, walks, or balconies without pasdmg through smother accommodation unit or dwelling unit. Budding: Any sanctum having a roof suPPoned by columns or wake, or arty other enclosed structure, for the bou"S w emcloome of persons, ammni& or Property. Convseide s Facility[ A building as Portion thermf designed to oeeom• onodale 500 as more persons it- monthly Mgt not teehcdtsg a dining room w meeting room in a lodge if such dlnmg roam err ="Una roam M designed to Accommodate late than am Persons, Dwelling UAW Any room or group of rooms in a multi - family building withbttmestwolu" design" tar or used r e dwdmes by ores family As an w tntn (Ifs) to wan zm— Dwollng, Susie Family- A dbuddtasdesignedfororused as adwegentexelurvdrbyon• family as an 1ndeWmdsal hmms "PLeg unit, Owe01nR Two Fawgys A detach" building aoabdakon two derailing units, designed nor or used ss a derelfkag eadndnb by two faonlfies, each Living An as hsdrpeseamt hotaeliaephna wait, Dwelling, Multiple Family: A build• ins containing three of rema dwellingunit& including townhouses, raw houses, spartmenta, and cendo- mtntum unite, dglpsd far or used by Olin• of mere familles, .ub living 00 an trod mrst of housekeeping unit. Family: An Individual, or two or more persons related by blood, marriage, or adoption, excluding domestic servants, living together In a dwelling unit used as a elope housekeeping unit; or a group of not more than tow unrelated persona living together In a dwelling unit used as a single housekeeping unit. Floor Ana; The sum'of the grow horizontal areas of an floors of building, including habitable or useable pemthoumk mn` hotow ground which are. habitable and attic pace; but not including unin- habitable or timetable sreu below ground or In attics, and not including arose designed for parking or loading within the building, Floor Area, Gross Residential: The total floor area within the enelosins ails of dweBlna units or accommo- dation units, Including closets, service uses, and interior wells within the units, but excluding , hallways, corridors, atair lls, garages, and service °rep outside the dwelling unit or penmmodation unit mclantws, and uninhabitabie heating or mechanical equipment arses. Grade, r Average Grde- The areas f the finished ground level At the midpoint of each of the exterior wells of a structure , excluding walla 20 ten or less in length, provided that dhtadce be. tween the grade And the finished ground elevation at the lowest point adjoining the structure shall not exceed by more than 25 percent the height limit at the district in which the structure if located. Habitable: Any eyes designed for sleeping, living. Booking, dining, on-Und. or recreation as applied tofloorarea. Haight: The vertical distance between the average grade of s structure and the highest point of the structure, m to the cOPMJI of a flat root, to the deck line of a smmnrd roof, or to the highest ridge of a sloping roof. HOMO Occupation: A we conducted entirely within a dwelling which IsIncidentalBrutsecondarytotheuse of the dwelling for dwelling purpaeea and which does not change the residential character thereof, Kitchen Facilities: Fixture, and equipment for food storage and Preparation of Mal% Including a mink, atavo.,_ and mfrlprstlom and trr,T%-r.1 it: r,fa food stoop facilities, Landscaping: Planted emu and Plant materials, - including tree., &—be, lawru, flower bads, and Found cover, together with decorative elements such as walks, decks, patios, terraces, water festunL and like features not owupyins more than 20 Per cant of a landscaped seen. For the Purposes of this ordinance, natural "or significant rock outcrOPPlnp, trees, or native vegetation shah be deemed landscap. ing, Lodge: A building or group of associated buildings designed far occupancy primarily a the tempo- rary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation unite Axeaedi the gross residential floor ilea devoted to dwelling units, and in which all such unite an operated under a single management pnvidLna the occupants thereof customary, hotel services and facilities. Lot or Site: A Panel of lend occupied orintended to beoccupied by A use, building, or structure under the provisions of this ordinance and meeting the minimum requirements of this ortynanca. A lot or site mayconsistorX. lot of record, a portion of 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 Line, Front: The bounds" line of a lot or 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 vin. Lot or Site Line, Side: The boundary line of a lot or site extending tram the front One towards the opposite or rearmost portion of the site. Lot or Site Line, Rear: The boundary Line of a lot or site extending between the side lines and forming the boundary of the lot or site opposite the front line. In event of a lot or site having only three lot or it* Ones. a line 10 feet In length within the lot or site extendingbetweenthefideOnesandparallelto the front hoe shall be deemed the mar One for purposes of establishing setba.". Office, Buria.te: An office far the conduct of pmrd bw mtme and servlee activities, rum on ofllees of real estate err hsnmeca amts, brokara, eeerewrial or stenographic services. Or offices for peen" business activlLM. and trantettions, wbam teraga. vale. W display of mermhandim oar the premfry otec,- Ptaa Mae than SO pa t•+m, of Us scow Professional: An office far tie. of a Dr.f.adcm, such u perform setvicss of a Peof.*" -Lt Lure. wham store", ash. or display of merchandise on tie Promises ocasPes late than 10 par coat of the Door area. Setback: The distance how a let or site line mpwred bodseetalb to time or loeattae within the list w silo bleb Z bltebm the permitted Location of uses, structures, or building on the rile, Setback Ana: The area within a lot or site b•tweem a lot or alto has and the corresponding setback liar withinthelotorsite. - Setback Lim: A line Or locatkm - within a 161 or mite whim enabBsbes the permitted location of uses, structures, w buildings on the site, Setback Line, Front: The "thatk Una extending the full width of the nits Parallel to and m.esund from the front lot or site line, Setback Line, Side: The setback line extending from the front setback line to the rear setback line parallel to and measured from the aide lot or site line. Setback Line, Reu: The setback One extending the full width of the site, Parallel to and mepured from the rear lot or site line, r Site Coverage: The portion of sitecoveredbybuildings, excludinga roof or balcony overhangs, measured at the exterior wells or supporting members of the building at groundlevel, Structure: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or *that transmission or distribution facilities of public utilities, or mail boxes or light Vf - ores. At the discretion of the Y)emigrc Review Board, swimmingPaulaandtenniscourtsmaybe exempted from this definition. - Studio: A building or portion of a building used es a place of work by A. a tint, Photograph•e, of an artisaninthefieldoflighthandicrafts, Provided that no use shale be Permitted err no process or equip- ment employed which is objection- able or injurious to persons or PmPerty in the vicinity by reason ofOdor. times, dust, smoke, cinders, dirt, refuse or waste., naive, vibration, illumination, time, unsight- liness, or hazard of fire .plosion. Use: The purpose for which a site or structure or Portion thereof is Arranged, designed, intended, erected, moved, aitered, or enlarged or for which either a site or structure or Portion thereof is or may be occupied or maintained. Useable Open Space: Outdoor space having an average slope of less than 6 percent, end useable for outdoor Living or recreationea activitieL Including Patios, terraces, gardead, lawns, swimming pools, water to.. tuns, or mcmetian area, and decks or balconies, but excluding drive- ways, Parking tee", access walka, utility and service Areas, and required lmnt setback anal. At the discretion of the Design Review Board, outdoor space having as averagt .100. of up 1A c. to 10 vacant may be considered as useable open space. Useable Open Space, Ground Level: Useable Open space provided at grade or on decks or similar structures not more than 10 feet above ground level and accessible from gomd level. ARTICLE 2 SINGLE FAMILY RESIDENTIAL DISTRICT Section 2.100 Purposes The Single FemilyResidential District is intended to provides sites for )ow density sing). family residential uses, together with such public facilities as may appropriately be located in the some district. The Single Family Residential District is intended to enaum adequate light, air, privacy, and OPM space for each dwelling commensurate with single family accupsner and to maintain the derabslle residential qualitka of such sitca by establishing appropriate site development standards. Section 2.200 Permitted Uses. The following uses shall be permit- ted: 1) Single family residential dwellings. - Section 2.300 Conditions] Uses The following conditioned uses bell be permitted, subleet to issuance of a Conditional Use Permit in accord with the provisions of Article 18 of this bre inan": 1) Public utility and public service uses. 2) Pubic building, grounds, end facilities. a) Fublic or private schcals. 4) Public park and recreation facilities, 5) Ski lifts and tows, Section 2.400 Accessory Uses The following accessory uses Wall be Permitted! Y) Private greenhouses, tool- shads, Playhouses. Wag" of carports, swimming Paola, patios,-or recreation facilities customarily In- cidental to single family _ residential +ilea. 2) Home occuPafene. subject to Issuance of a home occupation permit In so- cord with the provisions of . Section 17.300 of this ordinance, a) Other usn custemarlh . incldenW and aeeesscey to ., Permits" w conditional,' uses, and necessary far the operation thereof. - Section 2.500 Developirant Stain, ' lards 2.501 Let Area and Sit• Dimensieae, , The minimum let we site sea Wall be . 12,600 - quart ten, and each site,:.. shall bew a Minimum. frontage of 80 tom- Each site albia be of a size °god`, - "` ;} 2.602 Sir books. The mlWmmn front , tb-ok .hell be 20 fed, the - minimum side embuir shall be to feel. and the minimum nee setbret shall be 20 feet, or I O feat 1f ent eWr setback M at lead 20 feet; Provided, - that 1 feat of additional ids and and - setback shall be ranuirs4 for meth 2 ten of building height over 15 teat. - 2.502 Distam. Between fluddlnRa The minimum distance between e dwelling on oar aloe and At dwstingonmadjoiningmiteWeBbe20feet; provedd that 1 foot of additional ` reparation between dweWnp shall berequiredforaacb2feot.of buiLding:"p - height over 15 feet, calculated on Use basis of the avenge height of the two ;. building& - 2.604. Height. Not applicable. 2.506, lbenmity Control Not more than 1 dwelling unit -hall be - Permitted on each site, end not mom than 25 square feet of grote.". residential floor Area (GRFA) shall be ' permitted for each loo sq"m fact of - ite sees. - 2.506. Building Bulls Control, -NOt.: applicable. 2.507. Site Coverage, Not more than 26 Pee cant of Lht total site use shelfbecoveredbybuilding. 2.500, Useable Open Space A,tminimumof600squarefeetO[•An` t uscable oPen space, exclusive of - required front setback areas, shall be Provided at pound level for each dwelling unit. The minimum dumen Sian of any sea qualifying ar useable ' open space shall be 10 feet. 2.509. Landscaping and Site Devel p- inent. At least 60 pa cent of sacksiteshallbelandoesped, - !' 3.510, Puking, Off - street parkimgshallbeprovidedin "cord withArticle14ofthisordinance. .. ARTICLE 5 TWO FAMILY RESIDE=NTIAL DISTRICT Section S. 100 Purposes The Two Family Residential District Is intended to provide sites for ]og,- density single family or two family - residential uses, together with such public facinties a may appropriately be located in the same district, TheTwoFamilyResidentialDistrictis intended to ensum adequate light, air, privacy, and open apace for each dwelling mm- mintpate with single family and two family occupmey- end to maintain the desirable residential qualities of such site. by establishing appropriate site develop• meat standards. Section 9.200 Permitted Uses The following .des shall be permt& red: 1) Single family residential dwellings. 2) Two family. ,r.ddmtw, dwellings. Section 9,300 CandLtional Uses The following conditions uses shell be permitted, subject to Issuance of aConditionalUsePermitinaccord with the provisions of Article 18 of this erdimma: 1) Publle utility and Pumd - . August 17, 1973 The Vail Trail 47 service uses, 2) Public buildtm[s [rounds, incidental and weewory to permitted or conditional 3) Other Yes& customarily incidental and memory to antan' 3) Private clubs and civic, appropriately he located a the woe '- district. The Public Accommodation and t" litiss. 3) Public. ox private erbooh. uses, and mecessaxy for the operation thereof. permitted or eondttjenal cultural, and fraternal or- District is intended to enure adequate light, air, OPeA tP11Ce. and 4) Pubic perk sad xeereatiaa Section 4.b00 Development Stan_ uses, and necessary for the epentien thereof. ant /ationL 4) Ski lifts and tows. other amenities commensurate with Le8lties 5) Ski Lifts and tow*. dards. - 4.501. Lot Are1 end Site Dimensions, Section 5,500 D- 4opment Stan- lords. 5) Public or commercial park- lodge user and to maintain thelednbleevertQualitiesfthe TSectiontai 8.400 Ae..nary UmlThefollowingaeeewonusealms fro The adnimum lot or site use ahal be10,000 Square !es[, d each site 5.501. Lot Area and Site Dimensions, The minimum lot or site area hall be mg facilities or timetuxas, 6) Public transportation ter district by estebLLWtn[ appropriatealtedevelopmentstandards. Add! - permitted: - 1) Private greanhovSeS, tool- tell have a minimum frontegs of 80 10,000 square feet, and each site mjpah, 7) Public utility and public non- reddentiat uses an yerml¢ tin 'es Shedd, playhousesi ganger feet. Each Site shall he of a size andshayscaydbjpofenclosingasquare sheer have a minimum frontage of 30feet. Each Site @hall be of a size and service used, 8) Pub btles, g, pounds td as conditional mass which enhance the nature of VW u a ' or c"POrW swimmingion area, last on each side, within ip shape capable of a square and sal winter and summer recreation and pools, patios, o arilsfseWtlescustomarily In' cidental to single tnmOY ar4.502. rind, 4.602. $e[baaks, The minimum trout be 20 feet, the usarea, ar leer o- each dda, within iteachside, boundaries. 5,502, is Or0) Public a Privatenr schools. 0) Public palm sad reereatlen watton community, and where - Permitted are imteaded to fuoctioa the high densityandtwotamelyresidentialsetbackshallSetbacks, The minimum front tacsitied compatibly with uses. niaimum side setback shall be 10 setback shall be 10 feet, the 11) Churches. lodging characterofthe district, . 2) Home Occupations, subject feat, and the minimum rear setbackshillbe10feet: provided that 1 to minimum side wtbnek alms be 10feet, and the Setback rear abe 10 Section 6.400 Accessory UsesSec following accessory uses elmaB be Section 7'200 Permitted Used. , The following use @tall be permlt to issuance ( a home occupation permit In ac- f additional dda and rear setbackshagberequiredforeach2feetof shall be 10 feet; provided that l lootofadditionalfrom&, tide, and tau permitted: 1) Private greenhouses, oai- ltd: 1) Lodges, including heeerrdwiththeprovisionsatSection17.300_ of this building height over 15 feet. 4.503. Distances Between Buildhngd setback shall be required for each 2 sheds, playhouses, attached dory eating, drinking, nera, atioaal, or retail astay i ordinance, - The minimum disance botwesn feet of building bright Over 15 feet. 6.506. Distances Begwem Buildings. garages or carports, swim - rain[ pools. Patios, or ushmena I rated within8) Other noes customarily incidental dweltags oa the llama site shall be lb The minimum distance between recreation facilities cur the principal use and not and ucessmy. toPermittedorconditional test, and the minimum distant& between a dwelling on a Jilts and buildings an the same sitethan be 15 tamarily Incidental to per- occupying more than 20 -• per Cent of the total {roar uses, and nece="Y for the adwellingOnanadjoiningaltoshallbe feet; and the minimum distancebetweenabuildinganasiteanda mitt- reddentldl and lodge used floor area of the main operation thereof. Section 3.500 Dewlopmm% San- 20 feat: Provided that Y loot ofadditionalseparationbetweendwell- building on an adJobdng site -h-11l be20feet; provided that 1 toot of 2) Home Occupation tubjeats to IMUMce of a home structure ox structures lid the site' Additional woo& dads . . 8.501, Lot Areaand Site Dimensions. The, lot ings shall be required for each 2 feetofbuildingheightover15feet, dddillZal Separation between buildLOUlag* be naught for each 2 feet occupation - permit in .6 Sect with the m of pre dining arse may be I`! - located as an outdoog - minimum or Ate area strati be feet, calculated an the bads Of the average ud U! building height over lb feet F Section 17.800 of thif00of deck. Patch, or terrace. , 114,000 square and each sitesbiilhaveaminimumfrontageof80 bright of the two busdlmgs calculated on the basis of the average ordinmee. Section 7,800 Conditional Used, The following conditional uses shipeat. Each site shall be of aside and 4.504. Height. The maximum heightofbuildingsabsllbe $b teat, height of.the two building- 5.504. Height. The maximum height 3) Other uses customarilyincidentalandaccessary be permitted, subject to iseuaneeofa -. shape capable of enclosing d. Squarearea, 80 feet on each site, within !a 4506. Density Control. Not more Of buildings shall be 95 feet. o permitted or conditional Conditional Use Permit in accord.. with the Provisions of Article 18 ofboundariesthanIdwellingunitshallbe5,504, Density Central. Not more used, and once tar the this ordinance: ... 3.502. Setbaeka. The minimum front putted for each 3,500 square feetofsitewent, and net mom than 90 than 85 square Let of grow residential floor aea (GRFA) shall be pe ittan thereof. - Section 6.500 Development Stan- 1) Professional and bwiaaw setback @tan be 1S0 legs, the setback dale setback hall be he Quan feet of [row residential floor Permitted for each 100square feet of dards. offlaes, 2) H ile*tele, medlcLL andfeet, and the minimum rear setback area (ORFA) s1nhLL be Permitted foreach100squarefeetofsitearea- site men. 5.506. Building Bulk Control. The 8.501. LotAreaand Site Dimension- The minimum lotor site area shall be dental clinics, and medical - shall be 20 feet, Or ] 0 feetItone SidesetbackIsatleast20feet; provided 4606. Building Bulls, Control. The maximum - length- of any wall Or 10,000 square feet, and each site. centers 3) Privets cubs read civlarthat1footofadditionalsideandcoaxmaximumlengthofanywallorbuildingLeeshallbe126feet, and building two dull be 125 feet. andbuildingwallsoffnettoa hall have a minimum frontage of 3D feet. Each tike shell a tiza and cultural, and fraternal at- . setback shall be required far each 2feetofbuddingbsi[bt over Ib [sat. building Ott set toleas,10depth tali feetdepthdepthofasLeastYOLet rt lead Dace Wage capable of enclosing a squareclin gsmizations.- _ 4) llitt and tow*, 3.603. Dis[meq B'twesa Buildings atofat ]eatgl0 teat at leaf ogeeasefoxeach50feetoforallength. The for each 60 feet of wall length. Themaximumdistancebetweenanytwo srea, 60 feet on each side, mv[Lhia ipboundaries. Thet6) Theaters, meeting rooms.. - The minimum distance between addwellingonasiteand dweDing on Maximum distance between any two careen of a building at the man. s 8.502. Setbacks. The, minimum twat ast4 coaveatiod Lcilitied 6) Public or commarcW park..: an adjoining site shall be 20 feet; a men of a building at the same elevationWall be 160 het elevation .hall be 160 test. 5.507. Site Coverage. Not more than setback shag be 10 feet, theminimumsidesetback111111he10 ing facilities or structures ". provided that I toot of addittowd 4,507, Site Coverage. Net made than 45 Par cant of the lost Sitearea shall feet, and the minimum sear setback 7) Public tZm0ortntlon tar''` , sepan[lon between dwellingsshall berequlredforeach2feetofbuilding 35 Per centof-the totalsite area shag be covered by buildings, than be 10 fast; provided that 1 foot Soluble. In L - 8) Public aridity and Dublinheightover15feet, calculated amthe be covered by buildings, 5,50& Useable Open Space.. Aminimumof1squarelootofuschb of additional front, side, and rearsetbackWaLLMrequiredtozeach4 servtes M. bade of the average height Of Wo tlda Ituildiags.. Minim Useable 00-M Specs. Aof260quartasstof Upon space shall beprovided for each feet of building height over 16 (eeL 9) Public buLLdlnis wounds, and facilities' 7.604. Height Not applieabld, andableble Open space exclusive of 4 feet of grow residential floor arse, but not fen than 150 ogmara feet of 8.508. Distances Between Buudiag6Theminimumdl* between 10) Public or privet & whool,. - Density Control. Not mere tenured trout round areas Wallseekprovidedatmoundlevelforsack useable Oyes *Pace persome unit.. betiding Oa the cams site andAgo be 15 11) Public park and recrehtioa - taClstiad ' • than 2 dwelling units in a stare dwelling unit Useable open spats be coUseableopenapacemayhacommonapneaaccessibletomowthanone feet, and the minimum .dlteaea to esbuilding building an a site and 12) Churrms, structure shell be permitted on eachsite, and not more than 25 aquas may be eoaimoa .pace accessible. tomotethanoneunit, may sussing wait, may be pelvalg building on an ded a alto ab4 Section 7.400 Accessory UteriThefollowingaeeetuon befeettogrowresidentialOcoxeachbePrivateapaceacaccessibleoseparateep toWseeaccessih)e to separate dwelling 20 fee&; provided Lbd 1 foot ofttfoot uses shaLL _ putrAttd; - AGRFA) shall M Permitted for each walling malts, os a combinationnac units, or a combination thereof. At least am-hallthe required uSeWle additional Separation between build- tags slug be required for each 2 goal Y) Swimming pools, tenets100squarefeetofsitearea. Building: Bulk Control. Not thereof. At lout 50 percent of therequired open *pace stall- provided at hatdlW height over 16 lest, y courts, police, Or other creationapplicable, 3.507. Site Coverage. Not than hall be common space. Thehw rid ivgroundIsval, exclusive of requiredfrontsetbackme.. At least 15 par cacalculated on the earn of the averageheightatthetwobuildings,- incidental toto ped, - mace26PercentofWetotalsitewren Chan minimum dimension o1 any grewavaLLfvm[ u monad few] maseable- Bent of required pound )awl 8.604. The height n mltted lodgeno w, -' 2) Home occupations, subject '11becoveredbybuldnngs, - - Open space Wall be 10 Mt open onceuseableopen *pace shall be commonthSpyTheminimumdimensionof of b5. De shag 6s 48 feet. o . ings shall 45 feet 8.606. Density trot Not nmere h' r o issuance of • 11ema f4i3.508. Useable - Open SpeaR -A 4.509. landscapingand Site Develop. mld[m ef g00 'agYara- feat rdfi t. Atwpe! ). 7.ae('W perewt f snob situ%'' uueaMe 4be6 .iVaaa{t eteRisiva , -ot ., 1 landscaped -. " x-r ti'mgl nay ada:gYattlying Y maugd lewd than gD square tact` -o1 • cope teerwtt >a . ro re useable opens shall be 1 daetW floor ores (GRFA7 'bk coTd "' °'e prOVedom .hrl131rar17.300 of ttMu.sq itsrtoWtdrequiredfrontrlbaekarras .Gall be Provided ground ]evil for Single 4.310. Pull s. Otfaprf' Wxkjni •:' be provided !a accord with Naa...mme t ns.ball -'' na eiW useaWd oven spate requirement maybehhleodiuer, soap ar 1 ,j 7!;•Baadqeq> .ordfaagew, : ".•: - '*t c ....>• irksiteSeek' .. "v,-. . e ,. (8 Other uses mutomdrsy8.508, Hulk Control 1Le aholy - welting A minimum o! 850f &0 Article li of ihla oalhmance, NoAnti The intacksTheminimum elmendea O! m lengthmaximum )meth o! any seal ns -, hm+ Xz[f .. laeidmisi and aceewon toSquareLetOfnotablepen &Paceexciudwe! required front Setback puking Wall be located in my: required front, setback arm. except r any area qualifying as non - ground . building face shall be 17b feet, add -.. p' permitted or conditional k uses, and @sees Cry for the f i""i:,/'bareasshallbeprovidedat' wound may be specifically authorized W 1wa1. uamb pan apace &hail foot, bf (). ooaSatls, building wage shill M off eat to g iw:,. depth lwajjakfeart op.ntloa thereof. Level toes each dweiliag mall of a twofamilydwellbng. The minimum heeaed with - Attiel@. AB of this =-. Ct ]Srt 50sgaun feet. ;Wailrdinanaa, owesmeh 701 feat bf mfr Seotbg 7.600 DsvWPaMi Stair- t W. dimension of any area qualifying u a .. .. .. s.r. r 5.509. Landscapmg and Sltepewlep- maximum diseme. between 7 two 7.501. Lot Areaand Slid Dimensionsuseableopenspaceshallbe10frL Lt Site Develop• s"?... ARTICLE 5 .+ ^ r meet. At least 30 per coat of thetotal.dte area'hal! 1M )aadacapbl[ s- comma of a building at the sameelevationWailbe226feet "1 The asinimum lot of site axes shall M rLeast60andmad&: A& least 80 per cant of aarhmeat. site shall be Landscaped, - - ,:' .. MEDIUM DENSITY : MULTIPLE FAMILY--& r0':. RISTRICT '`°4 5.d1R- P+xlda4' Ott -Areit pwrdWbeprovidedin. accord with 8 507. Site Coverage. Not owe than 65 per cent Of the Coal site area &hail 10 000 " Square feet. hid scab site dull bass a mgatatum frontage of 30 feat. Each th be of a sire 9.b10. Parking.. Off-a&wet ParkingWallbeProvidedheaccordwith Section 5.100Puxpowe .,ss The Medium Density Multiple 1Pu my ` shallArticle 14 of .thin ordinance• At Iwt and -best the required parking shalt be .. be covered by buildings, . - . -... Space8.608. Unable Opea BDace.,Useable opm abed ¢ shape capable of aaalosia[ a square „4area. 80 h!t on ewb dda, wiCh1P ih °ty' ' •: l'as Article IL of this ordinance. District is intended o provide sites'_ for tamlly dwellings located within the male building ns bulldings- - ox within wecarory shape tax !amblerdwellingsandledgesshellberequired boundaries. 7.502. Setbacka:71be midmims heat n ARTICLE 4 multiple alt,- densities ranging generallyfrom 15 to garage. No Parking sins b fouled M follow@: - , .. - - - For dwelling setback aball bf 10 fast. the LOW DENSITY MULTIPLE FAMILYi _. 30 dwelling units Der send. together with such public facilities and Bmitd Illany required front setback ateF1 it .0 (Y)- unit-, &- a >.. x.} i minimum of 1 square foot j^ i .r of useable open Waco Wws minimum side rthick Was be 10 feel. and the minimum rear Setback rYP Ak yy, be 10 feet; 1 eLt - DIST81C1' ai protewload otfler and medical s ARTIOLE j be provided for each feet shall provldd that toot i P 3- - Section 4.100 Purposes t The Iaw Deadly Multiple Family facilities as mfr located my W RIGS DEN " MULTIPLE of grow residential floorYmtbut of addltogal boa aide and ewes lt.3 ovsmrY6het! t t District is. Intended o provide sites family. Medium Dendt Multiple Family_ District 4 intended to ensure.. UISTRCIC ' met not less than 150 is !' square leer ofuoeahle opmSection8.100 Putpowaf",,:.,. feeee% o b jlding hNgh 7.608. Distances Hetwaah 8vlldlnp. fox singe family. two' sendr - multiple family dwellings ata dan lty adequate light, mfr, open space, and C The Hirt Deadly Multlpla Fnd shoes Dar dwelling nail. fl For aeeemmdlntlon The ntlaimum -florae& betwam:. _ not weeding 12 dwalun['valid par ether amenities eemmemm t4 with -. District le intended W ptovida sites umtita,. it a minimum. of 1' Square bullding ou the soma site shall M if) acre, together with turf, Public multiple family Occupancy, and to the -*-rabic for multiple family dwellkag ,., foot a( ttsdab opm spandensities the ntfnfmum djdanc& between a building On a site and. a..:. tseLLities r may appropriately bo located in the name district. The Low maintain raddential qualities of the district by establish - rangmg from 86 to lb dwelling units peracre, ogather with t _ shall be provided for each - iyt _::, f feel of grew nddan&fal - building on an adjoining Site tha9, Density Multiple Family District 6 inL appropriate site developmentstandards. Certain non - such public and &eW- public Leklitiec, limited s . flT h but not load 20 tacit peevldad that .l font Ofadditional "Pandora batwpm buBM -4intended air, residential rofeadonr offler hn4Lcfutiea, open bw l be required for dtOh B taut : .. sey and ° penadequate 0 far sacht. utn an parmlttd. u conditional matirhl and ledgq. Private ulaabla0 Speed per, ; - building ba bver 16 Ls _ m dwelling communwmnte with low deadly occupancy. and to maintain uses; and where permitted areintendedtoblendharmoniouslywith recreation Leflities, and .t'alwtdvisltnr-osiwted uses as may appeoPxf gocomnodation Mail. Useable opm *pwa may M OOmSaan= thecalculatedOgthe bhal ofthe aYexaSa qualities e! Ofthedesirablereddmish the residential character of the ately be located in the same district.' aPOOS aocew,his to more than one: height of the two biddlap- the district by e.abllhing pprmpsi- o; pro district. .. - ::. 6.900 Permitted Used '" The Hk Ileatlty Multiple Faailltrgh dwelling or accommodation wilt, oC 7.504 Heft. The maximum belghtrofbuildings *Nrlkl be 46etaSitedevelopmentstandards, <<,. _ Section 4.200 Permitisd U1es . •. SectionThefollowing used WW be Permit - District is tatetmdd to orIRROadequatelight. air, open some, and may be Private spate- nceetdbla toseparatedwellingormommodatlaa n5- tyCantwt The following use dnW W. permit -. jj 1) S1mala (areilY residential other amenities commensurate with. high density apartment, condomin- units, or a comhfustion thereol, - At lout and -half therequGed arable - Of mote residential floor nee (GRFA) shall beid: ( 1) Single hntil7 raddea&ll E' ,[ dwelLLam, :. - .... 4) TWO may. re %dantW fum, and lads vses and to maintainandresort open space -hall be providedmOUadlevel, axcludw Of required. Permitted !Oteach 100square tseio! - ls,:. .- dwelndg. Twe family lkn qualities atjthe district y tab11W- petit setback area- At lead 76 per 7.506. HuIlding Built Coatrpl, 'Pbavat2) residsagtid dwellings -.,:: `. - 8) Multiple IadnLLy. rasidantlsi. dwelling&, gaclud0m[ at- ' stindspadPaS.opCexaln nmtyaddmtlat. cant of the required ground level.. Mum any was or building. face *15411 be 175 fast, and ra) Multiple tartly residentialh , - dwellings, including aN garbed se row dwelling read condoeni -a m dwell- use are permitted as conditional used which relate to the useable open apace shag be Common a minimumThe - minimum dimension ofimeninOf, building wags @ball be off set to adepthOfsatkehd10feetattau& one& . tached Or row dwellings lag, . - - . - nature of Veal as winter and aumms smmetahtlon add. ran uWail bed SD foot. toe each 70 feet Of wait length. The a _ and condominium dwell rag* -. - Section 5.300 Conditional Used vacation community. Whom, No, ore thanNetmoreWren one -!tail of tits maximum distnmaw between my two Section 4.800 Conditional Uses• -- The following conditional uSea shallbepermitted, mbJect to issuance ofa tad w intended to bland barmani, ovals the raddantiiil oharacir, unahle oped specs requtremant may' omen of a building at the sums riavntloa WaLL bed 296 hat The following conditional made a11a11 Candj&jOmL Use Permit m omard with of the distrlcL hr se%ltlod by bakoaise or roofd.aks. The amiaimum dlmentlon Of 7.607: site Coverage, Not man thmbePermitted, sublet% to iseaaaee Of a with the Provisions of Article 18 of Section (.200 PermittedUses 3 -- nay hna qualifying 4 n.n pound ti5 Dal+ cant ofthe Olaf site hide ehail - Conditional Use Permit to accord this ordinance: The following user shag be DermlT. laved useable open space 'hail be 5 be covered by bWldlnW - with the provisions of Article 18 of 1) Professional offices,' ted[ „ - test. and my such area aha9 contain 7,508. Useable, Open Space. Useable . thl& ordinance. i) Public utility and pubbe 2) Hospitals, medical and dental clinks, and medical i). dwrelple family residential fang, kaeWdfag at' at lead Eli Squwxe teat open space for multiple tamlydwellingsandlodgesWasberequired erriee arse, 2) Public buildings, a-mods maters. 8) Public utility and public ached Or row dwellings sad eondosnintum dwdb 6.509. Landscaping and Site Develop. mot. At lead 30 par amt of the es follows: 1) Fat dwelling units, - a . and trilltfed 3) Public or Schools service mass, .. ling*, 11 - .. - toll site area .ball be rand 8.510. Parking and Loading. OH- Minimum Of 1 Square fool, private 4) Public Dark had reeaestiaa 4) Public buildings, grouuds.: and facilities. - 2) Lodges, Including mew wry eating, drinkLe• woes&. tenet parklna ant Iwding stews b• of useable Opns space Wall be Provided for sash 4 feet '. • . lacillties 6) life and tows 5) Puhsc or private schools atLOmd- or rates ettabH*- pravidd in accord with Article 11 a! thin a winae+y- At leg- 75 par slut o! grow residential flngtSki Section 4.400 Accewory Uses - -' 8) Public Park and recreation faellltiss - mop Ieaat*0 -UNTO theawandnot of the required positing Was bed area, but not ]am then I6I o uesnble openTheragacaassoqmadeWallW7) Sid liftsand tawiL principaloccupying mice than 30 located within, the main building ar:. bus NO puking or loading area. i. :. Squ pfwt" peemitted: .. fitted: 1) Pr"" peenbouses keel- Section 5.400 Accessory Used - - The following tOCmOry used shall be fioor mina( Ot Wlr mmtwln dings. twbaekensdinmTrequiredfront' 2) For aoeemewd&aaSglon uni4; . a -&-imam of 1, elmnrdWedsPlayhouses, attachedgaragesorcarportssedm- permitted: 1) Private peenhouses tool... structure es structures an the Air. Additional seer+ i foot of useable *pan span hail be provided for eachMingpool, PatiOS an' shoes, Playhouses attached - -., er carPerp' *wins- pry -Jain{ areal may 1N located as an outdoor ARTICLE 7 pUBL1C ACCOMMODATION 4 fast of Pon residentialmot, floor adR but act )SS -- z' ommily bmidmtSi too des W Lmly, two Lott. ar r4 . Ming Pools patina' of -' deck. Pomh. c rteaaod' . .. DISTRICT •_ t than 100 aquerd tad cf La silty raematim facilities cur Section 6.300 Conditional Use SeetWa 7.100PUSyowa neddablt Opq @Dade par na eadde vsedtiDle to`)y incidental to Pon•,-. w... .. The fallowing Cooditiaad used Wahl The Public Aoeommeddtfoa Rlplei s accommodation unW -- 2) Home oaeupatioas Sold" o lmnnsse ' hood m)ttd midential sew.-' . 2) Homo occupations, Subject be permitted. subleot toIssuance at a- Conditional Use peemlt.le dnor4 is iutmdd to provide sites for lodgeandmaidmtial woonmoo tae Useable open @pace may be common space emawible to marm Um amet oce.patloa permit- in 60 to. lsuaaaa of a hems oce patloa permit In ha- trial the pmviwns el Aa1k1t 18 „ad Alton, ogeWer with such pubile dwelling an a wadatiun gmti, o< cob with the 9rottdoes of Ssctioa 17.800 of thl tidal ordinance: card with theprovWee' eft, (1) Pwfmdaad etoeir •.- u ,,. 9ecttaan 17.700 - hest semYpubso hdiktir had Smiled Drafeasiogd olflods and media- P A . tonbjtiued - l gjN 0ioxdinsms, of this ordinance. p) Hospitals mddted sad faciiltes, and psivate recreation, and 8) Othat uses eusWmirrib dental cilaiu. hnd medfui aaluod Hdtororlated muds se Wray r 48 The Vail Trap August 17, 1973 e b yYminod,suhj•ot to Issuance of COMMERCIAL CORE 2 9.806. Building Bulk Control. The Section 10.800 permitted Uses. ' Zoning COadltiaaal Use Permit to accord DISTRICT Duximum length of any wall Dr The following ups shell be permitOLMNweLIgWwiththeprovisionsofArticle18ofBoutInn9.190Purposes, building lace shall be 175 f «t, and ted: loinOrdlnaneC, The Commercial Con 2 District is building walls shall M on set to a , (lj Professional offices, bud- From -Pays Jly `":. .",".: (1) Sitlifts and torn' lntenad to provide rites for a depth of at )east 10 feet at least ones new offiees, and studios. 2) Pubhk utllity a" Publle mtxtan of multiple dwe for each 70 feet Of wall length. a t sarvlce uses. , Wasp, is in a less. The (2) Banks and paoneisl lastitu- M private apses 6000al11le to (S) Public buildings and commercial establishments W a maximum distance between any two flossseparatedwellingoraccommodationclustered, uaiIIed development, The cornan of a building at the name (S) Retail stores and estab8ah- ualta, ora combination thereof. - and facilities. Commercial Con 2 bi.Wet L elevation shall be 225 feet.. ants without Bnilt u toAtleaston• -half the requited useable _ (1) fadut park and raeneotfoa intended to ensure adequate light, 9.607. Sits Coverage. Not more than floor area including theopenspaceshallbeprovidedat - [adlltfea. air, open space, and other amenities 70 per Want of the total'tltearea shall following: ground level, mrChadn of required - (5) Thomism, meeting rooms, appropriate to the permitted typesof be covered by bmldinga - Apparel stares - front setback areas. At lead 75 par - and coaventim facilities. buildingssadoftherequiredRoundlevelSection9.400 Accessory Uses. - ding& aOd °+• +red to maintain 9.608, Useable Open Space. Useable 1 Art suDP1r stores and The le8owknY accessory ups shall be t desirable qualities of the district open space for multiple family . salleries useable' °pan apace shall be oomnhpg permitted: by Ostabliabiag appropriate dl& dwelling& and lofts* shall be required Bakeries and confu- apace. The mintmom dimension of development al:audasdw w follows: U°nerles: includinganyareaquslllyin$ as Round levd - (1) Swimming pools, tennis Preparation 01 pro - A, FF. useable *Pon space sbap be 1D laei, courts, Patios, or other Sactioo 9.200 Requfrementa for - {l) For dwelling nkta s duct. for sale on theNotmorethan - on••hshr Of the recreation facilities cut Establishment of District... minimum of 1 square toot tomanlY incidental to Dan Prior to the eatabB.bment e! an - o! usable open space shall °rem useable open opus requirement may y Book stores be wtisIIad by balconies or roof - - matted residential or lodge Commamial Con 2 District Or be Provided for each (our - Building materialsdecks. The minimum dimension of uses• et., core of en a. but Commer ' feet of pow nddenUal stores without °ul- any area q „•,nrYn^S w aott otrd (2) Outdoor dining areas oy cial Con 2 DlafidcS by change of _ floor. sap, but not kw door storageleveluseableopenspaceshallbe5 - smiled In conjunction with distract boundaries,. the Town COun- , . then 150 aqua- feet of - - Camera stores andlest, and any such amp shall confabs - r' permitted eatingsad dunk- - Ml .ball byresolution adopt ageneral _ useable open space Per pbtoRayhic studiosatfeast50squuelsekInife24blishmsuts. - development plan for the proposed _ dweWngunit. . . . Coady stores7.509. Landscaping sad Sit* D41rC]op-' (S) Hema occupations, subject district- The ooneral development' (2) For accommodation units, Chinaware sad saws-' ment, At last 30 per coot of the - to issuance of a home Visa may be prepared by sa applicant a minimum of 1 square - were atoneWadsiteareashallbelandscaped, y occupation permit io so. - for the establishment of such district foot of uw261e open apace . a cord with the provisions of w may be prepared by the Town. -hall be Provided for each Delicatessens and spa• 7.510. Puking and Loading. 0th s a etalty food stonestreetparkin[ and loading obaB be _, Section, 17.500 of th4 The development Plan shall be 6 toot of gross residential Department and Lan - Provided to acootd with Article 14 of r '' °rdinanob • • T- ' submittted to the Planning COmmlr - Door area, but not kw r• arcthiserdinanw. AS Is” 75 per teat - (4) Otbar uses CUStomuUY dare for nvtee,, and She Planning than 100 square- feet of oral merchandise' of the - required Da•klng- than be - x incidental and accessary W Commission shall submit its findings useable open .Pace .per Drug stores and Phanlocated- within the main building or Rr+'tela ; . Dermixted or conditional and recommendallons on the plan t0 •ceommodaUon uhik. malebuildings. No parking m loading area - .*, uses, and aecesenT for the the TownCouncil. - Useable open space may be common Floridatshallbelocated1eanymoACC4fmai •... operation thereof, The development plan "shall show the. apace accesdhle to more thaw one Food dotes •. ' following information. dwelling or accommodation unit, orsection - 8.500; Development Stair U) Brisling topography and. may be Drivte space accnstble W - Furniture done - fF ARTICLE 0 .•" . '- - tree cover. separate dwelling or accommodation Oln don} 8.501. Lot area andSite Dimensions. (2) Proposed division of the unite, or combination thereof. i - Hardware stares ° f . n COMMERCIAL CORSS a:. -,- Th minimum lotorsite uea shall be - Hobby sill -sDISTRICTr,}5.: •U area into LOU or building At least onehaf the required usesbk HOUwheUd - anDtlsnoai. 5.000 wuua fact, and each alts .h.B - Section 8.100 Yurpeaes • have a minimum frontage of 30feat. d, •_ rites, end the proDOrrd open space shall 1>e provided ftTheGommere4lCore" :1 District le . 8.502. Setbacks, There shaU be no uses to be establi ad on pound level, exclusive of regtdred - stores ` intended to Prodda dtas and to - each site.... front setback areas. At ]east 75 per r lawelry stares arrequiredsetbacks, except as may be I. ther Moods 40M •. maintain the unique th rmtar of the established pursuant to develop. (S) Proposed locations, di- cent of the ,required ground level Las ito -& Van Village commercial area, with its .,,teat plan adopted by the Tawq _ mandoaa, and heights of useable °Den space shdl be common h - -a - LugPrge stoees ymlxiunoflodfaaandeemm"oW Council, as may be required through bulldlnp on each rite. and -Pace. The minimum dimension of - Music and. recordestablishmentsm - a predominately Loa dadgn review procedure pen- the locations o! Docking any area qualifying as Round level snas 't• stores _hpedestrianenvironment. The Come e bd by Arttele 15 of this r, end f°adkng areas. access uowble open space shall be 10 feet. us ji : Newsstoada' and to- menial Core I District U intended to ordinance. w may be required as a rf drives. Principal Public and Not mom - than onehaf of the stowenatredwuatelight, air, open CoOditlOn of a Conditions Use • - private open spa «a, and vocable open apace regtdxemaaS may rr. -t., :,cry` ' Pet chopsspace, and other amenities approp(i- Permit. or a* may, be required bythe other riteplan features. be satisned by baleoales or roof • Photographic - studiosatetothepermfttd 'types of Building Code Or other applicable (4) Relationship of proposed decks. The minimum dimension 'al, e,.,rts..r - Radio d kalerldoabuildingsand. uses. The district laws. ' ... development Oa the site to any use qualifying as aongrouud r W - atone* aped repair . . gulations prescribe sits devaloD- 8.503. Distances, Between BuIWingL - development on adjoining level useable open state shall be 8 ar4 1, shops- . meat standards that an intended to There shall be no required dlstane« - sites,' - fast, and any such asp must Contain l..q Radio and televisionensurethemaintenanceandpxaerva. between buildings, either on the aamo _ (5) Buch additional lntormt at feat 60 square last. + broadcasting studiostionofthetightlyclusteredtinsasthePlantingCom- 9.609. Landscaping and Site Develop: armitsament of buildings tronting on -rite e;: Co. two 41d1o1Wng sites. except - s': ml—on and Town Council went. At leart 20 p(tr owns of the Sporting ,goods stores - es may b• established pursuant to Stationary stonepedestrianwaysandpublicRae-• dev deem necessary to guide total site areaabsU be landwpaed. aloymmt plan sty be q the Supermarketsways, and to ensure continuation of To" Counelk -as may W required . -, development within the 9.810. Parking and Loading. Ofh Toy stone. the building scale and arehltectunl through t6a daelpn twlfw procedure ProPosed district. . street Parkins and loading shag be Varietystores r 1qualitiesthatdistinguishtheVUiaga. The development plan, shall be used provided. in accord with Article 14 °! ardaga mdti ,dig, PrasecbM by Article 15' f this YSection & 200 Permitted Uses; "'.. o djame.. as may 'be required w a as, a guide for the subsequent this ordinance. At ].&at one-half the 5 :. roods -taredThefollowingtawsahaIIiMpetmEFconditinb' of s Cmditiooal Use - development of at" and the design required panting shalt be locatedteal: . .;' +..:. -. - and location of buildings and Rounds within the male building Or Fmildings. , ( +) Personal wrvtanand eeD+is. . 1) Professional office bush•' - Permit, w es auuY M required bythe within the dlsteiet. All plans N° porkinL ar- loadky a -a shall ba shops, r. t' new offices. and studio•.- Buildinga, Cod• m other aPPticsble' aukreauantir 2PDroved bythe Design 1*ratd is ass n ulxd irons ptback ass. ^ 7 q !°wing: 2) Banks and flnanMal ln91ltu. 8.504..Heishk The maximum keighS. Review Board in accord with Article n. _ -. Beauty h° sbona: , ` of buildings shall be $6 teak ... 15 of this ordinance &hall substsatid. 9.811. Location of Business Activity. `' - Beauty, and ; otHoastoresleimenialsadsoccupyingmote8.505. penalty Control. Not more. Dan dPPrtmed by tinethTOwa Council.' permitted by $e oB.ZDO shall be eg ser"lces i than 8,000 wum, teat o[ ° - sau2n Pest of por Badfoa 9.390 Permitted Uses - °Pentad and conducted entirely Cleaning and ]auadryresidentialfluorares (GRFA) shall M Pickup agenda- with. I:ti floor -- was. - lmWdtag the ar K.d for each 100 square to" of : Permitted taws shall be the same as within a building, except for. bud ' , A ' t„ follO anf111AV"ily >.' des Wa.:•.:...+aai,N!.'+F t'. "!4.' ';.ice. those Permitted li th* C.Cama -iel ". Permitted nnnlM °pd_.- parking ac ), OIiS f __ atOlti 8.x08. eutlding Bulk Control 'ihe `' Cote 1 0idriet ' n' Plescrfbod DY badiegn. md., auttlew' s. \ in h, . Art •apply and., maximum length - nf411ny wain• -sea. 6200:. of .041. quM umm..,ops aL..b EnOiaa AdmiaYttit . - °f^ iaallfrlstla .Re aloras and •otabnshmea4 shall toe: vending stands. klosts, and' fautndiiwa.r 1buildingfatsshallbe125fast. and Small opDBan« np2trw-usi Bakeree and ncafal- building wall* shall be off wt to a '.sot Occupy more than S,QW wuan -awassory outdoor dining tarraoestioo-dq - Including, 'lest of Uoar area.. - - occupying an ana not grate than shO a clading furrdepthOfatteed10factd ]cut ones +° f iJtik'fi1.Y' . •Dtaparatlon!: of pro- for each 50 feet of wait length. The. Section 9.400 Conditionaloions Uses. 20 per drat o! the building oovenp.r scar i.y situ- repair 7}+v::.' due4 for sale -as the The f°BowioL conditional taws coati .r., - :.s.a . Tailon and dn0s- c L '' ofdabuUdbng at the yaamo- be DeemiSSed. aub)sOtio lruance o!a COMMERCIAL RYICE CENTBR k make" a rtwo E, .. Conditional Use Permit in accord,., se's a(l; Travelw`' Book swrsg. ar"tM+i Tassel and - "Lick41Y s . elevationahan be 180 het. - - ])]STRICT: _' - . OWprnpble studios 8.567. Site Coverage. Not mo» than with thSpi 41vWons of Article 18 0l Section 30.100 Purposes, a ( 6jM` gating and drinking' soleant s 90 Dar at o! the total site area shell - - . Caody stores !! ]/e covered by6alldinR: (1) Ski lilts a" W s.. The Commercial $ervke Cantei ;eq Uahmm4, IncludingiiYff:Fi Chinnrare gad 12"`x; 0.508, Useable open $pace. Ueaabh ° (2)_ Public utility and DubUa DLEMaS is intended to provide die, d,,f ; lgnowntg:. 1., a ,s:: r +Iy.d:t - wandofsn [rN:n d-" sarvlce taws. far general shopping sad commereW s.,,. $ rir Bakeries and Aelkca.$ 7 3 De10aWpat and IDUe open • space toy multiple family l facilities serving the Town, together w food KGIea dwelling. Ra4lodges hall be required (a 'Public buildings.. Rounds. with limited muttipje hsnily dweWpg• l.y_ set Mum ( ' if`• ufegews. r• =x, -. .. ..,. :'. ,5' i and lacUtties _ vat:' ,rs^ f w Drug _and Di>a1a?. (11 . >roe dwaning udtai - r Public park and reereatlen and lodes sees w.may be,opproDrleta , Cocktail joubgea, minimum Of aquase toot without faleHeripg ,vikln the basic• r y taverns, and .,,. y a facilities ha a t 11'('(5) Thaaters'_ m«ttaY roomo, commercial functions of the dfatriet' •s w,c .•Coffee shops -- Gift Maier: F Of usastrle open space shall Si_ The Co.. rt?la! .- Service Canter ; y . _` be provided for sack 4 feat - convention. Is . 4ri - '_ District le intended to- erssun r '"' 4 ': with shape .;+ d ' ref S0as residential floor ei- -;lB? Ceinopentd lnendt•ISK . f iatHotw11ol(1 %'gbDll2aa6 e: = r adequate Udnt; alr open •pace. sad. " Reanurantr ftwee a-r (, .e¢•:. ores. but not law than 160 ' BaeUOn 9 500 Accessory UMo.. other amenities to (B) "Additiood o ieaf;. buosysquarefeetofuseableopenThefotiowiaS.,ac used shillba.' -at ° nesssr,. or wreleea -daterY - Permitted - ,types of buiidinga ( Spwe per dwelling unit., - Permitted; aannde YLmthw {eed41 awns bA'' suet, and - W m2inWn o enso* lot 1. minsd to be dasiler' .LOI,iquer Kntay'$ Ea l0) For aceommodatiea unite , ll) Swta Poo trunk shOpDiog center saviiunmeat lot Permitted' use in aec° sWZ'v' - iSiaTS`, :.a ,minimum of I square t„'S . Courls,- p28WS,- eq otherpermlrid eommaaCind tares. - , wlth the Drovldoni o a Mask Y; :'.,, RCFi:- fans e! useable open apace ,tar recnstioo facing" eu• Section 3LM200 Requlremeati $acti0a 2i 200 01shall. be provided for each yi i:},( - tomaeily _Incidental to prT Establ]shmmt or District i ? O•wf a,:. w k., NSwsdaads rmd ie•t t, 4 feet of two residential t n4 mated reddrntW or lodge: Prior to the establishment of iY ' Section10.406 Cohdttlonal i)fa r? 1rBoorarea, but. act kw'• 'taws.. ::;7 .. ^?';': ,"'sdr. basso stergr• vx^ Commercial Service Center District . The following conditional uses sh -•. - PhoWRaz6JVstudltx V. ,gi -..loan 100 wuaro teat of (2Z Outdoor dining areas og ":.or ed,ugament ' of. any, existing Mpermdted, auhjesttoiwuanCe *fauwabltopenSpacePer (Fib Crated' 14 conjuttion with Condition" Up ParanlS is accord) Radio and Wevldoa M.,F. ic" 2ecotmnodatfon unit .j Commercial Service Center Dlstriot. _- npsir _ - F G§ percnittad eating and drink"" change of district boundaries, tha. with the provid*ns of Article 18 r . Uwahle open *Pas* m y be common lag ertsbllahmmtL. 0 , {yS `. '44000 accessible - to more than one ll) Home Occupations, eubju4':.. Town Ce oral shall OY . sesolutioa ibis Ordinanoet. •.'" BPartln( Kona < to kwnnagao OI' A. hottu- adapt a general development plan for .,s. (1) Bit )ifts'and tovra4dwellingoraccommodationunit. Or )f le' -r > 3 - Starlosery LtOya41 - may its private spats ac esdbli to7 Fh occupatlOe permit b ac•' the proposed dirldet. The devalOWL'I 2) Multipia horny dw&phid., sh Tay stm'q'#I y' moot Plan may be - prepared by an; ¢Sal' - and ledLCa. u•' . n -' Variety 41W separate dwelling or aceommodatjoaa 1h cord with the providgiu of applicant for Use establishment of. n if Public utlliY sad' enbtomg1f, Yardage unite,or a aombiwation thereoL t"4;f Yk: - Section Sf10 _..of'.. sofa, such district or may ba pnpanM 4y`". service uses. ra goodsstarve,_:. k AL lases oa 11alf the required useabinlAt` 5 ", : Ord or the Town. The developmmt Visa "' (4) Public bugdiag&, groi) _ wrness grid -pals open open. shop be provided 4 ? (1 Other °acs eustom.rBy share be submitted W the Planning - and ful"I m mom P 'Arlpdt e the ills' Round level, exclusive o! required inMdmtal and socaworY b E°mmiWon for review. and We +g Y[ 6) Public park an4 rap gat;' p front setback asps, At least 75 ass` - Permitted Or °0aditiOnal Planningkyv lowloHsr11•rshOyrs'vY4tttt. amt of the required Round lsvelIt a F useR-ad b« osery for the - fin s and nemommendatl°ns on the' j,.sm;, La) 'lhattate, mCetfog tdoms t - z r Roantr shape' +. useable °pen .peas, shall be commwtt t operation then°[. ° Plan tothe Town Council. awl COawntion heU]ties. Business. an oHfaet •pace. The minf neat dimension of Seetlea 0-600 , DOMOPawnt Stan: Tha development plan chapoboe, k (7j. Comments] - aay ores qualifying w around level. dates ' followinginformation; - c1 1' , -. t:• " : Cervices, and leu, useable open space . shall be 10 lest 9.001. Lot Area and Site Dimensions, 4, (1) Existing topography _sad,' (8) Aa gu/a oarmnt•d bYs" pickup agencies with - Not more than ono-half o! the. The mlelmum lot or rite area chid be treecores. ra y S"UQP 10.800 which 141P •`"v out busk elwPing or useable opm space mqudmment may 10,000 square feat. and seek rite (2) Pmp'owd division of the n a.. not conducted . enttrdtQYeWg -.. -... be wtldlsd by balconies or roof shall have a minimkrm frohSag& Of all r - area in lots Or ` desks: The minimum dimension bf left. Each site aba0 he of a size and v: ip building e,ntdn a building„ ..j e 9m28 2ppUnlcsr41ao4 any use quWWAS s . non-pound - shape capable of mclodng a square • - =:i' a tau to be the pmpo *" The following aoeapOrY uwe,shaltbi - , mo shops, excluding fuse level useable Open Space shall M 6 80 foot an sash side. within ita .each tlte. - - permitted. _ InDalr ; a - het, and any such area shag contain' boundaries. ®":. Prat, (1)' Swimming Dot>ts.rTatb" and draw. at least 60 wean het.'' '..r °. - - 9.602. Setbacks, The minimum knot la) Propowd locatlo dimew woken ' s 'hr - . sions, and heights O( °oasts, petios, ar r - Trawl 'aaa''. Liekt,S . 8.509. Landscaping and Site Dave)ogy setback 4" be 10 lest, the buildings on each site. and : -..,. recteettea na, OF cut agencies ,ie, _ , , mmk At lead 30 Per pat of the mlWmum side setback shall 641 10 tba IoeatiOM O! parking tomarUY incidental ill e0o- 6) Eating and drinking *stab total site area 6h28 be landscaped. teas, and Six mletmum rear setback gad loading anw, access ditional reddsaU d or lode vy ^ - babmenta, laaluding tie 8.510. Packing and Loading. Off- shW be 10 foot: Provided that 1 loot - - dsivas, principal Public and u/q. . F '' lo9owlog. ^r >; draaf narking and loading shalt be of additional Irons, side. and rear Private open •paces, and '(2) Home ocenpeti' Rabtles 'sod dalicr provided- in mcord with Article 14 setback &hall be, required for each a *thatsite plan features. jest to issuanWaofa bomo l.f. ,„ fd( ;..s lopes Wale food of this ordinance. AtMost oqe -bsif of foot of building height over 15 hd, (4) Relationship of proposed.' occupation permit kn as7E '^ a - tba required parking dull be located 9.BOS. Distsncw Between BuUdl g&, development on the dt*to coed with W provisions oft „iwi k '_' wtvke A 4- The minimum distance betweentloakt&U faun9q, uvit4la the ttbda building orbuildings. buildings on the samealts shall b• 15 - flewl°yment On adjoining Section 17.800 of thle a * tawrosanal Wlou No parking or loading area " be boil end the minimum distance '• ardiaanes. ti r rti .+leaf Califs oopo:;,. ' -. ]cosset in acts requiredfrost setback n1 ( 6) Such dditiond lnlarmY (S) - Other uses{ eust°marify* r between a building Ou a site and a lion w the Planning Cem. , Incidental and C &Mary &a . M Osotalns and scab builtllns ea an adhining rite dart Mti1F4wrs •- e,leh show - s 8.511: Location of itwle... Aotivfly. - mission and Town Council permitted or madil uvwi All glnaes, buWnaaseY,' and w-laes 20 Ices: provided that ] loot of s. '' doom hecatMry W sul4o area.:: usse, and necessary far the - Y ) (8) Addtifona! oftkoo,budnew- Permitted by Section 8.200 shall be too soaal a required betweens bneet development within the operation L hawef..... se, or fwrlesr doterminad operated and conducted entirely logs *half b requkrd ills saeb -a feet - '. PsODOwd dLtnek lteeflgn 10.80D Development elan- -. r-(b - within • building, except ton °! bonding height owr 16 feet, The development dadagvastobe91muartoD",. tted calculetd oa the badselthe 41 Plan shall b used taws In aeaerd with the - DersWtfad unmalewd parklsy Or hsttdttof Shetwo bbntidinge.' ~ w a guW41 tar th+ subsequent'. 30.601. Let Area and Site Dimon• - a VrovyiOn41 Of ' . Seatlon lodes and&, SC 4 subject to _ dwalopatmt: of dies and the dsipu sioos. The mfafmam let pe th wen a- ,'-` P- .r>7 • - 21.200 e! .tNs Osdlnnnoe, approval' by the leaky Admtulaitzb 9.804. Haybt. The aaxlmuse helptl and lawaij OlbnUdfnp and Rounds *bell be 20.000 squaw fast, and sash - • T) Multlpla t mill t41tl4entlel tor.. vendiat atadti ifoaks,- std of buBdhys shall be 46 bek•' ^. .. within the - disttiet.. All Plans, 91441 61128 have a mtelmttm ttoatage Of dwfnings, ;b,.;'¢rr: ..,. 2toowory. outdo" during terraces 9.806. Density Control. Not noose' subsequently approved by the Design 100 het. 8) LodBse. 'k ^'3ih '3"a .O0mpt'" an use not Roster than .Shan 60 •dwre fed of grow Review Read in ae0°rd with Article - 10.808, S•ibe41ks. Tie'' .ni..i... , s ..,ff .. Section 0.800 C°odidaeal tfaas - Par slat O! the hu0dlctg eovarap, re+deatfal n0Or an (GRFA) shell be I s of thle eMnanes shall aUh utlaa. front ptbplt s11ap Ins 10 lass, the 3 The following soodjUaj l (teas chap '' ARTICLe O y t-w ., permitted for each 100 squwa_to" Of ely oeaferw with' the devewpmmt mWmum aide $"bank sham be 10-1 t.. Fn,.' i ,r,` ( ap - , xY - ht.- ''aai:«,.•s -F -3' ' '.,a To. seeanMk tae4 aoA the mioimmnxt n2r a41tha sP .aerl'" ,+-r., fac a ri..:lY'elxa fin r ., t 3Asac rtefi..Y'b ^ti .rill ra vnie'xr'4'f^'ield %i1sY+ are+. cola feu. ,ey,, /a alp J41d! '6shivosf sepses -odt' *ASO xael ken ,ftoy lxx r' rcr *,•fnn:ng!. 1tw71iitmlaa' ae' - 3'.. bnl - A- .. absB be 10 lest; provided that 1'.a' 17) Accessory uses customarilyofadditionalfonkaraide, and re incidental and accessory tosetbackshallbeprovidedforeach8theforegoingconditionaltactofbuildingheightover15lees. uses, and necessary for the10.808. Distances Between Buildings• operation thereat, The minimum dlatsnm betweenbulldingson, the namesite ahail be 15 gectkon 11.400 DeW1aDmOnf Stan- lewt, and the minimum distmea between a building on ' also and w lordsThefollowing development ataedards building on an adlolatag dte shall be all be- considered minimum,- and more restrictive standards may beR0fact; Provided that 1 foot of proscribed u conditions of aadditionalseparatimbetween, build. Conditloael Use Permit tar any use• mss shall be required for eaeb a feet 11.401. Lot Area and Bite D(men- Of building hdght over 15 Peek' Yon& The minimum lot or site area calculated on, the beds e! the avenue shall be 10,000 squaw feat, and eachheightofthetwobuilding, 10.604. Height. The maximum height site shag have a minimum frontage of50feet . o[ buildingsshag be 86 lick - 11.402. Setbacks. The minimum10,605. Density Control. Not moo front setback shall be 10 feet, thethao40squarefeetofRowamideatWfloorarm (GRFA) shall be minimum side setback shall be 19leekandtheminimumrearsetbackpermittedforeach100squawfastofaka() be 14 feet ' pot area, and Row residential OPOr. 11.408. Distances Between Buildings. area shall not. exceed 59 per cent of The minimum distance betweentotalbuildingdoorareaonanymite. building: on the same alto shall be 16i0.608,. Building Built Control, The fsek and the minimum distanceaeazlmumlengthof- any well ax building between a building on, s gift and afaceahanbe1T6leekand wags building on, " adjoining site shag bebuildingshallbaoffsettoa20feetdepthO( at last 10 feetat leant once 4/oe each 70 feet a! wan length. The 11,404. Height. The mutroumheightbmwdmurudidaabetweenanytwoofbuilding, shall be 85 feet t owaou of a bunding at the; raanm. 21405. Density C ntrol. Not Appti- . wevatioa etounbe225fe - 10.607. Bite Covers". Not more .. 11.408. Building Built Control. The than 76Par cent of the total site am ms.lmum length. Of any wag or shall be coveted h7 buildings. --,, -.' - building hoe shelf be 225 feet. and 10.608. Useable Open Space. UgmbY bu ilding walls shall be Offset to F' open spaco ' for multiple famly depth of at least 10 teat .t least onced..2ings and lodgeo *bell be required far each 80 teat of wall length• The - Wfollows. ._. ' .. . . `.. - maxhmsim distsnce between an7 two For dweDingtrrunits,. a minimum of 1 square toot Owners of a building at the some elevation when be 275 fart - or ugmbld open spaceahail 11.407- Ble Cownge, No; maner. be provided tar aseh [our fees o! grow residential ' R.'-., than T5 per cant al the Eoe1site area hall be covered by buildbya. - _ floor alas.. but not tow 11.408. Useable Open Span. Not e -, than 150 square feet of Applicable. useable open tpwe pe. 11.409. Dtndsexptnj'aad tta Devel- dwelli°g urAL : " -- 2) For accommodation units, opment. At lead 10 par teat of thetotalsitearmYellbelandscaped. x minimum or 1 square 11.410, Parking and Loading. Off- foot of useable oPan space street parkin, and loading shun bergullbeprovidedloteachprovidedInaccordwithArticle14of4lestofRowremidmtiYthisordinance. No parking Or loadingorfloarea, but not less sin .hell be located En .fly. requiredthan' 100 square feet Ofw front setback arm. . ode Open apace Par,-11.411, Location of Budness Activi- accommudationoris• Uuahie op® space my be common ty. Air offtms. businesses, andseryiyspermittedbySection11:800afuasace"alWO to mars than one Ail be operated and conducteddwellingoraccommodationusikorentirelywithinabuilding, except turmaybettdwtespecsrsutlbletopermittedunenclagedParkingwseparatedrenmgoraeegmmo&t(aa k.41m, war and such aWu a UvIUmunits. ora combinWon thereof. u awl be speelBmBy authorised WAtleastone -half thetequinduwahle be unanclosed b7 a eoditiond use - open glum shall be provided at ground level, "Chtdva o! required mo, • -. . 11.412 NWee. No "we' *ban beboatsetbackgnu, At lead 75 par permitted ar 66"wted'la a marmot_: r<- cant of the requWd ground West which create notes, obdsctionabit by _': useable Open.a"&all be tosp. muna, al. volume, dtak. jsej; a._ space. The Patrdlagm dlmendm of omm. or fngpanay, which is sddtbtgs`It' August 17, 1973 The Vail 7Yail ~ 49 uses, including barns, silos, following findings before approvinga smile use or establtehmentshade, corral, pens, and development plan: shell exceed 6,000 guars similar use& - 1) That the trensportatlon feet m floor area and the - 4) The retail ule of Plants, Plan and the proposals toW of all establishmentstees, or other farm or contained themin for shall not exceed 27,000 agriculture] products accommodating vehicular square feet m floor area, grown, produced, or made ernenk transit, and including the followingonthepremises, parkin, shall be sufficient uses end such additional5) Other sees customadly to meet the demands uses u may be determinedincidentalandaeeeuoryto - generated by the develop. to be similarin accord with y permitted or conditional meat, without undue bur the providan* of Sectionnoteandnecessaryforthedenonexistingorpropor21,200 of this ordinance: operation thereof r - ed public faduties. Apparel storesSectionI2.600 Development Stan- 2) That the oven space and Barber and beaut7' dards recreational facilities Pro- shops 12,501, Lot Area and Site Dimes- posed on the mite shall be Book stores - sions, The minimum lot or site area sufficient to meet the Cleaning end Laundryabafttwoacre. demands generated by the services212.602. Sethlaelu, The mbulmum development without sun Delicatessens and ape• front setback shall be 20 teat, the due burden on, available clelty food stores minimum aide setback shall be 15 - feet, and the minimum rear setback proposed public faciBt( > 8) That the development wID Drug stores bed phaa nudes shell be (5 feet; provided that not be materially damaging Bating and drinkingthe minimum setback Lam any street or to the environment of the combl shmenfr highway lineshell be 20 feat. site or its suaouodtag, '. Food .totes - 12.508. Distances Between llulldingr, . and Slut sufficient man. Gift stores The minimum distance 'between sums will be taken to Jewelry stores buildings on the samesiie *bell be 16 ameliorate or nullify Do- '_ Liquor atoms'- feet. end the minimum distance tentWly horca" anahoa- , xm, _ _ Newsstands and' between a building as o¢e sic enda menu] itnpxc{& bacco stows -'- building on an adloiming sCta shall be 18.802. Content. Ths development Offices 20 feet; provided that the minimum Dun -.ban include She tonowmg 8porting good* dohs .:! distance between mY building wed information, maps, reports, Plana. 1$402. Development Ana B. In, - far the housing or feeding ofanimals sod models: . - :.., Development Arm B, the following dg sad any building used for dweniug,. 1) Existing and proposed: coo-.. use shall be Permitted: - Purposes shall be 60 feet.... - tours after gwdmi and site -. 1) Multiple family residential 11504. Height The mmLmum height develoDmant, with rontour d`velling*, Including at. fofbuildingsshallbe25het, except intervals of not mom than. ached or row dwellings ; tae accessory farm land aRlcultarud R ;set whsre the avenge -. and condominium units, t t•. buildings which may not exceed 45 slope on the ale b 25 par - 2) O'ffiee, ratan stores, per lest bs hefabt. ' , cant or Dew, sad contour - OW services. and eating j .. 12506. Denmi ;Y Control. Not mow Inlervals of aoL more thin ang e+tan5sh ' than 1 dwalBeg unit .shall be 5 feet whose tot yeraga Monte, provided That nil vs Permitted far each 2 acres of site soya thte t. le Reatee single use or establishment .. z•; rod( i 1506. 5thanR6 per cent : -. exased 4,000 squmws i' -., feet in floorBuildingBulkControl. Not applicable. - .. 2) A site Plan, at sale of 1.. arse and tbaatotalOtn,8 establishmeaq f . 3250T. Site Gowrua. Not man - inch equals 20 foot e! X 9. -. i. ahail not "Coed 10,000 5than5.Per cent of the total site area - larger. cations Ole pro- - . Posed locations end dlmwu- ; square fait m lleor area, wjshallbecoveredbybuildings. 12.608. Useahla Opan 9pwro- A sions of YI buildingr and including .the toilowmg use and such additional minimum of 600 squsse leer o[ eWCturu, Proposed urea tneram, cod all Principal sue* a* may be 6etorminod .. useable open s space. ."&, sha o! - req.1rad front area. Shan ch site development features 1 to be simftae s urord soh: - the of roundarovidedatRound level foe each i - such as landwaped snug ., E ... ton ceder 0 of 1hi B1.20D iamost:. this ordlnaneet '• - L - dwaRlne unit The mfalmum dimeo- sion of anal aeea Ouanfymguusaable a . " sdan sseedws, Ulan are and wdkwy, Barber stone' pa a -,' ad bmuty open space shall be 10 feet, ' amd. o ones, king Yd. - l -. and of! -atamt parking apd- 4 shopsr t + ...,. shops . Book11509. Landscaping and Site Dard- opmenL Notapplicable, '. r, IoadmL was. .. -. v ' - sLOrae - - Clewleg and laundry12.510. puking, Offytreet Parld 8) A Preliminary laudecapi services sha be Provided Ln accord with Plan at a scale of 1 lneh 1 .. Delicatessens and sye- : .. Article 14, of this mdinmes, Ne equals 40 feet er 1.1120•' r') - da1tY food storet'" required patting shsil be located m ghowmg eslatmg landseesa :. features to be r•ds' '- Drug stotw and char - anY required setback seen, except as a,F _, - retained Or r' m ,im . R - - may be meetally wthadxd In Accoed Article 19 removed, and showing Pra posed landscaping and : - f• t. Bating and -:dxlnkmgc. -• "tabliahmeaewillsofthis Ordhuajpk - hid -. _ - landscaped mite develop- ; - Food storm - , y . .. iRTICI.R11 Y' n'd' want features such ss i +' - - GilstoreskvSPBCIALbEVELOPMENT - "+ etar _rt.•,: outdoor ncreation fladll• Ag ro . 61i. store *FSk I ;.- t -st" - bISTRI 1 ed3:". s'°"ti .A. liy x burdee pla0y, tre8s, - a .. pedestian pipeand walk R! Uquar .tans +.i,.A , Narrwtaads and _.'FtrL_ ... . i . ,R,;, " enamor. ea aevUYpment and use <4 4besstidlladb7beleoaleeo: root s 6y C.s gaRC , de of approximately N acme under flow gectian. sad flaer Tbe toBowlmB coadltlaaY uses thqdackwTheaukeimumdimensionofFr ' .. ARTICLE 121 k ri 4• -. single awnovW w control, adjefthki ., plane, atappropriae ryles,.. w permitted oa11 m DevslopmgtImssOnequant=mg u aoa•Rauad v f+ky AGHICVLTURAL ANA ^"'l . _the gauth side of tot Van golfcows". In suffiefant ' datalt to Ana ablest to Wsnante of r " - •: , level seeable open apnea abail b a OPEN SPACE DIBT'R1CTw ln'-. 7'ha ngudatiam W sot mteedd t;e rt deteemine Hearfeel, an6 ass such aru mwtennfam =S'' - crag, IaW., Condttlosal Use Permit m accordfela.at50 nausea Test. ran"I -esu Section 12100Purposw% '>' fi' sirW7 to other. err.,.n des th d" dreWaHar4 loeatlona with ism virovidons of Amide. lb of A' - The ABdoWtuml ad Opt! SPMM`,. Tows "Y' - - rt-tty .,at ;1- of Proposed uses erithis dris ordinance i ... s 10-600. Lasdscapfee and Site Devsb'-' 11(Ydct le - inteded to preserv* - -. -The regulation Dmswibed m' thW buildhtu, and the esnm* ,i< (1) Automobile service YacilLopnemL. At lout 10 per milt of the aarlcultural, uadevdoDe4 es oyes =. Articia we Intended to provide a - t seals and aDDCSrlauce rd tlss 0i'ti• E .flea. Smiled to sstu adWetsiteeweshalliel+dseaDed. .space leads from mlasdva davaley.: dewlopmaotDrOCee ass to esfahgsh -. `'! Proposed developmmt. _' •yi's " Wallas and ell. xdminor10.810. Parking ad Loading. Off+ meat rbile peradttnss ,agrWdtun), . develoPmmt standards wbleh wig ? -(6) _A 4anspoxtatton P1are. %' melntenaace services, butstoatgamin! and landing ahafl be yursulu and taw darYLY reddmtW,.;,..emnaa devoWpment eomDlemant.ry eluding' praised o[ ..'excluding engine repair oeprovidedInaccordwithArtiste. l4 -of pot eoadsegt with sgdcu(Wml aady. -to the Town and to -Other proparLtas • AutomobW and txandt <n' basin moric, and opemtdltkiao»+ee -aT.- At ]apt flan -bait tot opm sPUte o4dsetiws. Psrtf, laebOOW ` la to Wetnk7 of tba dlYdct. Cartam `. tl` usmige. avenge dally ;nod * t comgatety wtwm m aq.. qutred Perking .for. multiple red- and sertam types of private .recce. development Yandarda perm* mops F. _ - ..peak hour movement* an,¢ a r: dased Parking W.", " - dence orledge uses, when permitted. atlas, tooWlies ad )ndituUO. also ]at ®dot tea. of .tea de than is d(mMton* and , eeawml ?;w (Y) Theater, or comsaftondeellbetotaledwithintheroamsinsuitablebear )n the Agricultural Permitted m other :Dams distriae Iwffic patte W a Dian at facmttq,'. ?" rbuildingwbuildinghousingsuch'. lad OPan Slues DIAr(et, Provldd because -or the adlomm{ open mace 1 Proposed parking, 8 Clubs sad ieeraationsl, lause. No Parting or loading area shag - that the siee art thew urea mmsge and mcreittoa&I ace 0 aaug AST. r3 Lrarflc _. eireuls ' %. be located to any reqursd front pndombutely. open. Site develop•- bacaur of the sire of the site sad lei ,. transit. faclnt -nod ar rf ; , s teut ttu•N. reaetowd. y! k area. - e ". lK moat atasdsrda ate mtedd to;, potantial ' foe aaaOmrrtadatlnl u' staement w program tor, - BaM am18.800AccereryU ' v" •- '" AH7`ICLE 11 " " P—J.do Intend" urban develop• -. unified development of ]sigh quantal q ` mttafrto8 tratflc sad trams. The following one nee SAM. ls. V HEAVY SERVICE DIS1'HIC'!i newt and to mamem the am(ctd ;arts Other dewiopment A.Wards ass n t Partation needs emeteed' : pwmtttad fm Development Attu - Section 11.100 yurpow ." ` ad open space, ehsssatedstias of the '.. mare rwtrtcu" thus 'other ,wnmgr "S ' by the dsvalopaans. and B. ?i ^: 1 •- „ ;.M The If." Suvim distriM district regulations In order to tlmft (t)). A plan of proPOwd o!!y!q'F "..y 1 1!rimth swimming Dean ; intended to provide dales., for - Section 12.200Peradttad saa 8j building du ad sitedevelopment to .. Improvements fo w # a _..pattp, at reareaHpr Tsa1B. .. _ The loilowml, uses .helj,be Pesmn scale la harmou7. with flu etta sad .. Including avalaeehr - Use OugtomadlY h iddentalwtomotive- orlewted uses and tar ., k commardal service uses which am T '1}i.' - lesuaousdliMM ¢:.. trot dminaga, tratfl0 etr'er• '!to WrmlLtd mAdsatlal cot appropriate In other commercial . hnil7. raddeatlat ' Section 18.200 'teequirsnmM far tatloa ad traw" mart" i- rod ]odsesaes,• EdrthBinmmt of 1>fYriet !; ytdistrict& Becomes ofthe nature of the . , dweBllift r •p±s' 4 f... (mDtevemeae of hc0[tlati a;ic Items sin 2) Plant ad.'se mvnedq.,'.This Atttds shag tae e!looGve ad4u ut0ittw, Ia¢dseaping, E "'fa Mrauuee Ot bo cues Daristic.. app em operating ., - , .4 rating of Geld, row,. sppUmble'on the eflit:tive date of fL other Iwprowmmtu 0ei :omapetlas perm* In - seharacteridlcs,. appearanes, and po. - ad tree crops,, - cbanaee to di t fat boundutm yuras- E pubfie faclBtise sad wfilF ,s.ead with the ProviYolssordidforWzumtmgautomotiveand - ` ant to, Section; 21,600 of tbtf ' :YV v ,: - tv`w'' p- Iruck treffle, an use" M the Hem . {8) -PuhSc parks, recreation tWr r - Bedlam 17.206 Og yy Servias DLYrfat we saMect to the - seals. and openspacer , ordinanar-' When ufteeting arch (7)' An aepbitactunl modal q!' f t ''' ordmabaa:`:_rc%I...yr'Lr;c{ *a Secitow 12.800Candltw¢al Use •eggn¢ t wOshi ltd a daP fire de ad the' Drop.." -a u(3),tbat u.9 - auitomit{ can ; ball a ves Perron yroee Per In, . following coadltlonal uses .haU ti ,p developmmt, at A rave Of y incidental and ace loon' the Plc a Ca¢Comsd SIN Perm *, be Permitted, subject to issuance ofa - separate but eMf(BUDW dwelaDmaM 1 tank to {O teat ae ]at8pr j?. nt^' to Pelted or aoadltlasaithePm¢a1a1 CommWdoa' oe the Conditiond Use Permit in accord. ames within the district identlned u Y'f' - ^s'., Dortreying 4ha acxle ass " . use, ad rack eTowsCausedmajprteta dmo" with the Provisions of Article 18 of Development Awa A: sad Develop °' - relxtioaYdDg of the Deq- 'g'" '"- - oPenttoathanoL taethe r _ ssstrfettve dewlepment aerdards tiW ordlaaaoe; r.. .. hunt Area B. Development Arm ArR . than she standards premed far the (1) AqY uss w*hLn publla shall be applicabW to approximately "k v'l5taad mtpistratml the daDda ,*18.700 .)levebOmuai $tats 7 uses. t m order l Droteetsdjahatal ms's - parks, mcr*1on areas, a W 17 acem m' the resedr Pattfoa of l - farm ad maw.Of grnDOSSd The following minimum devsloltmaat ^ tees from sal Otte influerstu& y `L,L,'' open gR.M which ize olvu' thw dl*trkt ad DevebPmaat Awa B t f' T NSectionPI Permitted Uws `„ assembly ofman than 200.<. - M'u ._... Yasdards shall. yWy valve mom1- s oba6 be applicable to approximately (e) W the swat Pbaae 0000'. mdrlethve otasdarde an fadleaed 11 Y11yassonetopthn, 1n Oaa . 22 acresm the se.taHyyartlon of Lisa sSection11.800 Coadttio¢al Vase - dtrtrlaL..,*. Yntction is contemplated.. the development yyLLoo adages by iha - The following conditional usss shell 44 bundmd oe la'auP of a Program hens .ting ordar Town r .suin t4hem standards slh be permitted, subject to Manama of a tt buildings 'or in one snare.; . Prices. td utsbi4hmasf ar Spend ,* 7e - .4 timing of construction , not sDedfi -any enumerated hmsdae,J Conditional UM Permit Lt accord ation asea m other pub5s ., Development Dlrtrlat i, the Town phase ad n,7 provoule seek smmdar s shell be sped(ted u iCouncilmayrequire, such looel +.v. r:: -- with tie Drovlatona at Aeticls 18 of - reawatkoa faclnb. tar Wtsr(m develoPmerS. Dart of the apptavad dsvYopmanl .7%n, Udm ordmaaoet - , (Z) Public and Drives! arhoc4s. msttuments as ]t deeme nommary to The dewdomnent Plan'shall be used .plea, =- . - I . _ 1) Ski ohsend Lowe. d r and eoBega& ' : armor that the ProPOKY -khe -the u a hoist for all development within 13,701. Lot Asea ad 819e Dhnuo- 2) AnmW hospital* and ken- , t. „(8) _ Pdvste gait, eaela ne(m.. d1AC110l will be developed -in the diYdct. including the design and dear Arm A shall consid of adegle .E Bala. Ming ad riding dubs, and conformity with the dwelopmee% lamtioae of building and the else Ot 8Dproximatel7 17 acne. ass e) Autoatotiw seaaloa gta- t - ti bunting ad fishing lodger plan ar proscribedin Section 18.800. development of the cite. AH Dias Arm H shag noaYd of asingledta Ofy#n,. siOw. .., - (4) Semi -public and Wdltu -' ad that to development will be approved by the Desito Review approximately 22acres, - - u ({) ; g mwerlah ', PPI, - tiorsl uses such u coo-. operated and maintained Ln axard Hoard In accord with Article 15 d 18.701 Sotheeks, The mhrfmum vents and mitgiow rottmtz, with anY eand:tiaUz Shut the Councll this ordinmee *hail eanform vabdut. required setbacks shall be as i[a) CommemW laundry and (5) WLIhfta and tows. -- my Prescribe In approving the tWIY with tot development plan . (ndinted an the approved devatop. cleasiulsen4ese, r::_ : (8) Keopina at horse. Pon",- development plan. such ma#umestn sdooted bythe Town Council. moat Plan, bet m ao car shah ' r . - (8) CocPoratiom yatda - 7t (b:+-, or Hemlock, but spenincal; shag be binding on, on present w Section 18-400 Permitted Uses ' setbacks be law than 10 het boo . 7)Machin*hOP46 -- ;p h mcludlag kuPieg of future Ownm, -. 18.401. Development Area A. m any dW IiW. -- - le) Notos tsltrle wles sad bah + commenlej feed. $ectim 18.800 1)evdopmmt plea Development Ana A, tot following 12.70S. mousms aetwee r Hulldlsµ - ~ asnvlaas lots Required uses dull beyermittsdi. The minimum dudmon between ail Y) g gara8r., `+ -. .. Seatlon 11400 Aarxasory IFsp Plot to teeumoe of -anr Perm*' ar (1) Multiple famllY raddmtdY struetutm shall be u fedknWd me {Ml0) Rapah shMe, ?:1. - Ttu tonowlag uceurory. rep andl be n,7 ashen autherlsatim for dW -. dwelling. hridudmy at• approved development plan, but is 5 4s(11) Ties ads ass permitted: ynparetion, Construction, darstop- tsehad a sour dwYllap ao case shell to minimum ulletasereslaj0ea. (1) Pdvae tpeeobeuse*, viol- mask or ter within the dialdok tbe and Omidwainkme unfle. - betwase buildings - be lad than Ille. i•_ r•'•aPPtni:r ;_,5 t N shade, PWYb*9101, Haman Town Cotsaesl sbA b7 Noolutich, LOdia, Including aceaap. &M. - I3 TettMdmg- t4rlalnala . ob or eexpert , . swimml” adopt a development pia for the - ry 18.700 Haight The max)muwpooW, Dstlw, or ncrestim mt4e atlnw drinldag, sans. djdlek The devdopmentvim ' atlonaL ar "tall edabilsM bd¢ts of. an atruotwy sean be r - wInrokservicewtton. laYBtlea nustoaeaM7 mst. - be submitted to tbe PFansesg i ' . " manta located within the _ Indicated m the s ssrayed develop- s. (li)Yddcle storaMY dastat to Comaggdon. for rytdew. and tie , '•"'" 14 . Wanhousar `" "k'. "- rvdden{lel use Pllannbll Commlados aba0 submitM4 4-' k'.. PZL dV t .use sus not mint pia, but tar vgfous POriiOmg la) woodworking ass iwkwa W.. .. _ - omuPYing more than o! the Darmlttad de epv.mp, synlHamsomupalbns, subject findings and rseomteeadatiaas to the $,000 aquem teat of Boas not exceedthe fanowlrlsehedUMxahoPr.. ,.. -.. a "t^°• ! . to Immune _se a homes . Ceuarwn. 8uI m anent revisions to tht '" - aru, Addltboal - 0 ^gal [Ill) Additiossl aamnea'dY +y`''l'r -:•• occupation permit In n,4• development plan my be,Approved Y nti serviam dee:mdad to be '-, eord with the provjaloos of by the Council' by rmolutim artagd' om uoutdaayr . ,'Fi - 'e'i.`4 t :, t . 1 _ . dmltar to the fbngatml "" Sectk m 117.200 of- tlsf following Iffim by via GawatLYOS. Potchu, or tarraca. - - we ish She rrovisilnua rrinvri(ij Aden ry bniW%gsn'iibd 1emB eoa d thi llediagt sad - ' .• t,) a0aasqel weM , anted Cottditugd Pqa 36 — 21.200 of ihila _ Ulu audomar6Y incidental naammandatlema of- the Plano.- and drmhdng aebllsh- '- . - :•; -- to Pasmtted agricultural Commission, ad gbaR make the masts. Provided Uk" we - - Su The Vail 'Bail August 17, 1973 instrument. u it deems necessary to whlchevu isgreater. USE i r'd111E1 sans" unified oDaradan and control 4) Aisles: Aisles o! edapaute Any sues ant listed, it gush ,a. ZauegY of joint puking facilitiesor to ensure me cantiauatlon a! much faoWtitr,, width for convenient and easy aeons to each parking requiresa tba recurring receipt orFtmn — Page 49 includingevidence Of ownership, long space shall be provided, distribution of goods or agWpment term least, or easement, affording unobstructed by truck, Area A Section 14.600 Parking and Loading vehicular passage between LOADING REQUIREMENT • Development do each puking space +red one portion of Permitter The following stand -do shall sovero or more accesaways- This One loading berth, plus additional site Cgwtagf - Maximum Haight the design and construction of all requirement may be bertha prescribed by the Town 52paireast 96 fast Off- .tweet parking and loading fmW- - waived only during such Council upon determination Of need. 39parCant 46 lest t1a, whether required by this limn as valet parking is 12 Pooamt 0 teat ordinance or Provided in addition to operated In hau of sell • 14.702. Application of Schedule. 15 par cant - 66 feet the requirements of this ordinsocs. dimensions parking. Where the schedule is based on units 60a seat 70 feet Minor adjustments of the 6) Swladng; All Puking Of floor area (aqua*, footage), the Devalepmmt Ana 8 - prescribed herein may be authorized by the Zoning Administrator if areas .hall be paved andprovidedwithadequate requirement shell Apply to a majorfractionofaunitoffloormenbut Portion efIormisw -` consistent with generally reooznired drainage facilities. not to a minor fraction. BIM Coverage Maximum Height design standards for off-street Dark- 6) Landscaping: Not legthan 14.708. Credit for Multiple Use 50 pa cant. - -- 45 feet ins and loading fmiiidea- 10 Per cent of the interior Loading Facilities. Where a Single 28 per cent -^ 55 feet 14.501. Puking. Standards for surface a of all unan• oft- street loading facility carves mom 22pre Mat ;- :•,; 60 feet off -street Parking shall be As fellows: closed oft- street Puking than one se, the umber of1) Location and design: Park- area shall be d...led te oft - street leading berths may be 8.700. Density Control Tbe fkast the following rrbadule. Permitted tag apatta, aisles, and Imdaeapins: In addition, reduced in accord with the,followingBoerstnsPfallbuildingsandDoorareandcumbersofunits $hall turning area. Sbali be landscaped borders not less schedule: tampers of sppommadation unit not be lrapaleaabLe from one entirely within lot line. than 5 lees In depth she]l add dwelling cane aball hot exceed Development Area to another. End shall not encroach on be provided at all edges of Total Reduced DeveLopmmt, Development SDTowDistrict. bay public right of way. No parked vehicle shall puking lots, Requirement' Requirement With21lfit, overhang any public right 14.502. Loading. Standards for Determined By Section 14.701 Multiple Use 1KaalIDUm totel t -_' of way. Except for parking oft- street loading Shall be n follow*: All I berth I berth Bear area of + EiI,50o 221,500 788,000feet facilities serving Single la- family 1) Location: off -stnet loading berths shall be 2 berths - I berthj-n equan feat Square feet square mily ortwo residan- tW dwellings, or Parking located on flea came lei as 8 berths 2 berths 1laxkntnm aumbet " letihdes mecommodatmg the use Served, Oft -stmet 4 baths 2 berths . of a colmodation * lase than four cars, oft- loading bertha shall be 6 berths 3 berths berths 3 berth. on 'O ' unitsand dwmBing street Parking stay thall be provided in addition to 6 berthsu.ca __, _ 420caste 165 units 585 units designated w that it w01 not be necessary for equired. off- street parking sad shall not he located 7 berths 4 9 bertha - 4 berths vehiclesto Wok into any within aCcemwayo. 9 or mom bertha 5 bertha For PttrPOan Pf shit wetland only, a completed for that phase according street: or public right of 2) 5t..: Each required loading berth be not lase than Section 14.800 Exemptionsd..11knL unit sad connecting to the master plan for the Sunburstproject. In the event the recreational vaY. 2) Size of Space: Each off. shell12feetwide, 25 feet long, The Town Council by resolution mayaccommodationunitaballbedeemed A dwelling waft it the amenities andlor public facilities are tree[ puking space Wall and if enclosed andior exempt certain areas from the - off -stye" and loading rm- singleaxommodatioa cads oauples Isar not complete witbin one (1) yeartheCertificateOfOccupancyis benot leg than 9 feet wide red 19 feet. fang, and i! covered, 14 feu high, Adequate'Luming and man• Parking gWremenls o[ LhLe ordinance, than 40 pee east of - the grow after the Town of VALL .hall take enel.md andim covered, euvering space shall be ealternativemeanswlllsee[ theresidentialmoorwasofthecombined ,issued, units, For Purposes of determining the necessary steps to collect -the - not Is" than 7 feet high. provided with'. the lot of attest . in theend loading needsallusesintheareaPriorPariinsrequlreMonts. such unit. Wm2 - funds required from the bondingandcompleteSheconrtrua- 3) AccesswaYS: Unabatrueted and direct acceswaye not lines. 3) Acmm: Amon" ye not eexemptinganyeefromtheex be deemed mpants dweOLrp m sooemmodatlon units. _ - company tion ofsuch facilities. lass thm 10 feet or more leg then 10 tees Or more 20 feet in width shall off- e[reet , the and loading m- quiremenis, the Council Wall deem- 1, Development Area A. the gross ARTICLE 14 than 20 feet In width shall be provided from off - street than connect age loading: berths mine. Al Boni seem Includedlodge OFF- STREETPARKING Puking a Street or alley. always or alley. Such 1 That the exemption L in at 6 perlodgecastealasllpopmxtteed26pera AND LOADING In mumo a family, publicip ace may coincide the interests of the area to east of the total zeam residentialfloorareaIntheDevelopmentArea. Section 14,100 Ptuposex accommodation d cos- with accesswava to pukingwith i exempted asd in theinterestso! the Town at 19.706. Building Bulk CentroL IQ order to alleviate Progressively or mercial districts, •the total of all vehicular facilities. Section 14,600 Schedule of Off- large. Building bulk, maximum wall to Prevent traffic congestion and width rlewways &hall not ex- Street Parking Requirements f2) That the exemption will lengths, maximum dimensor of buildinggroups, gmitequirements tox shortage of on-atreet parking Areas, off- street puking and loading fuW- coed one foot for every 14.601. Schedule, Off- street parking rest confer env special Privilege Or benefit upon wall offsets add for upper levels of ties shall be provided incidental to Lh "e last e! lot frontage, or average width of the lot, requirements shall be determined in aecord with the fallowing schedule: Properties Or improve- buildings to be steeped back from new uses, anlugemeats Of existing vi bethetobealowershalluItlan. on wan, or chanac of tree. The gusherberths USE PARKING REQUIREMENTS ems ed hexempted. both privilege the approved development Alm. rove o Ft. 13.707.- Site Coverage. In Develop- of Parking spaces and loadingprescribedinthisArticleshall be in Single family Or two family dwelling. Two spaces par dwelling unit. or benefit is not conferred on similarly situated pro- meat Area A, not meta then 295,000 proportion to the need for rb by the Particular Multiplefamily dwelling or lodge: elsewhere In the square feet of site area had bebr,, covered by buildings. In Develop- facilities crested type of um, Off-street puking and a) Dwellingstaff 0.5 spun pas dwelling unit, plus O.1 Town, 3) That the xemption willmentArea8, not more them 100,000 loading grey a" to be designed• apace per each 100 aquae feet of not be detrimmtel to A - square feet of Site area WAB be maintained and operatedin A manner grow residential Hoar area, with a adjacent properties or im- covered by buildings. - that will Answer - their usefulness, maximum of 2.0 spaces pet unit, provements in the vicinity 18.708. Uemblq Open Space. Useable protect the public Safety, end, where b) Accommodationunit' 0.4 apace per accommodation unit, of the arse to be ex- open space for muitiple fomitir ppmpriate, insulate surrounding Plus 0.1 sPut Per Bach 100 aquae ampted: - dwelBage and lodge ahafl be required land uses from their impact. In feet of gross residential floor area, 4) That suitable and adequate Iodinated - on tha approved RRR... dwa]oPone" but to oe. eye . certain districts, all or a portion of the puking spaces prescribed by this with a maximum of 1.0 space Per unit. means will exist for pmvi son of Public, community. ` , ahsB the usedm open ban e are required to be within heArtistraqS budding in to Medical and dent.) officer, One space perreach 200 square (eaE common arkgroup, or Parking -' ladititn; for -p ovision ofeepuireapedttbe, Im,6 . t¢aµ _UAS main order to aJaid or a;- of floor uea.. loading facilities 1) Fee. dwarfing uu[t(,. a' s'44'ksn minimize theadverse Ylnsal impactofLuseconcentrationsofexposed Other professional and business One space par each 900 square feet - adequate and 'tor a system t k miaiesuf. e1 I equare foot parking and o1 separate Wage or loon!- '; of floor area, - diatSibtuion and pickup of o! ersnLAW Open spell Shag carport structures, - - Burks and financial institutions. One space per each 200 square feet eaoda and or hn r ; be prodded teraaab 4 feat Section 14.200.. Application Of of floor area An maintainingoParaiincidmSaidowofmomr+s[daatisl Beer- - off-Street Puk[nk.. and Loading Retail stores, Deegan.] Services, and Oae space perleach 300 square feet that . such facilities; and Lhai area. but not low ehea RepStreet to repair shops. of floor area. such Parking, loading, and pnare Ise[ of usaaNe epmof ON- street padddg sad leading .Dane shall ep !cat saw Eatiha +end drinking eitAblishments. One space per each 10 seats based on distribution facilities shall .. eDae dwelling unit. prodded Yfor bwhich4 codaoccupacapacity adequate meat 121- For acaommodaried wane, minimum OZ 1" square buhdiog as use established, any ,A addltioa or eaIsraamml of m ,,. '_ .' oeeuemeY stendatds, whichevar Le, tan greater. ilia existing and protectedtheexistingm need. generated by ail uststfeetofumble.open banaluhlbeNoddWteeeach existing building of cafe. ar for my - change of occupancy of say building Theaters, meting room*, convention One space per •ech i0 seat. based oneatingmpaeltybuildingoccu- in theareato b exempted 4 lest of green ndpantW pr the manner in ,which any ust is faeihtln, ehumbu, and simile uses pancy standards, whichever isgreater. _. ARTICLE 15Boarare$, but act lam ' conducted. subject to the PruvW6118 o1 Public awrmW., - be deter- D19SION REVIEW. Sthanloomatte" tact of of. this Article. 14,201. Existing Fullithm OH-streat A" on listed as ceadltieaal use. Puking requirement tominedbytheTownCouncil u a Snetloa [6:100 Purpose , datable open space Wr tVwabl. parking and leading lsclBtlea caved log y- condition gt the Conditional Vas In order b prestrve the restu/f1'--_0, eeommodatloa man... open *Pane t_tW Ym enmmen off -street parktbg.and loading Ca the Permit, but pot lm tbAn [haeotpPanhlerequirementprescribed beauty of the Town's site and setting. L• 7. Pace acendbls to son than am effective date of this ordinance 211,2E above. and toPrevent indiscriminate Cis nit dwelling or trt•Commedatloo unit, ns not be reduced in capacity W gem Any ueaaM Ifstad, ` Perkin requirement to be dater of Property, removal of trees, may be private pace eoe*2dbh to than the number of own Prescribed tamed pY she TownCwnW.. a and to attain the mpande dwelling or accommodation to this Article, or reduced In Area t0 flowing ofollowingob) eand exterior dadg&L A. units• or m combination thereof. At least one -Half the required unable lay than the minimum standards prescribed in this Ardd*. 14.602 Application of Scheduls. of a unit of Boot area but not to a ni all new development and addldoae ?t ° ta_ All newaidevelopment shall be", - open space dr.R be provided At 14,202- Additions or Changes, Faradditionsorenlargementsofany Who" pikescal requirement. resultfromapplicationoftheschedWe, she minor . Crfraction. 14.609. Credit for Mu1tlDlm Use sub).ct to design review: - To ametsivs or ;, - ground. Ievd, exclusive of required. front Setback grmaL At Least. 75 par, existing building or use. Or my fraction Shall be rounded to the Parkins Facilities. Where a single 1) prevent -. unsightly grading which y_ cant of the required ground low] ch,2nge of occupancy or manger ofthe neuert whole number. where theScheduleisbasedonunitsoffloor Parking facility servos more than oneuse, the total parkingrequirement for could cause disruption Of useable open space shag be Common The maintains dimension of operation that would increasenumberofparking .pace required, Sees ( squue tootsgal. the require- all uses may be reduced in accord natural weandf ins mat" dtorJ( 2) space. any afar qualifying AS pound level the additional parking .hell be mmat &hall apply to a major fraction with the fallowingSchedule: - - oa' To thatToensureLLtd the locatim ,vty,' useable open apace shall be 10 feet- required only for such addition. Total Requirement Permitted Reduction and configuration of mroo- ' Not man then one-half of the enlargement, of change and not for Determined Da \- b Determine Multiple Um Parking Requirement ' - t Are visually has• tunes t unable open space requirement may the entire building of use. Section 14.601 sons". with their Sit" be Satisfied by Wlconin or mot - SeeUon 14.800 Construction and to 100 spaces No reduction ,. and with surrounding site decks. The minimum dimension. of Maintenance of Off -Stoat Parking 101 to 200.wm 26 par cent _ 6.0 Per cent and stmetures, and do not ",4= MY area ac a e5 And Loading Arn. 201 to 400 spaces - 301 to 400 spaces 7,5 per cent umeeesorlly block scenic Ball bleveluenbIsopensvaMabaBbe 6leopen All o[t -strut Parking emd loading 401 to 10.0 per coat views from xiatini build feet, and my such arm .half contain facilities required by tbb Article shag 601 spun 601 to 001 spun 12,5par cent tag m tend to dominateatLeast50squarefooL - be Constructed and maintained in 601 t0 - Spun. 16.0 per cent - the townsscape. or the19.709. Landscaping and Site Derel• ae:COrd with the minimum standards 900 701 to B00 spaces - 17.6 Percent natural landscape. opment. In De"Japinwit Ana A, at for such facilities. proscribed by this 801 to 900 Spam - 901 1000 20.0 percent - 22.6 percent 3) To sure that the weld. kart. 66 percent of the tow dte sty Article, and shell be malntdned from to &pawn over 1000 spun - 25,0 pernot - tectutal design of xtrue• . Shalt be landscaped. in DevelopmentAnaB. at ]mad -90 Dar mat of the of accumulated mow or othermaterialspreventingfulluseand tares sad their materials %. and colon an deadly total rite era shall be Landscaped. 3 &710. Parking and Loading.. Ott• Occupancy of such facilities in accordwiththeintentofthisArticle, except Section 14 -700 Schedule of Off. Street Loading Requirements. requirernoats shall be determined in harmonious with the , Town's overall appearmo, stteet puking end loading shall be or temporary periods of short 14,701, Schedule. OtMtreet loading accord with the following schedule: with Surrounding develop-- provided in accord with Article 14of duration in event of heavyor unusual USE LOADING REQUIREMENT meat, with nature] land= -,. 1 ' this ordinance. Parking for uas In Snowfall. forma and native wgeta-., Development Area A shad be located SmFlion 14.400 Off -Site and Joint. Multiple !.Wily dwellings with ova Ono loading berth for um up b t'on, d with officially. - x' - in Development Area A. and parting Pafidng Facilities. 20,000 square teat grow residential 100,()00 aquas test uow reSidastifil approved development . for uses. in Development Arm 8mhAU All Puking and loading facilities floor area. floor uea, plus one additional berth plans, if any, for the area be located in Development Arm% B. required by this Article shall be fat each 60,000 square fast grey in which the structures an - AN of the requited Parking shall be located an the mine site as the use residential - floor area In *zoom of proposed to be located. located wltWa tlu main budding or for which they arerequired, provided 100,000 square feet. 4) To ensure that plane for,. buildings, or beneath ammamory that the Town Council may permit 1pdRn with ova 10,000 aquae feeC One loading berth for uses rep to the landscap[ag of open. SpaeAm conform with slimdeck.. taneen. W pfsay, and shallbe Completely • kolowd and women off -alit or Jointly used parkingfacilitiesItlocatedwithin800fastof total floor areR including acmewOrY 75,000 ag:are Teel low flOOr area, ddit'onal berth. for each egulatiom prescribed by - rom dew. the uea served. Authority to permit uses with', the lodge, plus one fret total floorana in this ordinance, provids - No puking or Wallis$ at" shall be off -Site orjoint parking heilltin @hall excess f 75.000 aqua" let. excess of visually Pleasing aettina . . located in any required setbook uea, not extend to Puking spaces required for Structures en the Same - and de Parking ar Loading ahall be by Shia ordinance to be located Professional and business alflas, nghartOneloadingbuW. - site arat en adjoining and permIittad at soy time In caw within the main building on a Site, banks and financial institutions with nearby Sites,. and blend - designated for rimmatlm or Open but may extend to parking simew over 10,000 square fast taw Boor harmoniously with the .. .- space cane on the development plan. permitted to be uneaalosed. Prior to area, natural landscape. 15,200. Design Reviewrays, t permitting ioint Rswl sterns. personal services. repair One Loading MrLb for case up to Section and P umaaan located within facilities, She Council shelf dNrttdn the leeatloa of such Shape. meting and drinking establish- 10,000 square het tow floor ,2rea. for The Town Council @hall appoint thebuildinga11.il lee peemltird en1Y yindicatedasUSAopwddev@op- that proposedpukingfaellltimand the pmapwtkw mints, and all other eommaclal orwithova2,000 square plus One additional berth main6,000 apu,2re lent total floor area W De kg n Review Board which shall be - meat plan. operation sad maintenance of Such Service usespmtSOwBOOr ana. excess of10.000 square fees. Composed of three members of the Planning Commission and two ... 1 &711. Performanem Bonding. Prior to Issuing a building Permit for any facilities will fWau the purposes of this Article, will be a unable and Any sum Listed m a Conditional not. Loading facilities requirement to be nvembers at large. The term of owds = buildingorany ether eenstnreUCIC on mon"Alent m parking fadhttem dotes ided by the Town Council m a Board member Wall be ant Isms, and . the premises, PutWtse shall Submita located 90 the site of the use, and condition of the Conditional Use he WAB be eligible for reAppainl . tletterofere&& or surety bond. will not caw" traffic congetienatas Permit, but not lea than the meat. The Council Wall da@gnste guuant"Wtto the Terra et Vailthe unsightly eonoentratlon of puked comparable requlremast prwcri ed one of the members to serve as, Construction of the me"atioaaf cart, above. Chairmen of the Bond. - The Board baaby Is autnofLeed b ".:•- amanitln and public famWtla to be The Council may "quiet such Legal SCHEDULE CONTINUED NEXT COLUMN retain the satvices of one or more con"u" uchltects, landscape archi- tects, or urban designers, who need net be licensed to practice in the state of Colorado, to advise and *ssid the Board in performing the design review tonctiom prescribed in this article. The consultants may be retained to advise the Board on a single project, on a number of Projects, or on a continuing basis. It is the intent of this Section that the Board wad review ntativelY small scale pmiscis, web as individual single family residences, duplexes, accessory structures, and Minor additlon to existing Ametures, without the assistance of coosuluieta; and that consultants will be retained to advise and assts! the Board id reviewing relatively lugs stall Pro- jests much as groups of single family rasidences or duplexes, individual multiple dwellings. lodges, semi- public and public facilities & all types, and commercial, industrial and utilities developments. The Design Review Board shall meet upon call of the Chairman. Meetings shill be called sufficiently frequently that the design review procedure prescribed m this Article shall comments within 30 days of submission of material required by 15.400. ' Section 15.300. Design Approval- The Town sham not suthortae eta preparation, building construction, sign erection, exterior alteration Ot enlargement of an existing structure or paving, fencing, planting, or other improvement of open mince unless design approval has been granted as prescribed in this Article. For the purpose of this Section, landscaping of open .Pace on the site of a project which previously had .received design approval shall at require any additional approval, Section 15.301. Performance Bond- ing of, Recreational Amenities. PriortoIsruingabuildingPermitforany building permit for any building or any other construction on the pmmtses, Permittee shall submit r letter of credit or surety bond, guaranteeing to the Townof Veil the construction of the recreational amenitiesa presented in the site plod stupor prospectus. In the event the recreational amenitiem are not com- plete within one (1) year after the Cerlilcata of Occupancy L issued, the Tow. of Vail shall take the D. -scary steps to collect the foods required from the bonding company, guarantor or other institution guar- anteeing construction of the recrea- tion amenities and complete the construction of such amenities, from the proceeds of such funds ao derived . Section 15.400_ Material to be Submitted,: . The owner `or authorised spat of any project mquiring design approval as prescribed by this Article shall submit all of the following material to the Zoning Administrator unless the Zoning Administrator had determine within tire (5) days of written request for such determine- Lion that same of the following material may be excluded. - 1) A toponrapBic map of the site with contour intervals of not more than 2 feet If landscaped lieu, service aress, area, Pedes- trian walks, d sways, and off -stmet Parking and load- lag lieu. The site Plan shall indicate the locations of ingress and egress and the directions of traffic flow into end out of as well ss within parking and loading mess, the location Of each parking apace and loadina berth, and .teas far turning and maneuvering vehicles. Landscaping and nirna of off-street parking and loading areas shall be shown. The site plan shall show locations of utilities backups and' any abov Pound utility lines of that instaHetiom. 1) A PrsHminery landscapeplandrawnatassale of 1 Inch equals 20 test a 1 larger - required by the landscaping ordinance. The landscape plan shad show locations of existing trees or groups of {seer having trunks with diameter* 4 iaeh- or n 1 toot above natural grade that one proposed to be re- moved. Shrubs and other native plants proposed to be removed shall be generally Indicated. The landscape plan shall show Lots* and ether vatiw plants pro pased to 'be retat.td, the loeatien aid design of proposed Land. seeped steam, the varletiu and approximate sizes of plant materials to be planted therm. and the Location and design of ' swimming pool arses, patina, play aseas, rscrea- tion facilities, and other useable open space. The Imehic pe plan shall in- clude sufficient detail to provide a reliable bad. for estimating the amount of a performance bond guamn- tsamg installation andmaintenanceoftheim- provements, 5) Preliminary architectural plate drawn at a scale of 116 inch equals 1 toot or larger including floor plans in sufficient detail to permit determination of whether all requirement of this ordinance based on near area will be met. Architectural plans shall melude all elevations of proposed structures or they Will appear on completion, and one or m e Per- apective sketch" or a scale model a neeessuy to illustrate the Overall ap- pearance of the buildings, grounds, and other major site development features. All exterior surfacing materials and colors shall be specified, and samples of each, complete with proposed finishes, shall be submitted. 6) Scale drawings, plans, ren- derings, photograph&, or other information required by the sign ordinance, Ordinance No, 9, Series of 1973, showing , In detail design, materials, and colors, and specifying the method of illumination. Locations of proposed- gig.. shall be indicated by a numbering - system or other clearly compre- hensible system of refer - to the site plan prescribed in (3) above or the architectural plans pra- scribed In (5) above. Upon r quad of the Zoning Administrator, as Ales of Sign materials shall be submitted. The Design Review Board may require the submission of additional piano, drawings, specifications, sam- ples,. and other material if deemed necessary to determine whether a project -will comply with the purposes prescribed in Section 15,100 and the design guidelines prescribed in Section 15.600. Bretton 15.500 Design Review Board Action. The Zoning Administrator shall check all material which sham be submitted for dedan .view for compliance with Section 15.400. It found to be adequate, the material shill be submitted to the Design Review Board at Its next meeting. The Design Review Board shall review the Material and sham approve. disapprove• or request changes In the design of the project within 15 days of the data of Its meeting at which the material is received. However, it the Board determines that advice or assistance of professional consultants is needed, an additional 45 days shall be allowed for action by the Board to allow time for retaining professional resultant. Lad submitting plane to them. Failure of the Road to act within the prescribed deadline sham be deemed approval of the design of the project unless the applicant Contents to a time extension. It changes in the design of the Project are requested, the Board shall PProve, disapprove or request further Changes within 20 days of the meeting at which the Board receives the changes.. rIfthedesignofthe project is found to comply with the purposes prescribed I. Section 15.100 and the design guidelines Proscribed in Section 15.600, the Design Review Beard shall approve the design of the project. If It Is found to conflict with the Purposes or the design guidelines„ the Board shall disapprove or request changes In the design of the project. Any disapproval or request for changes shall be In writing and oh&H specifically describe the purpose statement or design guidelines with which the design of the project do" not comply and the manner of noncompliance. Section 15.600 Design Guidelines. Actions of the Design Review Board shall be guided by the purposes Prescribed In Section 15.100, by piano officially approved by the Town to guide development In the area within which the project is located, by the design guidelines prescribed In this Section, by other applicable Provisions of this ordi- nance, and by other applicable ordinances. If a development project la to be built in phases, each phase shall be subject to the design guidelin" prescribed to this section. 1) Building location, configu- ration, architectural design, materiels•. and colon should be harmonious with the majestic mountain .et- ting and the Alpine village scale of the Town. 121 Sttueturce should not visa. ally dominate the town -. escape or cam undue attea- tion to themselves ..leis they us of *eivic Impor -- Lance and occupy - focal sit". 3) Structures or portions of structure, exceeding theheightLimitsprescribedIn this ornirtan,e, as permit. led La SacNen 17.206, August 17, 1973 should be Limited to chimneys, clock towers, ski lifts, church steeples, and similar harmonious archi- tectural forms. Rooftop beating and air condition= Ing equipment, lugs vent stacks, elevator pent- houses, and similar features should be avoided and, If Permitted. should be screened from view. 4) Roots should have a pitch of at least 4 feet in 12 sad should be covered with materiels that an hamont- am with their surround- loss. Flat Moto sham be permitted only m special situstlona, and then should be covered with harmoni- ous materials. Mansard roofs generally should be avoided, 5) Deep eaves, overhangs. canopies, and other build- Ing featues that provide shelter from the elements in winter and provide shade m summer should be encouraged. 6) Building materials should be predominately natural, such Is and siding, shingles, and native atone. Brick is acceptable. Con- Orate block generally is acceptable only if specially designed and colored. When stucco Is used, gross texture. and surface (sa- tune that appear to imitate other materials should be avoided. Commit surfaces should be used sparinaly, and should be handled with delicacy and restraint. Aggregate generally is mom acceptable than raw con - crete, but use of integral patterns and colors can make - concrete surfaces huMOnta.. 7) Fenestration should be suitable for the climate and for the orientation of the particular building eleva- tion in which the fenestra- tion occurs. Uae of shutters add sunbreaks should be encouraged whom appro- priate, 8) Design of accessory atrve- Luns, fences, walls, and Cher structural landscape features should be harmo- nlous with the main structure or structures on the site. The sate or other harmonious building materials should be used on main structures and accessory structural. 9) Natural oohs (earth tones) gray. d white should be favored. Primary colon or other bright colon should be used -only sae Laterite and thin spar ninglyandmainlyinnon, residential area. Use of peotratmg stake rather than paint on wood star, faces should be en- couraged. Exposed metal flashing or Ulm should be an artized or painted so as to be non- reflective, 10) Commercial development generally should be rela- Lively til htrknit and some- what intimate in .c.le. Large at readily visible parking Iota exposed to streets and main pedes- trim-wayt should be avoided. 11) Residential, multiple dwa]- ling, and lofts develop - Mont outside central areas the Village and Lions head) should have a looser, lower density character, Open spaces should be left In their natural date or landscaped, and large paved areas should not be permitted. 12) Removal of trees, sh—ba, and non - hazardous native plant 'materials generally should be limited to removal of those essential for development of the Bite. 13) On hillsides excessive grad- ing should not be permit- ted for building sites. access delves, off -street parking, pool sites, mere- ation areas, or other improvements. 14) Cut and fill slopes should be sculptural in form and contoured to blend with the natural, undisturbed terain. 15) All grading and excavation cant should be planted with natural materials or others that will harmotdze with the natural landscape. 16) Landscaping should bedesignedtohermoNu with natural landforms and native trees and other plant materials, except in core- mereW - area where the man -made look may be more suitable. In general, lawn. geometric plantings, evenly spaced rows of tees, and that formal, ban landscape features should be avoided. 17) Particular attention should be given the lmdoespe 6.4m of off.street parking law to eoften their harms, barren appearance. Can, as seen from grade and from higher elevation, should be screened as much a Possible by tress, shrubs, hedpa, fences, --ad. and dmllar landeceps fea- tures Plans materiels used far . screening generally should be evergreens. 18) in residential area, locs- tion and configuration of buildings should maximize the privacy of surrounding dwellings and should in- trude into their views to the minimum extent feasi- hle. 19) In residential area, actor sory buildings generally should be attached to the main building either direct• ly or by means of a continuous fines, wall , or semen at least 6 feet high of the tame or a comply mentary, material as the main building's exterior finish. 20) Serve.. area, outdoor storage, drying Yards, gsr- base eras, and trash storage area should be screened from adjacent , properties, streets, and other public araa by fences, planting, or other suitable meant. 21) Storage areas for boats, trailers, campers, and off - read vehicles shall either be completely enclasad or screened from adjacent properties, stmeta. and other public auras by fences, planting, and Other suitable means. Section 15.700 Design Review Fee The Town Council shall set a design review fee schedule sufficient to cover the cod of Town staff time, consultant's fees, and incidental expenses. Applicants for design review may be required to deposit with the Town a sum sufficient to cover the cods of design review which shall be deducted, and the balance returned to the aPPHcant following completion of the design review procedure. Section 15.800. Appeal to Town Council. A decision of the Design Review Board may be appealed to the Council by the applicant or any aggrieved person or at the request of the Town Manager at any time before the decision becomes final. Within seven days following action of the Design Review Board, its decision to approve, disapprove, or request hang- m the project design sham be transmitted to the applicant and Posted in conspicuous manner at the Town office. The decided •hail become final if no written appeal is made to the Town Council by any aggrieved Person within 20 days following the decision of the Design Review Board. Not mom than 20 days fallowing the filing of an appeal, the Town Council sham review the action of the Design Review Board, The Town Council shall, In writing, confirm, modify OrreversethedecisionoftheDesign Review Board within 20 days following the commencement of review. If it deems insufficient Information is available to provide the basis tar a sound decision, the Town Council may postpone final action for not more than 30 additional days. Failure of the Council to or Within 30 days shall be deemed approval by the Council of the design at the project unit. the applicant contents to a time extension. Any decision by the Town Council ' which results m•disappmvsl of the project design sham specifically describe the purpose or design guidelines with which the project does not comply and the manner of noncompliance. Section 15.900., Lapse of Deal= Review Approval. APProval of the design[ of a Project as prescribed by this article shall lapse and shall became void one year following the date of final approval of the, project a pregeribe4 by Article 16 or by Aricie 15, whichever is Later, unless prior to the expiration of out year a building Permit is issued and construction is commenced and diligently Pursued toward completion_ ARTICLE 16 ENVIRQNMENTAL IMPACT REPORTS Section 16.100 Purposes Submission and review of an Environmental Impact Report on antprivatedevelopmentproposalOr 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 following objectives: f) To ensure that complete Information on the m. viroamental effect. of the Proposed Projaet Is avail- able to the Town Council, the Planning COmmWioa md'the general public. 2) To ensue that long term Protection of the environ. meat is a guiding criterion in project planning, and that land we and develop- ment decleione, both Public and Private, take into account the relative merits of possible aIts - tive actions. 3) To provide procedure. for Intel review and evaluation of the anv[mnmentsi ef- fects Of vroposed projects prior to granting of permits or other authorization for commencement of development. action 116.200. Applicable Projeew. An Environmental Impact Report haH be submitted to the Zoning Administrator for my project far which Web a raper is "quit" by t.d..d at state law, or to, my Project which the Zoning Admlpfa- t-lor daterntlaas may danlficands, cbanp the 4nvinnmem, silliest'- The Vail Trail 51 during construction or on a con - tmufng bads, m one or more of the following respects: 1) Alter an eaalogfeal unit or Land form, such as a ridseline, .addle, draw, ravine, hillside, cliff• slope, creek, marts, watercourse, or other natural land form feature. 2) Directly or indirectly af- fects a wildlife habitat, feeding, or patting ground. 3) Alton or removes native Pastas, trees, shrubs, or other vegetative cover. 4) Affects the appearance or character of a significant eenic area or resource, of involves buildings or other structures that sme of a size, bulk, or scale that would be in marked contrast to natural Or existing urban features. 5) Potentially results in ava- lanche, landslide, siltation, settlement, flood, or other land torn change or hazard to health and safety. 6) Discharages toxic or that- really abnormal substances, or involves use of herb[- aid" or pesticides, or emits - smoke, gar, steam, duet, or other pmuculatermstter. 7) Involves any process which results in odor that may be. objectionable Or damaging. 8) Requires any waste treat, Mont, cooling, or settle- ..' want pond„ or requires transportation of solid or liquid wastes to a treat- ment or disposal site. 9) Discharges significant vol-. , units of solid or liquid wastes. 10) Has the potential to strain the capacity of existing at planned sawaga dlapesd storm drainage, or other utility system. 11) Involves any process which general" doles that may be Offensive or damaging. 12) Either displaces significant numbers of people or suits In a significant increase In population. 13) Pre-empts a site with :- potential reereatiopat of open space value. 14) Alien local traffic patterns or causes a significant increase W traffic volume or transit service need. 15) Y s par of a Larger project. which, at my future stage, may involve any of the impacts listed above. ' Section 16.300. Exempt Project. An EaVimnarentaf Impact AepO" AAle shell not be 4equired for the following projects: 1) Alteration, repair - and v cssintmahe* of existing :. ..._ structures and site im- provements. 2) A phase of a project for which an Environmental Impact Report wax Dre- rF ,-?... . viousiy submitted and . viewed covering the entire -r - Project, provided that the ' Project was approved and not subsequently alters& 'T 3) A project which, an thy: -''. . bads of prelimtdairs, environmental assessment '.- covering each of the factor prescribed In 's Section 16.200, i found to .. have an insignificant lm- - Pact on the environment Yt.. The preliminary envison mental asteemsmt and the ; fiedlng on environmental impact shall be made by . the Zoning Admmistraterf, Section 16.400 [reparation, Form, Content, Time Schedule, and Fee 16.401. Studies and Dats, The Envitonmental Impact Report shall be'. based on systematic dudies conducted by the Town staff or by , professional consultants, W dates. _,- reload by the Zoning Administrator, - The Environmental Impact Report on a public project may be pte amd by the responsible public agency or - by profession" consultants it en. _ gage. The range of studies needed to develop the technical data for amp - Environmental Impact Report fu- clud" the following natural Aystems . and other studies: 1) HydrologLe conditions;''': such as surface drainage sad watershed character- istics, ground water and - soil permeability chatactet- istles, natural water fea...- tuns and characteristics, - and any potential changes or impacts. 2) Atomospherie conditions,. web at ajrhed characteo- . Latins, potential emisdan„ and my potedtlsl changes or impacts. S) Geologic conditions, suck as land forms, slope, soQ characteristics, potential hazard., tad any potential changes or Impact. 4) Biotic conditions, meh as vegetative chasaeteridks, wildlife habitats, and my Potential change. or im- pact.. 5) Other enviroome4tal coo- ditione, such —noise levels and odor characteristics, Led say potential cheap& or impact. 6) Visual conditions, Web as view. and admit, alue,, and my Potential changes, impacts, or marked coo - trasts. 7) Land use conditions, web as characteristics of sup„ Continued — Page 52 be a esese slope of the site is poreant orless, Or with contour Intervals of not more than 10 feet if the average slop. .1 the site is greater - than 20 percent. Existing trees or groups of trees having i- trunks with diameters of 4 inch" or more -1 torabovenaturalgradeshill be shown. Rock autctop- pings and other significant natural features shall be shown. - 2) Site grading and drainage Yr Plans including onrontfsurifordisaositiaee drainage on or offyim. 3) _A site plan, drawn at a cede of 1 inch equals 20 toot or larger showing the existing and Proposed lay- out of buildings and other structures including decks, patio0. canopies, fences, and walls, The site Plan shall show the locations of landscaped lieu, service aress, area, Pedes- trian walks, d sways, and off -stmet Parking and load- lag lieu. The site Plan shall indicate the locations of ingress and egress and the directions of traffic flow into end out of as well ss within parking and loading mess, the location Of each parking apace and loadina berth, and .teas far turning and maneuvering vehicles. Landscaping and nirna of off-street parking and loading areas shall be shown. The site plan shall show locations of utilities backups and' any abov Pound utility lines of that instaHetiom. 1) A PrsHminery landscapeplandrawnatassaleof1 Inch equals 20 test a 1 larger - required by the landscaping ordinance. The landscape plan shad show locations of existing trees or groups of {seer having trunks with diameter* 4 iaeh- or n 1 toot above natural grade that one proposed to be re- moved. Shrubs and other native plants proposed to be removed shall be generally Indicated. The landscape plan shall show Lots* and ether vatiw plants pro pased to 'be retat.td, the loeatien aid design of proposed Land. seeped steam, the varletiu and approximate sizes of plant materials to be planted therm. and the Location and design of ' swimming pool arses, patina, play aseas, rscrea- tion facilities, and other useable open space. The Imehic pe plan shall in- clude sufficient detail to provide a reliable bad. for estimating the amount of a performance bond guamn- tsamg installation andmaintenanceoftheim- provements, 5) Preliminary architectural plate drawn at a scale of 116 inch equals 1 toot or larger including floor plans in sufficient detail to permit determination of whether all requirement of this ordinance based on near area will be met. Architectural plans shall melude all elevations of proposed structures or they Will appear on completion, and one or m e Per- apective sketch" or a scale model a neeessuy to illustrate the Overall ap- pearance of the buildings, grounds, and other major site development features. All exterior surfacing materials and colors shall be specified, and samples of each, complete with proposed finishes, shall be submitted. 6) Scale drawings, plans, ren- derings, photograph&, or other information required by the sign ordinance, Ordinance No, 9, Series of 1973, showing , In detail design, materials, and colors, and specifying the method of illumination. Locations of proposed- gig.. shall be indicated by a numbering - system or other clearly compre- hensible system of refer - to the site plan prescribed in (3) above or the architectural plans pra- scribed In (5) above. Upon r quad of the Zoning Administrator, as Ales of Sign materials shall be submitted. The Design Review Board may require the submission of additional piano, drawings, specifications, sam- ples,. and other material if deemed necessary to determine whether a project -will comply with the purposes prescribed in Section 15,100 and the design guidelines prescribed in Section 15.600. Bretton 15.500 Design Review Board Action. The Zoning Administrator shall check all material which sham be submitted for dedan .view for compliance with Section 15.400. It found to be adequate, the material shill be submitted to the Design Review Board at Its next meeting. The Design Review Board shall review the Material and sham approve. disapprove• or request changes In the design of the project within 15 days of the data of Its meeting at which the material is received. However, it the Board determines that advice or assistance of professional consultants is needed, an additional 45 days shall be allowed for action by the Board to allow time for retaining professional resultant. Lad submitting plane to them. Failure of the Road to act within the prescribed deadline sham be deemed approval of the design of the project unless the applicant Contents to a time extension. It changes in the design of the Project are requested, the Board shall PProve, disapprove or request further Changes within 20 days of the meeting at which the Board receives the changes.. rIfthedesignofthe project is found to comply with the purposes prescribed I. Section 15.100 and the design guidelines Proscribed in Section 15.600, the Design Review Beard shall approve the design of the project. If It Is found to conflict with the Purposes or the design guidelines„ the Board shall disapprove or request changes In the design of the project. Any disapproval or request for changes shall be In writing and oh&H specifically describe the purpose statement or design guidelines with which the design of the project do" not comply and the manner of noncompliance. Section 15.600 Design Guidelines. Actions of the Design Review Board shall be guided by the purposes Prescribed In Section 15.100, by piano officially approved by the Town to guide development In the area within which the project is located, by the design guidelines prescribed In this Section, by other applicable Provisions of this ordi- nance, and by other applicable ordinances. If a development project la to be built in phases, each phase shall be subject to the design guidelin" prescribed to this section. 1) Building location, configu- ration, architectural design, materiels•. and colon should be harmonious with the majestic mountain .et- ting and the Alpine village scale of the Town. 121 Sttueturce should not visa. ally dominate the town -. escape or cam undue attea- tion to themselves ..leis they us of *eivic Impor -- Lance and occupy - focal sit". 3) Structures or portions of structure, exceeding theheightLimitsprescribedIn this ornirtan,e, as permit. led La SacNen 17.206, August 17, 1973 should be Limited to chimneys, clock towers, ski lifts, church steeples, and similar harmonious archi- tectural forms. Rooftop beating and air condition= Ing equipment, lugs vent stacks, elevator pent- houses, and similar features should be avoided and, If Permitted. should be screened from view. 4) Roots should have a pitch of at least 4 feet in 12 sad should be covered with materiels that an hamont- am with their surround- loss. Flat Moto sham be permitted only m special situstlona, and then should be covered with harmoni- ous materials. Mansard roofs generally should be avoided, 5) Deep eaves, overhangs. canopies, and other build- Ing featues that provide shelter from the elements in winter and provide shade m summer should be encouraged. 6) Building materials should be predominately natural, such Is and siding, shingles, and native atone. Brick is acceptable. Con- Orate block generally is acceptable only if specially designed and colored. When stucco Is used, gross texture. and surface (sa- tune that appear to imitate other materials should be avoided. Commit surfaces should be used sparinaly, and should be handled with delicacy and restraint. Aggregate generally is mom acceptable than raw con - crete, but use of integral patterns and colors can make - concrete surfaces huMOnta.. 7) Fenestration should be suitable for the climate and for the orientation of the particular building eleva- tion in which the fenestra- tion occurs. Uae of shutters add sunbreaks should be encouraged whom appro- priate, 8) Design of accessory atrve- Luns, fences, walls, and Cher structural landscape features should be harmo- nlous with the main structure or structures on the site. The sate or other harmonious building materials should be used on main structures and accessory structural. 9) Natural oohs (earth tones) gray. d white should be favored. Primary colon or other bright colon should be used -only sae Laterite and thin spar ninglyandmainlyin non, residential area. Use of peotratmg stake rather than paint on wood star, faces should be en- couraged. Exposed metal flashing or Ulm should be an artized or painted so as to be non- reflective, 10) Commercial development generally should be rela- Lively til htrknit and some- what intimate in .c.le. Large at readily visible parking Iota exposed to streets and main pedes- trim-wayt should be avoided. 11) Residential, multiple dwa]- ling, and lofts develop - Mont outside central areas the Village and Lions head) should have a looser, lower density character, Open spaces should be left In their natural date or landscaped, and large paved areas should not be permitted. 12) Removal of trees, sh—ba, and non - hazardous native plant 'materials generally should be limited to removal of those essential for development of the Bite. 13) On hillsides excessive grad- ing should not be permit- ted for building sites. access delves, off -street parking, pool sites, mere- ation areas, or other improvements. 14) Cut and fill slopes should be sculptural in form and contoured to blend with the natural, undisturbed terain. 15) All grading and excavation cant should be planted with natural materials or others that will harmotdze with the natural landscape. 16) Landscaping should bedesignedtohermoNu with natural landforms and native trees and other plant materials, except in core- mereW - area where the man -made look may be more suitable. In general, lawn. geometric plantings, evenly spaced rows of tees, and that formal, ban landscape features should be avoided. 17) Particular attention should be given the lmdoespe 6.4m of off.street parking law to eoften their harms, barren appearance. Can, as seen from grade and from higher elevation, should be screened as much a Possible by tress, shrubs, hedpa, fences, --ad. and dmllar landeceps fea- tures Plans materiels used far . screening generally should be evergreens. 18) in residential area, locs- tion and configuration of buildings should maximize the privacy of surrounding dwellings and should in- trude into their views to the minimum extent feasi- hle. 19) In residential area, actor sory buildings generally should be attached to the main building either direct• ly or by means of a continuous fines, wall , or semen at least 6 feet high of the tame or a comply mentary, material as the main building's exterior finish. 20) Serve.. area, outdoor storage, drying Yards, gsr- base eras, and trash storage area should be screened from adjacent , properties, streets, and other public araa by fences, planting, or other suitable meant. 21) Storage areas for boats, trailers, campers, and off - read vehicles shall either be completely enclasad or screened from adjacent properties, stmeta. and other public auras by fences, planting, and Other suitable means. Section 15.700 Design Review Fee The Town Council shall set a design review fee schedule sufficient to cover the cod of Town staff time, consultant's fees, and incidental expenses. Applicants for design review may be required to deposit with the Town a sum sufficient to cover the cods of design review which shall be deducted, and the balance returned to the aPPHcant following completion of the design review procedure. Section 15.800. Appeal to Town Council. A decision of the Design Review Board may be appealed to the Council by the applicant or any aggrieved person or at the request of the Town Manager at any time before the decision becomes final. Within seven days following action of the Design Review Board, its decision to approve, disapprove, or request hang- m the project design sham be transmitted to the applicant and Posted in conspicuous manner at the Town office. The decided •hail become final if no written appeal is made to the Town Council by any aggrieved Person within 20 days following the decision of the Design Review Board. Not mom than 20 days fallowing the filing of an appeal, the Town Council sham review the action of the Design Review Board, The Town Council shall, In writing, confirm, modify OrreversethedecisionoftheDesign Review Board within 20 days following the commencement of review. If it deems insufficient Information is available to provide the basis tar a sound decision, the Town Council may postpone final action for not more than 30 additional days. Failure of the Council to or Within 30 days shall be deemed approval by the Council of the design at the project unit. the applicant contents to a time extension. Any decision by the Town Council ' which results m•disappmvsl of the project design sham specifically describe the purpose or design guidelines with which the project does not comply and the manner of noncompliance. Section 15.900., Lapse of Deal= Review Approval. APProval of the design[ of a Project as prescribed by this article shall lapse and shall became void one year following the date of final approval of the, project a pregeribe4 by Article 16 or by Aricie 15, whichever is Later, unless prior to the expiration of out year a building Permit is issued and construction is commenced and diligently Pursued toward completion_ ARTICLE 16 ENVIRQNMENTAL IMPACT REPORTS Section 16.100 Purposes Submission and review of an Environmental Impact Report on antprivatedevelopmentproposalOr 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 following objectives: f) To ensure that complete Information on the m. viroamental effect. of the Proposed Projaet Is avail- able to the Town Council, the Planning COmmWioa md'the general public. 2) To ensue that long term Protection of the environ. meat is a guiding criterion in project planning, and that land we and develop- ment decleione, both Public and Private, take into account the relative merits of possible aIts - tive actions. 3) To provide procedure. for Intel review and evaluation of the anv[mnmentsi ef- fects Of vroposed projects prior to granting of permits or other authorization for commencement of development. action 116.200. Applicable Projeew. An Environmental Impact Report haH be submitted to the Zoning Administrator for my project far which Web a raper is "quit" by t.d..d at state law, or to, my Project which the Zoning Admlpfa- t-lor daterntlaas may danlficands, cbanp the 4nvinnmem, silliest'- The Vail Trail 51 during construction or on a con - tmufng bads, m one or more of the following respects: 1) Alter an eaalogfeal unit or Land form, such as a ridseline, .addle, draw, ravine, hillside, cliff• slope, creek, marts, watercourse, or other natural land form feature. 2) Directly or indirectly af- fects a wildlife habitat, feeding, or patting ground. 3) Alton or removes native Pastas, trees, shrubs, or other vegetative cover. 4) Affects the appearance or character of a significant eenic area or resource, of involves buildings or other structures that sme of a size, bulk, or scale that would be in marked contrast to natural Or existing urban features. 5) Potentially results in ava- lanche, landslide, siltation, settlement, flood, or other land torn change or hazard to health and safety. 6) Discharages toxic or that- really abnormal substances, or involves use of herb[- aid" or pesticides, or emits - smoke, gar, steam, duet, or other pmuculatermstter. 7) Involves any process which results in odor that may be. objectionable Or damaging. 8) Requires any waste treat, Mont, cooling, or settle- ..' want pond„ or requires transportation of solid or liquid wastes to a treat- ment or disposal site. 9) Discharges significant vol-. , units of solid or liquid wastes. 10) Has the potential to strain the capacity of existing at planned sawaga dlapesd storm drainage, or other utility system. 11) Involves any process which general" doles that may be Offensive or damaging. 12) Either displaces significant numbers of people or suits In a significant increase In population. 13) Pre-empts a site with :- potential reereatiopat of open space value. 14) Alien local traffic patterns or causes a significant increase W traffic volume or transit service need. 15) Y s par of a Larger project. which, at my future stage, may involve any of the impacts listed above. ' Section 16.300. Exempt Project. An EaVimnarentaf Impact AepO" AAle shell not be 4equired for the following projects: 1) Alteration, repair - and v cssintmahe* of existing :. ..._ structures and site im- provements. 2) A phase of a project for which an Environmental Impact Report wax Dre- rF ,-?... . viousiy submitted and . viewed covering the entire -r - Project, provided that the ' Project was approved and not subsequently alters& 'T 3) A project which, an thy: -''. . bads of prelimtdairs, environmental assessment '.- covering each of the factor prescribed In 's Section 16.200, i found to .. have an insignificant lm- - Pact on the environment Yt.. The preliminary envison mental asteemsmt and the ; fiedlng on environmental impact shall be made by . the Zoning Admmistraterf, Section 16.400 [reparation, Form, Content, Time Schedule, and Fee 16.401. Studies and Dats, The Envitonmental Impact Report shall be'. based on systematic dudies conducted by the Town staff or by , professional consultants, W dates. _,- reload by the Zoning Administrator, - The Environmental Impact Report on a public project may be pte amd by the responsible public agency or - by profession" consultants it en. _ gage. The range of studies needed to develop the technical data for amp - Environmental Impact Report fu- clud" the following natural Aystems . and other studies: 1) HydrologLe conditions;''': such as surface drainage sad watershed character- istics, ground water and - soil permeability chatactet- istles, natural water fea...- tuns and characteristics, - and any potential changes or impacts. 2) Atomospherie conditions,. web at ajrhed characteo- . Latins, potential emisdan„ and my potedtlsl changes or impacts. S) Geologic conditions, suck as land forms, slope, soQ characteristics, potential hazard., tad any potential changes or Impact. 4) Biotic conditions, meh as vegetative chasaeteridks, wildlife habitats, and my Potential change. or im- pact.. 5) Other enviroome4tal coo- ditione, such —noise levels and odor characteristics, Led say potential cheap& or impact. 6) Visual conditions, Web as view. and admit, alue,, and my Potential changes, impacts, or marked coo - trasts. 7) Land use conditions, web as characteristics of sup„ Continued — Page 52 t 52 Th. a Trail Zoning Ordinance From — Page 51 compatibility with ofmclal• oy approved land use And in space Policies and ohleclive&, and potential berms or impacts, 8) Circulation and transpoeu- tlo . conditions, such Re volumes and traffic flow patterns, traadl earetCe need., Alternative transit systems and potential change. or impacts. 9) Population characteristic. Such as maidcnti.l dens[ - tie., neighborhood Pat- time, potential dispiwo- ment of residents or businesses, and potential changes or impacts. The E.lZonmentall Impact Report shall summarize the findings and recommendations of the technical Add other supporinn{ studio. in terms that vas be ea sa rid and evaluated by Town olficiale and She general public. Technical data shall be submitted m supporting documentation. Technical data prepared As a part of any other procedure or requirement of this ordinance, or of any otherordinance or federal, state, or TownrvNlation, Alan may be need to support An Environental Impact Report. 16.402.9 Report Contents, The Environmental Impact Report shall contain Information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce ar negate any harmful impacts, The Envilowsumml Impact Report shell include a general statement, 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, ¢taps, and plants shall be submitted showing the followinginformation: 1) Project boundaries, and boundaries of the area within witch environmen. tal Impact is likely to be significant. 2) Present and Proposed uses ofthe site, 3) Preeent and proposed o Ang of the else. 4) Quantitative information relative to the project, such m site aces, numbers of residential units, proposed height and bulk of build - ings, building floor area in square feet, andsuch other data ale will contribute to a clear understsndhg of the scale of the Project, 5) A Has of regulatory or review agencies and the ePacific re/ulatina to which the Project will be subject. 6) Capin of subdivision maps. development plans, or other pertinent docu- ments illustrating the pro- posed project. The Environmental Impact Report shell include an ariviremiseeteral Inventory, providing 4omplete lnfor- Mallon on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewer of factors that could be. affected by the proposed pmjeet. The environmental inventory shall include maps, Photographs, or athn appropriate Wustrative material. Aram categorized according to type 01 possible impact shall be identified. i, The environmental inventory shall describe both 'the physical and biological natural setting, and the Man -made setting of the site and its surroundings. The Eaviretvaental Impact Report shall include comprehensive, Qualitative and quantitative analysis of any significant impact that the Proposed Project will heve on the metronmant, The analysis shall i _ describe temporary effect. that win Prevail during construction, end long term effect. that will pmvall after completion, the analysts shall de- scribe both beneficial effects and detrimental effects. The analysis sham cmalder primary effect. and second, ary effects which will result from the project. The analysis poHion of the Environmental Impact. Report sham fumy awwas the following items: 1) Adverse effects which caw not be avoided if the Proposal is implemented. 2) Mitigation measures Pro- posed to minimize the imperil. 3y Possible Alternatives to the Proposed action. 4) Relationship,' between short term and long term uses of the environment, 5) Irreversible environmental changes resulting from implementation of the proposal. 6) Growth inducing ).pact. of the Project. 16.403, Additional Materials. The Zoning Administrator may further Pesscribp the form and content of an Environmental Impact Report, set• ting teeth in greater detail the factors to be conaidered and the manner in which the report shall be prepared, and may require submission of information in addition to that required 4y Section 16.402. 16.404. Time Schedule. Any En- vlromnental Impact Report required under this Article shall be prepared within 30 days of the data that plans n submJtmd for design view as Prescribed in S.ctjon 15.400, subject r, -..riff- "..s-c_ to extension of the time period to a maximum of 90 days by the Town Council. The Time period may be extended to a maximum of 180 days if Removal conditions prevent a comprehensive analysis. 16.405. Fee. In the event that the Town engages professional con - witants to Prepare an Epvironneenta) impact Report, the cost shelf be paid by the sponsor of the project. The sponsor may be required todeposit a tired sum in advance to e , the cost of the report. with the unexpended balance ret.—lit. tqthesponsor. Section 16.500. Review. 16.601 -5 tathreission, Th. Environ- mental Impact Repoli shall he submitted to the Zoning AdML w trator. The Zoning Administrator shall prescribe the number of cople, to be submitted, The ZoningAdminiaratorshallnotifytheTownCouncil, the Planning Commission, and the Deslan Review Board, of receipt of an Environmental Impact Report, and shall transmit copies of the port upon request. Rnvimn- mental Impact Reports shall be available for public review in the offices of the Town.. 16.602, Review, The Town Council shall review the report within 30 days of submission subject to an extension of the time period 30 additianej days In ardor to obtain additional Information from the Town ataff, from the sponsor of the project, o the author of any portion of the report. The Council may receive additional statements or supporting materials from the sponsor of a project, from the Town staff, from professional consultants, or tram others. Such additional materials may be con- sidered As supplemartary or amenda- tory to the Environmental Impact Report . 16.503. Action by Town Council. Following review of the Environs mental Impact Report, the Town Council shall approve, disapprove or request changes in the protect in writing. The Town Council shall approve the project useless It finds that either (A) the project will have sign ieant long -term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed In Section 16.401 or (b) the project will have fort -term adverse effects on the environment so detrimental that Public health, safety or welfare considerations preclude approval of the project. In the case o! either (a) or (b) if changes in the project ere feasible which ameliorate or avoid the Adverse effects an the e ivuo.- ment sufficiently to permit approval of the project, the Town Councm, in suiting, shall describe those changes and request those client a be made. If the Town Council determines that such changes are not feasible, it shall disapprove the Project in witting describing the adver, effects un the environment, the significanceof such effects either to the natural systems m other factors studied Air prescribed in Seetio. 16.401 or to the Public health, safety Or welfare and the Town Council's reasons for conelud- ins that no changes in the project we feasible to ameliorate or avoid these effects. ' If the Town Council requests any changes in the project which would Alt" the design of the project previously approved by the Resign Review Board, and the apooser cif the Project makes those changes, the wised design shall be resubmitted to the Design Review Beard for its approval unless the Town Council waives this requirement. 16.504. Permit Issuance. Upon approval of the project, applica6 }e permits may be issued and the project may Proceed, subject to such additional requirements, permits, as authorizations As may he required by this ordinance and by other applicable ordiamem of regulations of the Town. No permits shall be Leaned Rod no authorization. shall be granted which would allow a project to proceed in the event the Town Council don not grant approval of the Environmental Impact Report after review. No permits sham be issued and no authort..U. a shall be granted for any project width does not conform substantially to the description of the project contained in the Environmental Impact Report. This .section shall not apply to a project for which sn Environmental Impact Report L not required. As prescribed In Section 18.300. ARTICLE 17 SUPPLEMENTAL REGULATIONS The provisions of this Articleshall be effective In all districts, or where specified, in particular districts, and shall be in addition to the regulations prescribed foreach district. Section 17 -100. Fences, Hedges, Walls. And Screening. AO accessory was end structures except fence., hedges, w&Os, and landscaping, or around level site development such as walks, drive- ways, and terraces, shall be located within the 1ecutj d Minimum re- quired xttback lines o n each site, Recreational amenities may be empted by the Design Review Board it they determine that their mestmn is riot detriment.] environ- mentally andjnr aesthetically. To minimize traffic hazards at street mtersectiana by imp —mg: idbihty for drivers of converging vehicles in any district whet- s- tback, are required, no fence or structure over 3 feet in height shall be permitted within the triangular portion of a comer lot measured from the point of mterstctlan of the lot Line, abutting the street. a distance of 30 feet along each such lot line. Fence., hedges, walls, and Lind. August - , 1973 leaping ecmens, when not restricted by —1 --ant or other legal msfru• meet, shall net exceed 3 feet in height within any required front setback area and shall not exceed 6 feet an height on any other portion of site, provided that higher fences, hedges, walls, or landscaping screens may be authorized by the Zoning Administrator where necessary to acreen public utility equipment. No barbed wire or electrically charged fees &bell be erected or maintained. Seetip* 17,200 Permitted Exceptions to Development Standards The following exceptions Shall he permitted to the development stan- dard, prescribed for each dlslsiet. 17.201. Architectural Pro) -etiana erehlteetural pro)retions including aw ., roof overhangs, awtungs, Louvers. and . emher shading features; Attu, bats courses, 'weiess, andint"ar features: and flu, andeh]mnegr may project not more than 1 fast taro a reautreds aetbeck atca oritoarequireddttepeebetwesoborye 17,202. porches, Steps, and Decks. Porches, steps, docks ar termets, or similar features located at ground level or within 5 feet of ground level may project not more than 10 feet nor more than one hall the minimum required dimension into a required setback area- or may project not more than 5 feet nor more than one fourth the minimum required dimen- sion lot. arequired distance between buildmaa. 17,203. Balconies, Decks, and Stair, ways Above Ground. Balconies, decks, terraces, and other rimilu unroofed features projecting from a structure at a height of more than 5 feet above ground level may project not mom than 5 feet nor more than one half the minimum required dimension, into a required setback ama; may Project eatmare than 5 feet nor more then one fourth the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. 17.204. Fire Escaper. Fire escapes or exterior emergency exit stairways may project into any required satback area or distance between buildings not more than 4 feet. 17.205. Bay Windows. Bay windows end similar features extending the Interior enclosed space of a structure may Project not more than 3 feet into a required setback ama or a required distance between buDdinsa, Provided that the total of all inch Projection does not ernAed more than one tenth the area of the wall aortae& from which it projects or e tends. 17.206. Architectural Projections above Height Limit. Towers, spires, poles, chimneys, flagpoles, Rod similar architectural' features not useable u habltablr floor aria may. tend above the height limit adistanceOfnotmorethan25per cent of -the height limit nor more than 16 feet, 17.207. Exception& to Height Limit. Structures or portion, of structures with &loping roofs May exceedthe height limit in accord with the schedule herein. Any exception authorized by this section shell not constitute a change of height limit but shall Authorize a building height exceeding the prescribed height limit only for that portion of a structure atowhichthisaction applies. This section shall apply to gable, hip, or abed roofs but .hall not apply to mansard roofs or to any roofstructurewhichdoe, not extend toA Peek At is slope of 4 feet vertical to12feethorizontalorgreater. Schedule of Exceptions to Height Limit VerticalRisePer ' Permitted 12 Feet Additional Horizontal Height 4feet i foot 5 feat 2 feet - 6 feet 3 feet 7 feet . - 4 feel 8 feet 5 feet 9 feet - 6 feet •' 10 fact - 7 feet 11 feet S feet12feet9feet 13 feet or greater 10 feet maximum 17.208. Application and interprets - tio. of Height Limit.. Whore e building is designed to have the pPearance of .ep..te, Identifiable structures joined only by lower Persians of the a structure, or adjoining for less than 25per cent of the perimeter of the portion of the structure to another portio. of. the structure, each separate or identifi• able portion may be considered a generate structure for the purpose of determining height limits. Determina- tion of portions of a structure having the apPearmee of separate, id.ntifia- ble L- --t-res si all be made by the Zoning Administrator. 17.209. Application and Interpreta. tion of Lot Lines. where & lot or sitedoesnothavefrontageonastreet, or whereanaccess is by means at ant - or -thee right over adjoining properties, by means of an extension of a portion of the site, or by means Ofa private driveway, road, or street, the Iint where principal as to the lot is auamed shall.be deemed the front lot line, and setback areas shall be determined therefrom. A portion of aipt or its less than 20 feet in width providingeta. from a street to the prnncipal Portion of the site stall not be used In calculating permitted grog. re 1den- tial floor area on the site. Section 17,300 Home Occupations 17.301. Permit Requbed, The con- duct of • home occupation, wheals Permitted as an accesawy use by the Pravisiom of this .rd to, shall be subject to iwumce of a home occupation permit by the ZoningAdministrator. Application shall be made on [arm Prescribed by the Zoning Administrator, and hall be accompanied by statement fully,_ describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients Or students, and other features at the home occupa- tion. The application shall describe in depol the manner in which the home occupation will conform with the requirements of thissection. 17.302. Permit Issuance and Finfl- inga Attest review of the applicatioq. the Zoning Adminldrgbr may Inner a home occupation permit it-he finds that the proposed use will conform with the nQUirowerists of this nonce- The permit may be subject to such conditions m the Zoning Admmt.tretOr deems sisman y to ranter operation of the home rupalioa in arrotd with the requ'emants of thus action and compatibly with other uses In Wevicinity, The Zoning AdmtaktretorshalldenytheapplicationIthefind, that the Droposed use will atconformwiththeprovia"" of thisSection, or would be inittri.es ordetrimentaltootherpropertiestothe vicinity. 17.303. Time Limit and Renewal. Home occupation permits, when issued, shall be for a limited time Period not exceeding two yeArs. Permits shall be renewable upon application, subject to such regula- tions as shall be in effect at the time of application far renewal. The Zoning Administrator shall make the same findings with respect to m application for renewal as for the original issuance of a home occupe. 1mr, permit, 17.304. Requirements for Home Occupation. Where permitted, home occupations shall be subject to the following Bmitstionst 1) The use shall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof, esEmploye other than inhabitants of the dwelling, shall not exceed one person at any time. 2) The use shall be dearly iticidiorutal and secondary to the use of the dwelling tar dwelh'ng purposes and hall at change the mtidential . character them of. 43) The total floor area used for the home occupation shall not exceed one fourth of the gross residential floor Area of the dwelling, nor exceed 500 quare feet, 4). There shall be no adverti.- inx, display, or other indication of the home occupation on the pre- masm 5) selling stocks, supplies, or products an the premises shall not be permitted, Provided that incidental - retail sales may be made in connection with other per, mitted home aceupations- 6) There shall pe no exterior storage on the premises of material used in the hare. occupation. 7) These shall be o noise, vib"Lion, smoke, dun, odor, "heat," or glare noticeable at w beyond the property Line, As a Wit of the ham- occupe- Lion, e) A home oceupttio. shall not generate significant vehlcular traffic in e ... As of that typically generated by residential dwellings. No Puking or storage of commercial vehicles sham be permitted on the site, 17.305. Interpretation, Far purposes of this Section,- provided that an requirements prescribed herein are met, the following by way of example shall beesereasidered home occupations: 1) Antivitles conducted prin• eipally by telephone w mail order. 2) Studios and activitfn pro ducing Light handcrafts or abieeta or Art. 3) Teaching, and tutoring instruction limited to two pupils at is time, 4) Dri:a makinis of aPpaml atteratious. A home occupation shall not include: a clinic, funeral home, nursing home, tea mom, restaurant, antique shop, veterinarin'. office, or any similar use. 17.308. Revocation or Discovtinu- avice. A home occupation permit may be revoked by the Zoning Adminiv triter it he determines that the provisions of this section or the limitations Prescribed as a condition ofthe permit are beingviolated. A home occupation permit sham become void if not ..ad within 2 months of issuance, or if the use for which, it was issued is discontinued for a continuous Period of 6 months. 17.307. Appeal. Appeal of any action Of the Zltimg Administrator in connection with issuance or denial of e home -Potion Permit or the condition attached there to may befiledwiththeTownCouncilbyany resident or property owner within 30 days foilowmg g.eh action. in -dt of appeal the Council, after receiving rePort from the Zoning AdminiA- tmlor, may eonhrm, reverse, or modify the action of the ZoningAdministrator. A hearing shall not be required. Failure of the Council to Act within 30 days of the filingof An appeal sham be deemed na crane. In the action of the Zoning Administrator. Section 17.400 Regulations Applies, bit to Particular Uses The following egulations shall be applicable to the urea listed herein I. any zone In which the we is a permitted use or a conditional use. 17,401. Gasoline Service Stations, In districts where gasoline service stations are permitted, they shall be subject to the following require- ments: 1) All fuel storage tanks shall be completely buried be- neath the surface of the ground. 2) All gasoline pumps, lubri- cation or smaller devices, and other serviee facilities sham be located at least 20 feet from any street right of way Is". 3) All servicing of whinkst except oak of gas and oil and seNlees customarily Provided in coareacltoa therewith, &hall be easy ducted completely whhm A str.rture, 4) All aorue of /odds SAN . be completely wLLhin atiurlure. Section 17,640. Sig. RaguatieaL All signs shall be regulated m acece dwiththeprovisionsofordioane. No. 9 (Series o[ 1973). The Tow* Council mar by ordinance providefortheadministrattanandenfwcsF meet of the prOWAlo.. of OWLisseee No. 9 (Series of 1973) by the ZoningAdmitustratororotheradministrative Official, and may provide for reviewdapprovalproceduresDursuantto Ordinance No. 9 (Series of 19.73) bytheDesignReviewBoardestablishedbythisOrdinance. ARTICLE 16 CONDITIONAL USE PERMITS Section 18.100 Purposes and Ltmita• lionsInorder to provide the flexibilitynecessarytoachievetheobjectivesof this ordinance, specified was art Permitted in certain districts subject to the granting of a Conditional Uge Permit. Because of their un r al or special characteristics, conditional uses require review and evaluation so that they may be located properlywithrespecttothepurposesofthis ordinance and with respect to their effects on surrounding properties. The review process prescribed herein is intended to aseuxe compatibility and harmonious development b, tween conditional uses, and sun rounding Properties, and the Town at large, Uses listed m conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location Rod operation of such ...ditiemal uses will be in accord with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions a oi be d. acNSedto ,hieve thecaobjpectives, applications for enroll. tional Use Permits shall be denied. Section 18.200 Application and Required Information Application for a Condltional Use Permit shall be made upon a form provided by the Zoning Administra- tor. The application shall be supported by docudents, maps, plans, Rod other materiel containing - the following information. ' 1) Name and addran 1 the Owner endlar applicant Rod a statement that the appllcant, if . not the ' owner, has the permission of the owner to make application and act As Agent for the owner. 2) Legal description, street ' dd-., and other kl.ntF fyinx data concerning the ' - site- 3) A description of the Precise nature of the' "YpmpomduseanditsY'a'l Operating eb- acteristRw, -y4andmeasuresproposedto - - make the use compatible with other properties the vicinity. t4) A site Plan showing prom!.r,..zPoseddevelopmentofthe site, [.cludina topography, building locations, parking. - traffic circulation, notable Pan space. landscaped area. and utilities . and drainage features. 5) Preliminary building plane and elevations sufficient to indicate the dimensions, general aPPemance, scale, and interior plan of an beoldinm. - 6) Such additional materials the Zoniax Administrator May Prercribe or the applicant may submit per Onent to the application and to the findings prereq- aite to the issuance of a Conditional Use Permit ale prescribed in section 16.500. Section 18.300 Conditional Use Permit Fee' The Town Council shall set a Conditions] Use Permit fee schedule sufficient to cover the cost of Town staff time and other exPenns ucidental to the review of the aPPll[asion. 'rho fee shall be paid at the time of application, and shall not be refundable. Section 18,40011eanng Upon receipt 61 a Conditional Use Permit application, the PlanningCnmmiasion .hall set a date for hearing in accord. with Section 21.400. Nouee shall be given, and the hearing shall be conducted in accord with Section 21,400, Section 18.5007 Action by planning - Commission. - Within 30 days of the application forapublichewingon 'a Conditional Use Permit, the Planning Commission shall act O. the application- The 0 0 0 C I Council. Within T days following action of the Planning Commission, the PlanningCommissiondecisionshallbetrans- mltted to the applicant and to the Town Council. At its next regularly scheduled in"U na following receipt of the decision of the pl Pntrtg Commission, the Town Council shat review the action of the Commission, and may confirm, modify, or reverse its decision. It it deems insufficient information to available to provide the b gala for a sound decision, the Council may postpone final action for eat more than 20 day., and the Council may, at its option, conduct an additional hearing in accord with the provisions of Section 21.400. Future of the Council to act prior to the postponement date it sets shall ha deemed approval of the action by the Commission, unless the applicant consents to a time extansion. The Town Cauncil.hall act ]n accord with the same criteria, and shall make thdi acme findings as prescribed in Section 18.600 before granting a Conditional Use Pee -I4 The action of the Councn shall become final immediately. Section 16.800 Permit Issuance and commission may approve the appla- Cotlon as submitted or may aPProve lba application subject W SuchtmodiseattomorconditionsaItns deems peeeaary to accomplish thepurposesofthisordinance, or the Commtssian may deny the "Plica• Lion. A Conditional Use Permit may he cable, may bt granted tog alimitedtimeperiod, or may lee granted subject to such other the conditions as the Commission mayprescribe- conditions may hulude but dull not be limited to requiring special. aetbaeks, open spaces, fences or walla, landscaping or screening, and street dedication and improve• moot; regulatims of vehicular access and Parking. Sims, illumination, and down and methods of operation; control of potential nuisances'. pnetriptiaa of standards far main - tenanta of buildings and grounds; and prescription of development schedules. , A Conditional Use Permit shall not variance*. variance y be woAdered eoncur- reatly with it Conditional Use Permit applj,uaan an the "me site, Variancw shall be granted In Record the procedure prescribed inwithAvuels1softhisordinance, section 18.600 Chteda and FlndlnillL Before acting on a Conditional Usepsrmltapplication, the Planning Commission -has eonmide2 the folowhrg factors with ".Pact to the Proposed use' - 1j Revtheusea lolimm chd"em of the Town. 2y Effect the on light and air. r, distributionribribvtion of population, transportation twilijuse, utilities, schools, part said recreation fac1R- ties, and other public faeiliues and Public facili• Ilea nesda. - 3) Effect upon traffic, with particular reference to coa- gestion, automotive and edestrian safety and con- voidance, traffic flow and control, access, maneuvar ability, and ointoval of anus from the streets and parking areas. 4) Effees open the character of the sae. in which the proposed use is to be located, including the stele and bulk of the proposed use in relation to surround - big usra. 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 En- vironmentel Impact Report la required by Article I6 of ' this ordinance. The Planning Commission shall make the following findingsbefore granting a Conditional Use Permit 1) That the proposed location of the use It in accord with the purposes of this ordi- nonce and the purposes of the district in hieh the site islocated. 2)' That theproposed location of the use and the- under which itconditions Ld be operated or maintained will not be detrimental to the public health, safety, or welfare, . or materially, Injurious to properties or Improve- r manta in the vicinity. 3) That the proposed use .Jilt a comply with each of the applicable provisions of thisOrdinance. Section 18.700. Action by Town Council. Within T days following action of the Planning Commission, the PlanningCommissiondecisionshallbetrans- mltted to the applicant and to the Town Council. At its next regularly scheduled in"U na following receipt of the decision of the pl Pntrtg Commission, the Town Council shat review the action of the Commission, and may confirm, modify, or reverse its decision. It it deems insufficient information to available to provide the b gala for a sound decision, the Council may postpone final action for eat more than 20 day., and the Council may, at its option, conduct an additional hearing in accord with the provisions of Section 21.400. Future of the Council to act prior to the postponement date it sets shall ha deemed approval of the action by the Commission, unless the applicant consents to a time extansion. The Town Cauncil.hall act ]n accord with the same criteria, and shall make thdi acme findings as prescribed in Section 18.600 before granting a Conditional Use Pee -I4 The action of the Councn shall become final immediately. Section 16.800 Permit Issuance and more reetrictive provision sbell prevaR ARTICLE 19 VARIANCES - Section 19.100 Purposes and Limits - tionsIn order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this ordinance as would result from strict or Literal interpretation and enforcement, varh- ces from certain regulations may ba granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the Immediate vicinity; or from other physical Limitations, street locations, or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal comph• ante with a regulation shall not be a reason for granting a variance, Variances may be granted only with respect to the development standards prescribed far each district, including lot area and site dimensions. setbacks, distances between build - fags, height, density control, building bulk control, site Coverage, useable pen space, landscaping and site development, and parking and Loading requirements; or with respecttotheprovisionsofArticle14ofthis ordinance governing physical devel- opment as a rite. The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary /o avoid results Inconsistent with the objee- lives of this ordinance is provided by Article 18 (Conditional Use Permits) and by Section 21.600 (Amend - moat.). Section 19.200 Application and Required Information Application for a variance shall be made upon a form provided by the Zoning Administrator. The applica- tion shall be supported by docu- ments, [asps, plane, and other material containing the following Information: 1) Name and address of the owner and/or applicant and a statement that the aPpLiCant, if not the owner, has the Permlasion of the owner to make application and act as aunt for the owner, 2) Legal description, streetaddress, and other Wand - lying' data concerning the site 3) A statement of the predae nature of the variance requested, the- regulation involved, and the practical difficulty or unnecessary physical hardship inwnist- cut with the objectives of. this ordinance that would result firm strict or Literal interpretation sad mfoxee- ment of the spedfied regulation. 4) A sits plan showing all existing and proposed fat tares on the site, and on adjoining cites if necessary, pertinent to the variance requested, including site boundaries, required aetr backs, building locations and heights, topography and physical features, and similar dam. 6) Such additional material as the Zoning Administrator may prescribe or the applicant may submit Par tinent to the application and to the findings Prereq- uidte to the 4euance of a variance as prescribed In Section 19.800. Section 19.300 Variants Fee The Town Council shall at a variance fee schedule sufficient to cover this coat of Town staff time and other expenses incidental to the review of the application. The tae shall be paid It the time of app l"llon, and shall not be refundable. - - section 19.400 Hearing Upon reeeipt of a variance apples - tion, the Planniag Commission shall set a date for hearing la accord with Section 21.400. Notice shall be liven, and the hearing shall be conducted in mood with Section 21.400. Section 19.600 Action by Planning Commission Within 20 days of the closing of a public hearing on a vartuice application, the Planning Commission shall act on the application. The Commission may approve the appli- cation as submitted or may approve the application subject to such modifications or conditions a LL deems necessary to accomplish the purposes of this ordinance, or the Commission may deny the applica. tion. A verianee may be revocable, may be granted for ,'Limited Lima period, or may be granted subject to such other conditions a the Commission may prescribe. Section 19.900 Criteria and Findings Before acting on a variance applica- tion, the Planning Commission shall consider the following factors with respect to the -quertod variance: 1) The relattonshlp at the requested variance W athee existing or potential wai. and structures in the Ocialty. 2) The dogma to which relief tram the strict or Literal nterpntation and mforca- meat of a specified re/ufa- lion is necessary to aehiew compatibility and uni- formity of treatment among sites in the vicinity. or to attain the Objectives of this ordinance without grant of special privilege. August 17, 1973 3) The effect of the requested variance on light and air, distribution Of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4) Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning Commission shall make the following findings before granting a variance: 1) That the granting of the variance will not constitute a grant of special Privilege inconsistent with the Limi- tations on other propetiet classified in the some district. 2) That the panting of the variance will not be detri- mental to the public health, safety, or welfare, or materially injurious to properties Or improve- ments in the vicinity. 3) That the variance Is war ranted for one or more of the following reasons: a) The strict or liteal interpretation and a- forcement of the ape - titled regulation would result in witeti- Call difficulty or no- nC"Muy physical hardship inconsistent with the objectives of this urdinmce, b) These are exceptional or extraordinary dr- instances or wndi- dons applicable to the site of the v*Aaacer that do not apply generally to other p— pasties in the mine erne. e) The strict or literal interpretation and en- forcement of the spa- tilled regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the mina district. Section 19.700.. Action by Town Couadl. Within 7 day. following action ot'the Planning Commission, its decision shall be transmitted to the applicant and to the Town Council. At its part regularly scheduled meeting follow- ing receipt of the decision of the Planning Commission, the Town Council shall review the =lion of the Commission, and may confirm, modify, or reverse its decision. It it doers insufficient information in available to provide the basis far`. sound decision, the Council may postpone final action .for out man than 20 days, and the Council may, at its option, conduct an additional hearing in accord with the provisions of Section 21.400. Feature- of the Council to act prior to the postponement date it sets sbal be deemed approval of the action by the Commission- unless the applicant Consents to a time extension. The Town Council shall act in accord with the same criteria, and shall make the saine, findings as prescribed in Section 19,600 before granting a variance. The action of the Couadl shall become final immediately. Section 19.800 Permit issuance and Effect The Zoning Administrator shah issue a variants permit when action of the Town Connell becomes final, —blest to such conditions to may be prescribed by the Council, or by the Planning Commission if the Councilfailstoact. The permit shall lapse if Construction is pot wmmaneed within one year Of the date of issuance and diligently pursued to completion.. Section 19.900 Related Permits gad Requirements in addition to the Conditions which may be prescribed pursuant to this Article, my site or use subject to a variant. permit shall also he subject to all other procedures, pnmlta, and requirements of this and other applicable ordinances and re.altions of the Town. In event of any conflict between the provisions of a variance permit and other permit or rsgidr mant, the more restrictive provisions shall Prevail. ARTICLE 20 NON CONFORMING SITE, USES, STRUCTURES, AND SITE IMPROVEMENTS Section 20.100 Purposes This Article is Intended to limit the number and extent of noncon- forming was. and Structures by Probibiting or limiting their enlarge- ment. their te-estahlishnrent after abandonment, and their restoration after substantial destruction. While permitting non <onforming arms, structures, and lmprovemens to continue, this Article is intended to limit enlargement, alteration, restora- tion, or replacement which would increae the discrepancy between existing conditions and the develop- ment standards prescribed by this Ordinaries. Section 20,200 Continuance Noncontormina sites. uses, struc- tons, and site improvements $awfully established prior to the effective dots of this ordinance may Continue, sub)ect to the limitations prescribed in this Article. Sites, uses, structures, and alts Improvements lawfully authorized by Permit. or regulations existing prior to the effective ditto of this Ordinance may continue, subject to such hmitatiow as preo.Ab d by such permits or regulation Section 20,800 Non-Conforming 9fta;L alas lawfully established po sumt to regulations in effect prior .,to the effective date of this ordinance which do not conform to the minimum lot area and dimension requirements prescribed by this ordinaries for the district I. which they are situated y be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this ordi- nance. No such site shall be further reduced in area or dimms;osa. Section 20.400 Nonconforming UsesThe use of a site or structure lawfully established Prior W the effective state of this ordinance which does not conform to the use regulations prescribed by this, ordinance for the district in which it is situated may be continued, Provided that no such non - conforming tae shall be enlarged to Occupy a greater mite area or building floor area than it occupied on the effective date of this ordinance, Any subsequent reduction in site area or floor area occupied by a aonconlorming use shall be deemed a new limitation, and the use shall net thereafter be enlarged to occupy a greater site area w floor area than such new Limitation. Section 20.500 NonConformias Structures and Site improvements SLtottnazs and site improvementa lawfully established prior to the effeetive date of this ordinance which do not conform to the development standards Prescribed by this ordl- nance for the district In which they are situated may be continued. Such structures or site improvements may he enlarged only in accord with the following limitations: 1) Structures of site Improve- ments which do not conform to requirements for setbacks, distances be- tween buildings, height, building bulk control, at site Coverage, may be enlarged, orovided that the enlargement does not fur ther increase the discrep- ancy between the total structure and applicable building bulk control or rte coverage standards; and provided that the addition fully copforms With setbacks, distances between buildings, and height standards applicable to such addition. - 2) Structures which do not conform to density con - trots may be enlarged, only it the total gross residential floor gee of the enlarged structure doer act "..."d the total gross residential floor area of the pre-ex• Lating non- cantnrming structure. 3) Structures site improve mints which do not conform to requirements for useable open miles or Landscaping and site deval. opment may be enlarged, provided that the useable Rpm spree requirements Pplicable to such addition shall be fully satisfied, and provided that the pacapt- age f the total site which is landscaped .hall at be reduced below the mind- mum require- -t. 4) Structures or site impmw- moats which do not conform to the off -stmt Parking and loading n. quhements Of this COM- ameto Iles be enlarged, provided that the parking and loading regWremaaqforsuchadditionshall be fully satisfied and that tit* discrepancy between the existing offctrett parking and loading facilities aed the standards prescribed by this ordinance shall not be increased. Section 20.600 Maintenance and Repairs Nooconforminal uses, structures. and site improvements may be arroxia- talned and repaired u necessary far convenlent, µto, or efficient opera- tion or use, Provided that no web maintenance or repair shall increase the discrepancy between the use, structure m site improvement and the development standards prescribed by this ordinaries. Section 20.700 DLScontipusace Any non - conforming use which is discontinued far a period of 12 months, regardless of any intent to resume operation or use, shall not be rammed thereafter, and any future we of the site or structures thereon shall conform with the provisions of this ordinance. Section 20.800 Change of Use A non - conforming use -hall not bs changed to another non.contorming use unless PermWion shall have been granted by the Town Council. Prior to panting. such permidon, the Council -hall determine that the proposed ate does not substantially differ from the existing noncon- forming use in terms of compatibilitywiththecharacterofthearea m nwhichitislocated, and the Couell shall determine that the proposed wo, deer not increase or aggravate the degree of non•eonformlty existing prior to any such change of use. Section 20.900 Restoration Whenever s noneonform usm1 e which data not conform with theregulationsforthedistrictinwhichIt Is located, or a noncoot —ming structure or site Improvement which mdoesmotConfor with requinmeats for setbacks, dieuneas beSwaen buildings, height, density control, building bulk control, or sitecoverage, I. destrayod by fire or other calamity, by act of Gad. or by the Public enemy to the aitent of 80 per cost or less, the use MAY be resumed or the structure may bs restored, provided that restoration is The Vail Trail 53 commenced within 1 year gad diligently pursued to completion. , When destruction exceeds SO per cent, or the structure or Site improvement is voluntarily razed or moved by law, the structure Or die improvement shall not be restored except in full conformity with the development standards preacribed by this ordinance. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoration to the ume condition as prior to web damage or Partial destruction, to the estimated tort of duplicating the entire structure "it existed prior thereto, Estimates of cost for this purpose shall be made or reviewed by the Town Manager, shall be approved by the Town Council, and shall be hued on the minimum cost of construction in compliance with the Building Code, ARTICLE 21 ADMINISTRATION - Section 21.100 Zoning Administra- tion21.101. Appointment. The Town Mansger shall appoint a Zoning Admin mister Who shall administer and enforce this ordinance, The position of Zoning Administrator may be combined with another position of the Town. 21.102. Duties. The Zoning Adminisr tutor shall be responsible for such duties an prescribed in this ordinance, and shall be responsible for mforce- ment of the toping regrlatlans. The Zoning AdmWstrator and his depu- ties shall have the right to enter on any site or to enter any structure for the purpose of investigation K inspection related to any provision of this ordinance, provided that the - right of entry shall be exercised only at reasonable hours and that in no case shall gay structure be eatervd In the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Zoning Administrator may mew notice indicating the nature of any violation, or requiring the removal of any structure or use In violation of this ordinance, on the owner or his authorized agent, or a tenant, or on _ aar other person who commits or Participates to any violation of this ordinance. The Zoning Administrator , may call upon the Town Attorney to Institute necessary lead proceedings to —force the Provisions of this ordinance, and the Town Attorney - hereby is authorized to institute appropriate actions to that end. T is - Zoning Administrator may call upon the Chief Of Police and his authorized - agents to aadst In the mforeemeat of - this ordinance.. 21.103. Appeal ! Adeainist—tive Actions. Appeal -hak mY admbdw .` trative setioa ar determination by the Town Manager or the Zoning Administrator Puritans to providons of this ordinance may be filed with - the Town Council by say resident or property owner within 20 days, following Inch action or detarr - - entnatioa. in event of appeal, the Council, alter rwefv(ns a "Port from the Town Manager or the Zoning Administrator, may confirm, reverse. or modify the action of the Town. Manager or the Zoning Admoldr tutor. A heating shall not be i required. FaOun of the Council to act within 30 days of the !fling of an - appeal shell be deemed concurrence . in the action of the Town Manager as the Zoning Administrator... No appeal filed pmwuaiat to this Section shall constitute an appeal Irom a decision made by the Design - Review Hoard pursuant to Article 16 or a decision made by the Planning - Commission Pursuant to Article 19 Or AkU@7*e-19 Of LNa o&bamee. Section 21.200- Determination of - Si—Il Use - In order to easure that the awning regulations will permit similar uses In , eerWn prescribed eommercial zones, the Town Couadl on J%* initiative or - upon written request shall dstermine whether a use not specifically Listed as a permitted we shall be deemed a permitted use on the basis of stmilarfty to uses specifically ls.. The procedure prescribed in this Section shalt not be substituted tor.. the amendment procedure m a means of adding new was to the Bata of - permitted sass, but ahal be followed to determine whether the character ' latics of a particular use not listed are sufficiently simlax to certain classes of permitted uses to justify a finding that the we should be domed a permitted uses. The Zoning Administrator, uponrequestoftheTowaCouncil or written request of any person for a determination under this 8ettlnnt Shan review the characterlsties of any use proposed to be determined as similar to Permitted uses, and that transmit a report in the Council advising in what respects the proposed use would be in tact ahnllar to specified permitted was in the come district, or la what ra.psetw the proposed use would not be aimlxr to permitted uses, or would be dmlar to uses specifically permitted only In -^ other districts. After receipt of the Port. the Council may determine the proposed we to be similar to useo . specified am permitted was in the same district if it finds that she Proposed use will not be subetanualy different In its operation Or other eheiraeteri.tiea from was specifically permitted to the items district. The - Council elral state the beds for its determination. and the use thereafter then be dammed s permitted use subject to the same regulations a swificalty Permitted wel In the Same district. Section 21.800 Dee e-etien o! Bits COntinuad —Paigo 54 EffectTheZoning Administrator shall issue a alCondition Use Permit when action of the Town Council bscomes final, subject to such conditions as may be prescribed by the Council, or by the Planning Commission if the Council falls to mt. The permit shall IRPI4 It construction is not rbm- meneed within one year of the date of issuance and diligently punned to completion, or It the use for which the permit la atreated is notcommencedwlhlaoneyear. Section 18.900 Related Permits and Reautrements In addition to the conditional which may be proscribed punumt to this Article, aconditional use .hal also be subject to all Other protedwts, permits, and reauiremants ofthis and other applicable ord)nanoa end regulations of the Town. In event of my conflict between the provisions of a Conditional Uwe Permit and any other permit or requirement, the more reetrictive provision sbell prevaR ARTICLE 19 VARIANCES - Section 19.100 Purposes and Limits - tionsIn order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this ordinance as would result from strict or Literal interpretation and enforcement, varh- ces from certain regulations may ba granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the Immediate vicinity; or from other physical Limitations, street locations, or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal comph• ante with a regulation shall not be a reason for granting a variance, Variances may be granted only with respect to the development standards prescribed far each district, including lot area and site dimensions. setbacks, distances between build - fags, height, density control, building bulk control, site Coverage, useable pen space, landscaping and site development, and parking and Loading requirements; or with respecttotheprovisionsofArticle14ofthis ordinance governing physical devel- opment as a rite. The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary /o avoid results Inconsistent with the objee- lives of this ordinance is provided by Article 18 (Conditional Use Permits) and by Section 21.600 (Amend - moat.). Section 19.200 Application and Required Information Application for a variance shall be made upon a form provided by the Zoning Administrator. The applica- tion shall be supported by docu- ments, [asps, plane, and other material containing the following Information: 1) Name and address of the owner and/or applicant and a statement that the aPpLiCant, if not the owner, has the Permlasion of the owner to make application and act as aunt for the owner, 2) Legal description, streetaddress, and other Wand - lying' data concerning the site 3) A statement of the predae nature of the variance requested, the- regulation involved, and the practical difficulty or unnecessary physical hardship inwnist- cut with the objectives of. this ordinance that would result firm strict or Literal interpretation sad mfoxee- ment of the spedfied regulation. 4) A sits plan showing all existing and proposed fat tares on the site, and on adjoining cites if necessary, pertinent to the variance requested, including site boundaries, required aetr backs, building locations and heights, topography and physical features, and similar dam. 6) Such additional material as the Zoning Administrator may prescribe or the applicant may submit Par tinent to the application and to the findings Prereq- uidte to the 4euance of a variance as prescribed In Section 19.800. Section 19.300 Variants Fee The Town Council shall at a variance fee schedule sufficient to cover this coat of Town staff time and other expenses incidental to the review of the application. The tae shall be paid It the time of app l"llon, and shall not be refundable. - - section 19.400 Hearing Upon reeeipt of a variance apples - tion, the Planniag Commission shall set a date for hearing la accord with Section 21.400. Notice shall be liven, and the hearing shall be conducted in mood with Section 21.400. Section 19.600 Action by Planning Commission Within 20 days of the closing of a public hearing on a vartuice application, the Planning Commission shall act on the application. The Commission may approve the appli- cation as submitted or may approve the application subject to such modifications or conditions a LL deems necessary to accomplish the purposes of this ordinance, or the Commission may deny the applica. tion. A verianee may be revocable, may be granted for ,'Limited Lima period, or may be granted subject to such other conditions a the Commission may prescribe. Section 19.900 Criteria and Findings Before acting on a variance applica- tion, the Planning Commission shall consider the following factors with respect to the -quertod variance: 1) The relattonshlp at the requested variance W athee existing or potential wai. and structures in the Ocialty. 2) The dogma to which relief tram the strict or Literal nterpntation and mforca- meat of a specified re/ufa- lion is necessary to aehiew compatibility and uni- formity of treatment among sites in the vicinity. or to attain the Objectives of this ordinance without grant of special privilege. August 17, 1973 3) The effect of the requested variance on light and air, distribution Of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4) Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning Commission shall make the following findings before granting a variance: 1) That the granting of the variance will not constitute a grant of special Privilege inconsistent with the Limi- tations on other propetiet classified in the some district. 2) That the panting of the variance will not be detri- mental to the public health, safety, or welfare, or materially injurious to properties Or improve- ments in the vicinity. 3) That the variance Is war ranted for one or more of the following reasons: a) The strict or liteal interpretation and a- forcement of the ape - titled regulation would result in witeti- Call difficulty or no- nC"Muy physical hardship inconsistent with the objectives of this urdinmce, b) These are exceptional or extraordinary dr- instances or wndi- dons applicable to the site of the v*Aaacer that do not apply generally to other p— pasties in the mine erne. e) The strict or literal interpretation and en- forcement of the spa- tilled regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the mina district. Section 19.700.. Action by Town Couadl. Within 7 day. following action ot'the Planning Commission, its decision shall be transmitted to the applicant and to the Town Council. At its part regularly scheduled meeting follow- ing receipt of the decision of the Planning Commission, the Town Council shall review the =lion of the Commission, and may confirm, modify, or reverse its decision. It it doers insufficient information in available to provide the basis far`. sound decision, the Council may postpone final action .for out man than 20 days, and the Council may, at its option, conduct an additional hearing in accord with the provisions of Section 21.400. Feature- of the Council to act prior to the postponement date it sets sbal be deemed approval of the action by the Commission- unless the applicant Consents to a time extension. The Town Council shall act in accord with the same criteria, and shall make the saine, findings as prescribed in Section 19,600 before granting a variance. The action of the Couadl shall become final immediately. Section 19.800 Permit issuance and Effect The Zoning Administrator shah issue a variants permit when action of the Town Connell becomes final, —blest to such conditions to may be prescribed by the Council, or by the Planning Commission if the Councilfailstoact. The permit shall lapse if Construction is pot wmmaneed within one year Of the date of issuance and diligently pursued to completion.. Section 19.900 Related Permits gad Requirements in addition to the Conditions which may be prescribed pursuant to this Article, my site or use subject to a variant. permit shall also he subject to all other procedures, pnmlta, and requirements of this and other applicable ordinances and re.altions of the Town. In event of any conflict between the provisions of a variance permit and other permit or rsgidr mant, the more restrictive provisions shall Prevail. ARTICLE 20 NON CONFORMING SITE, USES, STRUCTURES, AND SITE IMPROVEMENTS Section 20.100 Purposes This Article is Intended to limit the number and extent of noncon- forming was. and Structures by Probibiting or limiting their enlarge- ment. their te-estahlishnrent after abandonment, and their restoration after substantial destruction. While permitting non <onforming arms, structures, and lmprovemens to continue, this Article is intended to limit enlargement, alteration, restora- tion, or replacement which would increae the discrepancy between existing conditions and the develop- ment standards prescribed by this Ordinaries. Section 20,200 Continuance Noncontormina sites. uses, struc- tons, and site improvements $awfully established prior to the effective dots of this ordinance may Continue, sub)ect to the limitations prescribed in this Article. Sites, uses, structures, and alts Improvements lawfully authorized by Permit. or regulations existing prior to the effective ditto of this Ordinance may continue, subject to such hmitatiow as preo.Ab d by such permits or regulation Section 20,800 Non-Conforming 9fta;L alas lawfully established po sumt to regulations in effect prior .,to the effective date of this ordinance which do not conform to the minimum lot area and dimension requirements prescribed by this ordinaries for the district I. which they are situated y be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this ordi- nance. No such site shall be further reduced in area or dimms;osa. Section 20.400 Nonconforming UsesThe use of a site or structure lawfully established Prior W the effective state of this ordinance which does not conform to the use regulations prescribed by this, ordinance for the district in which it is situated may be continued, Provided that no such non - conforming tae shall be enlarged to Occupy a greater mite area or building floor area than it occupied on the effective date of this ordinance, Any subsequent reduction in site area or floor area occupied by a aonconlorming use shall be deemed a new limitation, and the use shall net thereafter be enlarged to occupy a greater site area w floor area than such new Limitation. Section 20.500 NonConformias Structures and Site improvements SLtottnazs and site improvementa lawfully established prior to the effeetive date of this ordinance which do not conform to the development standards Prescribed by this ordl- nance for the district In which they are situated may be continued. Such structures or site improvements may he enlarged only in accord with the following limitations: 1) Structures of site Improve- ments which do not conform to requirements for setbacks, distances be- tween buildings, height, building bulk control, at site Coverage, may be enlarged, orovided that the enlargement does not fur ther increase the discrep- ancy between the total structure and applicable building bulk control or rte coverage standards; and provided that the addition fully copforms With setbacks, distances between buildings, and height standards applicable to such addition. - 2) Structures which do not conform to density con - trots may be enlarged, only it the total gross residential floor gee of the enlarged structure doer act "..."d the total gross residential floor area of the pre-ex• Lating non- cantnrming structure. 3) Structures site improve mints which do not conform to requirements for useable open miles or Landscaping and site deval. opment may be enlarged, provided that the useable Rpm spree requirements Pplicable to such addition shall be fully satisfied, and provided that the pacapt- age f the total site which is landscaped .hall at be reduced below the mind- mum require- -t. 4) Structures or site impmw- moats which do not conform to the off -stmt Parking and loading n. quhements Of this COM- ameto Iles be enlarged, provided that the parking and loading regWremaaqforsuchadditionshallbe fully satisfied and that tit* discrepancy between the existing offctrett parking and loading facilities aed the standards prescribed by this ordinance shall not be increased. Section 20.600 Maintenance and Repairs Nooconforminal uses, structures. and site improvements may be arroxia- talned and repaired u necessary far convenlent, µto, or efficient opera- tion or use, Provided that no web maintenance or repair shall increase the discrepancy between the use, structure m site improvement and the development standards prescribed by this ordinaries. Section 20.700 DLScontipusace Any non - conforming use which is discontinued far a period of 12 months, regardless of any intent to resume operation or use, shall not be rammed thereafter, and any future we of the site or structures thereon shall conform with the provisions of this ordinance. Section 20.800 Change of Use A non - conforming use -hall not bs changed to another non.contorming use unless PermWion shall have been granted by the Town Council. Prior to panting. such permidon, the Council -hall determine that the proposed ate does not substantially differ from the existing noncon- forming use in terms of compatibilitywiththecharacteroftheaream nwhichitislocated, and the Couell shall determine that the proposed wo, deer not increase or aggravate the degree of non•eonformlty existing prior to any such change of use. Section 20.900 Restoration Whenever s noneonform usm1e which data not conform with theregulationsforthedistrictinwhichIt Is located, or a noncoot —ming structure or site Improvement which mdoesmotConfor with requinmeats for setbacks, dieuneas beSwaen buildings, height, density control, building bulk control, or sitecoverage, I. destrayod by fire or other calamity, by act of Gad. or by the Public enemy to the aitent of 80 per cost or less, the use MAY be resumed or the structure may bs restored, provided that restoration is The Vail Trail 53 commenced within 1 year gad diligently pursued to completion. , When destruction exceeds SO per cent, or the structure or Site improvement is voluntarily razed or moved by law, the structure Or die improvement shall not be restored except in full conformity with the development standards preacribed by this ordinance. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoration to the ume condition as prior to web damage or Partial destruction, to the estimated tort of duplicating the entire structure "it existed prior thereto, Estimates of cost for this purpose shall be made or reviewed by the Town Manager, shall be approved by the Town Council, and shall be hued on the minimum cost of construction in compliance with the Building Code, ARTICLE 21 ADMINISTRATION - Section 21.100 Zoning Administra- tion21.101. Appointment. The Town Mansger shall appoint a Zoning Admin mister Who shall administer and enforce this ordinance, The position of Zoning Administrator may be combined with another position of the Town. 21.102. Duties. The Zoning Adminisr tutor shall be responsible for such duties an prescribed in this ordinance, and shall be responsible for mforce- ment of the toping regrlatlans. The Zoning AdmWstrator and his depu- ties shall have the right to enter on any site or to enter any structure for the purpose of investigation K inspection related to any provision of this ordinance, provided that the - right of entry shall be exercised only at reasonable hours and that in no case shall gay structure be eatervd In the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Zoning Administrator may mew notice indicating the nature of any violation, or requiring the removal of any structure or use In violation of this ordinance, on the owner or his authorized agent, or a tenant, or on _ aar other person who commits or Participates to any violation of this ordinance. The Zoning Administrator , may call upon the Town Attorney to Institute necessary lead proceedings to —force the Provisions of this ordinance, and the Town Attorney - hereby is authorized to institute appropriate actions to that end. T is - Zoning Administrator may call upon the Chief Of Police and his authorized - agents to aadst In the mforeemeat of - this ordinance.. 21.103. Appeal ! Adeainist—tive Actions. Appeal -hak mY admbdw .` trative setioa ar determination by the Town Manager or the Zoning Administrator Puritans to providons of this ordinance may be filed with - the Town Council by say resident or property owner within 20 days, following Inch action or detarr - - entnatioa. in event of appeal, the Council, alter rwefv(ns a "Port from the Town Manager or the Zoning Administrator, may confirm, reverse. or modify the action of the Town. Manager or the Zoning Admoldr tutor. A heating shall not be i required. FaOun of the Council to act within 30 days of the !fling of an - appeal shell be deemed concurrence . in the action of the Town Manager as the Zoning Administrator... No appeal filed pmwuaiat to this Section shall constitute an appeal Irom a decision made by the Design - Review Hoard pursuant to Article 16 or a decision made by the Planning - Commission Pursuant to Article 19 Or AkU@7*e-19 Of LNa o&bamee. Section 21.200- Determination of - Si—Il Use - In order to easure that the awning regulations will permit similar uses In , eerWn prescribed eommercial zones, the Town Couadl on J%* initiative or - upon written request shall dstermine whether a use not specifically Listed as a permitted we shall be deemed a permitted use on the basis of stmilarfty to uses specifically ls.. The procedure prescribed in this Section shalt not be substituted tor.. the amendment procedure m a means of adding new was to the Bata of - permitted sass, but ahal be followed to determine whether the character ' latics of a particular use not listed are sufficiently simlax to certain classes of permitted uses to justify a finding that the we should be domed a permitted uses. The Zoning Administrator, uponrequestoftheTowaCouncilor written request of any person for a determination under this 8ettlnnt Shan review the characterlsties of any use proposed to be determined as similar to Permitted uses, and that transmit a report in the Council advising in what respects the proposed use would be in tact ahnllar to specified permitted was in the come district, or la what ra.psetw the proposed use would not be aimlxr to permitted uses, or would be dmlar to uses specifically permitted only In -^ other districts. After receipt of the Port. the Council may determine the proposed we to be similar to useo . specified am permitted was in the same district if it finds that she Proposed use will not be subetanualy different In its operation Or other eheiraeteri.tiea from was specifically permitted to the items district. The - Council elral state the beds for its determination. and the use thereafter then be dammed s permitted use subject to the same regulations a swificalty Permitted wel In the Same district. Section 21.800 Dee e-etien o! Bits COntinuad —Paigo 54 54 'lire Vail Trail August 17, 1973 closing of a public hearing on a Proposed amendment, the Planning Zoning Ordinance Commission The may mo, 2 -man tent. 214 years old, m ion excellent condition. $55.00. Call 476.5761 evenings. (40•ta) recommend approval of the Petition From —Pape 53 or Proposal As initlated, may HONDA MOTORCYCLE CB77. recommend approval with much Allocation modifications as it deems necessary wh never a dim used Or intended to to accomplish the Purposes aI thisWnandpursuanttotheProvisionsofordinance, or may recommend denial. eednernc0 cannot be clearly61 of the petition or reiectien of theibisortdaetinedbymeansofaproposal. The Commission shallAm" lot or record er by Portions or transmit its recommendation, togeth- thLt. or br ther er with A rePort on the public hearingcomhiaetioas leeoedme or recognized dad[• and its deubumt one and findings, to olio[ the ownar m his authorized the Town Council. Sent may fin a Dadaatloa of Site 21.505. Hearin: by Town Council. Ailontbn with the Zoaldg Admlale- Upon receipt of the report and crater. recommenciatiea of the Planning The Deelastina of Sit. Allocation ComddatUn. the Town Council shallbeliedanaformtoWmetadateforhearingineeeo.d withshallProvidedbytheZoningAdMinistraSection21.400. Notice shallbe given tee, and shall be masompanlad by a and the hearing conducted in accordn4P' draws ro scale Indinthut the with the. provlttons of Sectionexactbossier. [hap., and dimeodonr 21.400. of the mite and such other 21.506. Action by Town Council. Information ar may be required by within 20 days of the closing of atheZonlnaAdministrator, tacludina public hearing . on a ProposedaxWip{ or proposed structures or amendment, the Town Council shellimproram.ats Oa the same Or act an the Petition or Proposal. The lot" miNiI - Town Council shall consider but [halt The Zoning Admaebttrator may not be bound by the recommends- Mules. that Lb. Declaration of Sloe tion of the Planning CommiadiAU..atlna be sworn to bythA owner The Town Council may cause an or anon of tbv dte. ' `:y " - ordinanea to be introduced to amend No alto dedared under tbia aaetlon the regulation' of this ordinance or Shen M recognised me A useable sits to change district boundaries, eitheranttotheprovisionsofthisinaccordwiththerecommendationpungordinanceItItrevoltsincreationofofthePlanningCarnmisioaOrinanydigorparceloflandwhichdoe[ modified form, or the Council may I fully meet the lot Alto and deny the petition. If the Council dh[seeslen' regtdremantA e! the elect[ to proceed with an ordinancedistrictInwltlehnVlocated. The awarding the re[ulattene or changingDedaratbaofSiteAllocationPrOOo- district bouadsries, or bath, the does stall not be substituted for the ordinance shall be considered u proeedseras preseribed in the Si proscribed by the Charter of the dos Drdin if the mite caaslitutes Town of Vail, Portion of a pared which can be Section 21,600 Certificates of Zoning further subdivided Or otherwise lm Compliance. - subject to ffie provisions, of the it shall be unlawful to sae or occupy Subdtvldoa Ordbsnca. -' -- , or to Permit the use or oteupsny of secuw, 21.400 Hearings ',: ' any buadiaa or Portion thereof, or whose required by statue -Or by this site, or both, which may be :erected, eedina,ce, bearings before .the converted, or altered until a Plansdag cemmiedo..and the Town Certificate of Zoning ComplianceCettneifshoobeconductedinmccondshellhavebeenissuedbytheZoning with the provision ofthis Section. Administrator certifying that the 21.401. Setting for Hearing. Upon proposed use conforms to thetheall" of an ApPllcatba for A use requirements of this ordinance. petedt of a vesdonOe, or a petition far No permit for erection. a10-11an, amesedanant, or upon the mina of any moving, or repair of any building other document or. action the ball be issued until an application di Uom of which requires a has been made for a Certificate of b.mHeg before either the Planning Zoning Compliance, and the Zuni - cwsi i""oa er theTown Council or Administrator Wall issue the certi8- both purioant to this ordinance, the sate upon completion of the work PLAnnlna Cnmmialoa or the Town provided that it compnea with the Counen, ppropriate, shag met a requirements of this Ordinance. A date for hearing which shall beA Certificate of Zoning Compliance not won than 30 days from the date may be combined with a building a! filing of the application Or receipt permit,' or other permit, or may be of the doeumemt. sued ar a asparate certificate. The 11.401. Notice. Not lea than fifteen Zoning Administrator shall maintain Sl5y days prior to the data set for the a record of an Certificates, of Zoning e..rina the Zoning Administrator Compliance.. sign uvse a copy of a notice of the Section 21.700 Construction and UsetimeandplaceofsuchhearingtobeIcePlan . published once In a newspaper f Building permits and Certificates ofg&naral elreuiation in tho County o! Zoning Compliance issued on the Eagle. bads of plane, a Declarations of Land 23L.403. Evidence. The Planning Allocation, or say permit granted Commission shall base its deterenina- pursuant to Ode otdinaaa .hall dos upon statements contained In authorise only the use, arangsmant, the application. Or Petition, and- construction set forth fn thePan reports from the Town site w plans, Dealaratioa, Or permit; and consultants, I! anY. and spanevidencepresentedtotheCommis- any ether vac. pwant, or construction at variance with the dos At the hearing. Plans. Ledaratioa, or permit shall be The Town Council shall base its deemed a violation of this Ordinance determinations upon- statements con - and Punishable es prescribed n taiwd In the application or petition, Article 1. upon rope to from the Town staff of Section 21.500. S.— b)lliy. con ultanta, it any. upon evidence It any Part or provision of this- submitted to the Planning Cements- ordinance or the application thereof dam and the recommendation' of the to say person. property, or eiteum- Commission, and upon evidence signora is adjudged invalid by any Presented - tit the Coun g at the court of competent Jurisdiction, suchheadna• Judgmant [hall be confined to its HeernamAbell be conducted In much1. operation and dirsouon to the part, . IDamer as to afford an applicant or provision, section. or application PetitiorM..and all Interested parties directly involved in the controversybeOPPOrwnitytosubmitexception[ in which Judgment shall have been to the record;- eontentioa, and rendered and than not effect or arguments with respect to the lsues Impair the integrity orvalidItY of the entailed, provided that the Planning remainder of this -than even Commission And tfie Town Council without any web part, provision. MAY limit the taking of evidence to action, at application. evidence riot previously submitted Section 21.900. Repeal of Priormadmadramatterofrecord. OrdinAnOes. section 31.500 Amendments On the effective date Of this The Ngulatinbt prescribed in this ordinance, Ordinance No. 7 (Series of ordinance and the boundaries of the 1969). 0-4i-mace No. 8 (Series of1dladrietshownontheOfficialZoning1970), Ordinance No. 15 (Seri" of Map maybe amended. or - %..Jed by 1970), Ordinance No. 3 (Series of the Town Council in Accord with the 1972) Well be repeated• and any Procedures Prestribed in this Section. other, provisions of ordinances of the 21.501. Initiation. An amendment of Town of Vail previously enactedtheregulationsofthisordinanceorainconsistentwiththeprovisionsofordnanceWvealsoberepeatedehanpindistrictboundariesmaybeantheeffectivedatethistalttatvdbytheTownCOudcilonitsOree, This otdince a takeow own motion, by resolation of the affectProves la withwith thePlanningCommission• or by petition f the ChoProvision' o! the Charter .for theofanyresidentorpropertyownerIn the Town, . ».. Tows of Vail - A Petition for amendment of the INTRODUCED. READ, AP- nguiatiom Or change in district PROVED, AND ORDERED PUB_ boundaries shall bm filed on form to LISHED THIS 19th day of June, be prescribed by the Zoning 1971. - Administrator. The petition [hall TOWN OF VAIL include A mummarY of the Proposed By JohnA, Dahwn revision of the regulations, or a Mayor complete description of proposed ATTEST! ' - changes n diaWet boundaries and Linda R. Hall map indicating the existing std Town Clerkpropose - district boundaries. The I N T R O D U CE D, READ, Petition ales shall nehnde muchadditionalinformationyprescribed ADOPTED AS AMENDED, ANDbylbwZoningAdministrator, ORDERED PUBLISHED THIS 7th day of August. 1973. 21 .602. Amendment Fn. The TownCOUneitshalleat tae schedule for TOWN OF VAIL Petitions lot amendment of the By Jahn A. Dobson regulations of this ordlnanee era M&YOt ATTEST: - - chanp to district boundarin, suffl- Linda R. Han . dent to cover the sort of Townstaff Town Clarklimeandothermzwnseaneld.n"i to Me rsivew e! the petition. Published in The Val Trail on August 21 503, Hearing by Plaann[ coin- 17, 1973. miadon. Upon filing of a petition for amendment or upon initialled of anamendmentbytheTownConnellfirPlanningCommission, LEGAL NOTICEtheCormnla- sien shall rat a date for hearing inaccordWith . 21the Notice NOTICE OF REGISTRATION veil acanbeevenAnd the hearing SPECIAL MUNICIPAL ELECTIONdy.teA in second ith the TOWN OF VAIL, COLORADO Drovlsioa of Section 11,490. September 25, 1973 31.504. Planning Commission Ree- NOTICE IS HEREBY GIVEN OMMOndauea, Withn 20 d ys of [h. that a Special Municipal Election of Ed ssifled adverUPs ng 10 Cents aWord — :200 Minimum Per Insertion — Cash In Advance, Pleame! Cfor gals RECORDS, TAPES - S track and cassettes. Stereo and tape accessories available also. Moun. tain Music, Lazier Arcade Building, Vail, Colorado. Call us at 476.5156. (7 -tn) KEEP YOUR HOUSEPLANTS healthy and blooming withConstantFeedFertilizer. Ob- tained at The Vail Trail office at 1.50 per package. (1 -tn) FIREWOOD — The Woodchuck Corporation. "See us before you burn." Offices in The Talisman Lodge Arcade, Call 476.2210, or write Box 2095, Vail. (23 -tn) LUGGAGE FOR SALE —Three piece set of Wheary luggage, good condition, $40. Call 476.5591 evenings. (23 -tn) VASSAR FIREWOOD COM. PANY — Most reasonable rates in the valley. Pinon wood. Call Vass at 476.3497, (17 -tn) FIREWOOD — Vail All Season Firewood. Split pinon, pine, also fn itwood, Yes,1 amstill here to serve yoar all! For reliable service call 827 -5240. (22 -tn) LUCRATIVE BUSINESSin core area of Vail. Can 9:00 to 5:00, Monday through Friday. Call476-2427 or write Box 974, Vail. (27 -tn) ROOM SIZE carpet remnants. Values to $10.00 per square yard, Now $2.00 per square yard, Benedict Carpet Service. Ca11 827-5886.(394t) TWO BEDROOM furnished trail- er in Avon, $4,000. Call Denver 795.0821 or 674 -5875. (394t) GENTLE SADDLE HORSE for children and pack burro. For further information call 926 -3416. (394t) 1970 JEEP WAGONEER, V -8, automatic, power brakes, pottier steering, air-conditioning, four new tires. $2,950. Call 476 -3621. (39.41) FOR SALE approximately 5,000 sq. ft. of perfect 90 yearoldvarnished4" fir wainscoting lumber. Call 486.1324 after 5:00 p.m. (40.1t) the Town o{ Van, Colorado; win be held on Tuesday, September 26. 1973, Said Special Erection relalms to the question of an additions sales gas In the Town of Val1 ar provided in Ordinance No, 11. Series of 1973, of the Vail Town Council, and "also relates to the question of issuing General Obligation Bonds of the Town of Veil in the principal amount not exceeding 43,000,000. for reel estate acquisition for municipal and public purposes in said Town, and further relates to the question of 1ssWa General Obligation Bonds Of the Town of Vail in the principal amount not exceeding 55,500,000. for municipal public Parking facilities I. the Town of Val, In Order to vote at this election on Tuesday, September 25, 1973, in elector must be a qualified, registered e]—to, of the Town of Van, Colorado. Pemaoa who ill be otherwise quauned to vote but who are not presently registered to vote should register at the ofnce of the Van Town Clerk at the Van Municipal Building In Vail, Colorado, or at the office of the Eagle County Clerk and Recorder at the Eagle County Courthouse to Eage, Colo- redo ' at any time during regular buaines hours of those offices, NOT LATER THAN FRIDAY, AUGUST 24, 1913, - A Notice of Election giving mass detailed Information will appear in the editions of this newspaper dated September 7, 1973 and September 14, 1973INWITNESS wHi:REOF, the Town of Vail, Coioredo, has cawed tbii Notice to be given Am of the 7th day of August, 1973. SEAL) • )s) Linda R. Hall Town Clerk Town of Veil, Colorado Pubu.bed in the Val] Trail on Auaurt 10 and August 17, 1973. FOR SALE 1971 Ford Twelve passenger van, must sell due to over supply of multi passenger capability vehicles Contact Bill Bower Ki. III Lodge (40_4t) FOR SALE: 1972 Chevy Blazer 4 speed, 350 V -8 with power steering and brakes, Ron Bene. dict. 827.5886. (42 -1t) IRISH SE1.11NIt Fuppies, FOR• SALE 1972 Volvo sedan 164E, fuel injection, air condi- tioning, - leather upholstery, 12,000 actual miles. Contact Bill Bower, Kiandra Lodge. (40.4t) Registered 1 week. Box 2254, Aspen 925.7610. (42.2t) 1968 DODGE VAN 41,000 miles good condition, snow tires Included- 11 -900_ 478.24R2- FOR SALE - Roll top desk. Old (42.21) excellent and expensive. Call 4fi7 -3358. (443t) FOR SALE: 1970 VW VAN excellent condition engine just FOR SALE: Camp Trails then- over - hauled. Must sell, Bestoffer. Call 476 -3681. (42 -2t) mo, 2 -man tent. 214 years old, excellent condition. $55.00. Call 476.5761 evenings. (40•ta) USED R EST A U RANT equipment for sale, grill pizza HONDA MOTORCYCLE CB77. oven, donut display case, servinglinesteamtableandwalkinCCall47fi -3229 after 6:00 p,m, Call freezer, etc. Contact Mike 466.6316 at the A &Wat Frisco. FOR SALE - 1970 VW Camper, 42 -1t) excellent condition, like new. 1971 PINTO Runabout GoodNewEngine. Camping equip- condition, 4- speed, luggage rack, ment included. Call 476.9909. great on gas, snow tires, Call41.21) 476 -5011, extension 343. 1966 VW VAN: Valve and ring 42.1t) job; new starter system and 1972 TOYOTA land Cruiser, muffler. All new Bearings. ideal 9,000 In!. Box 3345 Aspenforcamping. $800.00 or best 925 -2089 a.m. or 925 -2858 p.m. offer. 476.5459. (41 -1t) 42 -2t) FOR SALE: 1970 MG Miget - yellow, wire wheels Call Donat 155 It p. V -8 INBOARD/Out- Ichiban,(41.1t) board boat with trailer. 25 hours since overhaul, $800 or best FOR SALE OR TRADE: 1973 offer — or will sell separately Eldorado Cadillac. 12,000 miles. en see $300; boat and trailer50. Call 827 -5355. (42Brandnewsteelbeltedtires. All tn) the Extras. Call 827.5552, Avon. FOR SALE: Beautiful Wolf mix404t} puppies, 6 weeks old, Call after RR TIES - for retaining walls, gate posts, landscaping, etc. 8" 9" , very good to.excellent, 60c to 75c per foot, discount on large quantities, 2206 Midland Ave. Glenwood Springs, 945.5012. (41.2t) R.R. CABOOSES - (1) 244 -3006 Mornings, no collect calls. 401 1967 JEEP CJ5 rag top, custom bucket seats, real sharp, Call collect 486-2937. (41.4t) FOR SALE Solid laminated oak round tables 34" diameter, 39.00 each -476 -5138. (41.41) FOR SALE: Ranch in excess of 1,000 acres within 15 miles of Vail. $3,400.00 per acre. Bargain price demands cash payment. Principals and agents ,.Ated Reply to L. Schneider P.O. Box 237 Englewood, Colorado 80110. (41.3t) FOR SAIL: Cal Tj4 Sailboat 0 5:00 p.m. Leadville, 486 -1583. 42.21) FOR SALE: One sofa -bed, Queen -size, Good Condition . 150,00. Call 476 -5012. (42.2t) # r AKC GOLDEN Retrievers Champion Sire Mountain born, shots, 10 weeks old. 1 -453 -2285 42.2t) ALL PARTS FOR '65 V.W. Also engine in excellent condition. See at Elliot Trailer park or 476- 3761.(42.1t) •. ORIGINAL OLD OAK Barrels and ice box, see at Elliot Trailer Parkor 476- 3761. (42.1t) FOR SALE: 1970 MG Midget yellow, wire tiles. Call Don at Ichiban. (42 -1t) INDUSTRIAL PROPERTY In Minturn .075 acres, more orless, one 30 by 60 warehouse building. Call 827 -5883, P.O. Box 304 Minturn. (42.41) Your opportunity to own the DUPLEX — 3 bedroom 2 bathfinestkeeiboatonLakeDillonatperunit, hot water, heat, terrific savings. 468?2150. Plreplace, electric kitchen; 41.21) completely furnished. Owner 1970 BRONCO good condition, will accept any reasonable deal call 476 -5257 evenings and 4 sell before ski season. Call weekends. (41.4t} 476 3119. (42•1t) LOG DUPLEX for We by owner, rustic interior with total sound proofing, fireplaces, lofts, all appliances, 2710 sq feet. Contact 476.3130 or 476-3247, 4z a 350ce KAWASAKI $406.00 with helmet, many new extras, primo condition. Phone 476.5686 ext. 9 9 :01 - 4:00p.m. or 476 -3657 5:30 to t) 8:00 p.m. (42.21) FOR SALE - STANDARD boys TWO COMPLETE sets of26InchSchwinnBicycle, $20. baroffer. 47 $ 20. ( each or beat Call 476-5412. (41•ly offer. 476 -5578 (42•lt) TOWNHOUSE for sale: 4 bedrooms, 3 baths, fullyPRIMOSQUAREDrelayRail- carpeted, fireplace, many otherroadTies6" x 8" and 8" x 8 ", 8 extras. In Vail das Schone. Call feet long, $4.00 per tie. 476 -3066 or 476.5483. (42 -tn) Excellent charcoal, golden, or lichen barnwood. 85c1foot. 16 ft, house logs $1.0011, foot. 41.21) WHIRLPOOLS by Jacuzzi and BARGAIN: Dynastar S•430's, 190 cm's, Marker bindings! Great condition. $125.00. Call Gari at Ore House 476.5100. • 42 -1t) whirl -jet starting at $197.5D with 40 ets. Eric SaunaslHeto PATIO SALE, August 18 & 19, heaters 25-40Yo off retail. Con - Sat. & Sun., Bill's Flowers, tact Rollins 925 -7179 Box 1470 Hoaglund's Trailer court, Aspen..(41 -2t) Minturn. 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