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."
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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.
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ATTEST:
Town Clerk
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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."
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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.
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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.
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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,
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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Office, Business: An office for the conduct of general business and
seivice activities, such as offices of real estate or insurance agents,
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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.
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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:
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1) Single family residential dwellings.
2) Two family residential dwellings.
3) Multiple family residential dwellings, including attached or
row dwellings and condominium dwellings.
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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t. INTRODUCED, PASSED ON SECOND READING, ADOPTED AND
ORDERED PUBLISHED this `yF day of August, 1973.
ATTEST:
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Town Clerk
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construed. and which does not change the front setback areas.'
5 IN t ecifically residential character thereof. U ".hl. Open s •
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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-
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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. (42.1t)
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