HomeMy WebLinkAbout2018 - Proof of PublicationPROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 2, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th
day of February, 2018.
Witness my hand and seal this 7th day of February, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 2
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL
TOWN CODE BY AMENDING SECTION 1-9-8 AND ADDING A NEW
SECTION 1-9-10, CONCERNING THE SEALING AND EXPUNGEMENT
OF CRIMINAL RECORDS
WHEREAS, Senate Bill 16-116 provided a simplified process for sealing criminal
justice records by providing defendants an option to immediately petition the court for a
sealing order and providing for an administrative fee for sealing such records;
WHEREAS, Senate Bill 17-1208 clarified the process for sealing certain criminal
records;
WHEREAS, pursuant to C.R.S. § 18-13-122(13), a municipal court may seal
criminal records concerning illegal possession or consumption of ethyl alcohol or
marijuana by an under -aged person;
WHEREAS, Senate Bill 17-1204 amended and clarified various provisions of
Articles 18, 19 and 24, C.R.S., concerning the expungement of juvenile records in
certain circumstances; and
WHEREAS, the Town Council wishes to provide a procedure to seal or expunge
certain criminal records in accordance with such legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-9-8 of the Vail Town Code is amended by the addition of
a new Subsection F, to read as follows:
1-9-8: COURT COSTS:
F. Record sealing fee: The Municipal Court shall assess costs of
sixty-five dollars ($65.00) upon a defendant's request to seal his or her
criminal justice record for violations other than convictions. Such costs
shall be in addition to any fines or penalties.
Section 2. Chapter 9 of Title 1 of the Vail Town Code is hereby amended by
the addition of a new Section 1-9-10, to read as follows:
1-9-10: SEALING AND EXPUNGEMENT OF RECORDS:
A. Definitions. For purposes of this Section, the following terms shall
have the following meanings:
Ordinance No. 2, Series of 2018
BASIC IDENTIFICATION INFORMATION: The name, place and date of
birth, last -known address, social security number, occupation and address
of employment, physical description, photograph, handwritten signature,
sex, fingerprints, and any known aliases of any person.
PERSON IN INTEREST: The person who is the primary subject of a
criminal justice record or any representative designated by said person by
power of attorney or notarized authorization; except that, if the subject of
the record is under legal disability, "person in interest" means and includes
his or her parents or duly appointed legal representative.
JUVENILE: A person under eighteen (18) years of age.
B. Sealing of records other than convictions.
1. A person in interest may petition the Municipal Court for the
sealing of all criminal records of a defendant, except basic identification
information, in the following circumstances:
a. Upon the complete dismissal of a case against the
defendant;
b. Upon acquittal of the defendant on all counts in a case;
c. Upon completion of all terms of a diversion agreement by the
defendant; or
d. Upon completion of a deferred judgment and sentence
where all counts are dismissed.
2. Notwithstanding Subsection (B)(1) hereof, a person in
interest may not obtain a sealing order if:
a. The defendant owes restitution, fines, court costs, late fees,
or other fees in the case that is the subject of the petition to seal
criminal records, unless the Municipal Court vacated the order for
restitution, fines, court costs, late fees, or other fees;
b. An offense is not charged due to a plea agreement in a
separate case;
c. A dismissal occurs as part of a plea agreement in a separate
case in which a judgment of conviction has been entered; or
d. The only charges against defendant involved a class 1 or
class 2 misdemeanor traffic offense or a class A or class B traffic
infraction.
Ordinance No. 2, Series of 2018
C. Minors in possession of alcohol or marijuana.
1. Automatic sealing. The Municipal Court shall immediately
issue a sealing order in a case in which a defendant under the age of
twenty-one (21) is charged with illegal possession or consumption of ethyl
alcohol or marijuana in the following circumstances:
a. Upon the complete dismissal of a case against the
defendant;
b. Upon completion of a deferred judgment or diversion or any
other action resulting in dismissal of the case against defendant; or
c. Upon completion of any court-ordered substance abuse
education and payment of any fine for a first time conviction.
2. Sealing upon petition. The defendant may petition the
Municipal Court for an order sealing criminal records upon expiration of
one (1) year from the date of a second or subsequent conviction for illegal
possession or consumption of ethyl alcohol or marijuana. The Municipal
Court shall grant the petition if the defendant has not been arrested for,
charged with, or convicted of any felony, misdemeanor, or petty offense
during the period of one (1) year following the date of the defendant's
conviction.
D. Expungement of juvenile records.
1. The Municipal Court shall automatically expunge the record
of a juvenile charged with a violation of the Town Code, within forty-two
(42) days of the occurrence of the following:
a. Upon a finding of not guilty at an adjudicatory trial;
b. Upon the complete dismissal of a case; or
c. Upon completion of a sentence.
2. Notwithstanding the requirements of Subsection (D)(1)
hereof, the Municipal Court shall not expunge the record of a juvenile if the
juvenile has any felony, misdemeanor, petty offense or delinquency
actions pending. In such case, the Municipal Court shall stay the petition
for expungement proceedings until resolution of any pending cases.
3. The Municipal Court may not expunge the records of a
person charged, adjudicated or convicted of any offense or infraction
pursuant to the Vehicle and Traffic Law, Title 42, C.R.S.
Ordinance No. 2, Series of 2018
4. The Municipal Court shall notify the prosecuting attorney that
all records in a case charging a juvenile with a municipal violation will be
expunged forty-two (42) days after completion of the sentence. The
prosecuting attorney may object within the forty-two (42) day period and,
in such case, the Municipal Court will schedule a hearing on the
expungement with notice sent to the juvenile's last known address. The
juvenile is not required to appear at the hearing. The Municipal Court
shall expunge the juvenile's records upon written findings that the juvenile
successfully completed the sentence or that the case is closed.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a
public hearing for second reading of this Ordinance is set for the 20th day of February,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 2, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 2, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
21st day of February, 2018.
Witness my hand and seal this 21st day of February, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 2
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL
TOWN CODE BY AMENDING SECTION 1-9-8 AND ADDING A NEW
SECTION 1-9-10, CONCERNING THE SEALING AND EXPUNGEMENT
OF CRIMINAL RECORDS
WHEREAS, Senate Bill 16-116 provided a simplified process for sealing criminal
justice records by providing defendants an option to immediately petition the court for a
sealing order and providing for an administrative fee for sealing such records;
WHEREAS, Senate Bill 17-1208 clarified the process for sealing certain criminal
records;
WHEREAS, pursuant to C.R.S. § 18-13-122(13), a municipal court may seal
criminal records concerning illegal possession or consumption of ethyl alcohol or
marijuana by an under -aged person;
WHEREAS, Senate Bill 17-1204 amended and clarified various provisions of
Articles 18, 19 and 24, C.R.S., concerning the expungement of juvenile records in
certain circumstances; and
WHEREAS, the Town Council wishes to provide a procedure to seal or expunge
certain criminal records in accordance with such legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-9-8 of the Vail Town Code is amended by the addition of
a new Subsection F, to read as follows:
1-9-8: COURT COSTS:
F. Record sealing fee: The Municipal Court shall assess costs of
sixty-five dollars ($65.00) upon a defendant's request to seal his or her
criminal justice record for violations other than convictions. Such costs
shall be in addition to any fines or penalties.
Section 2. Chapter 9 of Title 1 of the Vail Town Code is hereby amended by
the addition of a new Section 1-9-10, to read as follows:
1-9-10: SEALING AND EXPUNGEMENT OF RECORDS:
A. Definitions. For purposes of this Section, the following terms shall
have the following meanings:
Ordinance No. 2, Series of 2018
BASIC IDENTIFICATION INFORMATION: The name, place and date of
birth, last -known address, social security number, occupation and address
of employment, physical description, photograph, handwritten signature,
sex, fingerprints, and any known aliases of any person.
PERSON IN INTEREST: The person who is the primary subject of a
criminal justice record or any representative designated by said person by
power of attorney or notarized authorization; except that, if the subject of
the record is under legal disability, "person in interest" means and includes
his or her parents or duly appointed legal representative.
JUVENILE: A person under eighteen (18) years of age.
B. Sealing of records other than convictions.
1. A person in interest may petition the Municipal Court for the
sealing of all criminal records of a defendant, except basic identification
information, in the following circumstances:
a. Upon the complete dismissal of a case against the
defendant;
b. Upon acquittal of the defendant on all counts in a case;
c. Upon completion of all terms of a diversion agreement by the
defendant; or
d. Upon completion of a deferred judgment and sentence
where all counts are dismissed.
2. Notwithstanding Subsection (B)(1) hereof, a person in
interest may not obtain a sealing order if:
a. The defendant owes restitution, fines, court costs, late fees,
or other fees in the case that is the subject of the petition to seal
criminal records, unless the Municipal Court vacated the order for
restitution, fines, court costs, late fees, or other fees;
b. An offense is not charged due to a plea agreement in a
separate case;
c. A dismissal occurs as part of a plea agreement in a separate
case in which a judgment of conviction has been entered; or
d. The only charges against defendant involved a class 1 or
class 2 misdemeanor traffic offense or a class A or class B traffic
infraction.
Ordinance No. 2, Series of 2018
C. Minors in possession of alcohol or marijuana.
1. Automatic sealing. The Municipal Court shall immediately
issue a sealing order in a case in which a defendant under the age of
twenty-one (21) is charged with illegal possession or consumption of ethyl
alcohol or marijuana in the following circumstances:
a. Upon the complete dismissal of a case against the
defendant;
b. Upon completion of a deferred judgment or diversion or any
other action resulting in dismissal of the case against defendant; or
c. Upon completion of any court-ordered substance abuse
education and payment of any fine for a first time conviction.
2. Sealing upon petition. The defendant may petition the
Municipal Court for an order sealing criminal records upon expiration of
one (1) year from the date of a second or subsequent conviction for illegal
possession or consumption of ethyl alcohol or marijuana. The Municipal
Court shall grant the petition if the defendant has not been arrested for,
charged with, or convicted of any felony, misdemeanor, or petty offense
during the period of one (1) year following the date of the defendant's
conviction.
D. Expungement of juvenile records.
1. The Municipal Court shall automatically expunge the record
of a juvenile charged with a violation of the Town Code, within forty-two
(42) days of the occurrence of the following:
a. Upon a finding of not guilty at an adjudicatory trial;
b. Upon the complete dismissal of a case; or
c. Upon completion of a sentence.
2. Notwithstanding the requirements of Subsection (D)(1)
hereof, the Municipal Court shall not expunge the record of a juvenile if the
juvenile has any felony, misdemeanor, petty offense or delinquency
actions pending. In such case, the Municipal Court shall stay the petition
for expungement proceedings until resolution of any pending cases.
3. The Municipal Court may not expunge the records of a
person charged, adjudicated or convicted of any offense or infraction
pursuant to the Vehicle and Traffic Law, Title 42, C.R.S.
Ordinance No. 2, Series of 2018
4. The Municipal Court shall notify the prosecuting attorney that
all records in a case charging a juvenile with a municipal violation will be
expunged forty-two (42) days after completion of the sentence. The
prosecuting attorney may object within the forty-two (42) day period and,
in such case, the Municipal Court will schedule a hearing on the
expungement with notice sent to the juvenile's last known address. The
juvenile is not required to appear at the hearing. The Municipal Court
shall expunge the juvenile's records upon written findings that the juvenile
successfully completed the sentence or that the case is closed.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a
public hearing for second reading of this Ordinance is set for the 20th day of February,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 2, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 3, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th
day of February, 2018.
Witness my hand and seal this 7th day of February, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 3
SERIES 2018
AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE B OF
THE VAIL TOWN CODE, BY THE ADDITION OF A NEW SECTION 4
REGARDING DRIVING UNDER RESTRAINT
WHEREAS, the Colorado legislature passed House Bill 17-1162, effective
August 9, 2017, concerning action that can be taken against an individual based on the
individual's failure to pay for a traffic violation; and
WHEREAS, the Town wishes to adopt certain provisions of House Bill 17-1162
authorizing municipal enforcement of driving under restraint or suspension.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 2, Article B of the Vail Town Code is hereby
amended by the addition of a new Section 7-2B-4, to read as follows:
7-2B-4: DRIVING UNDER RESTRAINT OR SUSPENSION:
It is unlawful for any person to drive a motor vehicle or off-highway vehicle
upon any street or highway in the Town with knowledge that such person's
license or privilege to drive, either as a resident or nonresident, is under
restraint or suspension for any reason, including an outstanding judgment.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
Ordinance No. 3, Series of 2018
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a
public hearing for second reading of this Ordinance is set for the 20th day of February,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 3, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 3, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
21st day of February, 2018.
Witness my hand and seal this 21st day of February, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 3
SERIES 2018
AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE B OF
THE VAIL TOWN CODE, BY THE ADDITION OF A NEW SECTION 4
REGARDING DRIVING UNDER RESTRAINT
WHEREAS, the Colorado legislature passed House Bill 17-1162, effective
August 9, 2017, concerning action that can be taken against an individual based on the
individual's failure to pay for a traffic violation; and
WHEREAS, the Town wishes to adopt certain provisions of House Bill 17-1162
authorizing municipal enforcement of driving under restraint or suspension.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 2, Article B of the Vail Town Code is hereby
amended by the addition of a new Section 7-2B-4, to read as follows:
7-2B-4: DRIVING UNDER RESTRAINT OR SUSPENSION:
It is unlawful for any person to drive a motor vehicle or off-highway vehicle
upon any street or highway in the Town with knowledge that such person's
license or privilege to drive, either as a resident or nonresident, is under
restraint or suspension for any reason, including an outstanding judgment.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
Ordinance No. 3, Series of 2018
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a
public hearing for second reading of this Ordinance is set for the 20th day of February,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 3, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 4, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th
day of February, 2018.
Witness my hand and seal this 7th day of February, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 4
SERIES OF 2018
AN ORDINANCE AMENDING TITLE 10 OF THE TOWN OF VAIL MUNICIPAL
CODE BY THE ADDITION OF A NEW CHAPTER 4, CONCERNING THE
CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY
WHEREAS, under Article XVIII, Section 16 of the Colorado Constitution, cultivation of
both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being
mature;
WHEREAS, as a result of new legislation, without local regulation, the 6 -plant
limitation could be increased to 12 plants; and
WHEREAS, the Town Council finds and determines that it is in the best interest of the
public health, safety and welfare to adopt local regulations to restrict the number of marijuana
plants that may be cultivated on residential property to 6, and to adopt regulations to limit the
impacts of such cultivation on surrounding areas.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of a
new Chapter 4, to read as follows:
Chapter 4
CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY
10-4-1: PURPOSE:
The purpose of this Chapter is to regulate the cultivation of marijuana on
residential property in the Town, regardless of whether the marijuana is for
medical or recreational use.
10-4-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
MARIJUANA: All parts of the plant of the genus Cannabis whether growing or
not, the seeds thereof, the resin extracted from any part of the plant, and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds, or its resin, including marijuana concentrate, but excluding industrial
hemp, fiber produced from the stalks, oil, or cake made from the seeds of the
plant, sterilized seed of the plant which is incapable of germination, or the weight
of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink, or other product.
RESIDENTIAL PROPERTY: A single-family dwelling, multi -family dwelling, two-
family dwelling or other dwelling unit, as those terms are defined in Chapter 12 of
Ordinance No. 4, Series of 2018
this Code, including any associated accessory structures and front, rear or side
yards.
10-4-3: PLANT LIMIT:
Regardless of whether the marijuana is for medical or recreational use, it is
unlawful for a person to knowingly cultivate more than six (6) marijuana plants on
residential property or to knowingly allow more than six (6) marijuana plants to be
cultivated on residential property.
10-4-5: LIMITATION ON IMPACTS:
The cultivation of marijuana on residential property shall not be perceptible from
outside the residential property, including without limitation:
1. Common visual observation, including any form of signage;
2. Odor;
3. Light pollution or glare; or
4. Undue vehicle or foot traffic, including excess parking.
10-4-4: SAFETY REGULATIONS:
A. The cultivation of marijuana on residential property shall meet the
requirements of all applicable building and life/safety codes.
B. The cultivation of marijuana on residential property shall comply with all
applicable water and sewer regulations.
C. The use of flammable gas as a solvent in the extraction of
tetrahydrocannabinol or any other cannabinoid is prohibited on any residential
property.
D. The cultivation of marijuana on residential property is and shall be deemed
consent by the person cultivating the marijuana, upon reasonable notice, for the
Town to inspect the premises to determine compliance with this Chapter.
10-4-5: VIOLATION; PENALTY:
It is unlawful to violate any provision of this Chapter. Violations of this Chapter
shall be subject to the penalties set forth in Section 1-4-1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Ordinance No. 4, Series of 2018
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as provided in
this ordinance, shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a
public hearing for second reading of this Ordinance is set for the 20th day of February, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
20th day of February, 2017.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 4, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 4, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
21st day of February, 2018.
Witness my hand and seal this 21st day of February, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 4
SERIES OF 2018
AN ORDINANCE AMENDING TITLE 10 OF THE TOWN OF VAIL MUNICIPAL
CODE BY THE ADDITION OF A NEW CHAPTER 4, CONCERNING THE
CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY
WHEREAS, under Article XVIII, Section 16 of the Colorado Constitution, cultivation of
both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being
mature;
WHEREAS, as a result of new legislation, without local regulation, the 6 -plant
limitation could be increased to 12 plants; and
WHEREAS, the Town Council finds and determines that it is in the best interest of the
public health, safety and welfare to adopt local regulations to restrict the number of marijuana
plants that may be cultivated on residential property to 6, and to adopt regulations to limit the
impacts of such cultivation on surrounding areas.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of a
new Chapter 4, to read as follows:
Chapter 4
CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY
10-4-1: PURPOSE:
The purpose of this Chapter is to regulate the cultivation of marijuana on
residential property in the Town, regardless of whether the marijuana is for
medical or recreational use.
10-4-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
MARIJUANA: All parts of the plant of the genus Cannabis whether growing or
not, the seeds thereof, the resin extracted from any part of the plant, and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds, or its resin, including marijuana concentrate, but excluding industrial
hemp, fiber produced from the stalks, oil, or cake made from the seeds of the
plant, sterilized seed of the plant which is incapable of germination, or the weight
of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink, or other product.
RESIDENTIAL PROPERTY: A single-family dwelling, multi -family dwelling, two-
family dwelling or other dwelling unit, as those terms are defined in Chapter 12 of
Ordinance No. 4, Series of 2018
this Code, including any associated accessory structures and front, rear or side
yards.
10-4-3: PLANT LIMIT:
Regardless of whether the marijuana is for medical or recreational use, it is
unlawful for a person to knowingly cultivate more than six (6) marijuana plants on
residential property or to knowingly allow more than six (6) marijuana plants to be
cultivated on residential property.
10-4-5: LIMITATION ON IMPACTS:
The cultivation of marijuana on residential property shall not be perceptible from
outside the residential property, including without limitation:
1. Common visual observation, including any form of signage;
2. Odor;
3. Light pollution or glare; or
4. Undue vehicle or foot traffic, including excess parking.
10-4-4: SAFETY REGULATIONS:
A. The cultivation of marijuana on residential property shall meet the
requirements of all applicable building and life/safety codes.
B. The cultivation of marijuana on residential property shall comply with all
applicable water and sewer regulations.
C. The use of flammable gas as a solvent in the extraction of
tetrahydrocannabinol or any other cannabinoid is prohibited on any residential
property.
D. The cultivation of marijuana on residential property is and shall be deemed
consent by the person cultivating the marijuana, upon reasonable notice, for the
Town to inspect the premises to determine compliance with this Chapter.
10-4-5: VIOLATION; PENALTY:
It is unlawful to violate any provision of this Chapter. Violations of this Chapter
shall be subject to the penalties set forth in Section 1-4-1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Ordinance No. 4, Series of 2018
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as provided in
this ordinance, shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a
public hearing for second reading of this Ordinance is set for the 20th day of February, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
20th day of February, 2017.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 4, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 5, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
27th day of February, 2018.
Witness my hand and seal this 27th day of February, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 5
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE
MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES
WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations
regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in
the Town;
WHEREAS, the Town Council desires to amend the Town Code to prohibit the
rental of EPAMDs without a permit issued by the Town;
WHEREAS, the Colorado General Assembly recently passed House Bill 17-
1151, which refines the definition of an Electric Assisted Bicycle and affords such mode
of transportation a presumption of allowance on bike and pedestrian paths in the state
unless a municipality provides otherwise; and
WHEREAS, the Town Council wishes to implement House Bill 17-1551.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7-
4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as
follows:
ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less,
fully operable pedals, and an electric motor not exceeding seven hundred
fifty (750) watts of power rating, and conforming to one of three classes as
follows:
A. "Class 1 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance only when
the rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty (20) miles per hour.
B. "Class 2 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance
regardless of whether the rider is pedaling but ceases to provide
assistance when the bicycle reaches a speed of twenty (20) miles per
hour.
C. "Class 3 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance only when
the rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty-eight (28) miles per hour.
Ordinance No. 5, Series of 2018
Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
Sec. 7-4-4. EPAMDS:
A. General Prohibition: It is unlawful for the owner of an EPAMD to
rent the EPAMD to any person in the Town unless the owner of the
EPAMD has obtained a permit from the Town in compliance with this
Section.
B. Permit: The Town will issue one permit to a commercial enterprise
owning EPAMDs and offering to the general public guided EPAMD tours
to groups of six (10) persons or less. As a condition of the permit, the
permittee shall: maintain the EPAMDs in safe working condition; require
that all EPAMD tour guides are certified EPAMD operators; ensure that
the EPAMDs operated by tour guides are equipped with operational
audible warning devices at all times; and ensure that the EPAMDs are
operated in compliance with all applicable law.
C. Prohibited Areas: EPAMDs are prohibited in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas or soft -surface trails;
6. Natural/unimproved areas; and
7. Streets and highways that are parts of the state highway
system.
D. Minimum Age: An EPAMD shall only be operated by persons
twelve (12) years of age or older.
Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are
hereby amended as follows:
7-4-5: ELECTRIC ASSISTED BICYCLES:
* * *
B. Bicycle and Pedestrian Paths: Notwithstanding any other provision
of this Chapter to the contrary, a person may operate a Class 1 or Class 2
electric assisted bicycle, with the motor activated, on any bicycle and
Ordinance No. 5, Series of 2018
pedestrian path in the Town, other than a bicycle and pedestrian path in
any of the prohibited areas set forth below. Class 3 electric assisted
bicycles are prohibited on all bicycle and pedestrian paths.
C. Prohibited Areas: It is unlawful for a person to operate an electric
assisted bicycle with the motor activated in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas or soft -surface trails;
6. Natural/unimproved areas; or
7. Sidewalks that are not part of a designated bicycle and
pedestrian path.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Ordinance No. 5, Series of 2018
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and
a public hearing for second reading of this Ordinance is set for the 6th day of March,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of March, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 5, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 5, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
7th day of March, 2018.
Witness my hand and seal this 7th day of March, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 5
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE
MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES
WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations
regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in
the Town;
WHEREAS, the Town Council desires to amend the Town Code to prohibit the
rental of EPAMDs without a permit issued by the Town;
WHEREAS, the Colorado General Assembly recently passed House Bill 17-
1151, which refines the definition of an Electric Assisted Bicycle and affords such mode
of transportation a presumption of allowance on bike and pedestrian paths in the state
unless a municipality provides otherwise; and
WHEREAS, the Town Council wishes to implement House Bill 17-1551.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7-
4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as
follows:
ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less,
fully operable pedals, and an electric motor not exceeding seven hundred
fifty (750) watts of power rating, and conforming to one of three classes as
follows:
A. "Class 1 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance only when
the rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty (20) miles per hour.
B. "Class 2 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance
regardless of whether the rider is pedaling but ceases to provide
assistance when the bicycle reaches a speed of twenty (20) miles per
hour.
C. "Class 3 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance only when
the rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty-eight (28) miles per hour.
Ordinance No. 5, Series of 2018
Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
Sec. 7-4-4. EPAMDS:
A. General Prohibition: It is unlawful for the owner of an EPAMD to
rent the EPAMD to any person in the Town unless the owner of the
EPAMD has obtained a permit from the Town in compliance with this
Section.
B. Permit: The Town will issue one permit to a commercial enterprise
owning EPAMDs and offering to the general public guided EPAMD tours
to groups of six (10) persons or less. As a condition of the permit, the
permittee shall: maintain the EPAMDs in safe working condition; require
that all EPAMD tour guides are certified EPAMD operators; ensure that
the EPAMDs operated by tour guides are equipped with operational
audible warning devices at all times; and ensure that the EPAMDs are
operated in compliance with all applicable law.
C. Prohibited Areas: EPAMDs are prohibited in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas or soft -surface trails;
6. Natural/unimproved areas; and
7. Streets and highways that are parts of the state highway
system.
D. Minimum Age: An EPAMD shall only be operated by persons
twelve (12) years of age or older.
Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are
hereby amended as follows:
7-4-5: ELECTRIC ASSISTED BICYCLES:
* * *
B. Bicycle and Pedestrian Paths: Notwithstanding any other provision
of this Chapter to the contrary, a person may operate a Class 1 or Class 2
electric assisted bicycle, with the motor activated, on any bicycle and
Ordinance No. 5, Series of 2018
pedestrian path in the Town, other than a bicycle and pedestrian path in
any of the prohibited areas set forth below. Class 3 electric assisted
bicycles are prohibited on all bicycle and pedestrian paths.
C. Prohibited Areas: It is unlawful for a person to operate an electric
assisted bicycle with the motor activated in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas or soft -surface trails;
6. Natural/unimproved areas; or
7. Sidewalks that are not part of a designated bicycle and
pedestrian path.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Ordinance No. 5, Series of 2018
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and
a public hearing for second reading of this Ordinance is set for the 6th day of March,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of March, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 5, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 6, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th
day of March, 2018.
Witness my hand and seal this 7th day of March, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 6
SERIES OF 2018
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, HOUSING FUND, HEAVY EQUIPMENT FUND, REAL
ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND OF THE 2018 BUDGET FOR
THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET
FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2018 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
Capital Projects Fund
Housing Fund
Real Estate Transfer Tax Fund
Heavy Equipment Fund
Dispatch Services Fund
Total
$ 231,700
18,281,422
5,154,049
7,665,260
143,500
550,000
$ 32,025,931
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
Ordinance No. 6, Series of 2018
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of March, 2017, and a public hearing shall be held on this Ordinance
on the 20h day of March, 2017, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 6, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 6, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
20th day of March, 2018.
Witness my hand and seal this 20th day of March, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 6
SERIES OF 2018
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, HOUSING FUND, HEAVY EQUIPMENT FUND, REAL
ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND OF THE 2018 BUDGET FOR
THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET
FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2018 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
Capital Projects Fund
Housing Fund
Real Estate Transfer Tax Fund
Heavy Equipment Fund
Dispatch Services Fund
Total
$ 391,700
18,736,519
5,654,049
7,710,163
143,500
550,000
$ 33,185,931
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
Ordinance No. 6, Series of 2018
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of March, 2018, and a public hearing shall be held on this Ordinance
on the 20th day of March, 2018, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th
day of March 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 6, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 7, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th
day of March, 2018.
Witness my hand and seal this 7th day of March, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 7
SERIES OF 2018
AN ORDINANCE TO AMEND TITLE 10, CHAPTER 1-3 OF THE VAIL TOWN CODE
THAT DETAILS THE ADOPTION, BY REFERENCE, OF THE 2015 INTERNATIONAL
RESIDENTIAL CODE.
WHEREAS, the 2015 edition of the International Residential Code has been
published;
WHEREAS, the Town's Building and Fire Code Appeals Board has
recommended an amendment of the code set forth in this ordinance; and
WHEREAS, the Vail Town Council finds that the amendment of the code in this
ordinance will promote the health, safety and general welfare of the public and promote
the coordinated and harmonious development of the Town in a manner that conserves
and enhances its natural environment and its established character as a resort and
residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL
CODE:
The following amendment is hereby made to the International Residential Code,
2015 Edition:
SECTION R302.1 — EXTERIOR WALLS: Section R302.1 is amended by the
addition of the following Exception: "6. Walls, projections, openings or penetrations of
two-family dwelling units with a lot line separating the units along the shared wall."
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as provided in
this ordinance, shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of March, 2018 and a
public hearing and second reading of this Ordinance set for the 20th day of March, 2018
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND
READING AND ORDERED PUBLISHED IN FULL this day of , 2018.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 7, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
20th day of March, 2018.
Witness my hand and seal this 20th day of March, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 7
SERIES OF 2018
AN ORDINANCE AMENDING SECTION 10-1-3 OF THE VAIL TOWN CODE TO ADD
AN AMENDMENT TO THE 2015 INTERNATIONAL RESIDENTIAL CODE
PREVIOUSLY ADOPTED BY THE TOWN BY REFERENCE
WHEREAS, the Town previously adopted the 2015 edition of the International
Residential Code by reference, with amendments; and
WHEREAS, the Town's Building and Fire Code Appeals Board has
recommended that the Town adopt an additional amendment to the 2015 edition of the
International Residential Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 10-1-3 of the Vail Town Code is hereby amended by the
addition of the following amendment to the International Residential Code, 2015 edition,
to be inserted in numerical order:
10-1-3: AMENDMENTS TO RESIDENTIAL CODE:
* * *
Section R302.1 — Exterior Walls: Section R302.1 is amended by the
addition of the following:
"Exception: 6. Walls, projections, openings or penetrations of two-
family dwelling units with a lot line separating the units along the
shared wall."
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
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repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of March, 2018 and a
public hearing and second reading of this Ordinance set for the 20th day of March, 2018
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND
READING AND ORDERED PUBLISHED IN FULL this 20th day of March, 2018.
ATTEST:
Patty McKenny, Town Clerk
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 8, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 4th
day of April, 2018.
Witness my hand and seal this 4th day of April, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 8
SERIES 2018
AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING
WIRELESS SERVICE FACILITIES
WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local
governments are authorized to regulate the placement, construction and modification of
personal wireless service facilities, provided that any such regulation does not
unreasonably discriminate among providers of functionally equivalent services, or
prohibit, or have the effect of prohibiting the provisions of personal wireless services;
WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of
2012 ("Section 6409") requires a local government to approve any eligible request for a
modification of an existing wireless tower or base station that does not "substantially
change" the physical dimensions of such tower or base station;
WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which
also provides certain mandatory procedural requirements and regulations for installation
of small cell facilities within public rights-of-way; and
WHEREAS, the Town Council wishes to establish a procedure for review of
applications for the installation of wireless service facilities within the Town in
compliance with the Act, Section 6409 and House Bill 17-1193.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 12 of the Vail Town Code is hereby amended by the addition
of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows:
CHAPTER 27
WIRELESS SERVICE FACILITIES
12-27-1: PURPOSE AND APPLICABILITY:
A Purpose. The purposes of this Chapter are: to allow the
location of wireless service facilities in the Town while protecting the public
health, safety, and general welfare of the community; to act on
applications for the location of wireless service facilities within a
reasonable time; to encourage co -location of wireless service facilities,
and to prevent unreasonable discrimination among providers of
functionally equivalent services.
B. Applicability. This Chapter applies to all WSFs, in addition to
all other applicable provisions of this Code.
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12-27-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ACCESSORY EQUIPMENT: Equipment, including buildings and
structures, used to protect and enable radio switching equipment, back up
power and other devices incidental to a WSF, but excluding antennae.
ANTENNA: Communications equipment that transmits or receives
electromagnetic radio frequency signals used to provide wireless service.
BASE STATION: A structure or equipment, other than a tower, at a fixed
location that enables FCC -licensed or authorized wireless
communications between user equipment and a communications network,
including equipment associated with wireless communications services,
including radio transceivers, antennae, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and
small-cell networks), and any structure, other than a tower, to which any of
the equipment described herein is attached.
BUILDING ROOF -MOUNTED WSF: A WSF that is mounted and
supported entirely on the roof of a legally existing building or structure.
BUILDING WALL -MOUNTED WSF: A WSF that is mounted and
supported entirely on the wall of a legally existing building or structure.
ELIGIBLE FACILITY REQUEST: A request for approval of the
modification of an existing tower or base station that involves the co -
location of new transmission equipment, the removal of transmission
equipment or the replacement of transmission equipment.
EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and
cabinets used to house WSF equipment.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
FREESTANDING WSF: A WSF that consists of a stand-alone support
structure such as a tower or monopole, and antennae and accessory
equipment.
MICRO WSF: A WSF that is no larger than twenty-four (24) inches in
length, fifteen (15) inches in width, and twelve (12) inches in height, with
exterior antenna, if any, of no more than eleven (11) inches in length.
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PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk,
easement or right-of-way dedicated to public use, including without
limitation access and utility easements.
SMALL CELL FACILITY: Either a personal wireless service facility as
defined by the federal Telecommunications Act of 1996, or a WSF where:
each antenna is located inside an enclosure of no more than three (3)
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and primary
equipment enclosures are no larger than seventeen (17) cubic feet in
volume. The following associated equipment may be located outside of
the primary equipment enclosure and, if so located, is not included in the
calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures, back-up
power systems, grounding equipment, power transfer switch, and cut-off
switch. A small cell facility includes a micro WSF.
SMALL CELL NETWORK: A collection of interrelated small cell facilities
designed to deliver wireless service.
SUBSTANTIAL CHANGE: A modification to an existing tower or base
station under the following circumstances:
1. A substantial change in the height of an existing tower or
base station occurs as follows:
a. For a tower outside of a public right-of-way, when the
height of the tower is increased by more than ten percent (10%), or
by the height of one (1) additional antenna array with separation
from the nearest existing antenna not to exceed twenty (20) feet,
whichever is greater.
b. For a tower located in a public right-of-way or a base
station, when the height of the structure increases by more than ten
percent (10%) or by more than ten (10) feet, whichever is greater.
2. Changes in height are measured as follows:
a. When deployments are separated horizontally,
changes in height shall be measured from the original support
structure, not from the height of any existing telecommunications
equipment.
b. When deployments are separated vertically, changes
in height shall be measured from the height of the tower or base
station, including any appurtenances, as the tower or base station
existed on February 22, 2012.
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3. A substantial change in the width of an existing tower or
base station occurs as follows:
a. For a tower outside of public rights-of-way, when the
addition of an appurtenance to the body of the tower protrudes from
the edge of the tower more than twenty (20) feet, or more than the
width of the tower structure at the level of the appurtenance,
whichever is greater.
b. For a tower in a public right-of-way or a base station,
when the addition of an appurtenance to the body of the structure
would protrude from the edge of the structure by more than six (6)
feet.
4. A substantial change also occurs for an existing tower in a
public right-of-way or an existing base station as follows:
a. When the change involves the installation of any new
equipment cabinets on the ground, if no ground cabinets presently
exist; or
b. When the change involves the installation of ground
cabinets that are more than ten percent (10%) larger in height or
overall volume than any existing ground cabinets.
5. A substantial change also occurs for any existing tower or
base station when any of the following are found:
a. When the change involves installation of more than
the standard number of new equipment cabinets for the technology
involved, or more than four (4) new cabinets, whichever is less.
b. When the change entails any excavation or
deployment outside the current site.
c. When the change would defeat the concealment
elements of the eligible support structure.
d. When the change does not comply with conditions
associated with the original approval of the construction or
modification of the tower, base station or base station equipment.
This limitation does not apply if the noncompliance is due to an
increase in height, increase in width, addition of cabinets, or new
excavation that would not exceed the thresholds identified in
subsections (1)-(5)(b) hereof.
TOWER: A structure built for the sole or primary purpose of supporting
any FCC -licensed or authorized antennae and their associated facilities,
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including structures that are constructed for wireless communications
services, including without limitation private, broadcast, public safety
services, unlicensed wireless services and fixed wireless services such as
microwave backhaul.
WIRELESS SERVICE: Data and telecommunications services, including
commercial mobile services, commercial mobile data services, unlicensed
wireless services, and common carrier wireless exchange access
services, as defined by federal law.
WIRELESS SERVICE FACILITY (WSF): A facility for the provision of
wireless services, including a small cell facility, excluding coaxial or fiber-
optic cable that is not immediately adjacent to or directly associated with a
particular antenna.
12-27-3: STANDARDS FOR ALL WSFS:
A. Compliance with law: All WSFs shall meet the current
standards of the FCC and any other applicable law. By adopting this
Section, the Town is not attempting to regulate radio frequency power
densities or electromagnetic fields, which are controlled by the FCC.
B. Verification: Upon a request by the Town at any time, a
WSF owner or operator shall verify that:
1. The WSF complies with current FCC regulations prohibiting
localized interference with reception of television and radio
broadcasts; and
2. The WSF complies with the current FCC standards for
cumulative field measurements of radio frequency power densities
and electromagnetic fields.
C. Applications:
1. An application to locate a new WSF not deemed to be an
eligible facility request shall be approved or denied by the Town
within ninety (90) days of the Town's receipt of a completed
application. This time period may be tolled by mutual agreement.
The time it takes for an applicant to respond to a first request for
additional information will not count toward the ninety (90) day
period set forth herein if the Town notifies the applicant of an
incomplete application.
2. Each WSF shall be evaluated for approval subject to the
standards set forth in this Code as well as current standards and
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regulations of the FCC and any other agency authorized to regulate
WSFs.
3. When an application for approval of any WSF is incomplete,
the Town shall provide written notice to the applicant within thirty
(30) days, specifically identifying all missing documents or
information. If an application remains incomplete after a
supplemental submission, the Town shall notify the applicant within
ten (10) days. Second or subsequent notices of incompleteness
may not require the production of documents or information that
were not requested in the original notice of incompleteness.
D. Criteria: In considering an application for approval of any
WSF, the Town shall base its decision on whether the WSF meets the
applicable standards as outlined in this Chapter and all other applicable
standards of the Code.
E. Denial: A final decision by the Town to deny any application
under this Chapter shall be in writing and supported by substantial
evidence contained in a written record.
12-27-4: FREESTANDING WSFS:
A. Review required: Prior to the location of a freestanding WSF
within the corporate limits of the town, design approval shall be required
per Chapter 11 of this Title.
B. Setbacks: A freestanding WSF located within two hundred
fifty (250) feet of property zoned for residential use shall be set back from
each property line one (1) foot of distance for every one (1) foot of height,
plus an additional ten (10) feet. A freestanding WSF located more than
two hundred fifty (250) feet from property zoned for residential use shall
meet the minimum setbacks for buildings and structures in the underlying
zone district.
12-27-5: BUILDING MOUNTED WSFS:
A. Review required: Prior to the location of a building mounted
WSF within the corporate limits of the town, design approval shall be
required per Chapter 11 of this Title.
B. All accessory equipment shall be placed inside a building if
feasible. Equipment storage shelters shall be grouped as closely as
technically possible, and the total area of all accessory equipment,
including storage shelters, shall not exceed four hundred (400) square feet
per WSF.
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12-27-6: SMALL CELL FACILITIES:
A. A telecommunications provider or broadband provider may
locate or collocate small cell facilities or small cell networks on light poles,
light standards, traffic signals, or utility poles owned by the Town in public
rights-of-way, subject to the following:
1. A small cell facility or a small cell network shall not be
located or mounted on an apparatus, pole, or signal with tolling
collection or enforcement equipment attached.
2. If upon inspection, the Town concludes that a WSF fails to
comply with applicable law and constitutes a danger to persons or
property, upon thirty (30) days' prior written notice to the owner or
operator, the owner or operator shall bring the WSF into
compliance. Upon good cause shown, the Town may extend such
compliance period for not more than ninety (90) days from the date
of said notice. If the owner or operator fails to bring the WSF into
compliance, the Town may remove the WSF at the expense of the
owner or operator.
B. The Town may contract with any telecommunications
provider concerning the attachment of small cell facilities to poles or
structures in the right-of-way. The Town shall not request or receive from
a telecommunications provider, in exchange for or as a condition upon a
grant of permission to attach a small cell facility, any in-kind payment or
payment in excess of the amount that would be authorized if the Town
were regulated pursuant to 47 U.S.C. § 224. A. General: An application
for approval of a WSF shall include all information regularly required for
other development applications, in addition to the following:
1. A written, narrative statement describing in detail how the
WSF will comply with the standards in this Chapter.
2. If requested by the Town, photographic simulations showing
the proposed WSF and, if applicable, the structure on which it will
be attached.
C. A telecommunications provider or broadband provider may
file a consolidated application for a single permit for a small cell network
involving multiple individual small cell facilities. However, each small cell
facility individually is subject to review for compliance with this Chapter.
12-27-7: MICRO WSFS:
A. No permit shall be required for the installation, placement,
operation, maintenance, or replacement of a micro WSF that is suspended
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on cable operator -owned cables or lines that are strung between existing
utility poles in compliance with applicable law.
B. The Town may require a permit for installation, placement,
operation, maintenance, or replacement of a micro WSF where the
installation, placement, operation, maintenance, or replacement:
1. Involves working within a highway travel lane or requires the
closure of a highway travel lane;
2. Disturbs the pavement or a shoulder, roadway, or ditch line;
3. Includes placement on limited access rights-of-way; or
4. Requires any specific precautions to ensure the safety of the
traveling public; the protection of public infrastructure; or the
operation of public infrastructure; and such activities either were not
authorized in, or will be conducted in a time, place, or manner that
is inconsistent with, the approval terms of the existing permit for the
facility or structure upon which the micro WSF is attached.
12-27-8: ELIGIBLE FACILITY REQUESTS:
A. Time: An eligible facility request shall be approved or denied
by the Town within sixty (60) days of the Town's receipt of the completed
application. This time period may be tolled only by mutual agreement or
when an application is incomplete. If the Town fails to approve or deny an
eligible facility request within sixty (60) days of the Town's receipt of the
completed application (accounting for any tolling), the request shall be
deemed granted; provided that this automatic approval shall become
effective only upon the Town's receipt of written notice from the applicant
after the review period has expired (accounting for any tolling) indicating
that the application has been deemed granted.
B. Approval:
1. The Town shall approve an eligible facility request that does
not substantially change the physical dimensions of a tower or base
station.
2. The Town may approve an eligible facility request that
substantially changes the physical dimensions of a tower or base
station if it complies with the remainder of this Code.
3. The Town may condition the approval of any eligible facility
request on compliance with generally applicable building, structural,
electrical, and safety codes or with other laws codifying objective
standards reasonably related to health and safety.
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Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2018
and a public hearing for second reading of this Ordinance is set for the day of
, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 8, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
5th day of July, 2018.
Witness my hand and seal this 5th day of July, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 8
SERIES 2018
AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING
WIRELESS SERVICE FACILITIES
WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local
governments are authorized to regulate the placement, construction and modification of
personal wireless service facilities, provided that any such regulation does not
unreasonably discriminate among providers of functionally equivalent services, or
prohibit, or have the effect of prohibiting the provisions of personal wireless services;
WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of
2012 ("Section 6409") requires a local government to approve any eligible request for a
modification of an existing wireless tower or base station that does not "substantially
change" the physical dimensions of such tower or base station;
WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which
also provides certain mandatory procedural requirements and regulations for installation
of small cell facilities within public rights-of-way; and
WHEREAS, the Town Council wishes to establish a procedure for review of
applications for the installation of wireless service facilities within the Town in
compliance with the Act, Section 6409 and House Bill 17-1193.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 12 of the Vail Town Code is hereby amended by the addition
of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows:
CHAPTER 27
WIRELESS SERVICE FACILITIES
12-27-1: PURPOSE AND APPLICABILITY:
A Purpose. The purposes of this Chapter are: to allow the
location of wireless service facilities in the Town while protecting the public
health, safety, and general welfare of the community; to act on
applications for the location of wireless service facilities within a
reasonable time; to encourage co -location of wireless service facilities,
and to prevent unreasonable discrimination among providers of
functionally equivalent services.
B. Applicability. This Chapter applies to all WSFs, in addition to
all other applicable provisions of this Code.
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12-27-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ACCESSORY EQUIPMENT: Equipment, including buildings and
structures, used to protect and enable radio switching equipment, back up
power and other devices incidental to a WSF, but excluding antennae.
ANTENNA: Communications equipment that transmits or receives
electromagnetic radio frequency signals used to provide wireless service.
BASE STATION: A structure or equipment, other than a tower, at a fixed
location that enables FCC -licensed or authorized wireless
communications between user equipment and a communications network,
including equipment associated with wireless communications services,
including radio transceivers, antennae, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and
small-cell networks), and any structure, other than a tower, to which any of
the equipment described herein is attached.
BUILDING MOUNTED WSF: A WSF that is mounted and supported
entirely on the roof of a legally existing building or structure or on the wall
of a legally existing building or structure.
ELIGIBLE FACILITY REQUEST: A request for approval of the
modification of an existing tower or base station that involves the co -
location of new transmission equipment, the removal of transmission
equipment or the replacement of transmission equipment.
EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and
cabinets used to house WSF equipment.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
FREESTANDING WSF: A WSF that consists of a stand-alone support
structure such as a tower or monopole, and antennae and accessory
equipment.
MICRO WSF: A WSF that is no larger than twenty-four (24) inches in
length, fifteen (15) inches in width, and twelve (12) inches in height, with
exterior antenna, if any, of no more than eleven (11) inches in length.
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PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk,
easement or right-of-way dedicated to public use, including without
limitation access and utility easements.
SMALL CELL FACILITY: Either a personal wireless service facility as
defined by the federal Telecommunications Act of 1996, or a WSF where:
each antenna is located inside an enclosure of no more than three (3)
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and primary
equipment enclosures are no larger than seventeen (17) cubic feet in
volume; provided that the following associated equipment may be located
outside of the primary equipment enclosure and, if so located, is not
included in the calculation of equipment volume: electric meter,
concealment, telecommunications demarcation box, ground-based
enclosures, back-up power systems, grounding equipment, power transfer
switch, and cut-off switch. A small cell facility includes a micro WSF.
SMALL CELL NETWORK: A collection of interrelated small cell facilities
designed to deliver wireless service.
SUBSTANTIAL CHANGE: A modification to an existing tower or base
station under the following circumstances:
1. A substantial change in the height of an existing tower or
base station occurs as follows:
a. For a tower outside of a public right-of-way, when the
height of the tower is increased by more than ten percent (10%), or
by the height of one (1) additional antenna array with separation
from the nearest existing antenna not to exceed twenty (20) feet,
whichever is greater.
b. For a tower located in a public right-of-way or a base
station, when the height of the structure increases by more than ten
percent (10%) or by more than ten (10) feet, whichever is greater.
2. Changes in height are measured as follows:
a. When deployments are separated horizontally,
changes in height shall be measured from the original support
structure, not from the height of any existing telecommunications
equipment.
b. When deployments are separated vertically, changes
in height shall be measured from the height of the tower or base
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station, including any appurtenances, as the tower or base station
existed on February 22, 2012.
3. A substantial change in the width of an existing tower or
base station occurs as follows:
a. For a tower outside of public rights-of-way, when the
addition of an appurtenance to the body of the tower protrudes from
the edge of the tower more than twenty (20) feet, or more than the
width of the tower structure at the level of the appurtenance,
whichever is greater.
b. For a tower in a public right-of-way or a base station,
when the addition of an appurtenance to the body of the structure
would protrude from the edge of the structure by more than six (6)
feet.
4. A substantial change also occurs for an existing tower in a
public right-of-way or an existing base station as follows:
a. When the change involves the installation of any new
equipment cabinets on the ground, if no ground cabinets presently
exist; or
b. When the change involves the installation of ground
cabinets that are more than ten percent (10%) larger in height or
overall volume than any existing ground cabinets.
5. A substantial change also occurs for any existing tower or
base station when any of the following are found:
a. When the change involves installation of more than
the standard number of new equipment cabinets for the technology
involved, or more than four (4) new cabinets, whichever is less.
b. When the change entails any excavation or
deployment outside the current site.
c. When the change would defeat the concealment
elements of the eligible support structure.
d. When the change does not comply with conditions
associated with the original approval of the construction or
modification of the tower, base station or base station equipment.
This limitation does not apply if the noncompliance is due to an
increase in height, increase in width, addition of cabinets, or new
excavation that would not exceed the thresholds identified in
subsections (1)-(5)(b) hereof.
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TOWER: A structure built for the sole or primary purpose of supporting
any FCC -licensed or authorized antennae and their associated facilities,
including structures that are constructed for wireless communications
services, including without limitation private, broadcast, public safety
services, unlicensed wireless services and fixed wireless services such as
microwave backhaul.
WIRELESS SERVICE: Data and telecommunications services, including
commercial mobile services, commercial mobile data services, unlicensed
wireless services, and common carrier wireless exchange access
services, as defined by federal law.
WIRELESS SERVICE FACILITY (WSF): A facility for the provision of
wireless services, including a small cell facility, excluding coaxial or fiber-
optic cable that is not immediately adjacent to or directly associated with a
particular antenna.
12-27-3: STANDARDS FOR ALL WSFS:
A. Compliance with law: All WSFs shall meet the current
standards of the FCC and any other applicable law. By adopting this
Section, the Town is not attempting to regulate radio frequency power
densities or electromagnetic fields, which are controlled by the FCC.
B. Verification: Upon a request by the Town at any time, a
WSF owner or operator shall verify that:
1. The WSF complies with current FCC regulations prohibiting
localized interference with reception of television and radio
broadcasts; and
2. The WSF complies with the current FCC standards for
cumulative field measurements of radio frequency power densities
and electromagnetic fields.
C. Applications:
1. An application to locate a new WSF not deemed to be an
eligible facility request shall be approved or denied by the Town
within ninety (90) days of the Town's receipt of a completed
application. This time period may be tolled by mutual agreement.
The time it takes for an applicant to respond to a first request for
additional information will not count toward the ninety (90) day
period set forth herein if the Town notifies the applicant of an
incomplete application.
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2. An application for approval of a WSF shall include all
information regularly required for other development applications, in
addition to the following: a written, narrative statement describing
in detail how the WSF will comply with the standards in this
Chapter; and if requested by the Town for any WSF other than a
small cell facility, photographic simulations showing the proposed
WSF and, if applicable, the structure on which it will be attached.
3. When an application for approval of any WSF is incomplete,
the Town shall provide written notice to the applicant within thirty
(30) days, specifically identifying all missing documents or
information. If an application remains incomplete after a
supplemental submission, the Town shall notify the applicant within
ten (10) days. Second or subsequent notices of incompleteness
may not require the production of documents or information that
were not requested in the original notice of incompleteness.
D. Denial: A final decision by the Town to deny any application
under this Chapter shall be in writing and supported by substantial
evidence contained in a written record.
12-27-4: FREESTANDING WSFS:
A. Design review required: Prior to the location of a
freestanding WSF in any zone district, design approval shall be required
pursuant to Chapter 11 of this Title.
B. Setbacks: A freestanding WSF located within two hundred
fifty (250) feet of property zoned for residential use shall be set back from
each property line one (1) foot of distance for every one (1) foot of height,
plus an additional ten (10) feet. A freestanding WSF located more than
two hundred fifty (250) feet from property zoned for residential use shall
meet the minimum setbacks for buildings and structures in the underlying
zone district.
C. Maximum height: A freestanding WSF, including antennae,
shall not exceed the maximum structure height limit in the underlying zone
district. In no case shall a freestanding WSF, including its appurtenances,
exceed one hundred (100) feet in height.
12-27-5: BUILDING MOUNTED WSFS:
A. Design review required: Prior to the location of a building
mounted WSF in any zone district, design approval shall be required
pursuant to Chapter 11 of this Title.
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B. Equipment: All accessory equipment shall be placed inside
a building if feasible. Equipment storage shelters shall be grouped as
closely as technically possible, and the total area of all accessory
equipment, including storage shelters, shall not exceed four hundred (400)
square feet per WSF.
12-27-6: SMALL CELL FACILITIES:
A. Small cell facilities shall be considered a permitted use in all
zone districts. A permit shall be required for all small cell facilities, and
each small cell facility is subject to review for compliance with this
Chapter; provided that a consolidated application for a single permit may
be filed for a small cell network involving multiple individual small cell
facilities.
B. If a small cell facility (or each small cell facility in a small cell
network) complies with the following criteria, the Town shall issue a
permit:
1. All equipment related to the small cell facility is as
architecturally compatible with the surrounding area as feasible;
2. All electrical, communication, and other wiring including
radios, antennae and backhaul connections, shall be fully
concealed, internal to the structure, where possible and shrouded
in all other instances;
3. The facility shall be sited in a manner that takes into
consideration its proximity to residential structures and residential
district boundaries, uses on adjacent and nearby properties, and
the compatibility of the facility to these uses, including without
limitation the proximity of the facility to first and second story
windows;
4. The facility and any associated equipment shall be designed
and located outside of intersection sight distances and in
accordance with the Town's applicable roadway design criteria; and
5. The facility and any associated equipment shall be designed
to be compatible with the site, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
C. A telecommunications provider or broadband provider may
locate or collocate small cell facilities or small cell networks on light poles,
light standards, traffic signals, or utility poles owned by the Town in public
rights-of-way, subject to the following:
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1. A small cell facility or a small cell network shall not be
located or mounted on an apparatus, pole, or signal with tolling
collection or enforcement equipment attached.
2. A license agreement with the Town shall be required to
address the attachment of small cell facilities to any Town -owned
poles or structures in the right-of-way. The Town shall not request
or receive from a telecommunications provider, in exchange for or
as a condition upon a grant of permission to attach a small cell
facility, any in-kind payment or payment in excess of the amount
that would be authorized if the Town were regulated pursuant to 47
U.S.C. § 224. The license agreement may include design
standards for the small cell facilities.
3. If upon inspection, the Town concludes that a WSF fails to
comply with applicable law and constitutes a danger to persons or
property, upon thirty (30) days' prior written notice to the owner or
operator, the owner or operator shall bring the WSF into
compliance. Upon good cause shown, the Town may extend such
compliance period for not more than ninety (90) days from the date
of said notice. If the owner or operator fails to bring the WSF into
compliance, the Town may remove the WSF at the expense of the
owner or operator.
12-27-7: MICRO WSFS:
A. No permit shall be required for the installation, placement,
operation, maintenance, or replacement of a micro WSF that is suspended
on cable operator -owned cables or lines that are strung between existing
utility poles in compliance with applicable law.
B. Notwithstanding the foregoing, the Town may require a
permit for installation, placement, operation, maintenance, or replacement
of a micro WSF where the installation, placement, operation,
maintenance, or replacement:
1. Involves working within a highway travel lane or requires the
closure of a highway travel lane;
2. Disturbs the pavement or a shoulder, roadway, or ditch line;
3. Includes placement on limited access rights-of-way; or
4. Requires any specific precautions to ensure the safety of the
traveling public; the protection of public infrastructure; or the
operation of public infrastructure; and such activities either were not
authorized in, or will be conducted in a time, place, or manner that
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is inconsistent with, the approval terms of the existing permit for the
facility or structure upon which the micro WSF is attached.
12-27-8: ELIGIBLE FACILITY REQUESTS:
A. Time: An eligible facility request shall be approved or denied
by the Town within sixty (60) days of the Town's receipt of the initial
application. This time period may be tolled only by mutual agreement or
when an application is incomplete. If the Town fails to approve or deny an
eligible facility request within sixty (60) days of the Town's receipt of the
completed application (accounting for any tolling), the request shall be
deemed granted; provided that this automatic approval shall become
effective only upon the Town's receipt of written notice from the applicant
after the review period has expired (accounting for any tolling) indicating
that the application has been deemed granted.
B. Approval: The following standards shall apply to an eligible
facility request, in lieu of any other provisions of this Chapter:
1. The Town shall approve an eligible facility request that does
not substantially change the physical dimensions of a tower or base
station.
2. The Town may approve an eligible facility request that
substantially changes the physical dimensions of a tower or base
station if it complies with the remainder of this Code.
3. The Town may condition the approval of any eligible facility
request on compliance with generally applicable building, structural,
electrical, and safety codes or with other laws codifying objective
standards reasonably related to health and safety.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
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Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2018 and a
public hearing for second reading of this Ordinance is set for the 3rd day of July, 2018, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of July, 2018.
ATTEST:
Patty McKenny, Town Clerk
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Dave Chapin, Mayor
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 9, Series of
2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
17th day of April, 2018.
Witness my hand and seal this 17th day of April, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 9
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4
REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING
WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate
Bill 17-027, regarding the misuse of wireless telephones while driving; and
WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill
17-027.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-2B, to read as follows:
7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING:
A. As used in this Section, the following terms shall have the following
meanings:
1. "Emergency" means a situation in which a person: has
reason to fear for such person's life or safety or believes that a criminal act
may be perpetrated against such person or another person, requiring the
use of a wireless telephone while the car is moving; or reports a fire, a
traffic accident in which one or more injuries are apparent, a serious road
hazard, a medical or hazardous materials emergency, or a person who is
driving in a reckless, careless, or otherwise unsafe manner.
2. "Operating a motor vehicle" means driving a motor vehicle
on a public street, roadway or highway, but "operating a motor vehicle"
does not include maintaining the instruments of control while the motor
vehicle is at rest in a shoulder lane or lawfully parked.
3. "Use" means talking on or listening to a wireless telephone
or engaging a wireless telephone for text messaging or other similar forms
of manual data entry or transmission.
4. "Wireless telephone" means a telephone that operates
without a physical, wireline connection to the provider's equipment,
including without limitation cellular and mobile telephones.
B. A person under eighteen (18) years of age shall not use a wireless
telephone while operating a motor vehicle, except if the person is using
the wireless telephone to contact a public safety entity or during an
1
Ordinance No. 9, Series of 2018
emergency. An operator of a motor vehicle shall not be cited for a
violation of this Subsection unless a law enforcement officer saw the
operator use a wireless telephone.
C. A person shall not use a wireless telephone for the purpose of
engaging in text messaging or other similar forms of manual data entry or
transmission while operating a motor vehicle, unless the person is using
the wireless telephone to contact a public safety entity or during an
emergency. An operator of a motor vehicle shall not be cited for a
violation of this Subsection unless a law enforcement officer saw the
operator use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or transmission in a
manner that caused the operator to drive in a careless and imprudent
manner, without due regard for the width, grade, curves, corners, traffic,
and use of the streets and highways and all other attendant
circumstances.
D. This Section shall not be construed to authorize the seizure and
forfeiture of a wireless telephone unless otherwise provided by law.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
2
Ordinance No. 9, Series of 2018
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a
public hearing for second reading of this Ordinance is set for the 8th day of May, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
3
Ordinance No. 9, Series of 2018
Dave Chapin, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 9, Series of
2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the
2nd day of May, 2018.
Witness my hand and seal this 2nd day of May, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 9
SERIES 2017
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4
REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING
WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate
Bill 17-027, regarding the misuse of wireless telephones while driving; and
WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill
17-027.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-2B, to read as follows:
7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING:
A. As used in this Section, the following terms shall have the following
meanings:
1. "Emergency" means a situation in which a person: has
reason to fear for such person's life or safety or believes that a criminal act
may be perpetrated against such person or another person, requiring the
use of a wireless telephone while the car is moving; or reports a fire, a
traffic accident in which one or more injuries are apparent, a serious road
hazard, a medical or hazardous materials emergency, or a person who is
driving in a reckless, careless, or otherwise unsafe manner.
2. "Operating a motor vehicle" means driving a motor vehicle
on a public street, roadway or highway, but "operating a motor vehicle"
does not include maintaining the instruments of control while the motor
vehicle is at rest in a shoulder lane or lawfully parked.
3. "Use" means talking on or listening to a wireless telephone
or engaging a wireless telephone for text messaging or other similar forms
of manual data entry or transmission.
4. "Wireless telephone" means a telephone that operates
without a physical, wireline connection to the provider's equipment,
including without limitation cellular and mobile telephones.
B. A person under eighteen (18) years of age shall not use a wireless
telephone while operating a motor vehicle, except if the person is using
the wireless telephone to contact a public safety entity or during an
Ordinance No. 9 Series of 2018
emergency. An operator of a motor vehicle shall not be cited for a
violation of this Subsection unless a law enforcement officer saw the
operator use a wireless telephone.
C. A person shall not use a wireless telephone for the purpose of
engaging in text messaging or other similar forms of manual data entry or
transmission while operating a motor vehicle, unless the person is using
the wireless telephone to contact a public safety entity or during an
emergency. An operator of a motor vehicle shall not be cited for a
violation of this Subsection unless a law enforcement officer saw the
operator use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or transmission in a
manner that caused the operator to drive in a careless and imprudent
manner, without due regard for the width, grade, curves, corners, traffic,
and use of the streets and highways and all other attendant
circumstances.
D. This Section shall not be construed to authorize the seizure and
forfeiture of a wireless telephone unless otherwise provided by law.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Ordinance No. 9 Series of 2018
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a
public hearing for second reading of this Ordinance is set for the 2nd day of May, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of May, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 9 Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
20th day of July, 2018.
Witness my hand and seal this 20th day of June, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 11
SERIES OF 2018
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX
FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE FUND OF THE 2018 BUDGET
FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS
SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2018 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
Capital Projects Fund
Housing Fund
Real Estate Transfer Tax Fund
Timber Ridge Fund
Dispatch Services Fund
Total
$ 341,202
3,992,629
1,500,000
222,059
8,000
4,981
$ 6,068,871
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
Ordinance No. 11, Series of 2018
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 19th day of June, 2018, and a public hearing shall be held on this Ordinance
on the 3rd day of July, 2018, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd
day of July 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 5th day of July, 2018.
Witness my hand and seal this 5th day of July, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 8
SERIES 2018
AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING
WIRELESS SERVICE FACILITIES
WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local
governments are authorized to regulate the placement, construction and modification of
personal wireless service facilities, provided that any such regulation does not
unreasonably discriminate among providers of functionally equivalent services, or
prohibit, or have the effect of prohibiting the provisions of personal wireless services;
WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of
2012 ("Section 6409") requires a local government to approve any eligible request for a
modification of an existing wireless tower or base station that does not "substantially
change" the physical dimensions of such tower or base station;
WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which
also provides certain mandatory procedural requirements and regulations for installation
of small cell facilities within public rights-of-way; and
WHEREAS, the Town Council wishes to establish a procedure for review of
applications for the installation of wireless service facilities within the Town in
compliance with the Act, Section 6409 and House Bill 17-1193.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 12 of the Vail Town Code is hereby amended by the addition
of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows:
CHAPTER 27
WIRELESS SERVICE FACILITIES
12-27-1: PURPOSE AND APPLICABILITY:
A Purpose. The purposes of this Chapter are: to allow the
location of wireless service facilities in the Town while protecting the public
health, safety, and general welfare of the community; to act on
applications for the location of wireless service facilities within a
reasonable time; to encourage co -location of wireless service facilities,
and to prevent unreasonable discrimination among providers of
functionally equivalent services.
B. Applicability. This Chapter applies to all WSFs, in addition to
all other applicable provisions of this Code.
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12-27-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ACCESSORY EQUIPMENT: Equipment, including buildings and
structures, used to protect and enable radio switching equipment, back up
power and other devices incidental to a WSF, but excluding antennae.
ANTENNA: Communications equipment that transmits or receives
electromagnetic radio frequency signals used to provide wireless service.
BASE STATION: A structure or equipment, other than a tower, at a fixed
location that enables FCC -licensed or authorized wireless
communications between user equipment and a communications network,
including equipment associated with wireless communications services,
including radio transceivers, antennae, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and
small-cell networks), and any structure, other than a tower, to which any of
the equipment described herein is attached.
BUILDING MOUNTED WSF: A WSF that is mounted and supported
entirely on the roof of a legally existing building or structure or on the wall
of a legally existing building or structure.
ELIGIBLE FACILITY REQUEST: A request for approval of the
modification of an existing tower or base station that involves the co -
location of new transmission equipment, the removal of transmission
equipment or the replacement of transmission equipment.
EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and
cabinets used to house WSF equipment.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
FREESTANDING WSF: A WSF that consists of a stand-alone support
structure such as a tower or monopole, and antennae and accessory
equipment.
MICRO WSF: A WSF that is no larger than twenty-four (24) inches in
length, fifteen (15) inches in width, and twelve (12) inches in height, with
exterior antenna, if any, of no more than eleven (11) inches in length.
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PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk,
easement or right-of-way dedicated to public use, including without
limitation access and utility easements.
SMALL CELL FACILITY: Either a personal wireless service facility as
defined by the federal Telecommunications Act of 1996, or a WSF where:
each antenna is located inside an enclosure of no more than three (3)
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and primary
equipment enclosures are no larger than seventeen (17) cubic feet in
volume; provided that the following associated equipment may be located
outside of the primary equipment enclosure and, if so located, is not
included in the calculation of equipment volume: electric meter,
concealment, telecommunications demarcation box, ground-based
enclosures, back-up power systems, grounding equipment, power transfer
switch, and cut-off switch. A small cell facility includes a micro WSF.
SMALL CELL NETWORK: A collection of interrelated small cell facilities
designed to deliver wireless service.
SUBSTANTIAL CHANGE: A modification to an existing tower or base
station under the following circumstances:
1. A substantial change in the height of an existing tower or
base station occurs as follows:
a. For a tower outside of a public right-of-way, when the
height of the tower is increased by more than ten percent (10%), or
by the height of one (1) additional antenna array with separation
from the nearest existing antenna not to exceed twenty (20) feet,
whichever is greater.
b. For a tower located in a public right-of-way or a base
station, when the height of the structure increases by more than ten
percent (10%) or by more than ten (10) feet, whichever is greater.
2. Changes in height are measured as follows:
a. When deployments are separated horizontally,
changes in height shall be measured from the original support
structure, not from the height of any existing telecommunications
equipment.
b. When deployments are separated vertically, changes
in height shall be measured from the height of the tower or base
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station, including any appurtenances, as the tower or base station
existed on February 22, 2012.
3. A substantial change in the width of an existing tower or
base station occurs as follows:
a. For a tower outside of public rights-of-way, when the
addition of an appurtenance to the body of the tower protrudes from
the edge of the tower more than twenty (20) feet, or more than the
width of the tower structure at the level of the appurtenance,
whichever is greater.
b. For a tower in a public right-of-way or a base station,
when the addition of an appurtenance to the body of the structure
would protrude from the edge of the structure by more than six (6)
feet.
4. A substantial change also occurs for an existing tower in a
public right-of-way or an existing base station as follows:
a. When the change involves the installation of any new
equipment cabinets on the ground, if no ground cabinets presently
exist; or
b. When the change involves the installation of ground
cabinets that are more than ten percent (10%) larger in height or
overall volume than any existing ground cabinets.
5. A substantial change also occurs for any existing tower or
base station when any of the following are found:
a. When the change involves installation of more than
the standard number of new equipment cabinets for the technology
involved, or more than four (4) new cabinets, whichever is less.
b. When the change entails any excavation or
deployment outside the current site.
c. When the change would defeat the concealment
elements of the eligible support structure.
d. When the change does not comply with conditions
associated with the original approval of the construction or
modification of the tower, base station or base station equipment.
This limitation does not apply if the noncompliance is due to an
increase in height, increase in width, addition of cabinets, or new
excavation that would not exceed the thresholds identified in
subsections (1)-(5)(b) hereof.
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TOWER: A structure built for the sole or primary purpose of supporting
any FCC -licensed or authorized antennae and their associated facilities,
including structures that are constructed for wireless communications
services, including without limitation private, broadcast, public safety
services, unlicensed wireless services and fixed wireless services such as
microwave backhaul.
WIRELESS SERVICE: Data and telecommunications services, including
commercial mobile services, commercial mobile data services, unlicensed
wireless services, and common carrier wireless exchange access
services, as defined by federal law.
WIRELESS SERVICE FACILITY (WSF): A facility for the provision of
wireless services, including a small cell facility, excluding coaxial or fiber-
optic cable that is not immediately adjacent to or directly associated with a
particular antenna.
12-27-3: STANDARDS FOR ALL WSFS:
A. Compliance with law: All WSFs shall meet the current
standards of the FCC and any other applicable law. By adopting this
Section, the Town is not attempting to regulate radio frequency power
densities or electromagnetic fields, which are controlled by the FCC.
B. Verification: Upon a request by the Town at any time, a
WSF owner or operator shall verify that:
1. The WSF complies with current FCC regulations prohibiting
localized interference with reception of television and radio
broadcasts; and
2. The WSF complies with the current FCC standards for
cumulative field measurements of radio frequency power densities
and electromagnetic fields.
C. Applications:
1. An application to locate a new WSF not deemed to be an
eligible facility request shall be approved or denied by the Town
within ninety (90) days of the Town's receipt of a completed
application. This time period may be tolled by mutual agreement.
The time it takes for an applicant to respond to a first request for
additional information will not count toward the ninety (90) day
period set forth herein if the Town notifies the applicant of an
incomplete application.
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2. An application for approval of a WSF shall include all
information regularly required for other development applications, in
addition to the following: a written, narrative statement describing
in detail how the WSF will comply with the standards in this
Chapter; and if requested by the Town for any WSF other than a
small cell facility, photographic simulations showing the proposed
WSF and, if applicable, the structure on which it will be attached.
3. When an application for approval of any WSF is incomplete,
the Town shall provide written notice to the applicant within thirty
(30) days, specifically identifying all missing documents or
information. If an application remains incomplete after a
supplemental submission, the Town shall notify the applicant within
ten (10) days. Second or subsequent notices of incompleteness
may not require the production of documents or information that
were not requested in the original notice of incompleteness.
D. Denial: A final decision by the Town to deny any application
under this Chapter shall be in writing and supported by substantial
evidence contained in a written record.
12-27-4: FREESTANDING WSFS:
A. Design review required: Prior to the location of a
freestanding WSF in any zone district, design approval shall be required
pursuant to Chapter 11 of this Title.
B. Setbacks: A freestanding WSF located within two hundred
fifty (250) feet of property zoned for residential use shall be set back from
each property line one (1) foot of distance for every one (1) foot of height,
plus an additional ten (10) feet. A freestanding WSF located more than
two hundred fifty (250) feet from property zoned for residential use shall
meet the minimum setbacks for buildings and structures in the underlying
zone district.
C. Maximum height: A freestanding WSF, including antennae,
shall not exceed the maximum structure height limit in the underlying zone
district. In no case shall a freestanding WSF, including its appurtenances,
exceed one hundred (100) feet in height.
12-27-5: BUILDING MOUNTED WSFS:
A. Design review required: Prior to the location of a building
mounted WSF in any zone district, design approval shall be required
pursuant to Chapter 11 of this Title.
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B. Equipment: All accessory equipment shall be placed inside
a building if feasible. Equipment storage shelters shall be grouped as
closely as technically possible, and the total area of all accessory
equipment, including storage shelters, shall not exceed four hundred (400)
square feet per WSF.
12-27-6: SMALL CELL FACILITIES:
A. Small cell facilities shall be considered a permitted use in all
zone districts. A permit shall be required for all small cell facilities, and
each small cell facility is subject to review for compliance with this
Chapter; provided that a consolidated application for a single permit may
be filed for a small cell network involving multiple individual small cell
facilities.
B. If a small cell facility (or each small cell facility in a small cell
network) complies with the following criteria, the Town shall issue a
permit:
1. All equipment related to the small cell facility is as
architecturally compatible with the surrounding area as feasible;
2. All electrical, communication, and other wiring including
radios, antennae and backhaul connections, shall be fully
concealed, internal to the structure, where possible and shrouded
in all other instances;
3. The facility shall be sited in a manner that takes into
consideration its proximity to residential structures and residential
district boundaries, uses on adjacent and nearby properties, and
the compatibility of the facility to these uses, including without
limitation the proximity of the facility to first and second story
windows;
4. The facility and any associated equipment shall be designed
and located outside of intersection sight distances and in
accordance with the Town's applicable roadway design criteria; and
5. The facility and any associated equipment shall be designed
to be compatible with the site, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
C. A telecommunications provider or broadband provider may
locate or collocate small cell facilities or small cell networks on light poles,
light standards, traffic signals, or utility poles owned by the Town in public
rights-of-way, subject to the following:
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1. A small cell facility or a small cell network shall not be
located or mounted on an apparatus, pole, or signal with tolling
collection or enforcement equipment attached.
2. A license agreement with the Town shall be required to
address the attachment of small cell facilities to any Town -owned
poles or structures in the right-of-way. The Town shall not request
or receive from a telecommunications provider, in exchange for or
as a condition upon a grant of permission to attach a small cell
facility, any in-kind payment or payment in excess of the amount
that would be authorized if the Town were regulated pursuant to 47
U.S.C. § 224. The license agreement may include design
standards for the small cell facilities.
3. If upon inspection, the Town concludes that a WSF fails to
comply with applicable law and constitutes a danger to persons or
property, upon thirty (30) days' prior written notice to the owner or
operator, the owner or operator shall bring the WSF into
compliance. Upon good cause shown, the Town may extend such
compliance period for not more than ninety (90) days from the date
of said notice. If the owner or operator fails to bring the WSF into
compliance, the Town may remove the WSF at the expense of the
owner or operator.
12-27-7: MICRO WSFS:
A. No permit shall be required for the installation, placement,
operation, maintenance, or replacement of a micro WSF that is suspended
on cable operator -owned cables or lines that are strung between existing
utility poles in compliance with applicable law.
B. Notwithstanding the foregoing, the Town may require a
permit for installation, placement, operation, maintenance, or replacement
of a micro WSF where the installation, placement, operation,
maintenance, or replacement:
1. Involves working within a highway travel lane or requires the
closure of a highway travel lane;
2. Disturbs the pavement or a shoulder, roadway, or ditch line;
3. Includes placement on limited access rights-of-way; or
4. Requires any specific precautions to ensure the safety of the
traveling public; the protection of public infrastructure; or the
operation of public infrastructure; and such activities either were not
authorized in, or will be conducted in a time, place, or manner that
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is inconsistent with, the approval terms of the existing permit for the
facility or structure upon which the micro WSF is attached.
12-27-8: ELIGIBLE FACILITY REQUESTS:
A. Time: An eligible facility request shall be approved or denied
by the Town within sixty (60) days of the Town's receipt of the initial
application. This time period may be tolled only by mutual agreement or
when an application is incomplete. If the Town fails to approve or deny an
eligible facility request within sixty (60) days of the Town's receipt of the
completed application (accounting for any tolling), the request shall be
deemed granted; provided that this automatic approval shall become
effective only upon the Town's receipt of written notice from the applicant
after the review period has expired (accounting for any tolling) indicating
that the application has been deemed granted.
B. Approval: The following standards shall apply to an eligible
facility request, in lieu of any other provisions of this Chapter:
1. The Town shall approve an eligible facility request that does
not substantially change the physical dimensions of a tower or base
station.
2. The Town may approve an eligible facility request that
substantially changes the physical dimensions of a tower or base
station if it complies with the remainder of this Code.
3. The Town may condition the approval of any eligible facility
request on compliance with generally applicable building, structural,
electrical, and safety codes or with other laws codifying objective
standards reasonably related to health and safety.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
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Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2018 and a
public hearing for second reading of this Ordinance is set for the 3rd day of July, 2018, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of July, 2018.
ATTEST:
Patty McKenny, Town Clerk
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Dave Chapin, Mayor
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 13, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
8th day of August, 2018.
Witness my hand and seal this 8th day of August, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 13
SERIES OF 2018
AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-
10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO
REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION
OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES
FOR PARKING REGULATIONS PURPOSES, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending a zone district boundary;
WHEREAS, Ordinance No. 30, Series of 1982 adopted parking fee rates for
various uses within the Town;
WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking
pay -in -lieu" policy to be consistent with master plan goals and objectives;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission held a public hearing on the prescribed regulation amendment to remove
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1,
from the "parking pay -in -lieu" zones for parking regulations purposes;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town
Council for the prescribed regulation amendment;
WHEREAS, the Vail Town Council finds and determines that the amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the town;
WHEREAS, the Vail Town Council finds and determines that the amendment to
the Town Code furthers the general and specific purposes of the Zoning Regulations;
and
WHEREAS, the Vail Town Council finds and determines that the amendment
Ordinance No. 13, Series 2018
promotes the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following prescribed regulation amendment
to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail
Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations
purposes, as further described in Exhibit A.
Section 2. Condition Precedent The prescribed regulation amendment
set forth in Section 1 hereof shall take effect on the date that the Final Plat for
Vail/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block
1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if
the Final Plat referenced above has not been properly recorded by August 7, 2020, the
prescribed regulation amendment set forth in Section 1 hereof shall not take effect.
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the follows:
a. The prescribed regulation amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town; and,
b. The prescribed regulation amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The prescribed regulation amendment promotes the health, safety, morals,
and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality; and,
d. This ordinance is necessary and proper for the health, safety and welfare of
the Town of Vail and the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 13, Series 2018
-2
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a
public hearing for second reading of this Ordinance set for the 21St day of August, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of August, 2018.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 13, Series 2018
-3
Dave Chapin, Mayor
Exhibit A
Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes
FINAL PLAT
VAIL/LIONSNEAD, FIRST FILING
A RESUBDIVISION OF A PART OF LOTS 1, 2 3 AND TRACT E BLOCK 1
TOWN OF VAII, COUNTY OF EAGLE, STATE OF COLORADO
Ordinance No. 13, Series 2018
-4
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 13, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 23rd day of August, 2018.
Witness my hand and seal this 23rd day of August, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 13
SERIES OF 2018
AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-
10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO
REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION
OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES
FOR PARKING REGULATIONS PURPOSES, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending a zone district boundary;
WHEREAS, Ordinance No. 30, Series of 1982 adopted parking fee rates for
various uses within the Town;
WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking
pay -in -lieu" policy to be consistent with master plan goals and objectives;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission held a public hearing on the prescribed regulation amendment to remove
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1,
from the "parking pay -in -lieu" zones for parking regulations purposes;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town
Council for the prescribed regulation amendment;
WHEREAS, the Vail Town Council finds and determines that the amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the town;
WHEREAS, the Vail Town Council finds and determines that the amendment to
the Town Code furthers the general and specific purposes of the Zoning Regulations;
and
WHEREAS, the Vail Town Council finds and determines that the amendment
Ordinance No. 13, Series 2018
promotes the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following prescribed regulation amendment
to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail
Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations
purposes, as further described in Exhibit A.
Section 2. Condition Precedent The prescribed regulation amendment
set forth in Section 1 hereof shall take effect on the date that the Final Plat for
Vail/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block
1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if
the Final Plat referenced above has not been properly recorded by August 7, 2020, the
prescribed regulation amendment set forth in Section 1 hereof shall not take effect.
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the follows:
a. The prescribed regulation amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town; and,
b. The prescribed regulation amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The prescribed regulation amendment promotes the health, safety, morals,
and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality; and,
d. This ordinance is necessary and proper for the health, safety and welfare of
the Town of Vail and the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 13, Series 2018
-2
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a
public hearing for second reading of this Ordinance set for the 21St day of August, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of August, 2018.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 13, Series 2018
-3
Dave Chapin, Mayor
Exhibit A
Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes
FINAL PLAT
VAIL/LIONSNEAD, FIRST FILING
A RESUBDIVISION OF A PART OF LOTS 1, 2 3 AND TRACT E BLOCK 1
TOWN OF VAII, COUNTY OF EAGLE, STATE OF COLORADO
Ordinance No. 13, Series 2018
-4
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 14, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
8th day of August, 2018.
Witness my hand and seal this 8th day of August, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 14
SERIES OF 2018
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI
STORAGE/SKI CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations;
WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski
Club to more accurately describe what activities do not fall within its definition while
maintaining the success of existing and future businesses within the Town of Vail ;
WHEREAS, the Town Council is committed to clarifying when ski operations pertaining
to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHEREAS, from time to time is it necessary and prudent to update the Town Code;
and
WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town Council
for the amendment.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows
(text that is to be added is bold):
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots
and poles) and/or clothing used in skiing related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does
not require, the following components:
A. Personal lockers,
Ordinance No. 14, Series 2018
1
B. Boot dryers,
C. Ski storage racks,
D. Ski tuning,
E. Food and beverage service,
F. Areas for congregation and/or socializing,
G. Restrooms and/or shower facilities,
H. Nonwinter activities,
I. Concierge ski services,
J. Retail sales,
K. Business center.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is
located within the lodge or dwelling unit, is not considered commercial ski storage/ski
club.
The following activities, when accessory to a retail operation, shall not be considered
commercial ski storage/ski club:
A. The outdoor display of skis or skiing related equipment that is available for
sale, available for rent, rented or recently serviced. Outdoor display is
subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF
GOODS.
B. The storage, on levels other than the basement or garden level, of skis or
skiing related equipment that is available for sale, available for rent, rented or
recently serviced.
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The amendments are consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and are compatible with the
development objectives of the town;
Ordinance No. 14, Series 2018
2
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a public
hearing for second reading of this Ordinance set for the 21st day of August 2018, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series 2018
3
Dave Chapin, Mayor
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council
Chambers of the Vail Municipal Building, Vail Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series 2018
4
Dave Chapin, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 14, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 23rd day of August, 2018.
Witness my hand and seal this 23rd day of August, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 14
SERIES OF 2018
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI
STORAGE/SKI CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations;
WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski
Club to more accurately describe what activities do not fall within its definition while
maintaining the success of existing and future businesses within the Town of Vail ;
WHEREAS, the Town Council is committed to clarifying when ski operations pertaining
to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHEREAS, from time to time is it necessary and prudent to update the Town Code;
and
WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town Council
for the amendment.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows
(text that is to be added is bold):
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots
and poles) and/or clothing used in skiing related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does
not require, the following components:
A. Personal lockers,
Ordinance No. 14, Series 2018
1
B. Boot dryers,
C. Ski storage racks,
D. Ski tuning,
E. Food and beverage service,
F. Areas for congregation and/or socializing,
G. Restrooms and/or shower facilities,
H. Nonwinter activities,
I. Concierge ski services,
J. Retail sales,
K. Business center.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is
located within the lodge or dwelling unit, is not considered commercial ski storage/ski
club.
The following activities, when accessory to a retail operation, shall not be considered
commercial ski storage/ski club:
A. The outdoor display of skis or skiing related equipment that is available for
sale, available for rent, rented or recently serviced. Outdoor display is
subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF
GOODS.
B. The storage, on levels other than the basement or garden level, of skis or
skiing related equipment that is available for sale, available for rent, rented or
recently serviced.
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The amendments are consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and are compatible with the
development objectives of the town;
Ordinance No. 14, Series 2018
2
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a public
hearing for second reading of this Ordinance set for the 21st day of August 2018, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series 2018
3
Dave Chapin, Mayor
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council
Chambers of the Vail Municipal Building, Vail Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series 2018
4
Dave Chapin, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 15, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
23rd day of August, 2018.
Witness my hand and seal this 19th day of September, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 15
SERIES 2018
AN ORDINANCE AMENDING SECTION 12-10-17 OF THE VAIL TOWN
CODE TO MODIFY THE REGULATIONS APPLICABLE TO THE
SHORT-TERM LEASING OF PRIVATE PARKING SPACES
WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance
34, Series of 1977, regulating the leasing of private parking spaces in the Town;
WHEREAS, the existing regulations are obsolete and need to be updated to
reflect current community parking needs and priorities;
WHEREAS, amending the regulations will provide a benefit to visitors to Vail
through additional parking options, while protecting the residential character of low-
density residential neighborhoods;
WHEREAS, the proposed amendments are supported by the Vail Town Council
Action Plan 2018-2020 and the Vail Land Use Plan;
WHEREAS, on August 27, 2018 the Planning and Environmental Commission
held a properly -noticed public hearing on the proposed amendments and forwarded a
recommendation of approval to the Vail Town Council; and
WHEREAS, on September 18, 2018, the Vail Town Council held a properly -
noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail
Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-10-17 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-10-17: LEASING OF PARKING SPACES:
A. General: Except as expressly provided in this Section, no person shall
lease, rent, convey or restrict the use of any parking space to any person other
than a tenant, occupant or user of the building for which the space is required.
B. Eligibility: A parking space may be leased in accordance with the
following:
1. Zone Districts: Any person who owns or manages private parking
spaces located the following zone districts may lease parking spaces in
accordance with this Section: Commercial Core 1; Commercial Core 2;
Commercial Core 3; High Density Multiple -Family; Vail Village Townhouse;
Public Accommodation; Public Accommodation 2; General Use; Commercial
1
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S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018
LEASING OF PARKING SPACES.DOCX
Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2;
Lionshead Mixed Use 1; Lionshead Mixed Use 2; and any Special Development
District in which one of the foregoing zone districts is the underlying zone district.
2. Prohibited Areas: The leasing of parking spaces is prohibited in
any area where vehicle access to said parking spaces is over or through an
established pedestrian mall.
3. Common Areas: The leasing of parking spaces on commonly
owned property, including without limitation common areas within a common
interest community, requires the written approval of the applicable homeowners
or condominium association, a copy of which shall be provided to the Town prior
to leasing any parking spaces.
4. Duration: Leasing is permitted for short term parking only, and
long-term storage of vehicles is prohibited.
5. Rental Agencies: Vehicle rental agencies may lease parking
spaces only in the Commercial Core 3 zone district, with a maximum of one
lease and a maximum of fifteen (15) parking spaces per site.
C. Required Parking: Parking required by this Title for any use may not be
satisfied by the leasing of parking spaces under this Section.
D. Signage: Any person leasing parking spaces under this Section shall post
adequate signage on the premises to ensure that the leased parking spaces are
used and occupied in accordance with the applicable lease agreement. At least
one (1) on-site sign shall include the name and telephone number of the person
to contact concerning parking disputes.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
2
9/12/2018
S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018
LEASING OF PARKING SPACES.DOCX
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of September, 2018
and a public hearing for second reading of this Ordinance is set for the day of
, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
3
Dave Chapin, Mayor
9/12/2018
S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018
LEASING OF PARKING SPACES.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 15, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 3rd day of October, 2018.
Witness my hand and seal this 3rd day of October, 2018.
,1,,_,,c\_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 15
SERIES 2018
AN ORDINANCE AMENDING SECTION 12-10-17 OF THE VAIL TOWN
CODE TO MODIFY THE REGULATIONS APPLICABLE TO THE
SHORT-TERM LEASING OF PRIVATE PARKING SPACES
WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance
34, Series of 1977, regulating the leasing of private parking spaces in the Town;
WHEREAS, the existing regulations are obsolete and need to be updated to
reflect current community parking needs and priorities;
WHEREAS, amending the regulations will provide a benefit to visitors to Vail
through additional parking options, while protecting the residential character of low-
density residential neighborhoods;
WHEREAS, the proposed amendments are supported by the Vail Town Council
Action Plan 2018-2020 and the Vail Land Use Plan;
WHEREAS, on August 27, 2018 the Planning and Environmental Commission
held a properly -noticed public hearing on the proposed amendments and forwarded a
recommendation of approval to the Vail Town Council; and
WHEREAS, on September 18, 2018, the Vail Town Council held a properly -
noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail
Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-10-17 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-10-17: LEASING OF PARKING SPACES:
A. General: Except as expressly provided in this Section, no person shall
lease, rent, convey or restrict the use of any parking space to any person other
than a tenant, occupant or user of the building for which the space is required.
B. Eligibility: A parking space may be leased in accordance with the
following:
1. Zone Districts: Any person who owns or manages private parking
spaces located the following zone districts may lease parking spaces in
accordance with this Section: Commercial Core 1; Commercial Core 2;
Commercial Core 3; High Density Multiple -Family; Vail Village Townhouse;
Public Accommodation; Public Accommodation 2; General Use; Commercial
1
10/8/2018
C:IUSERSITNAGELIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIXJ2MV1 C7IORDINANCE
NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES SECOND READING.DOCX
Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2;
Lionshead Mixed Use 1; Lionshead Mixed Use 2; Parking; any Special
Development District in which one of the foregoing zone districts is the underlying
zone district; and Special Development District with no underlying zone district, in
compliance with any parking restrictions otherwise imposed by the Special
Development District.
2. Prohibited Areas: The leasing of parking spaces is prohibited in
any area where vehicle access to said parking spaces is over or through an
established pedestrian mall.
3. Common Areas: The leasing of parking spaces on commonly
owned property, including without limitation common areas within a common
interest community, requires the written approval of the applicable homeowners
or condominium association, a copy of which shall be provided to the Town prior
to leasing any parking spaces.
4. Duration: Leasing is permitted for short term parking only, and
long-term storage of vehicles is prohibited.
5. Rental Agencies: Vehicle rental agencies may lease parking
spaces only in the Commercial Core 3 zone district, with a maximum of one
lease and a maximum of fifteen (15) parking spaces per site.
C. Required Parking: Parking required by this Title for any use may not be
satisfied by the leasing of parking spaces under this Section.
D. Signage: Any person leasing parking spaces under this Section shall post
adequate signage on the premises to ensure that the leased parking spaces are
used and occupied in accordance with the applicable lease agreement. At least
one (1) on-site sign shall include the name and telephone number of the person
to contact concerning parking disputes.
E. Contact Information: Any person who accepts electronic reservations for
the leasing of parking spaces pursuant to this Section shall include on the
reservation page a contact name and telephone number in case of any problems
with the leased parking spaces.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
2
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NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES SECOND READING.DOCX
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of September, 2018
and a public hearing for second reading of this Ordinance is set for the 2nd day of
October, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of October, 2018.
ATTEST:
Patty McKenny, Town Clerk
3
Dave Chapin, Mayor
10/8/2018
C:IUSERSITNAGELIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIXJ2MV1 C7IORDINANCE
NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES SECOND READING.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
23rd day of August, 2018.
Witness my hand and seal this 19th day of September, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 16
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL
TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND
GOLF CARS
WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate
the operation of low -speed electric vehicles and golf cars within its jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 8
LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS
7-8-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
GOLF CAR: A self-propelled vehicle with: a design speed of less than
twenty (20) miles per hour; at least three (3) wheels in contact with the
ground; an empty weight of not more than one thousand three hundred
(1,300) pounds; and a carrying capacity of not more than four (4) persons.
LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated
by a licensed driver; is self-propelled utilizing electricity as its primary
propulsion method; has at least three (3) wheels in contact with the
ground; does not use handlebars to steer; exhibits the manufacturer's
compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle
identification number pursuant to 49 C.F.R. 565; and complies with 49
C.F.R. 571.500.
7-8-2: GOLF CARS:
The Vail Golf Course and its employees may use and operate golf
cars at the Vail Golf Course for loading and delivery operation and golf
operations and maintenance. Persons playing golf at Vail Golf Course are
permitted to use golf cars on the Vail Golf Course, but individual use of
golf cars outside of Vail Golf Course operations is prohibited. Golf cars
shall at all times yield to pedestrians, bicycles and motor vehicles.
Ordinance No. 16, Series of 2018
7-8-3: LOW SPEED ELECTRIC VEHICLES:
A. An LSEV shall only be used for the transportation of persons
and their belongings on Town streets with speed limits not exceeding
thirty-five (35) miles per hour.
B. An LSEV may only be operated on Town streets if:
1. The operator holds a valid driver's license;
2. The LSEV is properly equipped and registered as provided
by law;
3. The owner of the LSEV holds a complying insurance policy
or certificate of self-insurance;
4. The LSEV is not carrying a greater number of passengers or
load than that specified by the manufacturer;
5. The driver and passengers are all seated in seats designed
and intended for such purpose; and
6. The driver and all passengers comply with the Model Traffic
Code, this Code and other applicable law.
7-8-4: DESIGNATED AREAS:
A. Golf cars: Other than their permitted uses on Vail Golf
Course property, employees of Vail Golf Course may operate golf cars
and travel on the following Town roadways related to Vail Golf Course
operations:
1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail
Valley Drive;
2. Vail Valley Drive from Sunburst Drive to the crossover from
hole six (6) to hole seven (7); and
3. Golf cars may also cross Sunburst Drive between holes one
(1) and two (2) and holes eight (8) and nine (9);
B. LSEVs: A LSEV may be operated upon any public street in
the Town where the posted speed limit is thirty-five (35) miles per hour or
less.
C. Ford Park: LSEVs and golf cars may travel on the paved
paths immediately surrounding Ford Park and the Gerald Ford
Amphitheater, including the two (2) paved parking lots, but may not travel
Ordinance No. 16, Series of 2018
on any sidewalk bordering the South Frontage Road. The Town may limit
the total number of golf cars or LSEVs allowed in Ford Park at any one
time.
7-8-5. EXEMPTIONS:
A. The Town recognizes that golf cars and LSEVs can be
useful tools to assist the elderly and handicapped in certain situations, and
grants the Chief of Police or designee the power to approve limited,
controlled use of golf cars when specially requested in other areas of the
Town. Such uses shall not include travel on any frontage road, Interstate
70 or Bighorn Road, and may not exceed a distance of one-quarter (1/4)
mile from their point of origin when in operation.
B. The Chief of Police or designee may also designate a
section of Vail Valley Drive from Northwoods condominiums to the east
end of the soccer field as open to approved golf car travel during special
community events for associated travel.
7-8-6: PROHIBITIONS:
cars:
A. The following acts are prohibited in the operation of golf
1. Engaging in the transport of either passengers or goods,
which are neither employees or patrons of Vail Golf Course nor
property belonging to the same.
2. Picking up or dropping off employees along any public
roadway.
3. Traveling on any dedicated recreation path or sidewalk not
specifically indicated in this Chapter.
4. Traveling on any portion of roadway not specifically
permitted by this Chapter.
B. The following acts are prohibited in the operation of LSEVs:
1. Traveling on any dedicated recreation path or sidewalk not
specifically permitted by this Chapter.
2. Traveling on any roadway not specifically permitted by this
Chapter.
3. Operating a LSEV on a state highway in the Town, except
that a LSEV may be operated to directly cross a state highway that
has a speed limit greater than thirty-five (35) miles per hour at an
Ordinance No. 16, Series of 2018
at -grade crossing to continue traveling along a roadway with a
speed limit equal to or less than thirty-five (35) miles per hour.
C. It is unlawful for a person under the age of eighteen (18) to
operate or ride in a golf car or LSEV on a public street without being
secured by at least a two-point safety harness (seat belt), except for a
person with a physically or psychologically disabling condition whose
physical or psychological disability prevents appropriate restraint by a
safety harness.
7-8-7: VIOLATION; PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. Violations of this Chapter shall be punished as provided in
Section 7-1-6.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of September, 2018
and a public hearing for second reading of this Ordinance is set for the 2nd day of
October, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 16, Series of 2018
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of October, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 16, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 7th day of November, 2018.
Witness my hand and seal this 7th day of November, 2018.
c,.,%„,,,c\se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 16
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL
TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND
GOLF CARS
WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate
the operation of low -speed electric vehicles and golf cars within its jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 8
LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS
7-8-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
GOLF CAR: A self-propelled vehicle with: a design speed of less than
twenty (20) miles per hour; at least three (3) wheels in contact with the
ground; an empty weight of not more than one thousand three hundred
(1,300) pounds; and a carrying capacity of not more than four (4) persons.
LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated
by a licensed driver; is self-propelled utilizing electricity as its primary
propulsion method; has at least three (3) wheels in contact with the
ground; does not use handlebars to steer; exhibits the manufacturer's
compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle
identification number pursuant to 49 C.F.R. 565; and complies with 49
C.F.R. 571.500.
7-8-2: GOLF CARS:
The Vail Golf Course and its employees may use and operate golf
cars at the Vail Golf Course for loading and delivery operation and golf
operations and maintenance. Persons playing golf at Vail Golf Course are
permitted to use golf cars on the Vail Golf Course, but individual use of
golf cars outside of Vail Golf Course operations is prohibited. Golf cars
shall at all times yield to pedestrians, bicycles and motor vehicles.
1
11/1/2018
S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX
7-8-3LOW SPEED ELECTRIC VEHICLES:
A. An LSEV shall only be used on Town streets with speed
limits not exceeding thirty-five (35) miles per hour.
B. An LSEV may only be operated on Town streets if:
1. The operator holds a valid driver's license;
2. The LSEV is properly equipped and registered as provided
by law;
3. The owner of the LSEV holds a complying insurance policy
or certificate of self-insurance;
4. The LSEV is not carrying a greater number of passengers or
load than that specified by the manufacturer;
5. The driver and all passengers are seated in seats designed
and intended for such purpose, secured by at least a two-point
safety harness, except for a person with a physically or
psychologically disabling condition whose physical or psychological
disability prevents appropriate restraint by a safety harness; and
6. The driver and all passengers comply with the Model Traffic
Code, this Code and other applicable law.
C. A commercial operator of an LSEV, as defined in Section 7-
10-2 of this Code, shall comply with Title 7, Chapter 10, Section 7 of this
Code.
7-8-4DESIGNATED AREAS:
A. Golf cars: Other than their permitted uses at the Vail Golf
Course, employees of Vail Golf Course may operate golf cars for Vail Golf
Course operations on the following Town streets:
1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail
Valley Drive;
2. Vail Valley Drive from Sunburst Drive to the crossover from
hole six (6) to hole seven (7); and
3. Golf cars may also cross Vail Valley Drive between holes
one (1) and two (2) and holes eight (8) and nine (9).
2
11/1/2018
S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX
B. LSEVs: An LSEV may be operated upon any public street in
the Town where the posted speed limit is thirty-five (35) miles per hour or
less, excluding any frontage road and Bighorn Road.
C. Other areas: The Town recognizes that golf cars and LSEVs
can be useful tools to assist the elderly and disabled in certain situations,
and grants the Town the power to approve limited, controlled use of golf
cars and LSEVs when specially requested in other areas of the Town,
including without limitation Ford Park and the Gerald Ford Amphitheater.
The Town may revoke such approvals at any time and for any reason.
7-8-5ROHIBITIONS:
cars:
A. The following acts are prohibited in the operation of golf
1. Transporting passengers who are not employees or patrons
of the Vail Golf Course.
2. Transporting goods which are not related to the Vail Golf
Course.
2. Picking up or dropping off passengers or goods outside of
designated loading and unloading areas.
3. Operating a golf car on any recreation path or sidewalk not
specifically permitted by this Chapter.
4. Operating a golf car on any portion of roadway not
specifically permitted by this Chapter.
B. The following acts are prohibited in the operation of LSEVs:
1. Operating a LSEV on any recreation path or sidewalk not
specifically permitted by this Chapter.
2. Operating a LSEV on any roadway not specifically permitted
by this Chapter.
3. Operating a LSEV on a state highway in the Town, except
that a LSEV may be operated to directly cross a state highway that
has a speed limit greater than thirty-five (35) miles per hour at an
at -grade crossing to continue traveling along a roadway with a
speed limit equal to or less than thirty-five (35) miles per hour.
4. Operating a LSEV in the Lionshead Village Pedestrian Zone
or the Vail Village Pedestrian Zone, unless expressly authorized by
the Town as provided in this Chapter.
3
11/1/2018
S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX
5. Picking up or dropping off passengers or goods outside of
designated loading and unloading areas.
7-8-6IOLATION; PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. Violations of this Chapter shall be punished as provided in
Section 7-1-6.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of September, 2018 and
a public hearing for second reading of this Ordinance is set for the 6th day of
November, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
ATTEST:
Patty McKenny, Town Clerk
4
Dave Chapin, Mayor
11/1/2018
S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
This 6th day of November, 2018.
ATTEST:
Patty McKenny, Town Clerk
5
Dave Chapin, Mayor
11/1/2018
S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 17, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
17th day of October, 2018.
Witness my hand and seal this 17th day of October, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 17
SERIES OF 2018
AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL
TOWN CODE AND ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE,
INTERNATIONAL FIRE CODE, INTERNATIONAL ENERGY CONSERVATION CODE,
INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE,
INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE;
AND THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 1997 EDITION
OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; WITH
AMENDMENTS THERETO.
WHEREAS, the 2018 editions of the International Building Code, International
Residential Code, International Fire Code, International Energy Conservation Code,
International Plumbing Code, International Fuel Gas Code, International Mechanical Code,
International Existing Building Code; and the 2017 Edition of the National Electrical Code; and
the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings have been
published;
WHEREAS, the 2015 International Codes currently adopted by the Town of Vail lack the
updates contained within in the 2018 International Codes that address modern construction
means, methods, safety improvements, and code clarity;
WHEREAS, the adoption and use of the 2017 edition of the National Electrical Code is
required by the State of Colorado;
WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has
recommended adoption of the codes set forth in this ordinance; and
WHEREAS, the Vail Town Council finds that the adoption of the codes set forth in this
ordinance will promote the health, safety and general welfare of the public and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
10-1-1: CODES ADOPTED BY REFERENCE
1
The following codes are hereby adopted by reference, as amended:
A. Building Code - The International Building Code, 2018 edition, including Appendices
B, E, G, J and K, published by the International Code Council, 4051 Flossmoor
Road, Country Club Hills, IL 60478-5975
B. Residential Code - Chapters 1 through 10 of The International Residential Code,
2018 edition, including Appendices F and J, published by the International Code
Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975
C. Fire Code - The International Fire Code, 2018 edition, including Appendices A, B, C,
D, E, G, H, I and J, published by the International Code Council, 4051 Flossmoor
Road, Country Club Hills, IL 60478-5975
D. Energy Code - The International Energy Conservation Code, 2018 edition, published
by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL
60478-5975
E. Plumbing Code - The International Plumbing Code, 2018 edition, published by the
International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-
5975
F. Fuel Gas Code - The International Fuel Gas Code, 2018 edition, published by the
International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-
5975
G. Mechanical Code - The International Mechanical Code, 2018 edition, published by
the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-
5975
H. Existing Building Code - The International Existing Building Code, 2018 edition,
published by the International Code Council, 4051 Flossmoor Road, Country Club
Hills, IL 60478-5975
I. Electrical Code - NFPA 70, The National Electrical Code, 2017 Edition, published by
the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA
02269
J. Abatement Code - The Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, published by the International Conference of Building Officials, 5360
Workman Mill Road, Whittier, CA 90601-2298
10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE
The following amendments are hereby made to the International Building Code, 2018
Edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Building Code of the Town
of Vail, hereinafter referred to as 'this code-.
Section 101.4 Referenced codes: Section 101.4 is amended to read as follows:
2
"101.4 Referenced codes. The other codes listed in Sections 101.4.1 through
101.4.7 and referenced elsewhere in this code shall not be considered a part of
this code unless specifically adopted."
Section 105.2 Work exempt from permit: Section 105.2 is amended to read as
follows:
"Building:
2. Fences not over 6 feet high. Note: Fences required per Section 1510.8.4 and
3109 are not exempt from a permit.
14. Decks that are not over 30 inches above grade at any point and not part of a
means of egress or an accessible route."
Section 109.2 Schedule of permit fees: Section 109.2 is amended to read as follows:
"109.2 Schedule of permit fees. On buildings, structures, electrical, gas,
mechanical and plumbing systems or alterations requiring a permit, a fee for
each permit shall be paid as required, in accordance with the following Town of
Vail Permit and Inspection Fee Schedule:"
Total Valuation:
Fees:
$1.00 to $500.00
$50.00
$501.00 to $2,000.00
$50.00 for the first $500 plus $3.05 for each additional $100 or fraction
thereof, to and including $2000.
$2,001.00 to $25,000.00
$87.50 for the first $2000 plus $14.00 for each additional $1,000 or fraction
thereof, to and including $25,000.
$25,001.00 to $50,000.00
$409.50 for the first $25,000 plus $10.10 for each additional $1,000 or
fraction thereof, to and including $50,000.
$50,001.00 to $100,000.00
$662.00 for the first $50,000 plus $7.00 for each additional $1,000 or
fraction thereof, to and including $100,000.
$100,001.00 to $500,000.00
$1012.00 for the first $100,000 plus $6.50 for each additional $1,000 or
fraction thereof, to and including $500,000.
$500,001.00 to $1,000,000.00
$3612.00 for the first $500,000 plus $5.00 for each additional $1,000 or
fraction thereof, to and including $1,000,000.
$1,000,001 and above
$6112.00 for the first $1,000,000 plus $4.00 for each additional $1,000 or
fraction thereof.
3
Other related fees:
• Building plan review fees 65% of Permit Fee
• Plumbing and Mechanical plan review fees 25% of Permit Fee
Electrical plan review fees 25% of Permit Fee
Plan revision fees $75.00/hr., min. 2 hours
Inspections outside of regular business hours $105.00/hr., min. 2 hours
Re -inspection fees $105.00/inspection
• Will -Call fee (added to every permit for will -call inspection services) $5.00
Plumbing and Mechanical permit fees shall be calculated utilizing the fee table above.
• Any work commencing prior to issuance of a permit is subject to double -permit fees.
• All electrical permit fees will be based on the current State of Colorado Electrical Fee Schedule,
plus 15%. This includes TWO inspections. For ANY additional inspections, including re -
inspections for corrections assessed by the inspector(s), an additional fee of $105.00 per
inspection will be assessed. This fee shall be paid prior to any further inspections.
Section 110.3.9 Other inspections: Section 110.3.9 is amended by the addition of the
following text:
"The Building Official shall also be authorized to make or require inspections of
construction work as required by Titles 11 through 14 of the Town of Vail
Municipal Code."
Section 1505.1 General: Section 1505.1 is amended to read as follows:
"1505.1 General. In accordance with Town of Vail Municipal Codes, all roof
coverings shall be Class A roofing only. Wood shakes and shingles are not
permitted except where exempted for replacement or repair as defined below.
Where the roof profile allows space between the roof covering and the roof
decking at the eave ends, the spaces shall be constructed to prevent intrusion of
flames and embers or have one layer of 72 -pound (32.4 kg) mineral -surfaced
non -perforated cap sheet complying with ASTM D3909 installed over the
combustible decking.
Replacement or Repair: Each structure with a nonconforming roof covering or
roof assembly shall be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair in excess of
twenty five percent (25%) or a second replacement or repair of the roof covering
or roof assembly shall trigger replacement of the nonconforming covering or
assembly in its entirety. For purposes of this section, a two-family dwelling shall
be considered two separate structures. Emergency repairs of less than 10
square feet shall not be subject to the twenty five percent (25%) rule.
Exception: Metal and concrete roofing systems."
4
Table 1505.1 Minimum Roof Covering Classification for Types of Construction and
all associated footnotes are deleted.
Section 1505.3 Class B roof assemblies is deleted.
Section 1505.4 Class C roof assemblies is deleted.
Section 1505.5 Nonclassified roofing is deleted.
Section 1505.6 Fire -retardant -treated wood shingles and shakes is deleted.
Section 1505.7 Special purpose roofs is deleted.
Section 1507.1.2 Ice barriers: Section 1507.1.2 is amended to read as follows:
"1507.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal
roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other
shingles. The ice barrier shall consist of not less than two layers of underlayment
cemented together, or a self -adhering polymer modified bitumen sheet shall be
used in place of normal underlayment. The ice barrier shall completely cover all
roof surfaces.
Exception: Detached accessory structures that do not contain conditioned floor
area."
Section 1510.8.6 Snow retention devices: Section 1510.8.6 is added, to read as
follows:
"1510.8.6 Snow retention devices. New roof assemblies shall be designed to
prevent accumulations of snow from shedding onto exterior balconies, decks,
stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings,
areas directly above or in front of utility meters and/or adjacent properties. The
design of snow retention devices shall be provided by a registered design
professional or as determined by the Building Official.
Exception: Roof areas with a horizontal projection of less than 48 inches that
will not receive snow shedding from a higher roof. The horizontal projection shall
be measured perpendicular to the exterior wall line from the edge of the roof or
eave to the intersecting wall surface."
Section 1603.1.10 Boulder and rock walls: Section 1603.2 is added, to read as
follows:
"1603.1.10 Boulder and rock walls. Boulder or rock walls with a height of
greater than 48 inches shall be designed by a registered design professional and
shall comply with Section 1603.1."
Section 1604.1.1 Hazard areas: Section 1604.1.1 is added, to read as follows:
5
"1604.1.1 Hazard areas. All new construction and additions to existing
structures located in mapped debris flow, rock fall, avalanche and flood hazard
areas shall be designed in compliance with Title 12, Chapter 21 of the Town of
Vail Municipal Code."
Section 1608.1 General is deleted.
Section 1608.2 Ground snow loads: Section 1608.2 is amended to read as follows:
"1608.2 Ground and roof snow loads. The ground snow load for the Town of
Vail is 142 pounds per square foot. Designs for roof snow loads shall be as
follows:
1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per
square foot snow load.
2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per
square foot snow load.
There is no allowance for pitch reduction nor is there a requirement to increase
surcharge loading due to snow drifting or type of roof covering. Snow loads for
decks and exterior balconies shall be as required for roofs."
Section 1809.5 Frost protection: Section 1809.5 is amended to read as follows:
"1. Extending to no less than 48 inches below grade."
Section 2111.1 General: Section 2111.1 is amended to read as follows:
"2111.1 General. The construction of masonry fireplaces, consisting of concrete
or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the
Town of Vail Municipal Code."
Section 2902.2 Separate facilities: Section 2902.2 is amended to read as follows:
"Exception 2: Separate facilities shall not be required in structures or tenant
spaces with a total occupant load, including both employees and customers, of
30 or fewer."
Exception 4 is deleted.
Section 3107.1 General: Section 3107.1 is amended to read as follows:
"3107.1 General. Signs shall be designed, constructed and maintained in
accordance with this code and Title 11 of the Town of Vail Municipal Codes."
Section 3109 Swimming Pools: Section 3109 is amended to read as follows:
"SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES
3109.1 General. Swimming pools shall comply with the requirements of Sections
3109.2 through 3109.5, other applicable sections of this code, and the Colorado
Department of Public Health and Environment Water Quality Control Division
standard 5 CCR 1003-5.
6
3109.2 Definition. The following term is defined in Chapter 2: SWIMMING
POOLS.
3109.3 Public and semi-public swimming pools. Public and semi-public
swimming pools as defined by Colorado Department of Public Health and
Environment Water Quality Control Division standard 5 CCR 1003-5 shall be
completely enclosed by a fence not less than 60 inches (1524 mm) in height or a
screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-
diameter (102 mm) sphere. The fence or screen enclosure shall be equipped
with self-closing and self-latching gates, with the latch a minimum of 54 inches
(1372 mm) high.
3109.4 Private swimming pools. Private swimming pools as defined by
Colorado Department of Public Health and Environment Water Quality Control
Division standard 5 CCR 1003-5 shall be completely enclosed by a barrier
complying with Sections 3109.4.1 through 3109.4.3.
Exception: A swimming pool with a power safety cover or a spa with a safety
cover complying with ASTM F 1346 need not comply with this section.
3109.4.1 Barrier height and clearances. The top of the barrier shall be not less
than 48 inches (1219 mm) above grade measured on the side of the barrier that
faces away from the swimming pool. The vertical clearance between grade and
the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on
the side of the barrier that faces away from the swimming pool. Where the top of
the pool structure is above grade, the barrier is authorized to be at ground level
or mounted on top of the pool structure, and the vertical clearance between the
top of the pool structure and the bottom of the barrier shall be not greater than 4
inches (102 mm).
3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4-
inch-diameter (102 mm) sphere.
3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings
shall not contain indentations or protrusions except for normal construction
tolerances and tooled masonry joints.
3109.4.1.3 Closely spaced horizontal members. Where the barrier is
composed of horizontal and vertical members and the distance between the tops
of the horizontal members is less than 45 inches (1143 mm), the horizontal
members shall be located on the swimming pool side of the fence. Spacing
between vertical members shall be not greater than 1 3/4 inches (44 mm) in
width. Where there are decorative cutouts within vertical members, spacing
within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width.
3109.4.1.4 Widely spaced horizontal members. Where the barrier is composed
of horizontal and vertical members and the distance between the tops of the
horizontal members is 45 inches (1143 mm) or more, spacing between vertical
members shall be not greater than 4 inches (102 mm). Where there are
decorative cutouts within vertical members, spacing within the cutouts shall be
not greater than 1 3/4 inches (44 mm) in width.
7
3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not
greater than a 2 1/4 -inch square (57 mm square) unless the fence is provided
with slats fastened at the top or the bottom that reduce the openings to not more
than 1 3/4 inches (44 mm).
3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal
members, the opening formed by the diagonal members shall be not greater than
1 3/4 inches (44 mm).
3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of
Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate
a locking device. Pedestrian access doors or gates shall open outward away
from the pool and shall be self-closing and have a self -latching device. Doors or
gates other than pedestrian access doors or gates shall have a self -latching
device. Release mechanisms shall be in accordance with Sections 1010.1.9 and
1109.13. Where the release mechanism of the self -latching device is located less
than 54 inches (1372 mm) from the bottom of the door or gate, the release
mechanism shall be located on the pool side of the door or gate 3 inches (76
mm) or more, below the top of the door or gate, and the door or gate and barrier
shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457
mm) of the release mechanism.
3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part
of the barrier, one of the following shall apply:
1. Doors with direct access to the pool through that wall shall be equipped with
an alarm that produces an audible warning when the door or its screen, if
present, are opened. The alarm shall be listed and labeled in accordance with UL
2017. In dwellings not required to be Accessible units, Type A units or Type B
units, the deactivation switch shall be located 54 inches (1372 mm) or more
above the threshold of the door. In dwellings required to be Accessible units,
Type A units or Type B units, the deactivation switch shall be located not higher
than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the
threshold of the door.
2. The pool shall be equipped with a power safety cover that complies with ASTM
F 1346.
3. Other means of protection, such as self-closing doors with self -latching
devices, which are approved, shall be accepted so long as the degree of
protection afforded is not less than the protection afforded by Item 1 or 2 above.
3109.4.1.9 Pool structure as barrier. Where an above -ground pool structure is
used as a barrier or where the barrier is mounted on top of the pool structure,
and the means of access is a ladder or steps, then the ladder or steps either
shall be capable of being secured, locked or removed to prevent access, or the
ladder or steps shall be surrounded by a barrier that meets the requirements of
Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured,
locked or removed, any opening created shall not allow the passage of a 4 -inch -
diameter (102 mm) sphere.
8
3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools
shall not be required to comply with Section 3109.4.1.8.
3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used to climb the
barriers.
3109.5 Entrapment avoidance. Suction outlets shall be designed and installed
in accordance with ANSI/APSP-7."
10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE
The following amendments are hereby made to the International Residential Code, 2018
Edition:
Section R101.1 Title: Section 101.1 is amended to read as follows:
"R101.1 Title. These provisions shall be known as the Residential Code of the
Town of Vail, hereinafter referred to as 'this code-.
Section R105.2 Work exempt from permit: Section R105.2 is amended to read as
follows:
"Building:
2. Fences not over 6 feet high.
10. Decks that are not over 30 inches above grade at any point and do not serve
the exit door required by Section R311.4."
Section R109.1.5 Other inspections: Section R109.1.5 is amended by the addition of
the following text:
"The Building Official shall also be authorized to make or require inspections of
construction work as required by Chapter 17 of the International Building Code
and by Titles 11 through 14 of the Town of Vail Municipal Code."
Table R301.2(1) Climatic and Geographic Design Criteria: Table R301.2(1) is
amended to read as follows:
Climate
Zone
Ground
Snow
Load
Wind
Speed
(mph)
Topographic
Effects
Seismic
Design
Category
Weathering
Frost
Line
Termite
Winter
Design
Temp
Ice Barrier
Underlayment
Required
Air Freezing
Index
6B
142
115
B
B
Severe
48
Slight/Mod.
-5
Yes
2500
Section R301.2.3 Snow loads: Section R301.2.3 is amended to read as follows:
"R301.2.3 Ground and roof snow loads. The ground snow load for the Town of
Vail is 142 pounds per square foot. Designs for roof snow loads shall be as
follows:
1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per
square foot snow load.
9
2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per
square foot snow load.
There is no allowance for pitch reduction nor is there a requirement to increase
surcharge loading due to snow drifting or type of roof covering. Snow loads for
decks and exterior balconies shall be as required for roofs. All buildings and
structures shall be designed in accordance with accepted engineering practice."
Table R301.5 Maximum Uniformly Distributed Live Loads: Table R301.5 is
amended by deleting "Balconies (exterior) and decks" and "Fire escapes" from the table
and adding new footnote (i) to read as follows:
"Note i. The minimum uniformly distributed live loads for exterior balconies and
decks shall be 100 psf."
Section R302.1 Exterior Walls: Section R302.1 is amended by adding the following
text:
"Exception 6: Projections, openings or penetrations in shared walls of two-family
dwelling units with a lot line separating the units along the shared wall."
Section R311.7.11 Alternating tread devices: Section 311.7.11 is amended to read
as follows:
"Exception: Alternating tread devices are allowed to be used as an element of a
means of egress for lofts, mezzanines and similar areas of 200 gross square feet
(18.6 m2) or less where an emergency escape and rescue opening is provided
for the area served and such devices do not provide exclusive access to a
kitchen or bathroom."
Section R311.7.12 Ships ladders: Section R311.7.12 is amended to read as follows:
"Exception: Ships ladders are allowed to be used as an element of a means of
egress for lofts, mezzanines and similar areas of 200 gross square feet (18.6 m2)
or less where an emergency escape and rescue opening is provided for the area
served and such devices do not provide exclusive access to a kitchen or
bathroom."
Section R313.1 Townhouse automatic fire sprinkler systems: Section R313.1 is
amended to read as follows:
"Exception: An automatic residential fire sprinkler system may be required
where additions and alterations are made to existing townhouses depending on
scope and size of the project in accordance with Vail Fire and Emergency
Services fire sprinkler installation requirements."
Section R313.1.1 Design and installation: Section R313.1.1 is amended to read as
follows:
"R313.1.1 Design and installation. Automatic residential fire sprinkler systems
for townhouses shall be designed and installed in accordance with NFPA 13D
and Vail Fire and Emergency Services fire sprinkler installation requirements."
10
Section R313.2 One- and two-family dwellings automatic fire sprinkler systems:
Section R313.2 is amended to read as follows:
"Exception: An automatic residential fire sprinkler system may be required
where additions and alterations are made to existing buildings depending on
scope and size of the project in accordance with Vail Fire and Emergency
Services fire sprinkler installation requirements."
Section R313.2.1 Design and installation: Section R313.2.1 is amended to read as
follows:
"R313.2.1 Design and installation. Automatic residential fire sprinkler systems
shall be designed and installed in accordance with NFPA 13D and Vail Fire and
Emergency Services fire sprinkler installation requirements."
Section R315.2 Where required: Section R315.2 is amended to read as follows:
"R315.2 Where required. Carbon monoxide alarms shall be provided in
accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
Section R315.2.1 New construction: Section R315.2.1 is amended to read as follows:
"R315.2.1 New construction. For new construction, carbon monoxide alarms
shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101
and Vail Fire and Emergency Services alarm installation standards."
Section R315.3 Location: Section R315.3 is amended with the addition of the following
text:
"In addition to the above locations, carbon monoxide alarms shall be provided in
accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
Section R315.7 Carbon monoxide detection systems: Section R315.7 is amended to
read as follows:
"R315.7 Carbon monoxide detection systems. Carbon monoxide detection
systems shall be permitted to be used in lieu of carbon monoxide alarms and
shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
Section R315.7.2 Locations: Section R315.7.2 is amended to read as follows:
"R315.7.2 Location. Carbon monoxide detectors shall be installed in accordance
with Section R315.3, as amended."
Section R326.1 General: Section R326.1 is amended to read as follows:
"R326.1 General. The design and construction of pools and spas shall comply
with Section 3109 of the International Building Code, as amended."
11
Section R507.2.1 Wood materials: Section R507.2.1 is amended with the addition of
the following exception:
"Exception: An approved flashing detail in accordance with Section R507.2.4
that prevents moisture and water accumulation on member surfaces and joints
may be utilized in -lieu of preservative -treated materials."
Section R902.1 Roofing covering materials: Section R902.1 is amended to read as
follows:
"R902.1 Roofing covering materials. In accordance with Town of Vail Municipal
Codes, all roof coverings shall be Class A roofing only. Class A roofing required
by this section to be listed shall be tested in accordance with UL 790 and ASTM
E108. Wood shakes and shingles are not permitted except where exempted for
replacement or repair as defined below. Where the roof profile allows space
between the roof covering and the roof decking at the eave ends, the spaces
shall be constructed to prevent intrusion of flames and embers, or have one layer
of 72 -pound (32.4 kg) mineral -surfaced non -perforated cap sheet complying with
ASTM D3909 installed over the combustible decking.
Replacement or Repair: Each structure with a nonconforming roof covering or
roof assembly shall be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair in excess of
twenty five percent (25%) or a second replacement or repair of the roof covering
or roof assembly shall trigger replacement of the nonconforming covering or
assembly in its entirety. For purposes of this section, a two-family dwelling shall
be considered two separate structures. Emergency repairs of less than 10
square feet shall not be subject to the twenty five percent (25%) rule.
Exception: Metal and concrete roofing systems."
Section 902.2 Fire -retardant -treated wood shingles and shakes is deleted.
Section R903.5 Snow retention devices: Section R903.5 is added, to read as follows:
"903.5 Snow retention devices. New roof assemblies shall be designed to
prevent accumulations of snow from shedding onto areas directly above or in
front of utility meters and/or adjacent properties. The design of snow retention
devices shall be provided by a registered design professional or as determined
by the Building Official.
Exception: Roof areas with a horizontal projection of less than 48 inches that
will not receive snow shedding from a higher roof. The horizontal projection shall
be measured perpendicular to the exterior wall line from the edge of the roof or
eave to the intersecting wall surface."
Section R905.1.2 Ice barriers: Section R905.1.2 is amended to read as follows:
"R905.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal
roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other
12
shingles. The ice barrier shall consist of not less than two layers of underlayment
cemented together, or a self -adhering polymer modified bitumen sheet shall be
used in place of normal underlayment. The ice barrier shall completely cover all
roof surfaces.
Exception: Detached accessory structures that do not contain conditioned floor
area."
Section R1001.1 General: Section R1001.1 is amended to read as follows:
"R1001.1 General. Masonry fireplaces shall be constructed in accordance with
this section, the applicable provisions of Chapters 3 and 4 of this code, and with
Title 5 of the Town of Vail Municipal Code."
CHAPTERS 11 THROUGH 43 ARE DELETED FROM THE INTERNATIONAL
RESIDENTIAL CODE AND REPLACED WITH THE CORRESPONDING
INTERNATIONAL CODES AND NATIONAL ELECTRICAL CODE.
10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE
The following amendments are hereby made to The International Fire Code, 2018
Edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Fire Code of the Town of
Vail, hereinafter referred to as 'this code-.
Section 202 Definitions: The following definitions are amended to read as follows:
"FALSE ALARM: See Title 4, Business and License Regulations, Town of Vail
Municipal Code."
"PORTABLE OUTDOOR FIREPLACE: A portable, outdoor, solid -fuel burning
fireplace that may be constructed of steel, concrete, clay or other non-
combustible material and equipped with a screen or other approved spark
arrestor. A portable outdoor fireplace may be open in design, or may be
equipped with a small hearth opening and a short chimney or chimney opening in
the top."
Section 202 Definitions: The following definition is added to read as follows:
"TAMPERING: Any alteration, damage, misuse, deactivation or other similar
action that renders any fire protection, fire detection or other life -safety system
inoperable without the express written approval of Vail Fire and Emergency
Services."
Section 307.1.1 Prohibited open burning: Section 307.1.1 is amended to read as
follows:
13
"307.1.1 Prohibited open burning. The following burning activities are unlawful
in the Town of Vail:
1. Open burning.
2. Bonfires.
3. Recreational fires.
4. The burning of any materials when a National Weather Service Red Flag
Warning is activated.
5. The burning of any materials when Stage 2 or 3 fire restrictions are in place.
6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in
place.
Exceptions:
1. Burning conducted for training purposes by Vail Fire and Emergency Services.
2. If the burning is a smokeless flare or safety flare used to indicate danger to the
public.
3. Open burning conducted pursuant to a permit issued by the Fire Code Official
upon written application, if the Fire Code Official determines that such burning
will be performed without hazard to the public health, safety or welfare.
4. Prescribed burning for the purpose of reducing the impact of wildland fire when
authorized by the Fire Code Official.
5. The use of propane or natural gas appliances equipped with automatic shut-off
controls."
Section 307.3 Extinguishment authority: Section 307.3 is amended to read as
follows:
"307.3 Extinguishment authority. Where any open burning, permitted or
otherwise (including the use of a portable outdoor fireplace), creates or adds to a
hazardous situation or creates a nuisance or health risk due to smoke or other
products of combustion, the fire shall be ordered to be extinguished by Vail Fire
and Emergency Services or Vail Police Department."
Section 307.4.1 Bonfires is deleted.
Section 307.4.2 Recreational fires is deleted.
Section 307.4.3 Portable outdoor fireplaces: Section 307.4.3 is amended to read as
follows:
"307.4.3 Portable outdoor fireplaces. Use of a portable outdoor fireplace shall
be permitted, subject to the following restrictions:
1. Portable outdoor fireplaces shall be equipped with a properly fitting spark
screen or arrestor.
2. Portable outdoor fireplaces shall be used in accordance with manufacturer's
instructions.
3. Portable outdoor fireplaces shall maintain a minimum clearance of fifteen (15)
feet from any structure or other combustible materials.
14
4. Smoke created from a portable outdoor fireplace shall be maintained in such a
manner as to avoid causing a nuisance or hazardous condition.
5. Use of a portable outdoor fireplace shall be in accordance with Section 307.5,
as amended.
6. Use of a portable outdoor fireplace on short-term rental property is strictly
prohibited.
7. Use of a portable outdoor fireplace is prohibited when Stage 2 or 3 fire
restrictions are in place."
Section 307.5 Attendance: Section 307.5 is amended to read as follows:
"307.5 Attendance. Permitted open burning, including the use of portable
outdoor fireplaces, shall be constantly attended until the fire is extinguished. Not
fewer than one portable fire extinguisher complying with Section 906 with a
minimum 3A:60B:C rating or other approved on-site fire -extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, shall be available for
immediate utilization."
Section 308.1.6.3 Sky lanterns: Section 308.3.6.3 is amended to read as follows:
"308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited.
Section 308.3.1 Open -flame decorative devices: Section 308.3.1 is amended with
the addition of the following text:
"11. Candles may only be used in constantly attended locations."
Section 503.6 Security gates: Section 503.6 is amended to read as follows:
"503.6 Security gates. The installation of security gates across a fire apparatus
access road or driveway shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be maintained
operational at all times. Electric gate operators, where provided, shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements of ASTM F
2200."
Section 901.6 Inspection, testing and maintenance: Section 901.6 is amended to
read as follows:
"901.6 Inspection, testing and maintenance. Fire detection and alarm systems,
emergency alarm systems, gas -detection systems, fire -extinguishing systems,
mechanical smoke exhaust systems and smoke and heat vents shall be
maintained in an operative condition at all times, and shall be replaced or
repaired where defective. Existing systems, including signaling and notification
devices that are no longer listed by UL or supported by the manufacturer shall be
replaced per current NFPA and Vail Fire and Emergency Services standards.
15
Non -required fire protection systems and equipment shall be inspected, tested
and maintained or removed."
Section 903.2.10 Group S-2 enclosed parking garages: The Exception listed under
Section 903.2.10 is deleted.
Section 903.3.1.3 NFPA 13D sprinkler systems: Section 903.3.1.3 is amended to
read as follows:
"903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that are
installed in one- and two-family dwellings and townhouses shall be installed in
accordance with NFPA 13D and Vail Fire and Emergency Services installation
standards."
Section 903.4 Sprinkler system supervision and alarms: All Exceptions listed under
Section 903.4 are deleted.
Section 907.2 Where required — new buildings and structures: Section 907.2 is
amended to read as follows:
"907.2 Where required — new buildings, structures, one- and two-family
dwellings and townhouses. An approved fire alarm system installed in
accordance with the provisions of this code, NFPA 72 and Vail Fire and
Emergency Services installation standards shall be provided in new buildings,
structures, one- and two-family dwellings and townhouses in accordance with
Sections 907.2.1 through 907.2.23 and provide occupant notification in
accordance with Section 907.5, unless other requirements are provided by
another section of this code.
Not fewer than one manual fire alarm box shall be provided in an approved
location to initiate a fire alarm signal for fire alarm systems employing automatic
fire detectors or waterflow detection devices. Where other sections of this code
allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box
shall be installed.
Exceptions:
1. The manual fire alarm box is not required for fire alarm systems dedicated to
elevator recall control and supervisory service.
2. The manual fire alarm box is not required for Group R-2 occupancies unless
required by the Fire Code Official to provide a means for fire watch personnel to
initiate an alarm during a sprinkler system impairment event. Where provided, the
manual fire alarm box shall not be located in an area that is open to the public.
3. The manual fire alarm box is not required for fire alarm systems dedicated to
one- and two-family dwellings and townhouses."
Section 907.2.10.2 Groups R-2, R-3, R-4 and 1-2: Section 907.2.10.2 is amended to
read as follows:
16
"907.2.10.2 Groups R-2, R-3, R-4, 1-2, and all residential properties that are
available for rent or lease. Single or multiple -station smoke alarms shall be
installed and maintained in Groups R-2, R-3, R-4, 1-2, and all residential
properties that are available for rent or lease, regardless of occupant Toad, at all
of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with split
levels and without an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level
provided that the lower level is less than one full story below the upper level."
Section 907.4.1 Protection of fire alarm control unit: The following Exception
is added to Section 907.4.1:
"2. In residential installations where the control panel is located in a closet or
room with no mechanical equipment."
Section 907.6.3 Initiating device identification: Exceptions 1, 2 and 4 are deleted
from the section and a new Exception is added as follows:
"2. Fire alarm systems in one- and two family dwellings and townhouses."
Section 907.6.6 Monitoring: All Exceptions are deleted from this section.
Section 915.1.1 Where required: Section 915.1.1 is amended to read as follows:
"915.1.1 Where required. Carbon monoxide detection shall be provided in
Group 1-1, 1-2, 1-4, R, one- and two family dwellings and townhouse occupancies,
and in classrooms in E occupancies in the locations specified in Section 915.2
where any of the conditions in Sections 915.1.2 through 915.1.6 exist."
Section 1103.8 Single- and multiple -station smoke alarms: Section 1103.8 is
amended to read as follows:
"1103.8 Single- and multiple -station smoke alarms. Single- and multiple -
station smoke alarms shall be installed in existing 1-1, R, one- and two-family
dwellings and townhouse occupancies in accordance with Sections 1103.8.1
through 1103.8.3."
Section 1103.8.1 Where required: Exception 2 in this section is deleted.
Appendix B — Fire -flow Requirements For Buildings: The following statement
is added to Appendix B:
"The maximum flow reduction for sprinklered buildings shall not be greater than
50%."
17
Appendix D - Fire Apparatus Access Roads: The following statement is added to
Appendix D:
"This appendix is for reference only but may be used to assist in performance
based design. Refer to Title 14, Development Standards, Town of Vail Municipal
Code."
10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION
CODE
The following amendments are hereby made to The International Energy Conservation
Code, 2018 Edition:
Section C101.1 Title: Section C101.1 is amended to read as follows:
"C101.1 Title. These regulations shall be known as the Commercial Energy
Code of the Town of Vail, hereinafter referred to as 'this code-.
Table C402.1.3 Opaque Thermal Envelope Insulation Component Minimum
Requirements, R -Value Method: Table C402.1.3 is amended by adding the following
note:
"Note j.: Wood framed and other may use R-21 within wall cavities in lieu of
continuous insulation."
Section C403.3.2.3 Efficiency rating (mandatory): Section C403.3.2.3 is added to
read as follows:
"C403.3.2.3 Efficiency rating (mandatory). All heating equipment shall have a
minimum efficiency rating of 92% AFUE.
Exception: This requirement does not apply to the addition, alteration or repair
of an existing building."
Section R101.1 Title: Section R101.1 is amended to read as follows:
"R101.1 Title. These regulations shall be known as the Residential Energy Code
of the Town of Vail, hereinafter referred to as 'this code-.
Table R402.1.2 Insulation and Fenestration Requirements by Component: Table
R402.1.2 is amended by the addition of the following note:
"Note j.: Wood frame R -value may use R-21 within wall cavities in lieu of
continuous insulation."
Section R403.7.1 Efficiency rating (mandatory): Section R403.7.1 is added to read
as follows:
"R403.7.1 Efficiency rating (mandatory). All heating equipment shall have a
minimum efficiency rating of 92% AFUE.
18
Exception: This requirement does not apply to the addition, alteration or repair
of an existing building."
Section R403.13 Fire pits: Section R403.13 is added to read as follows:
"R403.13 Fire pits. Fire pits and outdoor fireplaces serving residential units
require automatic shut-off controls with a maximum 60 -minute timer."
10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE
The Town of Vail hereby adopts, by reference, all amendments to the International
Plumbing Code, 2018 Edition, as adopted by the State of Colorado and referred to as
the "Colorado Plumbing Code", as well as the following amendment:
Section 903.1 Roof extension: Section 903.1 is amended to read as follows:
"903.1 Roof extensions. Open vent pipes that extend through a roof shall be a
minimum of 3 inches (76 mm) in diameter and shall be terminated not less than
16 inches (406 mm) above the roof.
Note: Where a roof is to be used for any purpose other than weather protection,
open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof."
10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE
The Town of Vail hereby adopts, by reference, all amendments to the International Fuel
Gas Code, 2018 Edition, as adopted by the State of Colorado and referred to as the
"Colorado Fuel Gas Code".
10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE
The following amendments are hereby made to The International Mechanical Code,
2018 Edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Mechanical Code of the
Town of Vail, hereinafter referred to as 'this code-.
Section 101.2 Scope: Section 101.2 is amended by the deletion of the Exception.
Section 103 Department of Mechanical Inspection: Section 103 is deleted and
replaced with Section 103 of the International Building Code, as adopted.
Section 104 Duties and Powers of the Code Official and Section 105 Approval:
Sections 104 and 105 are deleted and replaced with Section 104 of the International
Building Code, as adopted.
19
Section 106.5.2 Fee schedule: Section 106.5.2 is deleted and replaced with Section
109.2 of the International Building Code, as amended and adopted.
Section 701.3 Combustion air ducts: Section 701.3 is added, to read as follows:
"701.3 Combustion air ducts. Combustion air ducts shall terminate to the
outside a minimum of 36 inches above finished grade."
Section 804.3.4 Horizontal terminations: Section 804.3.4 is amended to read as
follows:
"6. The bottom of the vent termination shall be located not less than 36 inches
above finished grade."
10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Existing Building Code of
the Town of Vail, hereinafter referred to as 'this code-.
Section 101.4.2 Buildings previously occupied: Section 101.4.2 is amended to read
as follows:
"101.4.2 Buildings previously occupied. The legal occupancy of any building
existing on the date of adoption of this code shall be permitted to continue
without change, except as is specifically covered in this code, the International
Fire Code, or as deemed necessary by the code official for the general safety
and welfare of the occupants and the public."
10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70
The Town of Vail hereby adopts, by reference, all amendments to the National Electrical
Code, NFPA 70, 2017 Edition, as adopted by the State of Colorado and referred to as
the "Colorado Electrical Code".
10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
The following amendment is hereby made to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition:
Section 301 General: Section 301 is amended to reads as follows:
"Section 301 General. For the purpose of this code, certain terms, phrases,
words, and their derivatives shall be construed as specified in this section or as
specified in the Building Code.
20
BUILDING CODE is the International Building Code, as adopted and amended
by the Town of Vail.
DANGEROUS BUILDING is any building or structure deemed to be dangerous
under the provisions of Section 302 of this code."
10-1-12: COPIES OF CODES AVAILABLE
Copies of all codes adopted by this Chapter and all amendments thereto shall be
available for inspection at the Office of the Town Clerk during regular business hours
and are available to be viewed online at www.iccsafe.org and www.vailgov.com.
10-1-13: PENALTIES
A. A person, company, corporation or other entity who violates any provision of the
Codes adopted by this Chapter; or fails to comply with any order made thereunder;
or who builds in violation of any detailed statements, specifications or plans
submitted and approved thereunder; or any certificate or permit issued thereunder;
shall be subject to the penalties provided in Title 1, Chapter 4, Section 1 of this
Code. Each day the violation continues shall constitute a separate offense.
B. The Town of Vail may maintain an action for damages, declatory relief, specific
performance, injunction, or any other appropriate relief for a violation of any provision
of this Chapter.
SECTION 2. The Codes adopted and amended by this Ordinance shall be effective for
all Building Permit Applications received by the Town of Vail's Community Development
Department on or after January 1, 2019.
SECTION 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
SECTION 4: The amendment of any provision of the Vail Town Code in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or ordinance previously repealed or superseded unless
expressly stated herein.
SECTION 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
21
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2018 and a
public hearing and second reading of this Ordinance set for the 6th day of November, 2018 in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND
ORDERED PUBLISHED IN FULL this 6th day of November, 2018.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
22
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 17, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 7th day of November, 2018.
Witness my hand and seal this 7th day of November, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 17
SERIES OF 2018
AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL
TOWN CODE AND ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE,
INTERNATIONAL FIRE CODE, INTERNATIONAL ENERGY CONSERVATION CODE,
INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE,
INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE;
AND THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 1997 EDITION
OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; WITH
AMENDMENTS THERETO.
WHEREAS, the 2018 editions of the International Building Code, International
Residential Code, International Fire Code, International Energy Conservation Code,
International Plumbing Code, International Fuel Gas Code, International Mechanical Code,
International Existing Building Code; and the 2017 Edition of the National Electrical Code; and
the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings have been
published;
WHEREAS, the 2015 International Codes currently adopted by the Town of Vail lack the
updates contained within in the 2018 International Codes that address modern construction
means, methods, safety improvements, and code clarity;
WHEREAS, the adoption and use of the 2017 edition of the National Electrical Code is
required by the State of Colorado;
WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has
recommended adoption of the codes set forth in this ordinance; and
WHEREAS, the Vail Town Council finds that the adoption of the codes set forth in this
ordinance will promote the health, safety and general welfare of the public and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
10-1-1: CODES ADOPTED BY REFERENCE
1
The following codes are hereby adopted by reference, as amended:
A. Building Code - The International Building Code, 2018 edition, including Appendices
B, E, G, J and K, published by the International Code Council, 4051 Flossmoor
Road, Country Club Hills, IL 60478-5975
B. Residential Code - Chapters 1 through 10 of The International Residential Code,
2018 edition, including Appendices F and J, published by the International Code
Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975
C. Fire Code - The International Fire Code, 2018 edition, including Appendices A, B, C,
D, E, G, H, I and J, published by the International Code Council, 4051 Flossmoor
Road, Country Club Hills, IL 60478-5975
D. Energy Code - The International Energy Conservation Code, 2018 edition, published
by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL
60478-5975
E. Plumbing Code - The International Plumbing Code, 2018 edition, published by the
International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-
5975
F. Fuel Gas Code - The International Fuel Gas Code, 2018 edition, published by the
International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-
5975
G. Mechanical Code - The International Mechanical Code, 2018 edition, published by
the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-
5975
H. Existing Building Code - The International Existing Building Code, 2018 edition,
published by the International Code Council, 4051 Flossmoor Road, Country Club
Hills, IL 60478-5975
I. Electrical Code - NFPA 70, The National Electrical Code, 2017 Edition, published by
the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA
02269
J. Abatement Code - The Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, published by the International Conference of Building Officials, 5360
Workman Mill Road, Whittier, CA 90601-2298
10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE
The following amendments are hereby made to the International Building Code, 2018
Edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Building Code of the Town
of Vail, hereinafter referred to as 'this code-.
Section 101.4 Referenced codes: Section 101.4 is amended to read as follows:
2
"101.4 Referenced codes. The other codes listed in Sections 101.4.1 through
101.4.7 and referenced elsewhere in this code shall not be considered a part of
this code unless specifically adopted."
Section 105.2 Work exempt from permit: Section 105.2 is amended to read as
follows:
"Building:
2. Fences not over 6 feet high. Note: Fences required per Section 1510.8.4 and
3109 are not exempt from a permit.
14. Decks that are not over 30 inches above grade at any point and not part of a
means of egress or an accessible route."
Section 109.2 Schedule of permit fees: Section 109.2 is amended to read as follows:
"109.2 Schedule of permit fees. On buildings, structures, electrical, gas,
mechanical and plumbing systems or alterations requiring a permit, a fee for
each permit shall be paid as required, in accordance with the following Town of
Vail Permit and Inspection Fee Schedule:"
Total Valuation:
Fees:
$1.00 to $500.00
$50.00
$501.00 to $2,000.00
$50.00 for the first $500 plus $3.05 for each additional $100 or fraction
thereof, to and including $2000.
$2,001.00 to $25,000.00
$87.50 for the first $2000 plus $14.00 for each additional $1,000 or fraction
thereof, to and including $25,000.
$25,001.00 to $50,000.00
$409.50 for the first $25,000 plus $10.10 for each additional $1,000 or
fraction thereof, to and including $50,000.
$50,001.00 to $100,000.00
$662.00 for the first $50,000 plus $7.00 for each additional $1,000 or
fraction thereof, to and including $100,000.
$100,001.00 to $500,000.00
$1012.00 for the first $100,000 plus $6.50 for each additional $1,000 or
fraction thereof, to and including $500,000.
$500,001.00 to $1,000,000.00
$3612.00 for the first $500,000 plus $5.00 for each additional $1,000 or
fraction thereof, to and including $1,000,000.
$1,000,001 and above
$6112.00 for the first $1,000,000 plus $4.00 for each additional $1,000 or
fraction thereof.
3
Other related fees:
• Building plan review fees 65% of Permit Fee
• Plumbing and Mechanical plan review fees 25% of Permit Fee
Electrical plan review fees 25% of Permit Fee
Plan revision fees $75.00/hr., min. 2 hours
Inspections outside of regular business hours $105.00/hr., min. 2 hours
Re -inspection fees $105.00/inspection
• Will -Call fee (added to every permit for will -call inspection services) $5.00
Plumbing and Mechanical permit fees shall be calculated utilizing the fee table above.
• Any work commencing prior to issuance of a permit is subject to double -permit fees.
• All electrical permit fees will be based on the current State of Colorado Electrical Fee Schedule,
plus 15%. This includes TWO inspections. For ANY additional inspections, including re -
inspections for corrections assessed by the inspector(s), an additional fee of $105.00 per
inspection will be assessed. This fee shall be paid prior to any further inspections.
Section 110.3.9 Other inspections: Section 110.3.9 is amended by the addition of the
following text:
"The Building Official shall also be authorized to make or require inspections of
construction work as required by Titles 11 through 14 of the Town of Vail
Municipal Code."
Section 1505.1 General: Section 1505.1 is amended to read as follows:
"1505.1 General. In accordance with Town of Vail Municipal Codes, all roof
coverings shall be Class A roofing only. Wood shakes and shingles are not
permitted except where exempted for replacement or repair as defined below.
Where the roof profile allows space between the roof covering and the roof
decking at the eave ends, the spaces shall be constructed to prevent intrusion of
flames and embers or have one layer of 72 -pound (32.4 kg) mineral -surfaced
non -perforated cap sheet complying with ASTM D3909 installed over the
combustible decking.
Replacement or Repair: Each structure with a nonconforming roof covering or
roof assembly shall be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair in excess of
twenty five percent (25%) or a second replacement or repair of the roof covering
or roof assembly shall trigger replacement of the nonconforming covering or
assembly in its entirety. For purposes of this section, a two-family dwelling shall
be considered two separate structures. Emergency repairs of less than 10
square feet shall not be subject to the twenty five percent (25%) rule.
Exception: Metal and concrete roofing systems."
4
Table 1505.1 Minimum Roof Covering Classification for Types of Construction and
all associated footnotes are deleted.
Section 1505.3 Class B roof assemblies is deleted.
Section 1505.4 Class C roof assemblies is deleted.
Section 1505.5 Nonclassified roofing is deleted.
Section 1505.6 Fire -retardant -treated wood shingles and shakes is deleted.
Section 1505.7 Special purpose roofs is deleted.
Section 1507.1.2 Ice barriers: Section 1507.1.2 is amended to read as follows:
"1507.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal
roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other
shingles. The ice barrier shall consist of not less than two layers of underlayment
cemented together, or a self -adhering polymer modified bitumen sheet shall be
used in place of normal underlayment. The ice barrier shall completely cover all
roof surfaces.
Exception: Detached accessory structures that do not contain conditioned floor
area."
Section 1510.8.6 Snow retention devices: Section 1510.8.6 is added, to read as
follows:
"1510.8.6 Snow retention devices. New roof assemblies shall be designed to
prevent accumulations of snow from shedding onto exterior balconies, decks,
stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings,
areas directly above or in front of utility meters and/or adjacent properties. The
design of snow retention devices shall be provided by a registered design
professional or as determined by the Building Official.
Exception: Roof areas with a horizontal projection of less than 48 inches that
will not receive snow shedding from a higher roof. The horizontal projection shall
be measured perpendicular to the exterior wall line from the edge of the roof or
eave to the intersecting wall surface."
Section 1603.1.10 Boulder and rock walls: Section 1603.2 is added, to read as
follows:
"1603.1.10 Boulder and rock walls. Boulder or rock walls with a height of
greater than 48 inches shall be designed by a registered design professional and
shall comply with Section 1603.1."
Section 1604.1.1 Hazard areas: Section 1604.1.1 is added, to read as follows:
5
"1604.1.1 Hazard areas. All new construction and additions to existing
structures located in mapped debris flow, rock fall, avalanche and flood hazard
areas shall be designed in compliance with Title 12, Chapter 21 of the Town of
Vail Municipal Code."
Section 1608.1 General is deleted.
Section 1608.2 Ground snow loads: Section 1608.2 is amended to read as follows:
"1608.2 Ground and roof snow loads. The ground snow load for the Town of
Vail is 142 pounds per square foot. Designs for roof snow loads shall be as
follows:
1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per
square foot snow load.
2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per
square foot snow load.
There is no allowance for pitch reduction nor is there a requirement to increase
surcharge loading due to snow drifting or type of roof covering. Snow loads for
decks and exterior balconies shall be as required for roofs."
Section 1809.5 Frost protection: Section 1809.5 is amended to read as follows:
"1. Extending to no less than 48 inches below grade."
Section 2111.1 General: Section 2111.1 is amended to read as follows:
"2111.1 General. The construction of masonry fireplaces, consisting of concrete
or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the
Town of Vail Municipal Code."
Section 2902.2 Separate facilities: Section 2902.2 is amended to read as follows:
"Exception 2: Separate facilities shall not be required in structures or tenant
spaces with a total occupant load, including both employees and customers, of
30 or fewer."
Exception 4 is deleted.
Section 3107.1 General: Section 3107.1 is amended to read as follows:
"3107.1 General. Signs shall be designed, constructed and maintained in
accordance with this code and Title 11 of the Town of Vail Municipal Codes."
Section 3109 Swimming Pools: Section 3109 is amended to read as follows:
"SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES
3109.1 General. Swimming pools shall comply with the requirements of Sections
3109.2 through 3109.5, other applicable sections of this code, and the Colorado
Department of Public Health and Environment Water Quality Control Division
standard 5 CCR 1003-5.
6
3109.2 Definition. The following term is defined in Chapter 2: SWIMMING
POOLS.
3109.3 Public and semi-public swimming pools. Public and semi-public
swimming pools as defined by Colorado Department of Public Health and
Environment Water Quality Control Division standard 5 CCR 1003-5 shall be
completely enclosed by a fence not less than 60 inches (1524 mm) in height or a
screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-
diameter (102 mm) sphere. The fence or screen enclosure shall be equipped
with self-closing and self-latching gates, with the latch a minimum of 54 inches
(1372 mm) high.
3109.4 Private swimming pools. Private swimming pools as defined by
Colorado Department of Public Health and Environment Water Quality Control
Division standard 5 CCR 1003-5 shall be completely enclosed by a barrier
complying with Sections 3109.4.1 through 3109.4.3.
Exception: A swimming pool with a power safety cover or a spa with a safety
cover complying with ASTM F 1346 need not comply with this section.
3109.4.1 Barrier height and clearances. The top of the barrier shall be not less
than 48 inches (1219 mm) above grade measured on the side of the barrier that
faces away from the swimming pool. The vertical clearance between grade and
the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on
the side of the barrier that faces away from the swimming pool. Where the top of
the pool structure is above grade, the barrier is authorized to be at ground level
or mounted on top of the pool structure, and the vertical clearance between the
top of the pool structure and the bottom of the barrier shall be not greater than 4
inches (102 mm).
3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4-
inch-diameter (102 mm) sphere.
3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings
shall not contain indentations or protrusions except for normal construction
tolerances and tooled masonry joints.
3109.4.1.3 Closely spaced horizontal members. Where the barrier is
composed of horizontal and vertical members and the distance between the tops
of the horizontal members is less than 45 inches (1143 mm), the horizontal
members shall be located on the swimming pool side of the fence. Spacing
between vertical members shall be not greater than 1 3/4 inches (44 mm) in
width. Where there are decorative cutouts within vertical members, spacing
within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width.
3109.4.1.4 Widely spaced horizontal members. Where the barrier is composed
of horizontal and vertical members and the distance between the tops of the
horizontal members is 45 inches (1143 mm) or more, spacing between vertical
members shall be not greater than 4 inches (102 mm). Where there are
decorative cutouts within vertical members, spacing within the cutouts shall be
not greater than 1 3/4 inches (44 mm) in width.
7
3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not
greater than a 2 1/4 -inch square (57 mm square) unless the fence is provided
with slats fastened at the top or the bottom that reduce the openings to not more
than 1 3/4 inches (44 mm).
3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal
members, the opening formed by the diagonal members shall be not greater than
1 3/4 inches (44 mm).
3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of
Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate
a locking device. Pedestrian access doors or gates shall open outward away
from the pool and shall be self-closing and have a self -latching device. Doors or
gates other than pedestrian access doors or gates shall have a self -latching
device. Release mechanisms shall be in accordance with Sections 1010.1.9 and
1109.13. Where the release mechanism of the self -latching device is located less
than 54 inches (1372 mm) from the bottom of the door or gate, the release
mechanism shall be located on the pool side of the door or gate 3 inches (76
mm) or more, below the top of the door or gate, and the door or gate and barrier
shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457
mm) of the release mechanism.
3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part
of the barrier, one of the following shall apply:
1. Doors with direct access to the pool through that wall shall be equipped with
an alarm that produces an audible warning when the door or its screen, if
present, are opened. The alarm shall be listed and labeled in accordance with UL
2017. In dwellings not required to be Accessible units, Type A units or Type B
units, the deactivation switch shall be located 54 inches (1372 mm) or more
above the threshold of the door. In dwellings required to be Accessible units,
Type A units or Type B units, the deactivation switch shall be located not higher
than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the
threshold of the door.
2. The pool shall be equipped with a power safety cover that complies with ASTM
F 1346.
3. Other means of protection, such as self-closing doors with self -latching
devices, which are approved, shall be accepted so long as the degree of
protection afforded is not less than the protection afforded by Item 1 or 2 above.
3109.4.1.9 Pool structure as barrier. Where an above -ground pool structure is
used as a barrier or where the barrier is mounted on top of the pool structure,
and the means of access is a ladder or steps, then the ladder or steps either
shall be capable of being secured, locked or removed to prevent access, or the
ladder or steps shall be surrounded by a barrier that meets the requirements of
Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured,
locked or removed, any opening created shall not allow the passage of a 4 -inch -
diameter (102 mm) sphere.
8
3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools
shall not be required to comply with Section 3109.4.1.8.
3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used to climb the
barriers.
3109.5 Entrapment avoidance. Suction outlets shall be designed and installed
in accordance with ANSI/APSP-7."
10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE
The following amendments are hereby made to the International Residential Code, 2018
Edition:
Section R101.1 Title: Section 101.1 is amended to read as follows:
"R101.1 Title. These provisions shall be known as the Residential Code of the
Town of Vail, hereinafter referred to as 'this code-.
Section R105.2 Work exempt from permit: Section R105.2 is amended to read as
follows:
"Building:
2. Fences not over 6 feet high.
10. Decks that are not over 30 inches above grade at any point and do not serve
the exit door required by Section R311.4."
Section R109.1.5 Other inspections: Section R109.1.5 is amended by the addition of
the following text:
"The Building Official shall also be authorized to make or require inspections of
construction work as required by Chapter 17 of the International Building Code
and by Titles 11 through 14 of the Town of Vail Municipal Code."
Table R301.2(1) Climatic and Geographic Design Criteria: Table R301.2(1) is
amended to read as follows:
Climate
Zone
Ground
Snow
Load
Wind
Speed
(mph)
Topographic
Effects
Seismic
Design
Category
Weathering
Frost
Line
Termite
Winter
Design
Temp
Ice Barrier
Underlayment
Required
Air Freezing
Index
6B
142
115
B
B
Severe
48
Slight/Mod.
-5
Yes
2500
Section R301.2.3 Snow loads: Section R301.2.3 is amended to read as follows:
"R301.2.3 Ground and roof snow loads. The ground snow load for the Town of
Vail is 142 pounds per square foot. Designs for roof snow loads shall be as
follows:
1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per
square foot snow load.
9
2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per
square foot snow load.
There is no allowance for pitch reduction nor is there a requirement to increase
surcharge loading due to snow drifting or type of roof covering. Snow loads for
decks and exterior balconies shall be as required for roofs. All buildings and
structures shall be designed in accordance with accepted engineering practice."
Table R301.5 Maximum Uniformly Distributed Live Loads: Table R301.5 is
amended by deleting "Balconies (exterior) and decks" and "Fire escapes" from the table
and adding new footnote (i) to read as follows:
"Note i. The minimum uniformly distributed live loads for exterior balconies and
decks shall be 100 psf."
Section R302.1 Exterior Walls: Section R302.1 is amended by adding the following
text:
"Exception 6: Projections, openings or penetrations in shared walls of two-family
dwelling units with a lot line separating the units along the shared wall."
Section R311.7.11 Alternating tread devices: Section 311.7.11 is amended to read
as follows:
"Exception: Alternating tread devices are allowed to be used as an element of a
means of egress for lofts, mezzanines and similar areas of 200 gross square feet
(18.6 m2) or less where an emergency escape and rescue opening is provided
for the area served and such devices do not provide exclusive access to a
kitchen or bathroom."
Section R311.7.12 Ships ladders: Section R311.7.12 is amended to read as follows:
"Exception: Ships ladders are allowed to be used as an element of a means of
egress for lofts, mezzanines and similar areas of 200 gross square feet (18.6 m2)
or less where an emergency escape and rescue opening is provided for the area
served and such devices do not provide exclusive access to a kitchen or
bathroom."
Section R313.1 Townhouse automatic fire sprinkler systems: Section R313.1 is
amended to read as follows:
"Exception: An automatic residential fire sprinkler system may be required
where additions and alterations are made to existing townhouses depending on
scope and size of the project in accordance with Vail Fire and Emergency
Services fire sprinkler installation requirements."
Section R313.1.1 Design and installation: Section R313.1.1 is amended to read as
follows:
"R313.1.1 Design and installation. Automatic residential fire sprinkler systems
for townhouses shall be designed and installed in accordance with NFPA 13D
and Vail Fire and Emergency Services fire sprinkler installation requirements."
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Section R313.2 One- and two-family dwellings automatic fire sprinkler systems:
Section R313.2 is amended to read as follows:
"Exception: An automatic residential fire sprinkler system may be required
where additions and alterations are made to existing buildings depending on
scope and size of the project in accordance with Vail Fire and Emergency
Services fire sprinkler installation requirements."
Section R313.2.1 Design and installation: Section R313.2.1 is amended to read as
follows:
"R313.2.1 Design and installation. Automatic residential fire sprinkler systems
shall be designed and installed in accordance with NFPA 13D and Vail Fire and
Emergency Services fire sprinkler installation requirements."
Section R315.2 Where required: Section R315.2 is amended to read as follows:
"R315.2 Where required. Carbon monoxide alarms shall be provided in
accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
Section R315.2.1 New construction: Section R315.2.1 is amended to read as follows:
"R315.2.1 New construction. For new construction, carbon monoxide alarms
shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101
and Vail Fire and Emergency Services alarm installation standards."
Section R315.3 Location: Section R315.3 is amended with the addition of the following
text:
"In addition to the above locations, carbon monoxide alarms shall be provided in
accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
Section R315.7 Carbon monoxide detection systems: Section R315.7 is amended to
read as follows:
"R315.7 Carbon monoxide detection systems. Carbon monoxide detection
systems shall be permitted to be used in lieu of carbon monoxide alarms and
shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
Section R315.7.2 Locations: Section R315.7.2 is amended to read as follows:
"R315.7.2 Location. Carbon monoxide detectors shall be installed in accordance
with Section R315.3, as amended."
Section R326.1 General: Section R326.1 is amended to read as follows:
"R326.1 General. The design and construction of pools and spas shall comply
with Section 3109 of the International Building Code, as amended."
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Section R507.2.1 Wood materials: Section R507.2.1 is amended with the addition of
the following exception:
"Exception: An approved flashing detail in accordance with Section R507.2.4
that prevents moisture and water accumulation on member surfaces and joints
may be utilized in -lieu of preservative -treated materials."
Section R902.1 Roofing covering materials: Section R902.1 is amended to read as
follows:
"R902.1 Roofing covering materials. In accordance with Town of Vail Municipal
Codes, all roof coverings shall be Class A roofing only. Class A roofing required
by this section to be listed shall be tested in accordance with UL 790 and ASTM
E108. Wood shakes and shingles are not permitted except where exempted for
replacement or repair as defined below. Where the roof profile allows space
between the roof covering and the roof decking at the eave ends, the spaces
shall be constructed to prevent intrusion of flames and embers, or have one layer
of 72 -pound (32.4 kg) mineral -surfaced non -perforated cap sheet complying with
ASTM D3909 installed over the combustible decking.
Replacement or Repair: Each structure with a nonconforming roof covering or
roof assembly shall be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair in excess of
twenty five percent (25%) or a second replacement or repair of the roof covering
or roof assembly shall trigger replacement of the nonconforming covering or
assembly in its entirety. For purposes of this section, a two-family dwelling shall
be considered two separate structures. Emergency repairs of less than 10
square feet shall not be subject to the twenty five percent (25%) rule.
Exception: Metal and concrete roofing systems."
Section 902.2 Fire -retardant -treated wood shingles and shakes is deleted.
Section R903.5 Snow retention devices: Section R903.5 is added, to read as follows:
"903.5 Snow retention devices. New roof assemblies shall be designed to
prevent accumulations of snow from shedding onto areas directly above or in
front of utility meters and/or adjacent properties. The design of snow retention
devices shall be provided by a registered design professional or as determined
by the Building Official.
Exception: Roof areas with a horizontal projection of less than 48 inches that
will not receive snow shedding from a higher roof. The horizontal projection shall
be measured perpendicular to the exterior wall line from the edge of the roof or
eave to the intersecting wall surface."
Section R905.1.2 Ice barriers: Section R905.1.2 is amended to read as follows:
"R905.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal
roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other
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shingles. The ice barrier shall consist of not less than two layers of underlayment
cemented together, or a self -adhering polymer modified bitumen sheet shall be
used in place of normal underlayment. The ice barrier shall completely cover all
roof surfaces.
Exception: Detached accessory structures that do not contain conditioned floor
area."
Section R1001.1 General: Section R1001.1 is amended to read as follows:
"R1001.1 General. Masonry fireplaces shall be constructed in accordance with
this section, the applicable provisions of Chapters 3 and 4 of this code, and with
Title 5 of the Town of Vail Municipal Code."
CHAPTERS 11 THROUGH 43 ARE DELETED FROM THE INTERNATIONAL
RESIDENTIAL CODE AND REPLACED WITH THE CORRESPONDING
INTERNATIONAL CODES AND NATIONAL ELECTRICAL CODE.
10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE
The following amendments are hereby made to The International Fire Code, 2018
Edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Fire Code of the Town of
Vail, hereinafter referred to as 'this code-.
Section 202 Definitions: The following definitions are amended to read as follows:
"FALSE ALARM: See Title 4, Business and License Regulations, Town of Vail
Municipal Code."
"PORTABLE OUTDOOR FIREPLACE: A portable, outdoor, solid -fuel burning
fireplace that may be constructed of steel, concrete, clay or other non-
combustible material and equipped with a screen or other approved spark
arrestor. A portable outdoor fireplace may be open in design, or may be
equipped with a small hearth opening and a short chimney or chimney opening in
the top."
Section 202 Definitions: The following definition is added to read as follows:
"TAMPERING: Any alteration, damage, misuse, deactivation or other similar
action that renders any fire protection, fire detection or other life -safety system
inoperable without the express written approval of Vail Fire and Emergency
Services."
Section 307.1.1 Prohibited open burning: Section 307.1.1 is amended to read as
follows:
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"307.1.1 Prohibited open burning. The following burning activities are unlawful
in the Town of Vail:
1. Open burning.
2. Bonfires.
3. Recreational fires.
4. The burning of any materials when a National Weather Service Red Flag
Warning is activated.
5. The burning of any materials when Stage 2 or 3 fire restrictions are in place.
6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in
place.
Exceptions:
1. Burning conducted for training purposes by Vail Fire and Emergency Services.
2. If the burning is a smokeless flare or safety flare used to indicate danger to the
public.
3. Open burning conducted pursuant to a permit issued by the Fire Code Official
upon written application, if the Fire Code Official determines that such burning
will be performed without hazard to the public health, safety or welfare.
4. Prescribed burning for the purpose of reducing the impact of wildland fire when
authorized by the Fire Code Official.
5. The use of propane or natural gas appliances equipped with automatic shut-off
controls."
Section 307.3 Extinguishment authority: Section 307.3 is amended to read as
follows:
"307.3 Extinguishment authority. Where any open burning, permitted or
otherwise (including the use of a portable outdoor fireplace), creates or adds to a
hazardous situation or creates a nuisance or health risk due to smoke or other
products of combustion, the fire shall be ordered to be extinguished by Vail Fire
and Emergency Services or Vail Police Department."
Section 307.4.1 Bonfires is deleted.
Section 307.4.2 Recreational fires is deleted.
Section 307.4.3 Portable outdoor fireplaces: Section 307.4.3 is amended to read as
follows:
"307.4.3 Portable outdoor fireplaces. Use of a portable outdoor fireplace shall
be permitted, subject to the following restrictions:
1. Portable outdoor fireplaces shall be equipped with a properly fitting spark
screen or arrestor.
2. Portable outdoor fireplaces shall be used in accordance with manufacturer's
instructions.
3. Portable outdoor fireplaces shall maintain a minimum clearance of fifteen (15)
feet from any structure or other combustible materials.
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4. Smoke created from a portable outdoor fireplace shall be maintained in such a
manner as to avoid causing a nuisance or hazardous condition.
5. Use of a portable outdoor fireplace shall be in accordance with Section 307.5,
as amended.
6. Use of a portable outdoor fireplace on short-term rental property is strictly
prohibited.
7. Use of a portable outdoor fireplace is prohibited when Stage 2 or 3 fire
restrictions are in place."
Section 307.5 Attendance: Section 307.5 is amended to read as follows:
"307.5 Attendance. Permitted open burning, including the use of portable
outdoor fireplaces, shall be constantly attended until the fire is extinguished. Not
fewer than one portable fire extinguisher complying with Section 906 with a
minimum 3A:60B:C rating or other approved on-site fire -extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, shall be available for
immediate utilization."
Section 308.1.6.3 Sky lanterns: Section 308.3.6.3 is amended to read as follows:
"308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited.
Section 308.3.1 Open -flame decorative devices: Section 308.3.1 is amended with
the addition of the following text:
"11. Candles may only be used in constantly attended locations."
Section 503.6 Security gates: Section 503.6 is amended to read as follows:
"503.6 Security gates. The installation of security gates across a fire apparatus
access road or driveway shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be maintained
operational at all times. Electric gate operators, where provided, shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements of ASTM F
2200."
Section 901.6 Inspection, testing and maintenance: Section 901.6 is amended to
read as follows:
"901.6 Inspection, testing and maintenance. Fire detection and alarm systems,
emergency alarm systems, gas -detection systems, fire -extinguishing systems,
mechanical smoke exhaust systems and smoke and heat vents shall be
maintained in an operative condition at all times, and shall be replaced or
repaired where defective. Existing systems, including signaling and notification
devices that are no longer listed by UL or supported by the manufacturer shall be
replaced per current NFPA and Vail Fire and Emergency Services standards.
15
Non -required fire protection systems and equipment shall be inspected, tested
and maintained or removed."
Section 903.2.10 Group S-2 enclosed parking garages: The Exception listed under
Section 903.2.10 is deleted.
Section 903.3.1.3 NFPA 13D sprinkler systems: Section 903.3.1.3 is amended to
read as follows:
"903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that are
installed in one- and two-family dwellings and townhouses shall be installed in
accordance with NFPA 13D and Vail Fire and Emergency Services installation
standards."
Section 903.4 Sprinkler system supervision and alarms: All Exceptions listed under
Section 903.4 are deleted.
Section 907.2 Where required — new buildings and structures: Section 907.2 is
amended to read as follows:
"907.2 Where required — new buildings, structures, one- and two-family
dwellings and townhouses. An approved fire alarm system installed in
accordance with the provisions of this code, NFPA 72 and Vail Fire and
Emergency Services installation standards shall be provided in new buildings,
structures, one- and two-family dwellings and townhouses in accordance with
Sections 907.2.1 through 907.2.23 and provide occupant notification in
accordance with Section 907.5, unless other requirements are provided by
another section of this code.
Not fewer than one manual fire alarm box shall be provided in an approved
location to initiate a fire alarm signal for fire alarm systems employing automatic
fire detectors or waterflow detection devices. Where other sections of this code
allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box
shall be installed.
Exceptions:
1. The manual fire alarm box is not required for fire alarm systems dedicated to
elevator recall control and supervisory service.
2. The manual fire alarm box is not required for Group R-2 occupancies unless
required by the Fire Code Official to provide a means for fire watch personnel to
initiate an alarm during a sprinkler system impairment event. Where provided, the
manual fire alarm box shall not be located in an area that is open to the public.
3. The manual fire alarm box is not required for fire alarm systems dedicated to
one- and two-family dwellings and townhouses."
Section 907.2.10.2 Groups R-2, R-3, R-4 and 1-2: Section 907.2.10.2 is amended to
read as follows:
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"907.2.10.2 Groups R-2, R-3, R-4, 1-2, and all residential properties that are
available for rent or lease. Single or multiple -station smoke alarms shall be
installed and maintained in Groups R-2, R-3, R-4, 1-2, and all residential
properties that are available for rent or lease, regardless of occupant Toad, at all
of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with split
levels and without an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level
provided that the lower level is less than one full story below the upper level."
Section 907.4.1 Protection of fire alarm control unit: The following Exception
is added to Section 907.4.1:
"2. In residential installations where the control panel is located in a closet or
room with no mechanical equipment."
Section 907.6.3 Initiating device identification: Exceptions 1, 2 and 4 are deleted
from the section and a new Exception is added as follows:
"2. Fire alarm systems in one- and two family dwellings and townhouses."
Section 907.6.6 Monitoring: All Exceptions are deleted from this section.
Section 915.1.1 Where required: Section 915.1.1 is amended to read as follows:
"915.1.1 Where required. Carbon monoxide detection shall be provided in
Group 1-1, 1-2, 1-4, R, one- and two family dwellings and townhouse occupancies,
and in classrooms in E occupancies in the locations specified in Section 915.2
where any of the conditions in Sections 915.1.2 through 915.1.6 exist."
Section 1103.8 Single- and multiple -station smoke alarms: Section 1103.8 is
amended to read as follows:
"1103.8 Single- and multiple -station smoke alarms. Single- and multiple -
station smoke alarms shall be installed in existing 1-1, R, one- and two-family
dwellings and townhouse occupancies in accordance with Sections 1103.8.1
through 1103.8.3."
Section 1103.8.1 Where required: Exception 2 in this section is deleted.
Appendix B — Fire -flow Requirements For Buildings: The following statement
is added to Appendix B:
"The maximum flow reduction for sprinklered buildings shall not be greater than
50%."
17
Appendix D - Fire Apparatus Access Roads: The following statement is added to
Appendix D:
"This appendix is for reference only but may be used to assist in performance
based design. Refer to Title 14, Development Standards, Town of Vail Municipal
Code."
10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION
CODE
The following amendments are hereby made to The International Energy Conservation
Code, 2018 Edition:
Section C101.1 Title: Section C101.1 is amended to read as follows:
"C101.1 Title. These regulations shall be known as the Commercial Energy
Code of the Town of Vail, hereinafter referred to as 'this code-.
Table C402.1.3 Opaque Thermal Envelope Insulation Component Minimum
Requirements, R -Value Method: Table C402.1.3 is amended by adding the following
note:
"Note j.: Wood framed and other may use R-21 within wall cavities in lieu of
continuous insulation."
Section C403.3.2.3 Efficiency rating (mandatory): Section C403.3.2.3 is added to
read as follows:
"C403.3.2.3 Efficiency rating (mandatory). All heating equipment shall have a
minimum efficiency rating of 92% AFUE.
Exception: This requirement does not apply to the addition, alteration or repair
of an existing building."
Section R101.1 Title: Section R101.1 is amended to read as follows:
"R101.1 Title. These regulations shall be known as the Residential Energy Code
of the Town of Vail, hereinafter referred to as 'this code-.
Table R402.1.2 Insulation and Fenestration Requirements by Component: Table
R402.1.2 is amended by the addition of the following note:
"Note j.: Wood frame R -value may use R-21 within wall cavities in lieu of
continuous insulation."
Section R403.7.1 Efficiency rating (mandatory): Section R403.7.1 is added to read
as follows:
"R403.7.1 Efficiency rating (mandatory). All heating equipment shall have a
minimum efficiency rating of 92% AFUE.
18
Exception: This requirement does not apply to the addition, alteration or repair
of an existing building."
Section R403.13 Fire pits: Section R403.13 is added to read as follows:
"R403.13 Fire pits. Fire pits and outdoor fireplaces serving residential units
require automatic shut-off controls with a maximum 60 -minute timer."
10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE
The Town of Vail hereby adopts, by reference, all amendments to the International
Plumbing Code, 2018 Edition, as adopted by the State of Colorado and referred to as
the "Colorado Plumbing Code", as well as the following amendment:
Section 903.1 Roof extension: Section 903.1 is amended to read as follows:
"903.1 Roof extensions. Open vent pipes that extend through a roof shall be a
minimum of 3 inches (76 mm) in diameter and shall be terminated not less than
16 inches (406 mm) above the roof.
Note: Where a roof is to be used for any purpose other than weather protection,
open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof."
10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE
The Town of Vail hereby adopts, by reference, all amendments to the International Fuel
Gas Code, 2018 Edition, as adopted by the State of Colorado and referred to as the
"Colorado Fuel Gas Code".
10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE
The following amendments are hereby made to The International Mechanical Code,
2018 Edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Mechanical Code of the
Town of Vail, hereinafter referred to as 'this code-.
Section 101.2 Scope: Section 101.2 is amended by the deletion of the Exception.
Section 103 Department of Mechanical Inspection: Section 103 is deleted and
replaced with Section 103 of the International Building Code, as adopted.
Section 104 Duties and Powers of the Code Official and Section 105 Approval:
Sections 104 and 105 are deleted and replaced with Section 104 of the International
Building Code, as adopted.
19
Section 106.5.2 Fee schedule: Section 106.5.2 is deleted and replaced with Section
109.2 of the International Building Code, as amended and adopted.
Section 701.3 Combustion air ducts: Section 701.3 is added, to read as follows:
"701.3 Combustion air ducts. Combustion air ducts shall terminate to the
outside a minimum of 36 inches above finished grade."
Section 804.3.4 Horizontal terminations: Section 804.3.4 is amended to read as
follows:
"6. The bottom of the vent termination shall be located not less than 36 inches
above finished grade."
10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE
Section 101.1 Title: Section 101.1 is amended to read as follows:
"101.1 Title. These regulations shall be known as the Existing Building Code of
the Town of Vail, hereinafter referred to as 'this code-.
Section 101.4.2 Buildings previously occupied: Section 101.4.2 is amended to read
as follows:
"101.4.2 Buildings previously occupied. The legal occupancy of any building
existing on the date of adoption of this code shall be permitted to continue
without change, except as is specifically covered in this code, the International
Fire Code, or as deemed necessary by the code official for the general safety
and welfare of the occupants and the public."
10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70
The Town of Vail hereby adopts, by reference, all amendments to the National Electrical
Code, NFPA 70, 2017 Edition, as adopted by the State of Colorado and referred to as
the "Colorado Electrical Code".
10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
The following amendment is hereby made to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition:
Section 301 General: Section 301 is amended to reads as follows:
"Section 301 General. For the purpose of this code, certain terms, phrases,
words, and their derivatives shall be construed as specified in this section or as
specified in the Building Code.
20
BUILDING CODE is the International Building Code, as adopted and amended
by the Town of Vail.
DANGEROUS BUILDING is any building or structure deemed to be dangerous
under the provisions of Section 302 of this code."
10-1-12: COPIES OF CODES AVAILABLE
Copies of all codes adopted by this Chapter and all amendments thereto shall be
available for inspection at the Office of the Town Clerk during regular business hours
and are available to be viewed online at www.iccsafe.org and www.vailgov.com.
10-1-13: PENALTIES
A. A person, company, corporation or other entity who violates any provision of the
Codes adopted by this Chapter; or fails to comply with any order made thereunder;
or who builds in violation of any detailed statements, specifications or plans
submitted and approved thereunder; or any certificate or permit issued thereunder;
shall be subject to the penalties provided in Title 1, Chapter 4, Section 1 of this
Code. Each day the violation continues shall constitute a separate offense.
B. The Town of Vail may maintain an action for damages, declatory relief, specific
performance, injunction, or any other appropriate relief for a violation of any provision
of this Chapter.
SECTION 2. The Codes adopted and amended by this Ordinance shall be effective for
all Building Permit Applications received by the Town of Vail's Community Development
Department on or after January 1, 2019.
SECTION 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
SECTION 4: The amendment of any provision of the Vail Town Code in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or ordinance previously repealed or superseded unless
expressly stated herein.
SECTION 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
21
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2018 and a
public hearing and second reading of this Ordinance set for the 6th day of November, 2018 in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND
ORDERED PUBLISHED IN FULL this 6th day of November, 2018.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
22
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 18, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
17th day of October, 2018.
Witness my hand and seal this 17th day of October, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 18
SERIES OF
2018
AN ORDINANCE AMENDING AND REPEALING PORTIONS OF
ORDINANCE NO. 5, SERIES OF 2016 TO ALLOW FOR AN AMENDMENT
TO THE BUILDING ENVELOPE, LANGUAGE REGULATING THE
BUILDING ENVELOPE, AND THE ABILITY TO PROVIDE EMPLOYEE
HOUSING OFF-SITE, LOCATED AT 1150 AND 1170 WESTHAVEN
LANE/LOT 39-1 AND LOT 39-2, GLEN LYON SUBDIVISION,
DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code") permits major
amendments to previously approved development plans for Special Development Districts;
WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted Ordinance No. 10,
Series of 2008, to amend and re-establish the approved development plan for Area A, Cascade
Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300
Westhaven Drive, Cascade Village;
WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5, Series of 2016,
to revise the development standards for Lots 39-1 and 39-2, Glen Lyon Subdivision, Area C, Cascade
Village, SDD No. 4;
WHEREAS, any and all site specific development plans and development standards
approved and/or established for planning areas and sites within SDD No. 4, not specifically
affected by this ordinance, shall remain valid and in full effect;
WHEREAS, in accordance with the provisions outlined in the Code, the Planning and
Environmental Commission (the "PEC") held a public hearing on the major amendment application
and has submitted its recommendation of approval to the Vail Town Council (the "Council");
WHEREAS, all notices as required by the Code have been sent to the appropriate
parties;
WHEREAS, on September 24, 2018, the PEC held a public hearing and reviewed and
forwarded a recommendation of approval, with a condition, for the proposed major amendment to
Special Development District No. 4, Cascade Village, to the Council in accordance with the
procedures and criteria and findings outlined in Title 12, Zoning Regulations, of the Code;
WHEREAS, the Council finds that the major amendment is consistent with the applicable
elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town, based upon the review outlined in
Section VIII of the Staff's September 24, 2018, memorandum to the PEC, and as outlined in the
Staffs October 16, 2018, memorandum to the Council, and the evidence and testimony presented;
WHEREAS, the Council finds that the amendment does further the general and specific
purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's
September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staffs October
16, 2018 memorandum to the Council, and the evidence and testimony presented; and
WHEREAS, the Council finds that the major amendment promotes the health, safety, morals,
and general welfare of the Town, and promotes the coordinated and harmonious development of
the Town in a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality, based upon the review outlined
in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in Section
IV of the Staffs October 16, 2018 memorandum to the Council and the evidence and testimony
presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
(Note: Language proposed to be removed from Ordinance No. 5, Series of
2016 is shown in strikethrough; language proposed to be added is shown in
bold.)
Section 1. Special Development District No. 4, Cascade Village is hereby amended as
follows:
Area C, Glen Lyon Primary/Secondary and Single Family Lots
1. Building Envelopes for Lots 39-1and 39-2 per sheet, L-1, prepared by
Design Workshop, Inc., dated 11-9-98. Building Envelope for Lot 39-1 per
sheet Al, prepared by KH Webb Archtects, PC dated September, 2018
and included herein as Attachment A.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
Required setbacks shall be based on the Two -Family Primary/Secondary
Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family
Lots 39-1 and 39-2, development shall occur per the approved building envelopes
and is subject to the following:
All future development will be restricted to the area within the building
envelopes. The only development permittcd outsidc thc building envelopes shall be
landscaping, driveways (access bridge) and retaining walls associated with driveway
construction. At grade patios (those within 5' of cxisting or finished grade) will be
permitted to project beyond the building envelopes not more than ten feet (10') nor
more than one half (1/2) the distance between the building envelope and the property
line, or may project not morc than five feet (5') nor morc than one fourth (1/4) thc
minimum required dimension between buildings.
The building shall be restricted to the area within the building envelope.
Access roads, driveways, site grading, and retaining walls are permitted outside
the building envelope. Architectural projections, including roof overhangs,
awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond
the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks,
pools, spas and hot tubs within five feet or less of ground level shall be
permitted up to seven and one half feet (7.5 ft.) of property boundaries.
Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a
height of more than five feet (5 ft.) above ground level shall be permitted up to
ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use
envelope which restricts the location of recreational improvements, including
recreation courts, specifically a padel court and its required unroofed enclosure.
Buildings are not permitted within the recreational use envelope.
Employee Housing
In Area C, Lots 39-1 and 39-2 shall each be required to provide a Type II, an
Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations as
follows:
1. The unit(s) may be provided on site, in which case they shall be Type II EHU(s)
of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500
sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA
on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for
the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed
per residence. The driveway width of 12 is allowed to remain (no increase in
driveway width is required) for all allowed/required dwelling units and employee
housing units on these lots.
2. The unit(s) may be provided off-site:
A. For Lot 39-1 the off-site unit(s) may be any type of Employee Housing Unit
(EHU) of at least 1,000 sq. ft. or comprised of multiple units with floor areas
totaling at least 1,000 sq. ft. Prior to the issuance of a certificate of
occupancy for Lot 39-1, the Applicant shall execute and a record deed
restriction(s), in a form approved by the Town Attorney, for the EHU.
B. Transfer of the existing EHU on Lot 39-2 off-site shall not require an
additional amendment to this SDD or its development plan but shall be done
by mutual agreement of the property owner and the Town of Vail.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 4. The amendment of any provision of the Town Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2018, and a public
hearing for second reading of this Ordinance set for the 6th day of November, 2018, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 6th day of November, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 18, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 7th day of November, 2018.
Witness my hand and seal this 7th day of November, 2018.
c,.,%„,,,c\se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 18
SERIES OF
2018
AN ORDINANCE AMENDING AND REPEALING PORTIONS OF
ORDINANCE NO. 5, SERIES OF 2016 TO ALLOW FOR AN AMENDMENT
TO THE BUILDING ENVELOPE, LANGUAGE REGULATING THE
BUILDING ENVELOPE, AND THE ABILITY TO PROVIDE EMPLOYEE
HOUSING OFF-SITE, LOCATED AT 1150 AND 1170 WESTHAVEN
LANE/LOT 39-1 AND LOT 39-2, GLEN LYON SUBDIVISION,
DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code") permits major
amendments to previously approved development plans for Special Development Districts;
WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted Ordinance No. 10,
Series of 2008, to amend and re-establish the approved development plan for Area A, Cascade
Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300
Westhaven Drive, Cascade Village;
WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5, Series of 2016,
to revise the development standards for Lots 39-1 and 39-2, Glen Lyon Subdivision, Area C, Cascade
Village, SDD No. 4;
WHEREAS, any and all site specific development plans and development standards
approved and/or established for planning areas and sites within SDD No. 4, not specifically
affected by this ordinance, shall remain valid and in full effect;
WHEREAS, in accordance with the provisions outlined in the Code, the Planning and
Environmental Commission (the "PEC") held a public hearing on the major amendment application
and has submitted its recommendation of approval to the Vail Town Council (the "Council");
WHEREAS, all notices as required by the Code have been sent to the appropriate
parties;
WHEREAS, on September 24, 2018, the PEC held a public hearing and reviewed and
forwarded a recommendation of approval, with a condition, for the proposed major amendment to
Special Development District No. 4, Cascade Village, to the Council in accordance with the
procedures and criteria and findings outlined in Title 12, Zoning Regulations, of the Code;
WHEREAS, the Council finds that the major amendment is consistent with the applicable
elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town, based upon the review outlined in
Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in the
Staff's October 16, 2018, memorandum to the Council, and the evidence and testimony presented;
WHEREAS, the Council finds that the amendment does further the general and specific
purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's
September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staff's October
16, 2018 memorandum to the Council, and the evidence and testimony presented; and
WHEREAS, the Council finds that the major amendment promotes the health, safety, morals,
and general welfare of the Town, and promotes the coordinated and harmonious development of
the Town in a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality, based upon the review outlined
in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in Section
IV of the Staff's October 16, 2018 memorandum to the Council and the evidence and testimony
presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
(Note: Language proposed to be removed from Ordinance No. 5, Series of
2016 is shown in strikethrough; language proposed to be added is shown in
bold.)
Section 1. Special Development District No. 4, Cascade Village is hereby amended as
follows:
Area C, Glen Lyon Primary/Secondary and Single Family Lots
1. Building Envelopes for Lots 39 1 and 39-2 per sheet, L-1, prepared by
Design Workshop, Inc., dated 11-9-98. Building Envelope for Lot 39-1 per
sheet Al, prepared by KH Webb Archtects, PC dated September, 2018
and included herein as Attachment A.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
Required setbacks shall be based on the Two -Family Primary/Secondary
Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family
Lots 39-1 and 39-2, development shall occur per the approved building envelopes
and is subject to the following:
All future development will be restricted to the area within the building
envelopes. The only development permitted outsidc the building envelopes, shall be
construction. At gradc patios (those within 5' of cxisting or finished gradc) will be
permitted to project beyond the building envelopes not more than ten feet (10') nor
more than one half (1/2) the distance between the building envelope and the property
line, or may project not morc than five fcct (5') nor morc than one fourth (1/4) the
minimum required dimension between buildings.
The building shall be restricted to the area within the building envelope.
Access roads, driveways, site grading, and retaining walls are permitted outside
the building envelope. Architectural projections, including roof overhangs,
awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond
the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks,
pools, spas and hot tubs within five feet or less of ground level shall be
permitted up to seven and one half feet (7.5 ft.) of property boundaries.
Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a
height of more than five feet (5 ft.) above ground level shall be permitted up to
ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use
envelope which restricts the location of recreational improvements, including
recreation courts, specifically a padel court and its required unroofed enclosure.
Buildings are not permitted within the recreational use envelope.
Employee Housing
In Area C, Lots 39-1 and 39-2 shall each be required to provide a Type 11, an
Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations as
follows:
1. The unit(s) may be provided on site, in which case they shall be Type 11 EHU(s)
of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500
sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA
on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for
the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed
per residence. • - _ _ . _ - _ _ _ _ _ - • _ • _ _
driveway width is required) for all allowcd/rcquircd dwelling units and employee
housing units on thesc lots.
2. The unit(s) may be provided off-site:
A. For Lot 39-1 the off-site unit(s) may be any type of Employee Housing Unit
(EHU) of at least 1,000 sq. ft. or comprised of multiple units with floor areas
totaling at least 1,000 sq. ft. Prior to the issuance of a certificate of
occupancy for Lot 39-1, the Applicant shall execute and a record deed
restriction(s), in a form approved by the Town Attorney, for the EHU.
B. Transfer of the existing EHU on Lot 39-2 off-site shall not require an
additional amendment to this SDD or its development plan but shall be done
by mutual agreement of the property owner and the Town of Vail.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 4. The amendment of any provision of the Town Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2018, and a public
hearing for second reading of this Ordinance set for the 6th day of November, 2018, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 6th day of November, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
th
7day of November, 2018.
Witness my hand and seal this 7th day of November, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 19
SERIES 2018
AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF
TITLE 4 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM
RENTAL PROPERTIES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 14 of Title 4 of the Vail Town Code is hereby repealed in
its entirety and reenacted to read as follows:
CHAPTER 14
SHORT-TERM RENTAL PROPERTIES
4-14-1: PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to establish comprehensive
registration regulations to safeguard the public health, safety, and welfare
by regulating and controlling the use, occupancy, location, and
maintenance of short-term rental properties in the Town.
B. This Chapter shall apply to short-term rental properties only, as
defined herein. This Chapter shall not supersede or affect any private
conditions, covenants, or restrictions applicable to a short-term rental
property.
4-14-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
LEASE: An agreement or act by which an owner gives to a tenant, for
valuable consideration, possession and use of property or a portion
thereof for a definite term, at the end of which term the owner has an
absolute right to retake control and use of the property.
PROFESSIONAL PROPERTY MANAGEMENT FIRM: An entity
comprised of one or more professional property managers with all
required licenses in good standing, or a group of one or more employees
of a lodge or fractional fee club, as those terms are defined in Section 12-
2-2, who are trained in property management and provide such services to
owners of STRs within the lodge or fractional fee club.
PROFESSIONALLY MANAGED STR: An STR that is managed, operated
or controlled by a professional property management firm.
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SHORT-TERM RENTAL PROPERTY ("STR"): A residential dwelling unit,
or any room therein, available for lease for a term of less than thirty (30)
consecutive days, but excluding bed and breakfasts and accommodation
units.
4-14-3: REGISTRATION REQUIRED:
A current, valid registration is required for each STR in the Town.
4-14-4: REGISTRATION PROCEDURE:
A. At least thirty (30) days prior to any advertising of an STR, the
owner or property management firm shall register the STR with the
Finance Director or designee, on forms supplied by the Town. For
professionally managed STRs, registration for multiple STRs may be
made by filing a complete list of all the STRs in the Town managed by
such firm, on forms supplied by the Town, and the list shall be updated at
least quarterly.
B. The fee for STR registration shall be set by resolution of the Town
Council.
C. If the STR is located within a duplex, the registration form shall
include a copy of a written notice provided by the owner or property
manager to the last known address of the record owner of the adjoining
residential dwelling unit. The written notice shall be sent by first-class mail
at least seven (7) days prior to registering the STR.
D. No registration form shall be accepted without an affidavit, signed
by the owner or the property management firm, under penalty of perjury,
certifying that the STR is in habitable condition and complies with the
health and safety standards set forth in Section 4-14-6.
E. Each STR registration is nontransferable.
F. An STR registration shall expire on February 28 of each calendar
year, or when title of the STR transfers to a new owner, whichever occurs
first. Each change in ownership of a STR shall require a new registration.
4-14-5: LOCAL REPRESENTATIVE REQUIRED:
Each owner or property management firm shall appoint a natural person
who remains within a sixty (60) minute distance of the STR and is
available twenty-four (24) hours per day, seven (7) days per week, to
serve as the local representative for the STR. The owner or property
management firm shall notify the Finance Director or designee in writing of
the appointment of a local representative within five (5) days of such
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appointment or modification of any such appointment, including contact
information.
4-14-6: HEALTH AND SAFETY STANDARDS:
A. Each STR shall comply with all of the following standards, at a
minimum, at all times while the STR is occupied:
1. Buildings, structures or rooms shall not be used for purposes
other than those for which they were designed or intended.
2. Roofs, floors, walls, foundations, ceilings, stairs, handrails,
guardrails, doors, porches, all other structural components and all
appurtenances thereto shall be capable of resisting any and all forces and
loads to which they may be normally subjected and shall be kept in sound
condition and in good repair.
3. Smoke detectors, carbon monoxide detectors and fire
extinguishers shall be installed and operable, and all wood -burning
fireplaces and stoves shall be cleaned on an annual basis.
4. An operable toilet, sink, and either a bathtub or shower shall
be located within the same building, and every room containing a toilet or
bathtub/shower shall be completely enclosed by walls, doors, or windows
that will afford sufficient privacy.
5. There shall be a sufficient number of trash receptacles to
accommodate all trash generated by the occupants, and all receptacles
shall comply with Title 5, Chapter 9 of this Code.
6. Occupancy of an STR shall comply with Title 12, Chapter 2
of this Code.
7. The use of portable outdoor fireplaces is prohibited.
8. Electrical panels shall be clearly labeled.
9. All pets shall be subject to Title 6, Chapter 4 of this Code.
4-14-7: PARKING:
Parking for each STR shall comply with all applicable provisions of this
Code. All vehicles shall be parked in designated parking areas, and
parking is prohibited in any landscaped area.
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4-14-8: SIGNAGE:
An owner or property management firm shall post a sign conspicuously
inside each STR. The sign shall include the local representative's current
contact information, the street address of the STR and the STR
registration number.
4-14-9: ADVERTISING:
Advertising for an STR shall include the STR registration number, or, for
all professionally managed STRs, the Town business license number,
immediately following the description of the STR.
4-14-10: TAXES:
A. For each STR, all applicable Town sales and lodging taxes shall be
timely collected and remitted.
B. Professionally -managed STRs may submit one tax payment for
multiple properties, so long as there is sufficient supporting information to
identify each individual STR and the taxes collected on such STR.
4-14-11: NOTICE:
Any notice required by this Chapter is sufficient if sent by first-class mail to
the address provided by the owner or property management firm on the
most recent registration form or registration list, provided that notice to the
local representative shall also be sufficient to satisfy any required notice to
the owner under this Chapter.
4-14-12: LIABILITY:
A. An owner shall be liable for any and all violations occurring on the
STR.
B. A property management firm shall be jointly and severally liable for
any and all violations occurring on any of its professionally managed STRs
in the Town.
4-14-13: INITIAL COMPLAINTS:
Initial complaints concerning a short-term rental property shall be directed
to the local representative. The local representative shall resolve the
issue that was the subject of the complaint within sixty (60) minutes, or
within thirty (30) minutes if the problem occurs between 11:00 p.m. and
7:00 a.m., including visiting the site if necessary.
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4-14-14: VIOLATIONS, PENALTIES AND ENFORCEMENT:
A. It is unlawful to violate any provision of this Chapter. Violations of
this Chapter shall be civil infractions. Each day of violation shall be
deemed a separate offense and be punishable as such.
B. Violations of this Chapter shall be subject to the following fines and
penalties, per STR:
First violation in a 12 -month period:
$500
Second violation in a 12 -month period:
$1,500
Third violation in a 12 -month period:
$2,500
Additional violation in a 12 -month period:
STR prohibited for two years
C. Enforcement of this Chapter may be initiated in any of the following
ways:
1. A citation may be served by posting on the front door of the
STR, or by personal service on the owner or the local representative, if
present, or by mailing first class or certified mail to the last known address
of the owner, local representative or property management firm; or
2. A summons and complaint may be served on the owner of
the STR as provided in the Colorado Municipal Court Rules of Civil
Procedure; or
3. A summons and complaint may be served on the associated
property management firm or local representative for the STR as provided
in the Colorado Municipal Court Rules of Civil Procedure.
D. In addition to the penalties described above, the Town shall have
any and all remedies provided by law and in equity for a violation of this
Chapter, including without limitation: damages; specific performance; and
injunctive relief, including without limitation an injunction requiring eviction
of any occupants of the STR and an injunction to prohibit the occupancy of
the Property in violation of this Chapter. All remedies shall be cumulative.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
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or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and
a public hearing for second reading of this Ordinance is set for the day of
, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
6
Dave Chapin, Mayor
10/30/2018
S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 5th day of December, 2018.
Witness my hand and seal this 5th day of Decmber, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 19
SERIES 2018
AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF
TITLE 4 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM
RENTAL PROPERTIES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 14 of Title 4 of the Vail Town Code is hereby repealed in
its entirety and reenacted to read as follows:
CHAPTER 14
SHORT-TERM RENTAL PROPERTIES
4-14-1: PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to establish comprehensive
registration regulations to safeguard the public health, safety, and welfare
by regulating and controlling the use, occupancy, location, and
maintenance of short-term rental properties in the Town.
B. This Chapter shall apply to short-term rental properties only, as
defined herein. This Chapter shall not supersede or affect any private
conditions, covenants, or restrictions applicable to a short-term rental
property.
4-14-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
LEASE: An agreement or act by which an owner gives to a tenant, for
valuable consideration, possession and use of property or a portion
thereof for a definite term, at the end of which term the owner has an
absolute right to retake control and use of the property.
PROFESSIONAL PROPERTY MANAGEMENT FIRM: An entity
comprised of one or more professional property managers with all
required licenses in good standing, or a group of one or more employees
of a lodge or fractional fee club, as those terms are defined in Section 12-
2-2, who are trained in property management and provide such services to
owners of STRs within the lodge or fractional fee club.
PROFESSIONALLY MANAGED STR: An STR that is managed, operated
or controlled by a professional property management firm.
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SHORT-TERM RENTAL PROPERTY ("STR"): A residential dwelling unit,
or any room therein, available for lease for a term of less than thirty (30)
consecutive days, but excluding bed and breakfasts and accommodation
units.
4-14-3: REGISTRATION REQUIRED:
A current, valid registration is required for each STR in the Town.
4-14-4: REGISTRATION PROCEDURE:
A. At least thirty (30) days prior to any advertising of an STR, the
owner or property management firm shall register the STR with the
Finance Director or designee, on forms supplied by the Town. For
professionally managed STRs, registration for multiple STRs may be
made by filing a complete list of all the STRs in the Town managed by
such firm, on forms supplied by the Town, and the list shall be updated at
least quarterly.
B. The fee for STR registration shall be set by resolution of the Town
Council.
C. If the STR is located within a duplex, the registration form shall
include a copy of a written notice provided by the owner or property
manager to the last known address of the record owner of the adjoining
residential dwelling unit. The written notice shall be sent by first-class mail
at least seven (7) days prior to registering the STR.
D. No registration form shall be accepted without an affidavit, signed
by the owner or the property management firm, under penalty of perjury,
certifying that the STR is in habitable condition and complies with the
health and safety standards set forth in Section 4-14-6.
E. Each STR registration is nontransferable.
F. An STR registration shall expire on February 28 of each calendar
year, or when title of the STR transfers to a new owner, whichever occurs
first. Each change in ownership of a STR shall require a new registration.
4-14-5: LOCAL REPRESENTATIVE REQUIRED:
Each owner or property management firm shall appoint a natural person
who remains within a sixty (60) minute distance of the STR and is
available twenty-four (24) hours per day, seven (7) days per week, to
serve as the local representative for the STR. The owner or property
management firm shall notify the Finance Director or designee in writing of
the appointment of a local representative within five (5) days of such
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appointment or modification of any such appointment, including contact
information.
4-14-6: HEALTH AND SAFETY STANDARDS:
A. Each STR shall comply with all of the following standards, at a
minimum, at all times while the STR is occupied:
1. Buildings, structures or rooms shall not be used for purposes
other than those for which they were designed or intended.
2. Roofs, floors, walls, foundations, ceilings, stairs, handrails,
guardrails, doors, porches, all other structural components and all
appurtenances thereto shall be capable of resisting any and all forces and
loads to which they may be normally subjected and shall be kept in sound
condition and in good repair.
3. Smoke detectors, carbon monoxide detectors and fire
extinguishers shall be installed and operable, and all wood -burning
fireplaces and stoves shall be cleaned on an annual basis.
4. An operable toilet, sink, and either a bathtub or shower shall
be located within the same building, and every room containing a toilet or
bathtub/shower shall be completely enclosed by walls, doors, or windows
that will afford sufficient privacy.
5. There shall be a sufficient number of trash receptacles to
accommodate all trash generated by the occupants, and all receptacles
shall comply with Title 5, Chapter 9 of this Code.
6. Occupancy of an STR shall comply with Title 12, Chapter 2
of this Code.
7. The use of portable outdoor fireplaces is prohibited.
8. Electrical panels shall be clearly labeled.
9. All pets shall be subject to Title 6, Chapter 4 of this Code.
4-14-7: PARKING:
Parking for each STR shall comply with all applicable provisions of this
Code. All vehicles shall be parked in designated parking areas, and
parking is prohibited in any landscaped area.
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4-14-8: SIGNAGE:
An owner or property management firm shall post a sign conspicuously
inside each STR. The sign shall include the local representative's current
contact information, the street address of the STR and the STR
registration number.
4-14-9: ADVERTISING:
Advertising for an STR shall include the STR registration number, or, for
all professionally managed STRs, the Town business license number,
immediately following the description of the STR.
4-14-10: TAXES:
A. For each STR, all applicable Town sales and lodging taxes shall be
timely collected and remitted.
B. Professionally -managed STRs may submit one tax payment for
multiple properties, so long as there is sufficient supporting information to
identify each individual STR and the taxes collected on such STR.
4-14-11: NOTICE:
Any notice required by this Chapter is sufficient if sent by first-class mail to
the address provided by the owner or property management firm on the
most recent registration form or registration list, provided that notice to the
local representative shall also be sufficient to satisfy any required notice to
the owner under this Chapter.
4-14-12: LIABILITY:
A. An owner shall be liable for any and all violations occurring on the
STR.
B. A property management firm shall be jointly and severally liable for
any and all violations occurring on any of its professionally managed STRs
in the Town.
4-14-13: INITIAL COMPLAINTS:
Initial complaints concerning a short-term rental property shall be directed
to the local representative. The local representative shall resolve the
issue that was the subject of the complaint within sixty (60) minutes, or
within thirty (30) minutes if the problem occurs between 11:00 p.m. and
7:00 a.m., including visiting the site if necessary.
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4-14-14: VIOLATIONS, PENALTIES AND ENFORCEMENT:
A. It is unlawful to violate any provision of this Chapter. Violations of
this Chapter shall be civil infractions. Each day of violation shall be
deemed a separate offense and be punishable as such.
B. Violations of this Chapter shall be subject to the following fines and
penalties, per STR:
First violation in a 12 -month period:
$500
Second violation in a 12 -month period:
$1,500
Third violation in a 12 -month period:
$2,500
Additional violation in a 12 -month period:
STR prohibited for two years
C. Enforcement of this Chapter may be initiated in any of the following
ways:
1. A citation may be served by posting on the front door of the
STR, or by personal service on the owner or the local representative, if
present, or by mailing first class or certified mail to the last known address
of the owner, local representative or property management firm; or
2. A summons and complaint may be served on the owner of
the STR as provided in the Colorado Municipal Court Rules of Civil
Procedure; or
3. A summons and complaint may be served on the associated
property management firm or local representative for the STR as provided
in the Colorado Municipal Court Rules of Civil Procedure.
D. In addition to the penalties described above, the Town shall have
any and all remedies provided by law and in equity for a violation of this
Chapter, including without limitation: damages; specific performance; and
injunctive relief, including without limitation an injunction requiring eviction
of any occupants of the STR and an injunction to prohibit the occupancy of
the Property in violation of this Chapter. All remedies shall be cumulative.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
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or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and
a public hearing for second reading of this Ordinance is set for the 4th day of
December, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4th day of December, 2018.
ATTEST:
Tammy Nagel, Town Clerk
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 20, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
th
7day of November, 2018.
Witness my hand and seal this 7th day of November, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 20
SERIES 2018
AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN
CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL
BURNING DEVICE CONCERNING AIR QUALITY
WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21,
Series of 1991, setting forth certain provisions to control air pollution within the Town;
WHEREAS, the Colorado Department of Public Health and Environment
(CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter
standards than the existing regulations in the Town of Vail;
WHEREAS, the existing regulations are obsolete and need to be updated to
reflect current community needs and priorities;
WHEREAS, amending the regulations will provide a benefit to residents and
visitors to Vail through improved air quality;
WHEREAS, the proposed amendments are supported by the Town of Vail's
2009 Environmental Sustainability Strategic Plan; and
WHEREAS, on November 20, 2018, the Vail Town Council held a properly -
noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail
Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows
(text that is to be added is shown in bold. Text that is stricken is shown in ctrikcthrough)
is hereby repealed in its entirety and reenacted as follows:
5-3-2: DEFINITIONS:
CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which
is certified by the environmental protection agency and by the air pollution control
division of the Colorado department of public health and environment to produce
• _ _ - - - _ _ not more than four and five -tenths grams
(4.5 g) of particulates per hour or less, or to meet the current environmental
protection agency standard, whichever is more restrictive. This shall include
both catalytic and noncatalytic phase II stoves as well as pellet burners and any
other technology which can be shown to meet these emission criteria.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and
a public hearing for second reading of this Ordinance is set for the 20th day of
November, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of November, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 20, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 21st day of November, 2018.
Witness my hand and seal this 21st day of November, 2018.
,1,,_,,c\_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 20
SERIES 2018
AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN
CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL
BURNING DEVICE CONCERNING AIR QUALITY
WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21,
Series of 1991, setting forth certain provisions to control air pollution within the Town;
WHEREAS, the Colorado Department of Public Health and Environment
(CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter
standards than the existing regulations in the Town of Vail;
WHEREAS, the existing regulations are obsolete and need to be updated to
reflect current community needs and priorities;
WHEREAS, amending the regulations will provide a benefit to residents and
visitors to Vail through improved air quality;
WHEREAS, the proposed amendments are supported by the Town of Vail's
2009 Environmental Sustainability Strategic Plan; and
WHEREAS, on November 20, 2018, the Vail Town Council held a properly -
noticed public hearing on the proposed amendments to Section 5-3-2 of the Vail Town
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows
(text that is to be added is shown in bold. Text that is stricken is shown in strikethrough)
is hereby repealed in its entirety and reenacted as follows:
5-3-2: DEFINITIONS:
CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which
is certified by the environmental protection agency and by the air pollution control
division of the Colorado department of public health and environment to produce
not more than four and five -tenths grams
(4.5 g) of particulates per hour or IesJ, or to meet the current environmental
protection agency standard, whichever is more restrictive. This shall include
both catalytic and noncatalytic phase II stoves as well as pellet burners and any
other technology which can be shown to meet these emission criteria.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and
a public hearing for second reading of this Ordinance is set for the 20th day of
November, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of November, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 21, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
21st day of November, 2018.
Witness my hand and seal this 21st day of November, 2018.
,1,,_,,c\_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 21
SERIES OF 2018
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL
PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND
LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR
JANUARY 1, 2019 THROUGH DECEMBER 31, 2019
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long-range capital program for the Town and a proposed budget and financial plan for all
Town funds and activities for the fiscal year; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial
plan for the 2019 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2019, and ending on the 31st day of December,
2019:
FUND
AMOUNT
General Fund
$42,025,899
Capital Projects Fund
18,758,295
Real Estate Transfer Tax Fund
8,076,710
Housing Fund
2,500,000
Vail Marketing Fund
2,756,538
Heavy Equipment Fund
3,710,289
Dispatch Services Fund
2,740,614
Health Insurance Fund
5,463,132
Timber Ridge Enterprise Fund
1,294,187
Total
87,325,664
Less Interfund Transfers
(14,355,022)
Net Expenditure Budget
72,970,642
Ordinance No. 21, Series of 2018
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2019 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 20th day of November, 2018. A public hearing shall
be held hereon on the 4th day of December, 2018, at 6:00 pm at the regular meeting of
the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Assistant Town Manager
Ordinance No. 21, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 21, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 5th day of December, 2018.
Witness my hand and seal this 5th day of December, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 21
SERIES OF 2018
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL
PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND
LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR
JANUARY 1, 2019 THROUGH DECEMBER 31, 2019
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long-range capital program for the Town and a proposed budget and financial plan for all
Town funds and activities for the fiscal year; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial
plan for the 2019 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2019, and ending on the 31st day of December,
2019:
FUND
AMOUNT
General Fund
$41,867,399
Capital Projects Fund
19,158,295
Real Estate Transfer Tax Fund
8,076,711
Housing Fund
2,500,000
Vail Marketing Fund
2,646,538
Heavy Equipment Fund
3,710,289
Dispatch Services Fund
2,740,614
Health Insurance Fund
5,463,132
Timber Ridge Enterprise Fund
1,294,187
Total
87,457,165
Less Interfund Transfers
(14,245,022)
Net Expenditure Budget
73,212,143
Ordinance No. 21, Series of 2018
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2019 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 20th day of November, 2018. A public hearing shall
be held hereon on the 4th day of December, 2018, at 6:00 pm at the regular meeting of
the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
Ordinance No. 21, Series of 2018
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 4th day of December 2018.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
Ordinance No. 21, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 22, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
21st day of November, 2018.
Witness my hand and seal this 21st day of November, 2018.
,1,,_,,c\_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 22
SERIES OF 2018
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2018 TAX YEAR AND
PAYABLE IN THE 2019 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2018 year and payable in the 2019
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2019 fiscal year, the Town Council hereby levies a property
tax of 4.719 mills upon each dollar of the total assessed valuation of $1,077,795,800 for the 2018
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,086,118 calculated as follows:
Base mill levy 4.690 $5,054,862
Abatement levy .029 31,256
Total mill levy 4.719 $5,086,118
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
Ordinance 22, Series of 2018
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE 1N FULL, this 20th day of November, 2018. A public hearing shall be
held hereon at 6 P.M. on the 4th day of December, 2018, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Assistant Town Manager
Ordinance 22, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 23, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
5t" day of December, 2018.
Witness my hand and seal this 5th day of December, 2018.
c,.,%„,,,c\_se_.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 23
SERIES OF 2018
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING
FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, AND HOUSING FUND OF
THE 2018 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2018 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 628,439
Capital Projects Fund 762,000
Housing Fund 312,000
Real Estate Transfer Tax Fund 330,200
Marketing Fund 2,186,120
Dispatch 11,035
Heavy Equipment Fund 104,866
Total $ 4,334,660
Less Interfund Transfers (4,776,170)
Net Total $ (441,510)
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
Ordinance No. 23, Series of 2018
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 4th day of December, 2018, and a public hearing shall be held on this
Ordinance on the 18th day of December, 2018, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
Ordinance No. 23, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 23, Series
of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on
the 19th day of December, 2018.
Witness my hand and seal this 19th day of December, 2018.
,I,L,_,,c_s,
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 23
SERIES OF 2018
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING
FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, AND HOUSING FUND OF
THE 2018 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2018 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 648,439
Capital Projects Fund 762,000
Housing Fund 312,000
Real Estate Transfer Tax Fund 330,200
Marketing Fund 2,186,120
Dispatch 11,035
Heavy Equipment Fund 104,866
Total $ 4,354,660
Less Interfund Transfers (4,776,170)
Net Total $ (421,510)
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
Ordinance No. 23, Series of 2018
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 4th day of December, 2018, and a public hearing shall be held on this
Ordinance on the 18th day of December, 2018, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
18th day of December 2018.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
Ordinance No. 23, Series of 2018
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 24, Series
of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
19th day of December, 2018.
Witness my hand and seal this 19th day of December, 2018.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 24
SERIES OF 2018
AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND
MITIGATION RATES, VAIL TOWN CODE, TO AMEND THE EXAMPLE EMPLOYEE
HOUSING UNIT CALCULATION, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on October 3, 2017 the Vail Town Council adopted ordinance No.
12, Series of 2017 amending Commercial Linkage requirements in the Town of Vail;
WHEREAS, the existing example in Section 12-23-2, Paragraph C, Vail Town
Code, is obsolete and needs to be updated to reflect current commercial linkage
requirements in Table 23-1.
WHEREAS, amending the regulations will provide consistency within the section
and accurately reflect the calculation required to determine the employee housing
mitigation for eating and drinking establishments.
WHEREAS, on December 10, 2018 the Town of Vail Planning and
Environmental Commission held a property noticed public hearing and reviewed and
forwarded a recommendation of approval to the Vail Town Council for the proposed text
amendments to the Zoning Regulations;
WHEREAS, on December 18, 2018 the Vail Town Council held a property -
noticed public hearing on the proposed amendments to Section 12-23-2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-23-2: Employee Generation and Mitigation Rates, Vail
Town Code, is hereby amended as follows (text to be deleted is in strikethrough, text
that is to be added is bold. Sections of text that are not amended have been omitted.)
A. The employee generation rates found in table 23-1, "Employee Generation Rates
By Type Of Commercial Use" of this section, shall be applied to each type of use
in a commercial development. For any use not listed, the Administrator shall
determine the applicable employee generation rate by consulting the Town's
current nexus study.
1
TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE
Type Of Use
Employee
Generation Rate
Accommodation unit' limited service lodge unit
0.6 employee per net new units
Business office and professional office (including real estate and property management office)
'
3.2 employees per 1;000 feet of netww net floor area
Conference facility
'
0.8 employee per 1;000 feet of new net floor area
Eating and drinking establishment
10.2 employees per 1,000 feet of new net floor area
Health club
' 0.96 employee per 1:000 feet of new net floor area
Retail storeiperso n al serviceirepair shop
' 2.4 employees per 1,000 feet of new net floor area
Spa
2.1 employees per 1;000 feet of netww net floor area
B. If an applicant submits competent evidence that the employee generation rates
contained in table 23-1 of this section or the nexus study do not accurately reflect the
number of employees generated by the proposed commercial development or
redevelopment and the Administrator finds that such evidence warrants a deviation from
those employee generation rates, the Administrator shall allow for such a deviation as
the Administrator deems appropriate.
C. Each commercial development or redevelopment shall mitigate its impact on
employee housing by providing EHUs for twenty percent (20%) of the employees
generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with
the requirements of this chapter.
For example, for a development proposing two thousand five hundred (2,500) square
feet of new net floor area for an eating and drinking establishment, the equation would
be as follows:
([2,500 square feet- /1,000 square feet] x [6,75] 10.2) - 16.875 25.5 new employees
generated
16.875 25.5 new employees generated x 20% - 3.375 5.1 employees to be housed
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
2
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2018
and a public hearing for second reading of this Ordinance set for the 8th of January,
2019 in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 8th day of January, 2019.
ATTEST:
Tammy Nagel, Town Clerk
3
Dave Chapin, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 24, Series
of 2019, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
8t" day of January, 2019.
Witness my hand and seal this 8" day of January, 2019.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 24
SERIES OF 2018
AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND
MITIGATION RATES, VAIL TOWN CODE, TO AMEND THE EXAMPLE EMPLOYEE
HOUSING UNIT CALCULATION, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on October 3, 2017 the Vail Town Council adopted ordinance No.
12, Series of 2017 amending Commercial Linkage requirements in the Town of Vail;
WHEREAS, the existing example in Section 12-23-2, Paragraph C, Vail Town
Code, is obsolete and needs to be updated to reflect current commercial linkage
requirements in Table 23-1.
WHEREAS, amending the regulations will provide consistency within the section
and accurately reflect the calculation required to determine the employee housing
mitigation for eating and drinking establishments.
WHEREAS, on December 10, 2018 the Town of Vail Planning and
Environmental Commission held a property noticed public hearing and reviewed and
forwarded a recommendation of approval to the Vail Town Council for the proposed text
amendments to the Zoning Regulations;
WHEREAS, on December 18, 2018 the Vail Town Council held a property -
noticed public hearing on the proposed amendments to Section 12-23-2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-23-2: Employee Generation and Mitigation Rates, Vail
Town Code, is hereby amended as follows (text to be deleted is in strikethrough, text
that is to be added is bold. Sections of text that are not amended have been omitted.)
A. The employee generation rates found in table 23-1, "Employee Generation Rates
By Type Of Commercial Use", of this section, shall be applied to each type of use
in a commercial development. For any use not listed, the Administrator shall
determine the applicable employee generation rate by consulting the Town's
current nexus study.
1
TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE
Type Of Use
Employee
Generation Rate
Accommodation unit/ limited service lodge unit
0.6 employee per net new units
Business office and professional office (including real estate and property management office)
3.2 employees per 1,000 feet of new net floor area
Conference facility
0.8 employee per 1,000 feet of new net floor area
Eating and drinking establishment
10.2 employees per 1,000 feet of new net floor area
Health club
0.96 employee per 1,000 feet of new net floor area
Retail storeipersonal service/repair shop
2.4 employees per 1,000 feet of new net floor area
Spa
2.1 employees per 1,000 feet of new net floor area
B. If an applicant submits competent evidence that the employee generation rates
contained in table 23-1 of this section or the nexus study do not accurately reflect the
number of employees generated by the proposed commercial development or
redevelopment and the Administrator finds that such evidence warrants a deviation from
those employee generation rates, the Administrator shall allow for such a deviation as
the Administrator deems appropriate.
C. Each commercial development or redevelopment shall mitigate its impact on
employee housing by providing EHUs for twenty percent (20%) of the employees
generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with
the requirements of this chapter.
For example, for a development proposing two thousand five hundred (2,500) square
feet of new net floor area for an eating and drinking establishment, the equation would
be as follows:
([2,500 square feet . /1,000 square feet] x [B,7-5] 10.2) = 16.875 25.5 new employees
generated
16.875 25.5 new employees generated x 20% - 3.375 5.1 employees to be housed
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
2
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2018
and a public hearing for second reading of this Ordinance set for the 8th of January,
2019 in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 8th day of January, 2019.
ATTEST:
Tammy Nagel, Town Clerk
3
Dave Chapin, Mayor