HomeMy WebLinkAbout1969- 7 Establishing Comprehensive Zoning Regulations for the TOVs ~ F
ORDINANCE NC. '7
Series of 19b9
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZC'NING REGULATIC'NS
FC'R THE TOWN OF VAIL, AND PROVIDING FCR THE ADMINISTRATION,
ENFC~RCEMFNT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH
THE PRC`VISICNS C`F CC?LORAD4 REVISED STATUTES OF 1963, CHAPTER
139, ARTICLE 60, SECTIONS I THRC)UGH 10, AS AMENDED, AND FOR THE
REPEAL CF ALL ORDINANCES IN CONFLICT HEREWITH.
BE IT CIRDAINED BY THE BC?ARD OF TRUSTEES C`F THE TOWN CF VAIL:
ARTIGLF 1. GENERAL PROVISIONS.
SECTION 1. DECLARATION CF PURF'GSE~
These regulations are enacted for the purpose of promoting the health,
safety, morals and general welfare of the Town of Vail and to accomplish
a coordinated, adjusted, and harmonious development of the municipality
consistent with its established Character as a resort of high quality.
To these ends, such regulations are intended #o provide for adequate
air, light, sanitary drains.ge, and to secure safety from fire, panic,
accumulation of snow and other dangerous conditions, to promote safe
and efficient pedestrian and vehicular traffic circulation and thereby
lessen congestion in the streets, to provide far efficient and economic
construction of population, to conserve and stal±alize the economic values
of the community, to encourage the mast appropriate use of land, to
conserve and protect streams, woods and other desirable natural landscape
features, to provide adequate open space and other amenities conducive to
the establishment of human ambiance, and otherwise to provide for the
growth of an orderly and viable community,
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The provisions of this ordinance shall be deemed minimum requirerxkenta
and shall be liberally construed as remedial provisions in order to eliminate
existing conditions inconsistent with the provisions hereof,
SECTIC3N 2. E5TABYaISHMENT Q~' DISTRICTS
(a) Official ?onin~ District Map
The Town of Vail is hereby divided into districts as Shawn on the
Gfficial Zoning District Map of the Town of Vail which, together with all
explanatory material thereon, is hereby adopted by reference and declared
to be part of this ordinance.
(b} Ydentification of Official Map
The Official Toning District Map shall be located in the office of the
Town Clerk and shall be identified by the signature of the Mayor. attested
by the Tawn Clerk and bear the seal of the town under the following wards:
"This is to cextify that this is the Cfficiai Toning District Map referred
to in ARTICLE 1. , 5ECTICN 2 of the Inning Ordinance, Town of Vail,
Colorado, "together with the date of the adoption of this ordinance,
(c} Changes in the Official Map
No change shall be made in the district boundaries or other matter
shown on the Gfficial Zoning District Map except by appropriate action of
the Board of Trustees. If the Saard of Trustees adopts a change, such
change shall be entered an the Map promptly, together with an entry on
the Map noting the date of the change and a brief description of the nature
of the change, which entry sha11 be attested by the Tawn Clerk.
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(d} Replacement of the Gfficial Map
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In the event that the Gfficial Zoning District Map becanEes damaged.
destroyed, lost, or difficult to interpret because of the nature or nurx~ber
of changes and additions, the Trustees may by resalution adopt a new
Official Zaning District Map which shall supersede the prior Official
Zoning Map. The new Official District Map may correct drafting or
other errors or ommissions in the 'farmer Official District Map, but no
such correction shall have the effect of amending the original zoning
ordinance or any subsequent amendment thereof.
(e) Interpretation of District Boundaries
VEThere uncertainty exists as to the boundaries of districts as shown
on the Official District Map, the following rules shall apply:
(1} Boundaries indicated as approacirx~ately following the center
line of streets or rands shall be construed to follow such center lines.
(2) Boundaries indicated as approximately following plotted lot
lines shall be construed as following such lat lines.
(3) Boundaries indicated as approximately following the town limits
shall be construed as following town lirnite,
(4} Boundaries indicated as parallel or extensions of features
indicated in subsections (l} through (3) above shall be so construed.
Distances not specifically indicated on the Official District Map
shall be determined by the scale of the Map.
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SECTION 4. CONSTRUCTION AND USAGE
wards used in the present tense include the future, and vise versa;
words used in the singular include the plural, and vise versa; the word
"shall" is trxandatory, the word "xnay" is permissive; whenever reference
is made to any portion of this ordinance the reference applies to all
amendments and additions now or hereafter made.
SECTION 5. DEFINITIONS
Vtirhen used in this ordinance the following words and phrases shall
have the specific meaning as here defined.
Accommodation I,Init: A.ny xoosn without kitchen facilities in a hotel,
motel, lodge, ar other building designed for ox adapted to occupancy by
guests.
Alteration: As applied to a building, a structural rearrangement of
the e~.teriar, or an eniargem.ent. or a moving from. one location to another.
Apartment: See "Dwelling, Multi-Family"
Arena: A building designed for sport and gaming events a substantial
portion of which is devoted to spectator accommodations.
Basement: That portion of a building between floor and ceiling, which
is partly below and partly above grade, but so located that the vertical
distance from grade to the floor is mare than the vertical distance from
normal grade to ceiling.
Building: Any structure having a roof supported by columns ar walls
fox the housing ar enclosure of persons. animals or property.
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Business Office: An office open to the public for business transactions
except offices defined herein as Professional and Sexvice Offices.
Clinic, Medical or Dental: A group of medical or dental offices
organized as a unified facility to provide medical ar dental treatment as
contrasted with an unrelated group of offices.
Convention Facility: A building or portion thereof designed to accorri-
nnodate two hundred persons or more in assenc~bly, but not including a
dining room a part of a hotel, motel or lodge, ar a meeting room a part
of a hotel, zr~otel or lodge, if such meeting room is designed to accommodate
less than two hundred persons.
Dwellin;~, Multi-family: A detached principal building containing
townhouses, row houses, or apartments designed for or used by three or
more families, each family living as an independent housekeeping unit,
the total nurrxber of families in residence not exceeding the total number
of dwelling units.
Dv~~ellin$, Single-faxr.ily: A detached principal building designed for
or used as a dwelling exclusively by one family as an independent house-
±ceeping unit.
Dwellin;~, Two-family: A detached principal building designed for
ar used as a dwelling exclusively by two families each living as an
independent housekeeping unit.
Dwelling Unit: One or more rooms in a dwelling designed fox
occupancy by one family for living purposes and having its own cooking
and sanitary facilities.
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FAR: fee Floor area Ratio.
Family {1) A single individual, doing his own cooking, and living
upon the premises as a sepaxate housekeeping unit; or
(2) A collective body of persona doing their own cooking
and living together upon the premises as a separate housekeeping unit in
a dor3nestic relationship based upon birth, marriage, or employment as
domestic servants; ox
(3) A group of unrelated parsons doing their own cooking
and living togethex an the premises as a sepaxate housekeeping unit,
pursuant to amutual housekeeping agreement (not including a gxaup
occupying a boarding house, club, lodge, hotel or motel}.
Floor Area: The su_~: of the gross horizontal areas of all floors of
a building, including habitable penthouses and habitable attic apace, but
not including vent shafts, courts nr uninhabitable areas below ground or
in attics .
Floax Area Ratio: The ratio of total floor area in square feet of
all buildings on a lot (exclusive of basement floor area and parking and
Ioading floor area) to the total area of the lot in square feet.
Grade: The average of the finished ground level at the centers of
all of the walls of a building.
Hame Occupation: A use conducted entirely within a dwelling which
is incidental and secondary to the use of the dwelling for dwelling purposes
and which does not change the residential character thereof.
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Hotel: A building ox group of associated buildings designed far
occupancy as the temporaxy lodging place of individuals either in accom-
modation units ar in dwelling units in which the square footage devoted to
dwelling units does not exceed the square footage devoted to accommodation
units, and in which all such units are operated under a single management
providing the occupants thereof the usual hotel services and facilities.
Lodge: See "Hotel".
Loading Berth: A space generally within or in close proximity to
a structure, which space is designed to accommodate a parked motor
vehicle truck during transfer of goods ar materials from such truck to
the stxucture, and having access from a public street.
Zoning Lot: A portion nr parcel of land occupied ar intended to be
occupied by a use, building or unit group of buildings and accessary
buildings, together with such yaxds as are required under the provisions
of this ordinance, having not less than the minimum area. width and
depth required by this ordinance for a lot in the district in which such land
is situated. Such zoning lot shall have frontage upon a public street or
a private easement ar way determined by the Board of Trustees to be
adequate far the purpose of access, and nnay consist o#:
(1) A single lot of record .
(2) A portion of a lot of record.
f 3) A combination of camp~lete lots of record,
and portion of lots of record.
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(4) A parcel of land described by metes
and bounds.
Motel: See "Hotel".
Non conforrnin~ Structure: A building ox structure or portion there-
of conflicting with the provisions of this ordinance applicable to the zone
in which it is situated.
Non-Confaxmin~ use: The use of a structure or premises conflicting
with the pravisions of this ordinance applicable to the zone in which it is
situated.
Noxious Influences: Noise, glaze, adar, air pollution, water
pollution, sxnoke, furx3es, particulate matter, heat or vibration produced
by and emanating from a use or activity, and potentially detrirxaental to
adjacent uses.
Cff-street Parking Space: The area on a lot designed to accommodate
a paxked motor vehicle as an accessory service to the use of the lot and
with adequate access to the lot from a public street.
Park: An open apace devoted to liesure, pastime or recreational
uses.
Pla~r~round: An open space equipped for particular liesure, past-
time and recreational uses such as tennis, basketball, swimming,
sliding, climbing and wading.
PFA: See "Primary Floor Area".
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Primary Flaor Area ; The floor area of a building far purposes of
determining required parking ratios, which shall include only that portion
of the fatal floor area devoted to customer service, sales and office space,
ar in a hospital, clinic or medical center, that portion of the total floor
area devated to rooms, waiting rooxras, treatment rooms and business
offices, and shall nat include utility, hall way, or other accessory space
which does not generate parking demand.
Person; Any individual, firm, copartnership, joint ventuxe,
association, club, fraternal organization, corporation, estate, trust,
business trust, receiver, syndicate, this and any other municipality,
district or other political subdivision.
Professional office: An office fox the practice of professions, such
as offices of physicians, dentists, lawyers, architects, engineers,
musicians, teachers, accountants, and others who through training are
qualified to perform services of a professional nature, where there is
limited storage, sale ar display of merchandise on the premises.
Public Txansportation Terminal: A building designed for use in
conjunction with established modes of mass public transportation as a point
of arrival and departure and facilities a part thereof and necessary thereto.
Recreation Center: A building or portion thereof designed for rec-
reational uses by participating persons such uses including typically
ping~pong, pool and other non-spectator garner and pastimes in which
spectator accoranrxiodations are either absent or pxovided on a limited basis.
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Retail: A business enterprise consisting primarily of the making of
sales and/or rendering of services directly to ultimate consumers, where
each sale ox service transaction is in relatively small quantity or volume,
as distinguished from a wholesale business.
Service Office: An office in which are offered services by real
estate agents, insurance agents, public stenographers, brokers, or others
who through training are duly qualified to perfoxm services of an es~ecutive
nature, and where there is no storage, sale or display of merchandise on
the premises, as distinguished from a professional office.
Setback: The horizontal distance between the established property
line and the nearest point of any structure measuxed at right angles to the
property line,
Storage Facilities, Commercial: A building ox portion thereof
providing to the public at large storage space on a rental basis.
Studio: A building or a poxtion of a building used as a place of
work by an artist, photographex or an artisan in the field of light
handicrafts.
Structure: Anything constructed or erected with a fixed location on
the ground, but not including poles, lines, cables or other transmission
or distribution facilities of public utilities, xxiail boxes and light fixtures.
Use: Use of property allowed under these regulations in a particular
district; includes construction, establishment, maintenance, alteration,
moving onto, enlargement and occupation.
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~a} Use by Right: Use of land, structures, or bath,
expressly authorized under a particular zoning
classification.
(b) Conditional Use: Use by pexrnit appxoved lay the
Board of Trustees,
(c} Accessory Uses A use customarily incidental
and accessory to the principal use of a building
located on the same lot.
Yard: An open space not occupied or obstructed by any structure
or portion of a structure, except fences as regulated herein and as other-
wise expressly pxovided herein.
Yard, front; A yard extending across the full width
of the lot between the front lat line and the nearest
line or point of the pxincipal building.
Yaxd, rear: A yard extending across the full width
of the lot between the rear lot line and the nearest
line ar point of the principal building.
Yard, side: A yard extending fxorn the front yard
to the reax yard between the side lot line and the
nearest line ax gaint of the building.
ARTICLE II. ZONING DISTRICT REGULATIONS,
SECTION 1. RESIDENTIAL
(a) Uses Pexmitted. A person shall not use any premises in a
Residential District except ae hereinafter specifically permitted.
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1. Uses by Right
{a) Single-farri.ily residential dwellings;
(b) Twa-family residential dwellings;
(c) Single-family and two family residential
dwellings or one or more rooms contained
therein. used by the owners as income pro-
ducing propexty and available to the public
for rent or hire.
2. Accessory Uses by Right ,
{a) Private: Greenhouses, tooisheds, play-
houses, garages or carports, tennis courts,
swirrxming pools. patios, dog kennels and park-
ing spaces in addition to minimum. off-street
parking spaces required by these xegulations;
{b) Horxie Occupations;
(c) Any athex structure or use on the same
site with the principal use, incidental and
accessory thereto, and necessary for the
operation of the principal use.
3. Conditional Uses ,
(a) Nursery schools;
(b) Public utility and public service
structures or installations;
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(c) Public buildings and grounds;
{d) Recreation Centers;
(e) Private clubs;
{f) Ski Lifts;
(g) Parke and Playgrounds;
(h) Schools;
{i) Planned Unit Developments;
{b) Res~ulatians. The regulations under which the uses in a
Residential District are permitted as follows:
1. Minimums. The following minimums shall apply:
(a) Floor area: $00 square feet;
(b) Lot area: 10, 000 squaxe feet;
(c) Setback' Front, rear and side
10 feet.
(1) Where the reax of a lot, or the side of a lot, or
both the rear and the side of a lot abut on land controlled by the United
States Forest Service, xxo rear or side setback shall be required for
the portion of such lot so abutting.
2. Floor Area Ratio. The floor area ratio shall not
exceed 0.33:1.
3. Off- street Parkin: Off-street parking shall be provided
in accordance with requirements set forth in the Supplementary regulations.
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SECTION 2. MULTI-FAMILY DISTRIC'~
(a} Uses Permitted.
A person shall not use any premises in aMulti-family District
except as hereinafter specifically permitted.
(1) Uses by Right.
{a) Multi-family dwelling structures;
{b} Single family and two-family dwelling
structures.
(2) Accessory Uses 1~• Right.
{a} Private: Greenhouses, toalsheds, play-
houses, garages, er carports, tennis courts.
swimming pools, patios, dog kennels and
parking spaces in addition to minimum"off-
street parking spaces required by these
regulations;
(b) Home occupations;
(c} Any other structure or use on the same
site with the principal use, incidental and
accessory thereto and necessary for the
operation of the principal use.
{3} Conditional Uses.
(a) Professional and business offices;
{b) Hospitals, medical and dental clinics
and centers;
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(c) Day nurseries and nursery echaols;
{d) Public utility and public service
structures and installations;
{e) Public buildings and gxaunds;
{f) Recxeation Centers;
(g} Pxivate clubs;
(h) Ski lifts;
{i) Paxks and playgrounds;
(j) Schools;
(k) Planned Unit Developments.
{b) Re~ulatians.
T4~e regulations under which the uses in aMulti-family District
are permitted are as follows;
{1) Minirrzums; The following minimums shall apply:
{a) Floor Area: Na minimum;
{b} Lot Area: No minirraum;
(c) ,Setback: Front, rear and side -
l0 feet.
(1j Where the rear of a lot, or the side of a lot,
or bath the rear and the side of a lot abut on land controlled by the
United States Forest Service, na rear or side setback shall be required
for the portion of such Iot ea abutting.
(2) Floox Area Ratio: The floor area ratio shall not
exceed 0.75:1.
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(3} Off-street Parkin: Off-street parking shall be provided
in accordance with requirements set Earth in the Supplementary regulations.
SECTION 3. HIGH DENSITY MULTI-FAMILY DI$TRICT+
(a} Uses Permitted. A person shall not use any premises in a
High Density Multi-family Uistxict except as hereinafter permitted.
{1} Uses by Right
{a) Hotels, motels and lodges;
(b) Multi-family dwelling structures;
{c) Professional, service and business
office and studios;
(d) Recreation Centers;
{e) Libraries, art galleries and museums;
{£} Private clubs;
(g} Parks and playgraunds~;
(2} Accessory Uses by Right
(a) Restaurants, baxs and retail services
when located within the principal use or on
a porch or patio appurtenant thereto;
(b) Pxivate swimming pools, playing fields,
tennis courts, ice skating rinks and buildings
accessory thereto;
{c) Parking spaces in addition to the minimum.
a££-street parking spaces required by these
regulations.
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(d} Any other structure or use on the same
site with the principal use, incidental and
accessary therto, and necessary for the
operation o£ the principal use.
(3j Conditional Uses
(a} Public utility and public service
structures and installations;
(b) Public Buildings and Grounds;
(c} Ski Lifts and Taws;
(d) Schools;
(e} Day nurseries and nursery schools;
(f} Hospitals, medical and dental clinics
and centers;
(g} Public transportation terminals;
(h) Corr~mercial Parking Facilities,
including structures and lots;
(i) Theaters and Convention Facilities;
(j) Arenas;
(k} Bowling Alleys;
(1} Planned Unit Developments.
(b) Regulations. The regulations under which the uses
in a High Density Multi-family District are permitted are as follows:
(1} Minimums: The fallowing xninirr~ums shall apply:
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(a) Floor Area: No minimum;
(b) Lot Area: No minimum;
(c) Setback: F rent • I5 feet.
(2} Floor Area Ratio: The floor area ratio shall net
exceed 1. 50:1,
(3) Off- street Parking: Off- street parking shall be
provided in accordance with requirements set forth in the Supplerx~entaxy
regulations.
(4) Off- street Leading. Off- street leading shall be
provided in accordance with the requirements set forth in the Supplementary
regulations .
SECTION 4. PUBLIC ACCOMMODATIONS DISTRICT
(a) Uses Permitted. A person shall not use any premises in a
Public Accommodations District except as hereinafter specifically
permitted.
(1} Uses bV Right
(a) Hotels, motels and ledges;
fib) Single-family and two-family dwelling
structures;
(c) Professional, service and business
offices and studios;
(d) Recreation Centers;
(e) Libraries, art galleries and museums;
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(f) Private clubs;
(g) Parks and playgrounds.
(2} Accessory Uses by Right
{a) Restaurants, bars, and retail services
when located within the principal uee or on ~,
a porch or patio appuxtenant thereto;
(b) Private swimming gaols, playing fields,
tennis courts, ice skating rinks and buildings
accessory the rate;
{c) Parking spaces in addition #o the minimum
off- street parking spaces required by these
regulations;
{d) Any other structure ax use on the same
site with the principal use, incidental and
accessory thereto, and necessary for the
operation of the principal use.
(3 } Conditional Use s
{a} Public utility and public service
structures and installations;
(b) Public buildings and grounds;
(c) Ski Lifts;
{d} Schools;
{e) Day nurseries and nursery schools;
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(f) Hospitals, medical and dental clinics
and centers;
(g) Public transportation terminals;
(h) Commercial Parking Facilities
including structures and lots;
(i) Theaters and Convention Facilities;
(j) Arenas;
(k) Bowling Alleys;
(1) Retail and service facilities, including
service of food and beverage and sale,
rental and repair of sporting equipxnent,
when such facilities are incidental and
accessory to a ski lift, recreation center,
park, playground. golf course or other
similar recreation facility;
(m) Planned Unit 17evelapments;
(n) Banks.
(b) Regulations. The regulations under which the uses in a
Public Accommodations District are permitted are as follows:
{1) Minimums: The following minimums shall apply:
(a) Floor Area: No minimum.
(b) Lot Area: No n~inimurn.
(c) Setback: Front - 15 feet.
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(2} Floor Area Ratio: The floor area ratio shall not
exceed 1. 50x.1.
(3} Off- street Parkin?: Off- street parking shall be provided
in accoxdance with requirements set forth in the Supplementary regulations.
(4) Off-street Loading: Off-street loading shall be provided
in accordance with regulations set forth in the Supplementary regulations.
SECTION 5. COMMERCIAL CORE DISTRICT
(a} Uses Permitted. A person shall not use any premises in a
Can~mercial Core District except as hereinafter specifically permitted.
(1) Uses by Right
(a} Professional Service and Business Offices
and Studios;
(b} Retail stores and service establishments
as follows:
A.rt and antique stares
Artists supply stores
Bakexy goods stares
Barber shops and beauty shops
Book stores and rental libraries
Confectionery stores
Clothing stores, new merchandise
Drug stares
Dry goads stores
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Florists
Food stores and delicatessens
Gift shops
Hobby shops
Household appliance stares
Interior decorating shape
Jewelry stores
Liquor stores
Leather goads stores
Music, radio and television stores
Nuxsery schools
Photographic supply stores and
photagrapht studies
Radio and television broadcasting studios
Ski lifts and tows
Shoe repair and sales staxes
Restaurants and nightclubs
Stares for the sale, rental, repair and
storage of sporting goods
Tailor and clatl~ing alteration shops
Toy stores
Travel bureaus
Variety stores;
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(c) Multi-family Dwelling Structures;
{d) Hotels, lodges and motels;
(e) Recreation Centers;
{f) Libraries, art galleries and museums;
(g) Private Clubs;
{h) Parka and playgrounds.
(2) Accessory Uses by Ri;~ht
Structures or uses on the same site with the principal
use, incidental and accessory thereto, and necessary
for the operation of the principal use.
{3) Conditional Uses
(a) Public utility and public service
structures and instailationa;
(b) Public buildings and grounds;
(c) Schools;
{d) Public transportation terminals;
(e) Commercial parking facilities, including
structures and lots;
(f) Theaters and Convention Facilities;
(g) Arenas;
(h) Bowling Alleys;
(i) Banks;
(j) Post Offices;
(k) Punned Unit Developments.
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(b) Regulations, The regulations under which the uses in a
Carnrnercial Core District are permitted are as follows:
(l} Minimums: The following minimums shall apply:
(a) Floor Axea; No mininnum.
(b} Lot Size: No minirraum.
(c} Setback: None.
(2} F'loox Area Ratio: The floor area ratio shawl not
exceed 1. 5;1. Fax each square foot of a lot devoted to
permanent public pedestrian use such as arcades or
malls there shall be allowed one square foot of floor
area is addition to the floor area allowed under the
floor area ratio, provided, however, that in no case
shall the total floor area of a building exceed by more
than ten percent the floor area allowed under the floor
area ratio applicable to this district.
SECTION 6. COM1ViERCIAL SERVICE CENTER DISTRICT
(a} Uses Permitted. A person shall not use any premises in
a Commercial Service Center Tistrict except as hereinafter specifically
permitted.
(1) Uses by Right.
(a) Post Offices;
(b} Retail stores and service establishments
as follows:
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Axt and antique stn res
Artists supply stores
Banks
Bakery Goods Stores
Heavy appliance and furniture stores
Barber shape and beauty shops
Book stores and rental libraries
Confectionery stores
Clothing stares, new merchandise
Coin Operated Laundries
Commercial Storage Facilities
Drug Stores
Dry Cleaning Establishments
Dry Gavds Stores
Florists
Food Stares and Delicatessens
Gift Shops
Hardware Stores
Hobby Shops
Household Appliance Stares
Interior Decorating Shops
3ewelry Stares
Liquor Stores
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Leather Goods Store s
Music, Radio, and Television Stores
Nursery Schools
Pet Shags
Photographic supply stores and
photography studios
Radio and Television Broadcasting Studios
Ski Lifts and Tows
Shoe Repair and Sales Stores
Supermarkets
Restaurants and nightciubs
Stores for the sale, rental, repair
and storage of sporting goods
Taiior and clothing alteration shops
Tfly Stores
Travei Bureaus
Variety Stares
Theatexs and Convention Facilities;
{c) Professional, service and business
offices and studios;
{d) Multi-family dwelling structures;
fie} Recreation Centers;
{f) Libraries, art galleries and museums;
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(g) Pxivate Clubs;
(h) Parks and Playgrounds;
(i) Bowling Alleys.
{2} Accessory Uses by Right,.
Structures ar uses on the same site with the principal
use, incidental and accessory thereto, and neccessary
for the operation of the p~rincipai use.
(3) Conditional Uses.
(a) Public utility and public service
structures and installations;
(b) Public buildings and grounds;
(c) 5choa~s;
{d} Public tratxsportatian terminals;
(e) Commercial Parking Facilities,
including structures and lots;
(f) Commercial laundries;
(g) Planned Unit 1?evelopxnents.
(b) Re~ulatians. The regulations under which the uses in the
Coxx~mercial Service Center District are permitted are as follo~*.+s:
{1) Nfinimums: The following minimums shall apply:
(a} Floor Area: No minimurx~.
(b) Lot Size: No rx~inirnuxrz.
(c) Setback: Front - l5 feet.
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{2}
not exceed 1. 50:1.
Floor Area Ratio: The floor area ratio shall
{3) Off-street Parkin: Off street parking shall be
provided in accordance with requirements set forth in the Supplementary
regulations .
(4) Off-street Loading: Off-stxeet loading shall be
provided in accordance with the requirements set forth in the Supplementary
regulations.
{5) Size of Site: No land area less than cane acre in
size shall be developed under this section.
SECTION 7. HEAVY SERVICE DISTRICT.
{a) Uses Perxnitted. A person shall not use any premises in
a Heavy Service District except as hereinafter specifically permitted.
(1) Uses by Right.
{a) Laundry and dry cleaning plants;
(b) Motor freight terminals;
(c) Waxehouses;
{d) Motor vehicle sales and repair shops;
{e) Automobile service stations;
(f) Building Contxactor's Yards;
(g) Household appliance sales and repair
shops;
(h) Maintenance facilities;
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(i} Lumber and building supply yards;
(j) Rental car service areas; -
(k) Light fabricating industries;
(l) Multi-family dwelling structures;
(m) Bawling Alleys;
(n) Bakeries;
(o} Restaurants;
(P} Professional, service and business
offices and studios;
(q} Greenhouses;
(r) Public utility and public service
structures and installations;
(s) Public tranapartatian terminals.
(Z) Accessary Urea by Right,
Any other structure or use on the same site with the
principal use, incidental and accessory thereto, and
necessary for the opexation thereof.
(3} Conditional Uses.
Planned Unit f?eveloprnents.
(b) Regulations. The regulations under which the uses in the
Leavy Service District are permitted are as follows:
(1} 1Vlinixnurns: The following minimums shall apply;
(a) Floor Area: No rninixnum.
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(b} Lot Size: No minimum.
{c} Setback: None.
(2) Floor Area Ratio; The floor area ratio shall
not exceed 1. ~a0:1.
{ 3 } Off-street Parking: Off- street parking shall be
provided in accordance with xequirements set forth in the Supplementary
regulations .
{4} Off-street Loading: Off-street loading shall be
provided in accordance with requirements set forth in the Supplementary
regulations.
SECTION 8, AGRICULTURAL DISTRICT.
(a) Uses Permitted. A person shall not use any premises in
an Agricultural District except as hereinafter specifically permitted.
(1) Uses by Right.
{a} Single-family residential dwelling
structures;
{b} Agricultural uses, including plant and
tree nurseries, the raising of field, row and
tree craps; the growing of fish; and the
grazing of livestock and horses; but not
including hog ranches, commercial feed lots,
agricultural processing industries, or farms
for the disposal of garbage or other wastes.
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(zj Accessory Uses by Right,
{aj Private: Greenhouses, toolsheds, play-
houses, garages or c~xports, patios and dog
kennels;
{bj Home occupations;
(c} Accessary buildings and uses customarily
incidental to agricultural uses, including
barns, silos, sheds, pens and the like;
(dj The retail sale of plants, trees, yr other
farm pxaducts gxown, produced or made an the
promises;
{ej Any other structure or use on the same
site with the principal use, incidental and
accessory thexeto, and necessary far the
opexation thereof.
(3j Conditional Uses,
Golf courses operated far profit.
{bj Regulations, Tt~e regulations under which the uses in an
Agricultural District axe permitted are as fellows:
{lj Minimums: The following rninirx~ums shall apply
to residential dwelling units:
(aj I~'loar Area: 900 square feet;
{bj Lat Size: Two Acres; ,
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(c} Setback: Front, rear and side
l5 feet.
(2} Floor Area Ratio: The floor area ratio for
residential dwelling units sha11 not exceed 0, 33:1.
ARTICLE III. SUPPLEMENTARY REGULATIONS.
SECTIGN 1. ACCESSORY USES:
(a) Location: All accessory uses and structures except fences,
hedges and walls and uxa.enclosed parking, must lie inside the minimum.
setback line.
(b) Fences, hed:~es and walls:
{1) For the purpose of minimizing traffic hazards
at street intersections by improving visibility for
converging vehicles, no fence or structure aver
3b inches above the adjacent street elevation shall
be permitted to be placed, planted or exerted on
any corner lot within the triangular portion of
such lot measured from the point of intersection
of the lot lines abutting the streets a distance of
30 feet along each such lot line,
(2} No barbed wire and no electrically charged
fence shall be erected or maintained.
{c} Home Occupations:
In any district where home occupations are permitted as an
accessory use, the establishment and continuance of a home
33
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occupation shall be subject to the following requirements:
(1) Such use shall be conducted entirely within
a dwelling and carried on principally by the
inhabitants thereat.
(2) Such use shall be clearly incidental and secondary
to the use of the dwelling far dwelling purposes and
shall not change tie residential character thereof.
(3) The total area used fox such purposes shall
not exceed the equivalent o£ one-half the float
area, in square feet, of the first floor of the
txsex's dwelling unit.
(4) There shall be no advertising, display ox
other indications of home occupation on the premises.
(5} There sha11 not be conducted on the prexr~ises
the business of selling stocks, supplies, ox pro-
ducts, provided that incidental retail sales may
be made in connection with other permitted home
occupations.
(6) There shall be no exterior storage on the
premises of material used in the home occupation.
(7) There shall be no offensive noise, vibration,
smoke, dust, odors, heat or glare noticeable at
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or beyond the property line, as a result of the
home occupation.
($) A home occupation shall pxovide additional
off- street parking area reasonable adequate to
accommodate needs created by the home occupation
of not legs than one parking space for each 3fl0
square feet of floor area devoted to the home
occupation.
(9) For puxposes of this section, provided all
requirements contained herein are met, the follow-
ing by way of example shall be considered home
occupations;
(a) PxofessianalOffices;
(b) Art studios;
(c) Teaching, with musical instruction
limited to two pupils at a time;
(d) Dressmaking or Millinery.
A home occupatian shall not include the following:
Clinic, funeral home, nursing hams, tea room, xestaurant,
antique shop, veterinarian's office ox use similar to any of
the foregoing excluded uses.
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SECTZCN 2. OFF STREET PARKING AND LOADING REQUIREMENT
Cff-street vehicle parking and loading space shall be provided for
buildings and uses as specified by the following requirements:
(a) Application to Existing Uses
Parking spaces and loading berths shall be required fer uses and
structures in existence as of the date of the enactment of this ordinance
only if such uses or structures axe expanded, and only to the extent that
the expanded portion of such use o£ structure generates a parking or
loading space requirement; such requirement resulting from the
expansion of an existing use ar structure shall be rrset in accordance
with the schedule set forth in ARTICLE 3, SEGTICN 3, Schedule of
Paxking and Loading Requirements.
(b) Determination of Space Reauirements
The number of parking spaces or loading berths xequixed shall
be based upon anticipated parking demand ax operational need and shall
be designated for specific uses and situations in ARTICLE 3,
SECTION 3, Schedule of Parking and Landing Rec}uirernents.
(c) Requirements not Specified
In any case where the parking or loading requirements for a use
are not specifically enumerated in the schedule, ARTICLE 3,
SECTIGN 3, the Board of Trustees shall have authority to determine
such requirements in accordance with anticipated paxking demand. in
such cases provision of parking and loading facilities shall be subject
to approval by the Board of Txusteee pending review of site and
operational plans.
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(d) General Parking and Loading Requirements
(1) pff-street Load3n~
(a} Location . All off-street loading bertha or
areas shail b~ located on the sarr~e lot as the use
for which they are permitted or required. Off-
street loading berths or areas sha11 be provided
in addition to required off- street parking and
shall not be located within accessways.
(b) Size. Each required loading berth may be
open or enclosed and shall have the following
minimum dimensions: 25 feet long, 12 feet wide
and 14 feet high.
Reasonably adequate turning and rn~aneuvering
apace shall be provided in addition to said minirnuxn
sine requirements.
(c) Access. Accessways at least ten feet in width
shall connect all loading berths or areas #o a
street or alley. Such accessways may be coinci-
dental with access roadway or driveways to park-
ing areas.
(2) Off-street Parkin
(a) Location of parking areas. Parking areas,
whether open or enclosed, sha11 be provi coed-upon
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the same lot containing the use fox which they
are required, or an separate lots within a 30U
foot radius of such lot containing such use,
provided such separate lots or the right to use
such separate Iota for the parking purpose here-
in required shall be held under unified ownership
ar control,
A11 parking aisles and parking spaces shall
be entirely within the lat lines, and not an a
public night-af-way. Parking spaces shall be
arranged sa that na part of any vehicle over-
hangs the public right-of-way.
fib) Size of Space. Each off-street parking
space shall be not less than ten feet wide,
twenty feet long and if enclosed and/er
covered, the enclosure or cover shall be
not less than seven feet high.
(c) Accessways. Unobstructed and direct
accessways shall be provided from off-
street parking to a street, or alley, which
accessway shall have a minimum width of
at least ten feet.
(d) Entrances and Exits. In accommod-
ation and ianulti-family districts, the total
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width of all vehicular entrances and exits
shall not exceed one foot far every three
feet of the greater of: (i) lot frontage, or
(ii) average width of the lot. No entrance
or exit shall exceed 30 feet in width.
(e) Aisles. Aisles shall be provided
affording unobstructed vehicular passage-
way between each parking space and one
ar mare accessways.
(f) Surfacing. All open parking areas
required by this ordinance shall be paved,
except Barking areas for one and twa-
family dwellings.
SECTION 3. SCHEDULE OF OFF STREET PARKING AND LOADING,
REQUIREMENTS:
(a) The minimum number of off-street spaces required of every
new or substantially reconstructed building shall be as follows:
USE' PARKING REQUIREMENT
Single-family and two-family 2 spaces per dwelling unit
residences
Multi-farxiily (townhouses, 1 1/2 spaces per dwelling unit
apartments, condominiums)
Public accommodations i space fox each rental unit
hotels, motels, lodges
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Chuxchea, theaters, audit-
oriums and other public assembly
facilities housing seated
audience s '
1 space for every (5) seats (provided
however, that spaces required by
other uses on the same lot, may be
applied as a credit to the spaces
reauixed by a church, theater, etc.,
use if such other uses and such
church, theater, etc. , uses occur
at different hours, na two of which
coincide)
Elementary and Nursery Schools ~ spaces for every classroom
Medical and Dental Clinics
Retail Floor Space
1 space for every Z00 sq. feet of PFA
3 spaces for every 1, 000 sq. feet of
PFA
Fublic, cotr~mercial or pro-
fessional offices and banks
Restaurants and Pars
3 spaces for every 1, 000 sq, feet of
PFA
3 spaces for every 1, 000 tsq. feet of
PFA
(b) Minimuxx~ off-street loading facilities required of every new
or substanti,a.lly reconstructed building shall be as follows
One Loading Berth far C: ne additional Loading
the Range of Floor Area Berth fox each additional unit
Shown (Square Feet). or fraction thexeof of float
areas shown (square feet)
USE _ _
...~__._. ...._.._.... FRO M ~_ __T_..,.-- -TC
Multifamily dwelling
structures 20, 000 1!~0, 000 50, 000
Hotels, motel9
lodges 10, 000 7'S, 000 25, 000
Restaurants and 'bars,
retail stores and service
establishments 2, 000 8, 000 $, 000
5ECTTC'N 4. USES
(a) Gasoline Service Stations.
In districts where gasoline service stations are pexrriitted, the
establishment of such uses shall be subject to the following requirements:
40 -
(1} All fuel storage tanks shall be completely
buried beneath the surface of the ground.
(2) All gasoline pumps, lubrication or similar
devices and other service facilities shall be
located at least 2Q feet from ar~y street right-of-way line.
ARTICLE IV. EXCEPTIONS
SECTION 1, GENERAL,
The Boaxd of Trustees may grant exceptions in respect to any
use, building or structuxe classified under these regulations
as a conditional use, and may issue permits for such condit-
ion~.i uses, buildings ar structures in accoxdance with proc-
edures set forth in this Article.
SECTION 2. CQNI~ITICNAL USE PERMITS.
(a) Applications. Any person desiring to establish any use
classified as a conditions.I use under this ordinance shall file a written
application with the Soard of Trustees, Such application shall state:
{ 1) The name and address of the applicant;
(2) That the applicant is the owner of the prerniaes invol-
ved or has the perrnis lion of the owner to make application;
(3) The legal description and, if there be a street address,
the street address of the premises upon which the requested
use ins to be maintained;
(4} The mature of the exception £or which application is made;
(5} In particular cases such application may also be required to
include a general preliminary development plan of the proposed
site, to scale, showing:
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(a) A map ar survey of the subject area;
(b) The general development or building
area(s) and general use(s) of the same
showing buffer and setback spaces, if any;
{c) The height of proposed buildings and
structures;
{d} Cff-street parking provisions;
(e) The Iocatian and orientation of all
major exterior lighting devices;
(f) Traffic solution relative to vehicular
traffic within the subject area and to
established street systems serving the
subject axea;
(g) The location of proposed curb cuts;
(h) Sketches of structures relative to
compatibility with immediate neighborhood
as well as within the subject area;
(i) General landscaping and screening plan;
(j) Storzxx drainage solution relative to storm
water, and water the result of snow accurr~-
,.
ulation and melting, within the subject area;
(k) A time schedule for the corr~pletian of the
proposed developrr~ent.
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(6) If the Board of Trustees xefers an application
to the Planning Commission, the Planning Comxniasion
may request of the applicant such additional information
as the Planning Corrimissian deems necessary to rraake
its findings.
(b) Fees. Any application shall be accompanied by a fee of
$~0. 04 to cover investigation and hearing.
{c) Hearin. In all cases where an application is filed far a
permit. the Board of Trustees shall either hold a hearing or refer
the application for hearing before the Planning Commission. In
either case, the hearing shall be held under regulations provided in
ARTICLE V of this axdinance.
{d) Planning Commission Findings, in any case in which a hearing
is held by the Planning Commission, the Planning Commission shall
report to the Loard of Trustees its findings in respect to the proposed
use which report shall include findings as to the following:
(1) Relation to and effect upon the Master
Plan gene rally;
(2) Effect upon light and air, distribution of
population. transportation, water, a•ewage, schools,
parks and other public improvements and requirements;
(3) Effect upon traffic in the streets, with
particular reference to congestion, automotive
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and pedestrian safety and convenience, traffic
flow and control, including control and flow of
traffic entering public streets from private
property, access and nameuverability and
removal of snow from the streets under circum-
stances of heavy accumulation;
(4) Effect upon the character of a particular
district, including the affect upon characteristic
use of such district, and the characteristic
physical attractiveness pf such district, its
architecture and landscaping;
(5) Effect upon the value of existing buildings
and improvements;
(6} The appropriateness of the proposed use in
relation to land uses generally throughout the
municipality,
The Planning Comxx~issian shall also recommend to the Board
of Trustees the imposition of conditions it finds necessary for the
protection of the immediate neighborhood from adverse effects of the
use ar building involved.
(e) Issuance. Upon receiving the findings of the Planning
Gomm.ission, or after itself holding a hearing, and m.~,i~ing findings of
its ~?wn in respect to matters set forth in subsection (d} above, the
_ 44
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Board of Trustees shall issue a permit for the proposed use, provided,
in each case, that the proposed use:
{l} Is reasonably necessary for the convenience
and welfare of the public; and,
{2} Canforrans to the character of the neighborhood
in which it is intended to apply.
In granting any exception, the Board of Trustees may impose
conditions far the reasonable protection of the immediate neighborhood
from adverse effects of the building or use involved.
{f) Term. Such permits may be granted for a temporary period or
permanently. as determined by the Board of Trustees, and, if granted
for a temporary period, application for extension of same will be
subject to a public hearing as required in the original application. If
upon application for extension of a permit the Board of Trustees finds
that the applicant has violated the conditions imposed in the granting of
same, or if the Board finds that because of a change in the general
character of the neighborhood, the public health, safety, morals and
general welfare will be adversely affected by the extension of such permit,
then the Board may deny an application far extension of such permit,
anything in this ordinance to the contrary notwithstanding.
In granting a renewal or extension of a permit, the Board of
Trustees shall impose such conditions as it deems necessary for the
reasonable protection of the immediate neighborhood from adverse
effects of the building ar use involved.
45 -
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{g) Expiration and Discontinuance. A permit issued pursuant to this
ordinance which is not used within the time specified in such perxxiit, or,
if no time is specified, within one year after the granting of the permit,
becomes null and void and of no effect except that the Board of Trustees
may extend the time. Any permit issued under the terms of this section
shall become null and void at the expiration of one (1) yeax after the use
fox which it is issued shall have been discontinued.
SECTION 3. EXCEPTIONS PERMITTED IN RESPECT TQ
PARKING REGULATIONS.
The Board of Trustees may permit exceptions in respect to
parking xegulatians contained in SECTIONS l (b} (3}, ~ (b) (3), 3 (b) {3),
4 (b) {3), 5 (b) (3). 6 {b) (3), ARTICLE II, and the Supplementary
Regulations. In granting or denying an exception in respect to the
parking regulations, the Board shall give such weight as it seems approp-
riate to the effect of such exception upon traffic in the streets, automotive
and pedestrian safety and convenience, traffic flow and control, including
control and flow of traffic entering public streets from. private property,
and access in case of fire, catastrophe, and heavy accumulation of snow.
The procedure to be followed in granting an exception to parking
regulations shall be the procedure hereinabove set Earth governing
application for and the granting of conditional use permits.
~.
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SECTION 4. EXCEPTIONS PERMITTED IN RESPECT TO
PLANNED UNIT DEVELOFMENT.
(a} Requirements. The Board of Trustees may permit exceptions
in respect to the setback, building size. lot size and FAR regulations in
all districts provided the following requirements are met:
(1} Application is made for development of a tract
of land under a comprehensive scheme of development.
[~} The site in respect to which development is
proposed is under single ownership ar unified control,
and is no less than two acres in size.
(3} The uses proposed are the same as the uses
allowed in the district in which the development is
proposed to be located as either permitted uses or
as conditional uses.
(4} The pxoposed FAR for the tract as a whole is
the same ratio as the FAR prescribed for individual
lots in the district in which the development is
proposed to be located. For each square foot of
the tract devoted to permanent public pedestrian use
such as arcades, malls, or similar uses, there shall
be allowed one square foot of floor area in addition
to the floor area allowed under the floor area ratio,
provided, however, that in no case shall the total
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t
floor area in a tract exceed by more than ten percent
the floor area allowable in such tract under the floor
area ratio applicable to the district in which such tract
is located.
(b) Procedure. The procedure to be followed in granting an
exception in respect to a Planned Unit Developrr~ent shall be the procedure
hereinabove set Earth governing application for and the granting of
conditional uses e~rcept that the deterrninatian of the Board of Trustees
in a particular case shall be governed by the following additional standards
and requirements.
(1) Exceptions for Planned Unit Developments shall
be permitted by the Board of Trustees only after it
has determined that the proposed develaprnent will
not have an undue and adverse impact on existing
public facilities and the reasonable enjoyment of
neighboring property. In considering the reasan-
ableneas of the proposed plan of development, the
Board of Trustees shall recognize additional
arr~enitiea and increased efficiency in public services
to be achieved by (a) the amount, location and
proposed use of open apace, and (b) the location,
design and type of dwellings.
[2) No exceptions for planned unit development shall
48
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be permitted unless previsions for ownership and
maintenance of open space are protected by easement(s)
or covenant{s) insuring their continuity and conservation.
{3) Na such exceptions shall be permitted unless
appropriate provision is made for the preservation of
streams and stream banks, wooded cover, and other
desirable landscape features.
ARTICLE V. HEARINGS.
SECTION 1. HEARING AUTHGRITY
{a) Board of Adjustment. In any case required by statute or by
these regulations to be heard by the Board of Adjustrr.ent, the Board of
Adjustment shall hold a hearing and shall conduct its proceedings in
accordance with the procedures set foxth in ARTICLE IX of this ordinance.
{b) Soard of Trustees. In any case required by statute orby these
regulations to be heard by the Board of Trustees, the Board of Trustees
shall hold a hearing and shall conduct its pxoceedings in accordance with
the procedures set forth in this ARTICLE. The Board of Trustees may
refer particular cases to the Planning Commission for hearing before the
Planning Commission.
{c) Planning Commission. The Planning Commission sha11 hear
any case referxed to it by the Board of Trustees. The Planning Corn:missian
may designate any three of its members to sit at any hearing of any matter
referxed to it by the Board of Trustees, The concurxence o£ a majority
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of the members of the Planning Commission sitting at a paxticular hearing
shall be necessary for the adoption of findings or the making of xecammen-
dations. The procedure prescribed herein applicable to hearings before
the Board of Trustees shall also apply in the case of hearings before the
Planning Commission.
SECTION 2. PROCEDURE
{a) Setting for Hearin. Upon the filing of an application for a permit
or a petition for amendment, or upon the filing of any application, petition
or other document, the disposition of which requires a hearing before the
Board of Trustees, the Board of Trustees, or, if the Board of Trustees
refers the case to be heard before the Planning Commission, then the
Planning Commission, shall set a date for hearing which date shall not be
more than thirty days frarn the date of filing such application, petition or
other document.
{b) Notice. Not less than fifteen {15) days prior to the date set for
the hearing, the hearing authority shall cause a copy of a notice of the time
and place of such hearing to be published once in a newspaper of general
circulation in the County of Eagle. If the hearing i$ for revocation of a
permit, notice shall also be served on the ownex of the premises at least
fifteen {15) days prior to the date set for the hearing, such notice to be
served in the manner required by law for the service of summons.
(c) Evidence. The Board of Trustees shall base its determinations
upon evidence adduced at a hearing held before the Board o£ Trustees or
., 50
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upon evidence adduced at a hearing before the Planning Commission or
upon both. If the Board of Trustees bases its determination upon
evidence adduced before the Planning Commission, such evidence shall be
transmitted to the Board of Trustees either in the farm of a transcript cf
the proceedings before the Planning Commission ox in the form of a report
of such proceedings, as the Board of Trustees shall determine. Prior to
undertaking a review of the Planning Commission proceedings, the Board
of Trustees shall afford the applicant, the petitioner or other person
instigating such proceedings and all interested parties the opportunity to
submit exceptions to the record and their contentions and arguments in
respect to the issue ax issues entailed. If upon a review of the proceedings
of the Planning Commission, the Board of Trustees deerr~s the evidence
.contained therein insufficient upon which to base its decision, it may take
additional evidence, after providing notice of hearing as hereinabove
provided to all principals and interested parties. In any such hearing for
the taking of additional evidence, the Board of Trustees may limit the
taking of evidence to evidence required fox its determination.
(d) Findings - Planning Commission. The Planning Commission
shall make particular findings of fact as required by these regulations.
(e) Findings -Board of Trustees. Before issuing, denying or
xevoking any permit, or amending, supplementing or repealing any
regulation, or determining any matter whatsoever after a hearing hoe been
had on the issues invoXved therein, the Board of Trustees shal}. make
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findings in respect to each and every material element of its decision.
(f) ,Disposition by Board of Trustees of Planning Board Findings.
After receiving fxom the Planning Carnrr~ission findings of fact in
respect to a particular case referred to it by the Board of Trustees, the
Board of Trustees shall either:
(1) Confirm or set aside the findings of the
Planning Caxnmission; or
(2) Set the matter for hearing before the Board
of Trustees and hear the matter de novo; or
(3) Refer the xx~.atter back to the Planning
Commission with or without instructions for
fuxther pxoceedings.
{g) Notice of Decision. Within: 90 days following the filing of a
petition, ar application, the disposition of which requires a hearing before
the Board of Trustees, the Board of Trustees shall render a decision
granting or denying such petition or application, and shall cause to be
xr-ailed to the applicant, petitioner or other person instigating Board action,
as the case may be, by registered mail, a notice of the decision of the
Board of Trustees.
(h) Continuances. The appropriate hearing authority may continue
from time to time any hearing scheduled to be held before it.
(i) Revocation. After a public hearing as provided in this section,
the Board of Trustees may revoke ar modify any permit granted by it upon
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s ~ )
any of the grounds stated in this ordinance, or upon any one or more of the
following grounds:
(l) Upon a finding that the permit was obtained by
fraud, misrepresentation ox in bad faith;
(2) Upon a finding that the use for which such
permit was obtained is not being exercised;
(3) U pon a finding that the use for which such
permit was obtained has ceased or has been
suspended for one year or more.
(j) Initiation. The Boaxd of Trustees on its awn motion may, anti
if instructed by the Boaxd of Trustees, the Planning Commission shall,
without filing of any application or petition hold a hearing for the
determination of issues arising under this ordinance.
(k) Finality. The decision of the Board of Trustees is final and
conclusive as to all matters involved therein.
ARTICLE VI. NON-CONFORMING USES AND STRUCTURES
SECTIC'N 1. CONTINUATION.
The lawful use of any building or of any land, or the lawful use of
any building and land, existing at the time of the enactment of this ordinance,
or any amendment hereto, which is not in compliance with the provisions
of this ordinance, may be continued, except as otherwise provided in this
ARTICLE.
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SECTION 2. EXPANSION AND ENLARGEMENTS.
•
A non-conforming use in existence as of the date of the enactment of
this ordinance shall not thereafter be expanded or enlarged. A nan-
conforming structure in existence as of the date of the enactrraent of this
ordinance rosy be altered, enlarged or expanded, provided such alteration,
enlargement ox expansion is in conformity with the provisions of this
ordinance and provided further such alteration enlargement or expansion
does not increase, expand, enlarge ar result in the aggravation of its
non-conforming feature or features.
SECTION 3. ALTERATT~NS AND REPAIRS.
Any non-conforming structure may be repaired whenever such
repairs are necessary to the convenient uee ar efficient operation of such
structure.
SECTION 4. DISCONTINUANCE,
When any non-conforxxaing use has been discontinued for a period of
l2 months, regardless of any intent to resume operations, such use shall
not thereafter be resumed and any future use of the premises shall be in
conformance with the provisions of this ordinance.
SECTION 5. CHANGE CF USE.
A lawful non-conforming use shall not be changed to another non-
conforming use, provided that the Board of Trustees nosy, in its discretion,
after holding a hearing as provided in ARTICLE V, permit a change o€ a
non-conforming use to another non-conforming use if the Board sha11 find
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that the latter does not substantially differ from the former in terncxs of
diminished compatibility with the character of the neighborhood in which it
is located. Nothing in this Section shall be construed as prohibiting the
relocation of anon-conforming parking use from. one part of a lot to
another ox as prohibiting the enlargement of a non- conforming parking use
to provide parking space far additional vehicles.
SECTION 6. USES UNDER SPECIAL EXCEPTION PREVISIONS
NOT NON-CONFORMING USES.
Any use which is permitted as a conditional use under the terms
of this ordinance for which a special exception permit is issued shall not
be deemed anon-conforming use under the #erms of this ordinance, but
shall be deemed a conforming use subject to the regulations pertaining
thereto.
ARTICLE VII. ADMINISTRATION AND ENFORCEMENT,
SECTION 1. APPGINTMENT CF ADMINISTRATIVE OFFICIAL -
DUTIES.
An administrative official designated by the Board of Trustees shall
administer and enforce this ordinance. He may be provided with the
assistance of such other persons as the Board of Trustees may direct.
If the administrative official shall find that any of the provisions of
this ordinance are being violated he shall notify in writing the person
responsible for such violations, indicating the nature of the violation and
ordering the action necessary to correct it.
He shall order discontinuance
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of illegal use of land, buildings, or structure; removal of illegal buildings
or structures or of illegal additions, alterations, or structural changes,
and discontinuance of any illegal work being done; and shall take any
other action authorized by this ordinance to ensure compliance with or to
prevent violation of its provisions.
SECTION 2 . BUILDING PERMITS REQUIRED,.
No building or other structure shall be erected, moved, added to
ox structurally altered without a permit therefor, issued by the admin-
istrative official. No building permit shall be issued by the administrative
official except in conformity with the provisions of this ordinance, unless
he receives a written order from the Board of Adjustment in the case of
variances, or from the Board of Trustees in the case of exceptions.
No building pexmit shall be issued by the administrative official in
respect to land allocated under a Declaration of Land Allocation to an.
existing use or structure.
SECTION 3. APPLICATION FOR BUILDING PERMIT.
..~--•
DECLARATION OF LAND ALLOCATION.
All applications fax building permits shall be accompanied by plans
in triplicate drawn to scale, showing the actual dimensions and shape of
the lot to be built upon, the exact sizes and locations on the lot of buildings
already existing, if any, and the location and dimensions of the proposed
building or alteration. All applications shall also be accompanied by a
Declaration of Land Allocation by which declaration the owner or owners ~f
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land shall disclose the single lot of record, the portion of a lot of record,
the combination of lots of record, the combination o£ portions of lots of
record, or the parcel of land described by metes and bounds allocated
under the Floor Area Ratio requirement of this ordinance to the building
or buildings for which application is made, said declaration to be sworn to
by the owner or owners of land entailed thereby.
The application shall include such other information as lawfully may
be required by the administrative official, including existing or proposed
building or alteration, existing or proposed uses of the building and land,
the number of families, housekeeping units, or rental units the building
is designed to accommodate, conditions existing on the lot, and such other
matters as xnay be necessary to determine conformance with, and provide
for the enforcement of, this ordinance.
One copy of the plans shall be returned to the applicant by the
administrative official after he shall have marked such copy either as
approved or disapproved and attested to same by his signature on such
copy, The original and one copy of the pions, similarly marked, shall
be retained by the administrative official.
SECTION ~. CERTIFICATES OF ZONING COMPLIANCE FOR,
NEW, ALTERED OR NON-CONFC:RMING i7SES~
It shall be unlawful to use ar occupy or permit the use or occupanctr
of any building or premises, or both, erected, changed, converted, ox
wholly or partly altered or enlarged in its use or structure until a certificatE
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of zoning compliance shall have been issued therefore by the administrative
official stating that the proposed use of the building ar land conforms to the
requirements of this ordinance.
No permit for erection, alteration, moving or repair of any
building shall be issued until an application has been made for a certificate
of zoning compliance and the certificate shall be issued in conformity with
the provisions of this ordinance upon completion of the wank.
The administrative official shall maintain a record of all
certificates of zoning compliance and a copy shall be furnished upon
xequest to any perapn.
5ECTIaN 5. EXPIRATIQN OF I3VILi7ING PER1vIIT.
If the work described in any building permit has oat begun within
90 days from the date of issuance thereof, said permit shall expire; it
shall be cancelled by the administrative official; and written notice thereof
shall be given to the persons affected.
If the work described in any building permit has not been substan-
tially completed within 18 months of the date of issuance thereof, said
permit shall expire and be cancelled by the administrative official, and
written notice thereof shall be given to the persons affected, together with
notice that further work as described in the cancelled permit shall not
proceed unless and until a new building permit hoe been obtained.
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SECTION F:. CONSTRUCTION AND USE 7Q LE AS PROVIDED IN
APPLICATION PLANS. DECLARATIONS OF LAND USF AND CERTIFICATES
OF ZONING COMPLIANCE.
Building permits and certificates of zoning compliance issued on the
basis of plans, Declarations of Land Allocation and applications approved
by the adrninistxative official authorize only the use, arrangement, land ..
allocation and construction set forth in such approved plans and applications
and any other use, arrangement, or construction at variance with the
authorized use shall be deemed a violation of this ordinance, and punishable
a,~ provided in ARTICLE I hereof.
ARTICLE VIIY. AMENDMENTS
SECTION 1. AUTHGRITY.
The regulations, restriction, and boundaries set forth in this
ordinance may from time to time be amended, supplemented, changed, or
repealed, by the Board of 'T'rustees, as provided by law and in accordance
with the procedures set Earth in this ARTICLE.
SECTION 2. PR4CFDURE.
(a) Initiation: A proposal to amend the text or change the district
mapping of this ordinance may be initiated by the L~oard of Trustees an its
own motion, by recommendation of the ?lanning Commission, or by
petition of one or more property owners.
(b) Filing of Petition: A petition for proposed annendxnent subrni*ted
by a private property owner shall be prepared in triplicate on forms
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,. A ~ ~ ~
provided far the purpose and filed with the Town Glerk.
(c) Data Required: In addition to all information required on the
petition forrr~, the petitioner shall supply the following:
(1) 4 plat map drawn in triplicate to a scale of
not legs than 200 feet to the inch showing the land in question, its location,
the length and direction of each boundary thereof, the location and existing
use of all buildings on such land and the principal use of all properties
v~rithin 300 feet of such land.
(2) The names and addresses of the owners of all
properties v~~ithin 300 feet of any Hart of the land included in the proposed
change.
(3) All information required by the subdivision
regulations for preliminary plats where applicable.
(d) Hearin Tl~e I~-a,rd of Trustees, nx at the direction of the
Board of Trustees, the Y?lanning C mrxaission, shall hold a public hearing
before adopting any amendment to this ordinance, The hearing shall be
held in the manner provided by ARTICLF V of this ordinance.
ARTICLE IX. BOARD CF .ADJUSTMENT
SEC7'I{7N 1. nRGANIT. ATICN.
(a) Composition and Appointment. There is hereby created a
Board of honing Adjustment, which shall consist of five members to be
appointed by the Beard of Trustees of the Town of Vail, each fox a term of
three years. The first xx±embers of the Board shall be appointed for terms
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one, two and three years, respectively, singly or in pairs, as the L~oard
of Trustees designates in its oxder of appointment. As their terms expire,
a new member shall be appointed for the full three years. Mexxabers shall
serve until their successors are appointed and qualify. Vacancies shall
be filled by resolution of the Boaxd of Trustees for the unexpired term of
the member affected.
(b} Officers. Tt~e Bard of Zoning Adjustment shall elect a
Chairman and aVice-Chairman from among its members, whose #errras
shall be fox one year.
(c} iVleeting~. Regular meetings of the Board shall•be held at least
once a month at a place and time specified by rule. Special meetings may
be held at the call of the G~~iairman, or in his absence at the call of the
Vice-Chairman, either of whom tray administer oaths and corr~pel the
attendance of witnesses. All meetings shall be open to the public.
(d} Rtyles of procedure. The Boaxd of Adjustment shall keep
xrinutes of its proceedings showing the vote of each member upon each
question, or if a xx~.emher is absent ar fails to vote, indicating such fact,
and shall keep records of its examinations and other official actions, all
of which shall be a public record and be immediately filed in the office of
the P~ard.
5ECTICN 2. PO~IERS AND DUTIES.
The Board of Adjustment shall have all the powers and duties
prescribed by law including the fallowing;
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(a) Appeals. To hear and decide appeals from and review any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of this ordinance.
(b) Referred Matters. Ta hear and decide all matters referred to
it under authority of this ordinance.
(c) Variances. Vithere there axe practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this ordinance, to
vary or modify the application of the regulations or provisions of this
ordinance relating to the use, construction or alterations of buildings or
structures, or the use of land, so that the spirit of the ordinance shall be
observed, public safety and welfare secured and substantial justice done.
in rn.aking its determination, the Soard shall consider the following:
undue hardship, need for the proposed variance, compatibility of the
proposed variance with the surrounding area, its effect on future development
of the area, and the health, safety and welfare of the inhabitants of the
Town. No nan-conforrxxing use of neighboring lands, structure, or buildings
in other districts shall be considered grounds fax the issuance of a variance
(d) Vote Required. The concurring vote of four members of the
Board shall be necessary to reverse any order, requirement, decision or
determination of any administrative official. or to decide in favor of any
applicant any matter upon which it is required to pass under this ordinance,
or to effect any variation in this ordinance,
(e) Review of Board Action. Every decision of the Board shall be
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subject to review by certiorari. Such appeal may be taken to the District
Court in and for the County of Eagle by any person aggrieved ar by an
officer, department, board orbureau of the Town of Vaii.
SECTION 3. PROCEDURE.
(a) Appeals. Appeals shall be taken fxom the decisions of admin-
istrative officials within such time as shall be prescribed by the $oardby
general rule, by filing with the officer from wham the appeal is taken, and
the Board, a notice of appeal, specifying the grounds thereof. The officer
from wham the appeal is taken shall forthwith transmit to the Soard all
the papers constituting the record of the action from which the appeal is
taken. If the officer from wham. an appeal is taken is of the opinion that a
stay of his ardex would cause imminent peril to life or property, he shall
sa state in a certification to be attached to the xecaxd and to be transmitted
therewith,
(b) Variances. Applications for variances shall be made to the
Board in wxiting on forms prescribed by the Board which application shall
describe in detail the variance applied for and the grounds upon which the
variance is claimed.
(c) Hearing and Notice. No action of the Board shall be taken on
any case hereinabove provided until after notice has been given and a
public hearing has been held as follows: a notice of tirxze and date of said
hearing; shall be posted upon the premises for a period of na less than ten
days prior to the date set for hearing, said notice to contain also the name
(,3
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of the person appealing ar applying, a description of the subject property.
and a statement of the issue or issues to be heard. The Board may also
provide letter notification to persons owning pxoperty, residing, or having
a business in the district entailed. The $oard shall render its decision
within sixty (60) days following the filing of an application.
~d) Casts. Fox applications far variances, or for appeals fxom
decisions of administrative officers, a fee of $l5, 00 shall be charged the
party applying or m&king an appeal.
ARTICLE ~. MISCELLANEOUS.
SECTION 1. SEVERABILITY.
If any part or provision of this ordinance or the application thereof
to any person, property. or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its operation
and direction to the part, provision, section, or application dixectly
involved in the controversy in which such judgement shall have been
rendered and shall not affect or impair the integrity or validity of the
remainder of this ordinance or the application thereof to other persons,
property, or circumstances. The Board of Trustees hereby declares that
it would have enacted the rexxiainder of this ordinance even without any
such part, provision, section, or application.
SECTION 3. EFFECTIVE DATE.
..~.
This ordinance shall be in full foxce and effect avithin 30 days aftex
its approval by the Board of Trustees and final publication as prescribed
by law.
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INTRODUCED, READ AND ORDERED PUBLISHED THIS 12th day of
MAY, 1969.
~ydr
ATTEST
Town Clerk /
.*
k ~~
TOWN OF VATL
1 ~ ~
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that the Planning Com-
mission for the Town of Vail, pursuant~to the provisions of Or-
dinance No. 7 (Series of 1969} has proposed and recommended that
Ordinances No. 7 (Series of 1969) and No. 8 (Series of~I970) be
amended as follows:
ORDINANCE N0. 7
ARTICLE I. GENERAL PROVISIONS
SECTION 5. DEFINITIONS
Dwellinp~: A single detached principal building used
primarily for res~.dential occupancy.
Family:
{3) Two unrelated persons doing their own cooking
and living together on the premises as a separate housekeeping
unit, pursuant to a mutual housekeeping agreement. This defini-
tion shall not apply to a group of more than two unrelated per-
sons living together on the premises on a short-term rental basis
of less than thirty days.
ARTICLE TI. ZONING DTSTRTCT REGULATIONS
SEC~r1uN 1, RESIDENTIAL
(a) Uses Fermitted
(1) Uses by Right
(c) Deleted in its entirety.
SECTION 3. HIGH DENSITY MULTI-FAMILY DISTRICT
(b )- Regulations
{2~ Floor Area Ratio: The floor area ratio shall
not exceed 1.0:1.
SECTION ~+. PUBLIC ACCOMMODATIONS DTSTRTCT
(b) Regulations
(2) Floor Area Ratio: The floor area ratio shall
not exceed 1.0:1. For each square foot of a lot devoted to per-
manent public pedestrian use such as arcades or malls, there shall
be allowed one square foot of floor area in addition to the floor
area allowed under the floor area ratio, provided, however, that
in no case shall the total floor area of a building exceed by more
than ten percent the floor area allowed under the floor area ratio
applicable to this district.
ORDINANCE NO. 8
SECTION 1.
{b) Re ulations
• (2~ Floor Area Ratio: The floor area ratio shall
not exceed 1.25:1. For each square foot of a lot devoted to per-
manent public pedestrian use, such as arcades or malls, there shall
be allowed one square foot of floor area in addition to the floor
area allowed under the floor area ratio, provided, however, that
in no case shall the total floor area of a building exceed by more
than ten percent the floor area allowed under the floor area ratio
applicable to this district.
NOTIG`E IS HEREBY GIVEN that a Public Hearing will be held
before the Board of Trustees of the Town of Vail to consider the
foregoing proposed amendments to the Zoning Regulations at the hour
of 7:30 o'clock P.M., Monday, November 9, 1970, in the Vail Elementary
School Building (above the Vail Medical Clinic) in'the Town of Vail,
when and where all interested persons may appear and be heard.
GIVEN under my hand and official seal this 15th day of
October, 19 7D .
. ~ i~C~1
' - Terrell J. M~ er,
Town Clerk
E S E A L)