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HomeMy WebLinkAbout1981-35 Repealing and Reenacting Sections 18.69.090 of the Vail Municipal Code to Permit Restoration of Legal Non-Conforming Uses, Structures or Site Improvements that are Destroyed by Fire or Other Calamity or by an Act of God~ ORDI~dANCE~ 35 ~' ~ Series of 1981 ~~ AN ORDINANCE REPEALING AND 18.69.090 OF THE MUNICIPAL VAIL TO PERMIT RESTORATION USES, STRUCTURE5 OR SITE I DESTROYED BY FIRE OR OTHER OF GOD. RE-ENACTING SECTIONS CODE OF THE TOWN OF OF LEGAL NON-CONFORMING MPROVEMENTS THAT ARE CALAMITY OR BY .AN ACT WHEREAS, the Planning and Environmental Commission has recommended the repeal and re-enactment of Section 18.64.090 to permit the restoration of legal non-conforming uses, structures or site improve- ments that are destroyed by fire, ar other calamity or by an act of God ; and WHEREAS, the Town Council considers such an amendment to be appropriate and of benefit to the public health, safety and welfare of the inhabitants of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 18.64.090 is hereby repealed and re-enacted to read as follows: 18.64.090 - Restoration. A. Whenever a non-conforming use which does not conform with the regulations for the district in which it is located or a non-conforming structure or site improvement which does not conform with the requirements for setbacks, height, density control, building bull control or site coverage is destroyed by fire ar other calamity, by act of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new Construction must conform to the applicable Uniform Building Code, Uniform Fire Code and other relevant codes regarding safety and construction which are in effect at the time rebuilding is proposed. 8. Registration of non-conforming uses, structures or sites is required to be submitted to the Community Development Department. The owner or representative must submit sufficient information to insure if the use, structure or site can be reconstructed to the original plan. Minimum information submitted should be a site plan, a floor plan, use of structure, parking layout and landscaping. The registration shall be made no later than two (2) years from the effective date of this ordinance or effective date of annexation into the Town of Vail, whichever is more restrictive. to j ` ~~ Section 2. If any part, section, sub-section, sentence, clause or phrase of this ordinance is far any reason held to be invalid, such decisions 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, sub-section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, sub-sections, 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 repeal or the repeal and re-enactment of any provision of the Vail Municipal 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 prosectuion commended, nor any other action or proceeding has commenced under or by virtue of the provisions repealed or repealed and re-enacted. The repeal of any provision hereby shall nat 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 THIS ~v DAY OF OCTOBER, 1981, RND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWiV CgUNCIL OF THE TOWN OF VAIL, COLORADO ON THE ~TDAY OF OCTOBER, 1981 ~-- `-`141 A Y O R / ~" ATTEST: ~' ~~A TOWIG CLARK .. 2 ! ~~ ~ INTRODUCED, READ, APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY THIS~idz`..l DAY OE OCTOBER, 1981. (.--/ i~ , MAYOR r - U ATTEST: D~ ~ ~~ TOWN LERK ~~: ~. ;:.; . ~:: ~. . -3-