HomeMy WebLinkAbout1982-34 Repealing and Reenacting Sections 18.24.190, 18.26.160, 18.27.120 and Adopting a New Section 18.28.160 if the Vail Municipal Code Providing for the Outdoor Display of Goods_~ A
ORDINANCE N0. 34
(Series of 1982)
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AN ORDINANCE REPEALING AND REENACTING SECTIONS 18.24.190,
18.26.160, and 18.27.120 AND ADOPTING A NEW SECTION
18.28.160 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL
PROVIDING FOR THE OUTDOOR DISPLAY OF GOODS IN THE COMMERCIAL
CORE I, COMMERCIAL CORE II, COMMERCIAL III, AND COMMERCIAL
SERVICE CENTER ZONE DISTRICTS; ELIMINATING CONFLICTING
LANGUAGE REGARDING OUTDOOR DINING TERRACES IN COMMERCIAL CORE
I AND COMMERCIAL II; AND SETTING FORTH DETAILS IN RELATION THERETO.
WHEREAS, the Staff of the Community Development Department have recommended
to the Planning and Environmental Commission certain changes to the CCI, CCII, CSC,
and CCIII Zone Districts to clarify and amend the permitted location of business
activity within these districts; and
WHEREAS, the Staff of the Community Development Department has recommended
to the Planning & Environmental Commission certain changes to the CCI and CCII
Zone Districts removing conflicting wording regarding awnings, windbreaks, and
outdoor dining, terraces; and
WHEREAS, the Planning and Environmental Commission has reviewed the recommended
changes and have approved and recommend the changes herein contained; and
WHEREAS, the Town Council is of the opinion that the following changes would
be in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1.
Section 18.24.190 is repealed and reenacted as follows:
18.24.190 Location of business.
A. All offices, businesses, and services permitted by Sections 18.24.020
through 18.24.050 shall be operated and conducted entirely within a
building. except for permitted unenclosed parking or loading areas and,
[THE OUTDOOR DISPLAY OF GOODS]. veed}pQ-stapds;-IE}esl~s;-apd-aeeese~y
ebtdee~-dip}pg-ter-~aees.
B. Apy-awp}pQ3-w~pdb~eal~-e~-etbe~=-eever~p~-ei=-ap-ebtdeex-d~p~pg-te~~=aee-sba~~
be-saps}den=ed-a-seasepa~-st~bet~~=e.
[B. The area to be used for outdoor display must be located directly in front
of the establishment displaying the goods and entirely upon the establishment's
own property. Sidewalks, building entrances and exits, driveways and streets
shall not be obstructed by outdoor display.]
Section 2.
Section 18.26.160 is repealed and reenacted as follows:
18.26.160 Location of business activity
A. All offices, businesses and services permitted by Section 9.26.020
[18.26.020] shall be operated and conducted entirely within a building,
except for permitted unenclosed parking or loading areas and [THE OUTDOOR
DISPLAY OF GOODS.] veed}pg-stapds;-I~#esl~s;-apd-aeeessepy-eatdeeP-~~p~p~
te~~aees-seeapy}pQ-ap-area-pet-g~eate~=-thap-lweety-peg=sept-ef-tbe-bb~~d}pQ
eeve~age.
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Page 2
B. The area to be used for outdoor display must be located directly in
front of the establishment displaying the goods and entirely upon the
establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display.
Section 3.
Section 18.27.120 is repealed and reenacted as follows:
18.27.120 Location of Business Activity
A. All permitted and conditional uses by 18.27.020 and 18.27.030 shall be
operated and conducted entirely within a building, except for permitted
loading areas and such activities as may be specifically authorized to
be unenclosed by a conditional use permit [AND THE OUTDOOR DISPLAY OF GOODS.]
B. The area to be used for outdoor display must be located directly in front
of the establishment displaying the goods and entirely upon the establishment's
own property. Sidewalks, building entrances and exits, driveways and streets
shall not be obstructed by outdoor display.
Section 4.
Section 18.28.160 of the Vail Municipal Code is amended as follows:
18.28.160 Location of Business Activity
A. All permitted and conditional uses by 18.28.030 and 18.28.040 shall be operated
and conducted entirely within a building, except for permitted parking and
loading areas and such activities as may be specifically authorized to be
unenclosed by a conditional use permit and the outdoor display of goods.
B. The area to be used for outdoor display must be located directly in front
of the establishment displaying the goods and entirely upon the establishment's
own property. Sidewalks, building entrances and exits, driveways and
streets shall not be obstructed by outdoor display.
Section 5. 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 by declared invalid.
Section 6. 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 7. The repeal or the repeal and reenactment 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 prosecution commenced, nor any other action or proceeding as commenced under
or by virtue of the provision repealed or repealed or reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
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INTRODUCED, READ AND PASSED ON FIRST READING THIS 5th day of October, 1982,
and a public hearing shall be held on this ordinance on the 19th day of October,
1982, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Ordered published in full this 5th day of October, 1982.
/ ~VN
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Rodney E. S1 ~fer;'~layor '
ATTEST:
Co~ en K ine, own Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
b y t it le only ,this 19th day of October, 1982.
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RodYfey E. Sl i fir, Mayor '
~' ATTEST:
/ ~ /~ ~~
C~ n Kline, Town Clerk
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