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HomeMy WebLinkAbout2008-03 Design Review Standards, Wood Roof Ban, Roof Covering Materials, Class A Roof Assembly ORDINANCE NO. 3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASSA ROOFASSEMBLIES ORCLASSA ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed 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; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote 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; and WHEREAS, the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 3, Series of 2008 1 VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations (Text that is to be deleted is s#+slFer~. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows: RIDGE: The uppermost, horizontal external angle formed by the intersection of two sloping roof planes. VALLEY: The internal angle formed by the intersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi-family dwellings shall be required fo have uniform roof covering materials, except when the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure, and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come into compliance as follows: a. Repair and maintenance oftwenty--five (25) percent or more of the roof area of asingle-family dwelling, a side of atwo-family dwelling, or of an entire multiple-family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area in any time period shall require compliance of the entire roof of the single-family dwelling, the affected side Ordinance No. 3, Series of 2008 2 _ e of atwo-family dwelling, or an entire multiple-family dwelling. b. All additions affecting roof area shall trigger compliance of the roof structure of asingle-family dwelling, aside of atwo-family dwelling, or the entire multiple-family dwelling, except for aone-time exemption of up to 500 square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of atwo-family dwelling, the other side may be required to reroof if the two sides have roof systems that share ridges or planes. Different materials on each side of the two- family dwelling may be permitted by the Design Review Board if the materials are deemed compatible, integral fo the architectural style of the structure and share a valley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of amulti-structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. 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 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 6. The amendment of any provision of the Town Code as provided in this Ordinance No. 3, Series of 2008 3 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 9. 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 5th day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19th day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Buildin ,Vail, Colorado ,~p~N•OF•. and D. Cleveland, Mayor ATTE l ~ . 1.~~~', ,i' ~ ~i SEAL L-drelei~onaldson, Town Clerk oo~oRPOO • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of February, 2008. ~a"~ of I. 'hard D. Cleveland, Mayor ~ ,~O • ,•i~ A~T~~T: ~;~1, SEAL ~releirponaldson, Town Clerk ; co~o~sp Ordinance No. 3, Series of 2008 4