HomeMy WebLinkAbout2008-12 Zoning RegulationsORDINANCE NO. 12
SERIES 2008
AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12-
6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY
MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY
DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61,
HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B,
COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E,
COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS
DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI
BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2;
12-96, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER
12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE
PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS
PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT
AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning
Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated June 23, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated June 23, 2008, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the 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, based upon Section VI of the Staff memorandum dated June 23, 2008; and,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated June 23, 2008, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 12, Series of 2008, second reading
Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as
follows (text to be deleted is in ,text that is to be added is bold. Sections of text
that are not amended have been omitted):
PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted
from the definition of "structure" elsewhere in this title, which is reasonably necessary to
facilitate adequate public utilities and public services. Public utilities and public services
shall include, but not be limited to, distribution, collection, communication, supply or
disposal systems for gas, electricity, water, wastewater, storm water,
telecommunications, irrigation, solid waste, recycling, and other similar public utilities
and public services. For the purposes of this title, public utility and public service uses
shall not include public transportation facilities, sewage or wastewater treatment
facilities, sanitary landfills, salvage yards, storage yards, e~ business offices, or
communications antennas and appurtenant equipment.
USE, ACCESSORY: A use or activity that is subordinate and incidental to a
permitted or conditional use.
USE, CONDITIONAL: A use or activity with unique or special characteristics that
requires additional review to ensure they are located properly with respect to the
objectives of the Zoning Regulations, and to ensure their compatibility with other
surrounding uses and the town at large. Due to their unique characteristics and
the potential for impacts to adjacent uses, conditional uses are often allowed
subject to specific limitations and conditions.
USE, PERMITTED: A principle use or activity allowed by right within a zone
district.
Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is
hereby amended as follows:
12-6A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Equestrian facilities located on five (5) acre minimum lot size area on property bordering
public land.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Section 3. Article 12-6B, Single-Family Residential District, of the Vail Town Code is
hereby amended as follows:
12-6B-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
2 Ordinance No. 12, Series of 2008, second reading
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the
Vail Town Code is hereby amended as follows:
12-6C-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is
hereby amended as follows:
12-6D-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-1418 of this title.
Communications antennas and appurtenant equipment.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is
hereby amended as follows:
12-6E-2: PERMITTED USES:
12-6E-3: CONDITIONAL USES:
3 Ordinance No. 12, Series of 2008, second reading
The following conditional uses shall be permitted in the RC district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Business offices, as further regulated by subsection 12-16-7A13 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Professional office, as further regulated by subsection 12-16-7A13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code
is hereby amended as follows:
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows:
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
4 Ordinance No. 12, Series of 2008, second reading
Public utility and public service uses.
Ski lifts and tows.
Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows:
12-6H-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units.
Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended
as follows:
12-61-2: PERMITTED USES:
The following uses shall be permitted in the H district:
Bicycle and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the H district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning
and environmental commission) to the use of employee housing and specifically serving
the needs of the residents of the development, and developed in conjunction with
employee housing, in which case the following uses may be allowed subject to a
conditional use permit:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Ordinance No. 12, Series of 2008, second reading
Business offices and professional offices as further regulated by section 12-16-7 of this
title.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, Laundromats, beauty and barber shops,
tailor shops, and similar services.
Retail stores and establishments.
Dwelling units (not employee housing units) subject to the following criteria to be
evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing
on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling
units shall not exceed thirty percent (30%) of the total GRFA constructed on the
property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site
and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is
hereby amended as follows:
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and not occupying more than ten percent (10%) of the total gross
residential floor area of the main structure or structures on the site; additional accessory
dining areas may be located on an outdoor deck, porch, or terrace.
Employee Housing Units, as further regulated by chapter 13 of this title.
Automated Teller Machines (ATMs) exterior to a building.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Fractional fee club units as further regulated by subsection 12-16-7A8 of this title.
Healthcare facilities.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and occupying between ten percent (10%) and fifteen percent (15%) of the
total gross residential floor area of the main structure or structures on the site.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
g Ordinance No. 12, Series of 2008, second reading
Private unstructured parking.
Professional and business offices.
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Theaters and convention facilities.
Section 12. Article 12-76, Commercial Core 1 District, of the Vail Town Code is
hereby amended as follows:
12-76-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
B. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Travel and ticket agencies.
Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
7 Ordinance No. 12, Series of 2008, second reading
Restaurants.
3. Lodges.
4. Employee Housing Units, as further regulated by chapter 13 of this title.
5. .Additional uses determined to be similar to permitted uses described in
subsections 61 and B2 of this section, in accordance with the provisions of section
12-3-4 of this title so long as they do not encourage vehicular traffic.
6. Automated Teller Machines (ATMs) exterior to a building.
12-76-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
B. Conditional Uses: The following uses shall be permitted on second floors above
grade, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters.
12-76-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
B.Conditional Uses: The following uses shall be permitted on any floor above the
second floor above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title. Any permitted or conditional
use which eliminates any existing dwelling or accommodation unit, or any portion
thereof, shall require a conditional use permit. Such uses may include:
Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is
hereby amended as follows:
12-7D-1: PERMITTED USES:
The following uses shall be permitted in the commercial core 3 district:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Communications antennas and appurtenant equipment.
Eating and drinking establishments, including the following:
Cocktail lounges and bars.
Coffee shops.
Fountain and sandwich shops.
Restaurants.
Employee Housing Units, as further regulated by chapter 13 of this title.
Health clubs.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Ordinance No. 12, Series of 2008, second reading
Shoe repair.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Auto parts stores.
Bakeries and confectioneries, preparation of products for sale on the .premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Health food stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, business, or services determined to be similar to permitted uses in
accordance with the provisions of this section.
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the commercial core 3 district,
subject to issuance of a conditional use permit in accord with the provisions of
chapter 16 of this title:
Any use permitted by section 12-7D-1 of this article which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-1418 of this title.
Brew pubs.
g Ordinance No. 12, Series of 2008, second reading
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennels.
Drive-up facilities.
Major arcades.
Massage parlors.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code
is hereby amended as follows:
12-7E-3: PERMITTED USES:
The following uses shall be permitted in the CSC district:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Employee Housing Units, as further regulated by chapter 13 of this title.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
10 Ordinance No. 12, Series of 2008, second reading
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses in
accordance with the provisions of section 12-7E-2 of this article.
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Bowling alley.
Brew pubs.
Child daycare centers.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Dog kennels.
Major arcades.
Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this
article.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
11 Ordinance No. 12, Series of 2008, second reading
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby
amended as follows:
12-7F-3: PERMITTED USES
The following uses shall be permitted in the arterial business district:
Eating and drinking establishments, as follows, are permitted on the first (street)
level:
Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Employee Housing Units, as further regulated by chapter 13 of this title.
Personal services and repair shops, as follows, are deemed to be generally
accessory and/or supportive of office uses and shall be permitted on the first
(street) level:
Beauty and barber shops.
Shoe repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices and studios.
Radio and television broadcasting studios.
Retail stores and establishments, as follows, are deemed to be generally
accessory and/or supportive of office uses and are therefore permitted so long as
they do not exceed eight thousand (8,000) square feet in floor area for each such
business use and so long as they are located on the first (street) level:
Art supply stores.
Bookstores.
Drugstores.
Florists.
Newsstands.
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to permitted
uses in accordance with the provisions of section 12-7F-1 of this article.
12-7F-4: CONDITIONAL USES:
A.Enumerated: The following conditional uses shall be permitted in the arterial business
district, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Any use permitted by section 12-7F-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further provided by section 12-14-18 of this title.
Brew pubs.
Child daycare centers.
Communications antennas and appurtenant equipment.
Microbreweries.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
~ 2 Ordinance No. 12, Series of 2008, second reading
Public utility and public services uses, including screened outside storage.
Service yards.
Transportation businesses.
Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby
amended as follows:
12-7G-5: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Animal hospitals and dog kennels.
Automotive service stations.
Building materials stores.
Business offices.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Corporation yards.
Machine shops.
Motor vehicle sales and services.
Repair garages.
Repair shops.
Seasonal plant product business.
Sexually Oriented Businesses.
Ski lifts and tows, and accessory dwelling unit for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set out in
this section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses set out in
this section in accordance with the provisions of section 12-3-4 of this title.
Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is
hereby amended as follows:
12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brewpubs.
Coin operated laundries.
Commercial storage.
Communications antennas and appurtenant equipment.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
13 Ordinance No. 12, Series of 2008, second reading
Public or private parking lots.
Public park and recreation facilities.
Public utility and public service uses.
Seasonal uses or structures utilized for more than fourteen (14) days.
Single-family residential dwellings.
Ski lifts and tows.
Television stations.
Two-family residential dwellings.
Additional uses determined to be similar to conditional uses described in this section, in
accordance with the provisions of section 12-3-4 of this title.
Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is
hereby amended as follows:
12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Automotive service stations.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brew pubs.
Child daycare centers.
Commercial storage.
Communications antennas and appurtenant equipment.
Laundromats.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Television stations.
Vehicle maintenance, service, repair, storage, and fueling.
Warehouses.
Additional uses determined to be similar to conditional uses described in this section, in
accordance with the provisions of section 12-3-4 of this title.
Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code
is hereby amended as follows:
12-8A-2: PERMITTED USES:
The following uses shall be permitted in the A district:
Plant and tree nurseries and raising of field, row and tree crops.
Public parks, passive and active recreation areas, and open spaces.
Single-family residential dwellings.
Employee Housing Units, as further regulated by chapter 13 of this title.
12-8A-3: CONDITIONAL USES:
14 Ordinance No. 12, Series of 2008, second reading
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Any use within public parks, recreation areas, and open spaces which involves
assembly of more than two hundred (200) persons together in one building or group of
buildings, or in one recreation area or other public recreational facility.
Cemeteries.
Communications antennas and appurtenant equipment.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools.
Religious institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is
hereby amended as follows:
12-8B-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Accessory buildings (permanent and temporary) and uses customarily incidental and
accessory to permitted or conditional outdoor recreational uses, and necessary for the
operation thereof, including restrooms, drinking fountains, bleachers, concessions,
storage buildings, and similar uses.
Cemeteries.
Equestrian trails, used only to access national forest system lands.
Communications antennas and appurtenant equipment.
Public parks and active public outdoor recreation areas and uses, excluding buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is
hereby amended as follows:
12-8D-2: PERMITTED USES:
F. Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Addition or expansion of storage buildings for mountain equipment.
Additions or expansions of public or private parking structures or spaces.
Bed and breakfast as further regulated by section 12-1418 of this title.
Child daycare center.
Communications antennas and appurtenant equipment.
Food and beverage cart vending.
15 Ordinance No. 12, Series of 2008, second reading
Public, private orquasi-public clubs.
Recreation room/minor arcade.
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
Redevelopment of ski racing facilities.
Redevelopment of water storage extraction and treatment facilities.
Seasonal structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment.
Summer seasonal community offices and programs.
Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is
hereby amended as follows:
12-8E-2: PERMITTED USES:
A:The following uses shall be permitted within the ski base/recreation 2 district:
Eating and drinking establishments including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Lodges.
Private or public off street loading facilities.
Private or public off street vehicle parking structures.
Public parks and outdoor recreation facilities.
Residential uses including the following:
Accommodation units.
Multi-family residential dwelling units.
Single-family residential dwelling units.
Two-family residential dwelling units.
Ski base oriented uses including the following:
Commercial ski storage on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts and tows.
Ski patrol facilities.
Ski racing facilities.
Ski school facilities.
Ski trails.
Skier and guest services including, but not limited to, uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity
desk.
Snowmaking facilities.
Special community events, including, but not limited to, ski races, festivals,
concerts, and recreational, cultural and educational programs and associated
improvements/facilities, subject to the issuance of a special events license
12-8E-3: CONDITIONAL USES:
16 Ordinance No. 12, Series of 2008, second reading
The following conditional uses shall be permitted in the ski base/recreation 2 district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Brew pubs.
Communications antennas and appurtenant equipment.
Fractional fee units.
Outdoor dining decks and patios.
Private and public clubs.
Public utility and public service uses.
Additional uses determined to be similar to conditional or permitted uses described in
this chapter, in accordance with the provisions of section 12-3-4 of this title.
Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended
as follows:
12-9B-2: PERMITTED USES:
The following uses shall be permitted in the P district:
Private or public unstructured off street vehicle parking.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-9B-3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Communications antennas and appurtenant equipment.
Major arcades.
Parks and recreational facilities.
Private or public off street vehicle parking structures.
Public uses, private office and commercial uses that are transportation, tourist or town
related and that are accessory to a parking structure.
Temporary construction staging sites. For the purposes of this section, a "temporary
construction staging site" shall mean a site on which, for a temporary period of time,
construction materials, heavy construction equipment, vehicles and construction trailers
may be stored.
12-96-5: DEVELOPMENT STANDARDS:
Development standards in each of the following categories shall be as prescribed
by the Planning and Environmental Commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby
amended as follows:
17 Ordinance No. 12, Series of 2008, second reading
12-9C-2: PERMITTED USES:
The following uses shall be permitted in the GU district:
Bicycle and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space
12-9C-3: CONDITIONAL USES:
A.Generally: The following conditional uses shall be permitted in the GU district, subject
to issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Child daycare centers.
Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools.
Public and quasi-public indoor community facilities.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or cultural
activities.
Ski lifts, tows and runs.
Water and sewage treatment plants.
Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby
amended as follows:
~ g Ordinance No. 12, Series of 2008, second reading
12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE
EHU Zoning districts
permitted by right ~y
seflc~itieaal-dse Ownership/
Transference Additional GRFA Additional Site
Coverage /
Reduced
Landsca a Area Garage
Credit/Storage
Requirement Parking Minimum/Maximu
m GRFA of an
EHU Density
Type I Re~+#ed-else: The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is
Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a
Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit
Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the
(only on lots less than the EHU. a maximum of 2 property.
14,000 sq. ft. in size) parking spaces
LANDSCAPE (600 sq. ft.).
AREA: All units not
The site is entitled constructed with
to a reduction of a garage shall be
landscape area by required a
5% (reduced to minimum 75 sq.
55% of site area) ft. of storage area
for the EHU. in addition to
normal closet
space. This 75
sq. ft. shall be a
credit for storage
onl .
Type II Re~+tted-Use: The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is
Single-Family not be sold or to an additional ft. of additional 12-10 as a and allowed as a
Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on
Residential, separately from deduction. the EHU. unit. property.
Primary/Secondary the unit it is All units not
Residential associated constructed with
with. a garage shall be
. required a
Agriculture & Open minimum 75 sq.
Space ft. of storage area
in addition to
normal closet
space. This 75
sq. ft. shall be a
credit for storage
onl .
1 g Ordinance No. 12, Series of 2008, second reading
Type III Pe~-itted-~1s~ The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is
Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded
Lionshead Mixed Use 2 transferred calculation of dwelling and from the
separately. GRFA. unit. 1,200 sq. ft. max. calculation
6sAditieflal-k1sa: B. Dormitory of density.
Residential Cluster unit:
Low Density Multiple- 200 sq.ft. min. for
Family each person
Medium Density occupying the
Multiple-Family EHU.
High Density Multiple-
Family
Public Accommodation
Public Accommodation 2
Commercial Core 1
Commercial Core 2
Commercial Core 3
Commercial Service
Center
Arterial Business
Parking District
General Use
Heavy Service
Ski Base/Recreation
Ski Base/ Recreation 2
Special Development
District
Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is
designated and deed be sold or 12-10 as a calculated
restricted as a Type IV transferred dwelling as density.
EHU, unless already separately. unit.
designated as an EHU.
Type IV-CL I~s~ The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is
(Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated
Linkage designated and deed transferred dwelling Linkage as density.
mitigation restricted as a Type IV- separately. The unit.
unit) CL EHU, unless already EHU shall be
designated as an EHU. linked to a
specific
Commercial
Linkage
employee
housin
20 Ordinance No. 12, Series of 2008, second reading
mitigation
requirement.
Type IV-IZ see The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is
(Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated
Zoning designated and deed transferred dwelling Zoning as density.
mitigation restricted as a Type IV- separately. The unit.
unit) IZ EHU, unless already EHU shall be
designated as an EHU. linked to a
specific
Inclusionary
Zoning
employee
housing
mitigation
re uirement.
Type V use: The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is
Hillside Residential not be sold or 12-10 as a allowed as a
transferred dwelling second unit
separately from unit. on the
the unit it is property.
associated
with.
Type VI As governed by As determined by As determined by As determined by Per Chapter As determined by As
Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined
management dwelling unit by the PEC.
plan. or a parking
Shall not be managemen
subdivided or t plan per
divided into any Article 12-61,
form of time Housing
share, interval District
ownership, or
fractional fee
unit.
21 Ordinance No. 12, Series of 2008, second reading
Type VII-CL l#ed-Use: The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is
(Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded
Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the
mitigation Public Accommodation, separately. The GRFA. or a parking calculation
unit) Public Accommodation EHU shall be managemen of density.
2, Commercial Core 1, linked to a t plan per
Commercial Core 2, specific Chapter 12-
Commercial Core 3, Commercial 23,
Commercial Service Linkage Commercial
Center, Arterial employee Linkage
Business, General Use, housing
Lionshead Mixed Use 1, mitigation
Lionshead Mixed Use 2, requirement.
Ski Base/Recreation, Ski
Base/Recreation 2,
Parking District, and
Special Development
Districts
22 Ordinance No. 12, Series of 2008, second reading
TypeVll-IZ use: The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is
(Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded
Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the
mitigation Public Accommodation, separately. GRFA. or a parking calculation
unit) Public Accommodation The EHU shall managemen of density.
2, Commercial Core 1, be linked to a t plan per
Commercial Core 2, specific Chapter 12-
Commercial Core 3, Inclusionary 24,
Commercial Service Zoning Inclusionary
Center, Arterial employee Linkage.
Business, General Use, housing
Lionshead Mixed Use 1, mitigation
Lionshead Mixed Use 2, requirement.
Ski Base/Recreation, Ski
Base/Recreation 2,
Parking District, and
Special Development
Districts
23 Ordinance No. 12, Series of 2008, second reading
Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby
amended as follows:
12-16-8: PERMIT APPROVAL AND EFFECT:
Approval of a conditional use permit, or an amendment to an existing conditional use
permit, shall lapse and become void if a building permit is not obtained and construction
not commenced and diligently pursued toward completion or the use for which the
approval has been granted has not commenced within two (2) years from when the
approval becomes final. Approval of a conditional use permit shall also lapse and
become void if the use for which the approval has been granted is discontinued for a
period of two (2) years, regardless of any intent to resume operation of the use.
Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby
amended as follows:
12-16-10: AMENDMENT PROCEDURES:
1. The Administrator may approve amendments to an existing conditional use
permit (including, but not limited to, additions to buildings and structures
associated with the use, changes to the operation of the use, changes to the
previous conditions of approval, etc.) if the Administrator determines the
amendment meets the following criteria:
a. The amendment is in accordance with all applicable elements of the Vail
Town Code and the Vail Comprehensive Plan; and,
b. The amendment does not alter the basic character or intent of the original
conditional use permit; and,
c. The amendment will not adversely affect the public health, safety, and
welfare.
2. All amendments to an existing conditional use permit not meeting the above
listed criteria, as determined by the Administrator, shall be reviewed by the
Planning and Environmental Commission in accordance with the procedures
described in Section 12-16-5 of this chapter.
Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail
Town Code is hereby amended as follows:
1410-12: Communications antennas and appurtenant equipment:
Communications antennas and any associated appurtenant equipment should be
integrated into existing principle buildings and structures. All antennas and
appurtenant equipment shall be located and screened so as not to detract from
the overall site design quality.
Section 29. 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,
24 Ordinance No. 12, Series of 2008, second reading
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 30. 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 31. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 32. 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 1St day of July, 2008 and a public
hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D.
Attest:
~+c
rele~ Donaldson, Town Clerk ""~~
REA/D AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
15th day of July, 2008.
__ _
Richard D. C eveland, ayor
25
2008, second reading