HomeMy WebLinkAbout2023-17 An Ordinance Repealing and Reenacting Section 12-21-10 of the Vail Town Code, Regarding Restricted Development in Hazard ZonesORDINANCE NO.17
SERIES 2023
AN ORDINANCE REPEALING AND REENACTING SECTION 12 21-10
OF THE VAIL TOWN CODE, REGARDING RESTRICTED
DEVELOPMENT IN HAZARD ZONES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-21-10: DEVELOPMENT RESTRICTED:
(A) The term "structure" as used in this Section does not include
recreational structures that are intended for seasonal use other than
residential use.
(B) No structure shall be constructed in any flood hazard zone or red
avalanche hazard area.
(C) Structures may be constructed in blue avalanche hazard areas
provided that proper mitigating measures have been taken.
(D) No structure shall be constructed on a slope of forty (40) percent or
greater except in the following zone districts: Housing (H), Single -Family
Residential (SFR); Two -Family Residential (R); or Two -Family
Primary/Secondary Residential (PS).
(E) The Administrator may require an applicant desiring to build in an
avalanche hazard zone of influence to submit a definitive study of the
hazard area in which the applicant proposes to build, if the Town's master
hazard plan does not contain sufficient information to determine if the
proposed location is in a red hazard or blue hazard area. The study shall
be completed in accordance with Chapter 12 of this Title.
(F) The Administrator may require an applicant desiring to build in a blue
avalanche hazard zone to submit a definitive study indicating whether
improvements are required to mitigate the possible hazard, and if required,
a description of the improvements proposed. The study shall be completed
in accordance with Chapter 12 of this Title.
Section 2. 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.
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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 and the
inhabitants thereof.
Section 4. 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 5. 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
PUBLISHED ONCE IN FULL
2023 and a public hearing for
September, 2023, in the Coun
Colorado.
ON FIRST READING, APPROVED, AND ORDERED
ON FI NG this fits' day of September,
sec Ordinance set for the 19th day of
fil ` Munl Belding, Vail,
ATTEST:
Stephanie Bibbens, own Clerk
Lang aid, Wayor
READ AND APPROVED ON SECOND READING AND F
This 191" day of September 2023. 10
Kim anam i t
ATTEST:
Step anie Bibbens, Town Clerk
ERW PUBLISHED
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